Sec. 3514. Codification of existing language; technical amendments

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Section 3505(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 46 U.S.C. 50302 note) is— transferred to appear after section 54301(a)(6)(B) of title 46, United States Code; redesignated as subparagraph (C); and amended by striking Under the port infrastructure development grant program established under section 50302(c) of title 46, United States Code and inserting In selecting projects described in paragraph

(3). Section 3505(a)(2) of such Act is transferred to appear after section 54301(a)(12)(D) of title 46, United States Code, and redesignated as subparagraph (E). Section 3505(a) of such Act is repealed. Section 54301(b)(5)(B) of title 46, United States Code, is amended by striking subsection (c)(6)(A) and inserting subsection (a)(6)(A) . Section 3502(b) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 is— amended— by striking For fiscal year 2020 and each subsequent fiscal year, the and inserting The ; and by striking section 56101 of title 46, United States Code, and inserting this section ; transferred to appear after section 56101(e) of title 46, United States Code; and redesignated as subsection (f). The analysis for chapter 503 of title 46, United States Code, is amended in the item relating to section 50308 by striking and inserting Port development; maritime transportation system emergency relief program . Maritime transportation system emergency relief program Section 50301(b) of title 46, United States Code, is amended by striking ( and inserting 50 App. U.S.C. 1291(a) , (c), 1293(c), 1294) ( . 50 U.S.C. 4701(a) , (c), 4703(c), 4704) Section 50308 of title 46, United States Code, is amended— in subsection (a)(2)(B), by striking Federal Emergency Management Administration and inserting Federal Emergency Management Agency ; and in subsection (j)(4)(A), by striking Federal Emergency Management Administration and inserting Federal Emergency Management Agency . The analysis for subtitle V of title 46, United States Code, is amended in the item relating to chapter 556 by striking and inserting SHORT SEA TRANSPORTATION . MARINE HIGHWAYS The analysis for chapter 537 of title 46, United States Code, is amended by striking the item relating to section 53703 and inserting the following: 53703. Application and administration. . The analysis for chapter 541 of title 46, United States Code, is amended to read as follows: Chapter 541—MISCELLANEOUS Sec. 54101. Assistance for small shipyards. . Section 11328(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by striking Maritime and inserting Marine . Chapter 571 of title 46, United States Code, is amended— by redesignating section 57111 as section 57110; and by adding at the end the following: In this chapter, the term obsolete vessel means a vessel that— is or will be in the custody and control of the Maritime Administration for purposes of disposing of the vessel; and has been determined by the Secretary of Transportation to be of insufficient value, with respect to the programs of the Maritime Administration, to warrant— preserving for future use or spare parts harvesting; or retaining in the National Defense Reserve Fleet. . Section 57100(g) of title 46, United States Code, is amended by striking of insufficient value to remain in the National Defense Reserve Fleet and inserting an obsolete vessel . Section 57101(b) of title 46, United States Code, is amended by inserting , or section 308704 of title 54 before the period at the end. Section 57102 of title 46, United States Code, is amended— in the heading, by striking ; not worth preserving in subsection (a), by striking owned by the Maritime Administration and all that follows through the period at the end and inserting is an obsolete vessel, the Secretary may dispose of such vessel (by sale or by purchase of disposal services). ; and in subsection (b), by striking on the basis of competitive sealed bids, after an appraisal and due advertisement and inserting on a best value basis . Section 57103 of title 46, United States Code, is amended— in the heading, by striking ; and nonretention in subsection (a), by striking of insufficient value to warrant its further preservation . The analysis for chapter 571 of title 46, United States Code, is amended— by striking the item relating to section 57102 and inserting the following: Disposition of vessels. ; by striking the item relating to section 57103 and inserting the following: Donation of vessels in the National Defense Reserve Fleet. ; by redesignating the item relating to section 57111 as the item relating to section 57110; and by adding at the end the following: 57111. Definition of obsolete vessel. . Section 2 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 ) is amended— in subsection (a)— in the matter preceding paragraph (1), by striking

(a)It and all that follows through to— and inserting the following: The purposes of this Act are— ; in each of paragraphs

(1)through (6)— by inserting to after the paragraph designation; and by indenting the paragraphs appropriately; in paragraph (2), by striking such ports and inserting deepwater ports ; in paragraph (5)— by striking continental shelf and inserting Continental Shelf ; and by striking attendant thereto and inserting associated with that traffic ; and in paragraph (6), by striking continental shelf each place it appears and inserting Continental Shelf ; and in subsection (b), by striking the subsection designation and all that follows through to affect and inserting the following: Nothing in this Act affects . Section 3 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1502 ) is amended— by striking the section designation and heading and all that follows through the term— in the matter preceding paragraph

(1)and inserting the following: In this Act: ; in each of paragraphs

(1)through (17)— by inserting The term after the paragraph designation; by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and by striking the semicolon at the end of the paragraph and inserting a period; in paragraph (2), by striking section 5(c)(2)(A) or

(B)and inserting subparagraph

(A)or

(B)of section 5(c)(2) ; in each of paragraphs

(18)and (19)— by inserting The term after the paragraph designation; and by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and in paragraph (18), by striking ; and at the end and inserting a period. Section 4 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1503 ) is amended— in subsection (c)— in each of paragraphs

(1)through (7), by striking he after the paragraph designation and inserting the Secretary ; in paragraph (1), by adding a semicolon at the end; and in paragraph (8)— by striking the adjacent and inserting each adjacent ; by striking of States, pursuant to section 9 of this Act, ; by inserting the before issuance ; and by inserting pursuant to section 9(b)(1), if applicable before ; and ; in subsection (e)— in paragraph (1), in the second sentence— by striking requirements of this title and inserting requirements of this Act ; by striking section 10(a) of this title and inserting section 10(a) ; and by striking the semicolon and inserting a comma; in paragraph (2)(B), by striking he will comply and inserting the licensee or transferee will comply ; and in paragraph (3)— in the first sentence, by striking he deems necessary to assure and inserting the Secretary determines to be necessary to ensure ; in the second sentence, by striking he finds and inserting the Secretary finds ; and in the third sentence— by striking he determines and inserting the Secretary determines ; by striking (67 Stat. 462) and inserting ( ; and 43 U.S.C. 1331 et seq. ) by striking terms and all that follows through the period at the end and inserting terms of that Act. ; and in subsection (f), by striking this title and inserting this Act . Section 5 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1504 ) is amended— in subsection (c)— by striking the subsection designation and all that follows through the end of paragraph

(1)and inserting the following: Each person that submits to the Secretary an application shall include in the application a detailed plan that contains all information required under paragraph (2). Not later than 21 days after the date of receipt of an application, the Secretary shall— determine whether the application contains all information required under paragraph (2); and if the Secretary determines that such information is contained in the application, not later than 5 days after making the determination, publish in the Federal Register— a notice of the application; and a summary of the plans; or if the Secretary determines that all required information is not contained in the application— notify the applicant of the applicable deficiencies; and take no further action with respect to the application until those deficiencies have been remedied. On publication of a notice relating to an application under subparagraph (B)(ii)(I), the Secretary shall be subject to subsection (f). ; and in paragraph (2)— by striking of this paragraph each place it appears; by striking the paragraph designation and all that follows through to— in the matter preceding subparagraph

(A)and inserting the following: Each application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including— ; and by indenting subparagraphs

(A)through

(M)appropriately; in subsection (g), in the last sentence, by striking section 5(c) of this Act and inserting subsection

(c); in subsection (h)— by striking (h)(1) Each and inserting the following: Each ; in subparagraph

(A)of paragraph

(1)(as so designated), in the second sentence, by striking In addition and inserting the following: In addition to a fee under subparagraph

(A); and in paragraph (2)— by striking the last sentence; by striking

(2)Notwithstanding and inserting the following: In this paragraph, the term directly related land-based facility , with respect to a deepwater port facility, means an onshore tank farm and any pipelines connecting the tank farm to the deepwater port facility. Notwithstanding ; and in subparagraph

(B)(as so designated)— in the fourth sentence, by striking Such fees and inserting the following: A fee established under this paragraph ; in the third sentence— by striking such each place it appears and inserting the applicable ; and by striking Fees under and inserting the following: The amount of a fee established under ; and in the second sentence— by striking such each place it appears and inserting the applicable ; and by striking Fees may be fixed under authority of this paragraph and inserting the following: A fee may be established pursuant to this paragraph ; and in paragraph (3)— by striking Outer and inserting outer ; and by striking

(3)A licensee and inserting the following: A licensee ; in subsection (i)— in paragraph (2)— in subparagraph (A)— by inserting First, after the subparagraph designation; and by striking the semicolon at the end and inserting a period; in subparagraph (B)— by inserting Second, after the subparagraph designation; and by striking the semicolon at the end and inserting a period; and in subparagraph (C), by inserting Third, after the subparagraph designation; in paragraph (3)— in subparagraph (C), by striking

(C)any and inserting the following: Any ; in subparagraph (B)— by striking ; and at the end and inserting a period; and by striking

(B)any and inserting the following: Any ; in subparagraph (A)— by striking section 6 of this Act; and inserting section 6. ; and by striking

(A)the degree and inserting the following: The degree ; and by inserting after subparagraph

(A)the following: National security, including an assessment of the implications for the national security of the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code) of the United States. ; and in paragraph (4)— by striking the second sentence and inserting the following: If the Secretary fails to approve or deny an application for a deepwater port for natural gas by the applicable deadline under subparagraph (A), the reporting requirements under paragraphs (1), (2), and

(3)shall not apply to the application. ; and in the matter preceding subparagraph

(B)(as so added), by striking

(4)The Secretary and inserting the following: The Secretary ; in subsection (j)(1), by striking of Transportation ; and by adding at the end the following: In this subsection, the term applicable deadline , with respect to an applicant, means the deadline or date applicable to the applicant under any of the following: Section 4(c)(6). Section 4(d)(3). Subsection (c)(1)(B) (including clause (ii)(I) of that subsection). Subsection (d)(3). Paragraph

(1)or

(2)of subsection (e). Subsection (g). Paragraph

(1)or (4)(A) of subsection (i). If the Secretary suspends or delays an applicable deadline, the Secretary shall submit to the applicant, and publish in the Federal Register, a written statement— describing the reasons for the suspension or delay; describing and requesting any information necessary to issue the applicable license or permit and the status of applicable license or permit application at the lead agency and any cooperating agencies; and identifying the applicable deadline with respect to the statement. An applicant that receives a statement under paragraph

(2)may submit to the Secretary a request for a meeting with appropriate personnel of the Department of Transportation and representatives of each cooperating Federal agency, as appropriate, determined by the Secretary to be relevant with respect to the application, including such officials as are appropriate, who shall provide technical assistance, status, process, and timeline updates and additional information as necessary. A meeting requested under clause

(i)shall be held not later than 30 days after the date on which the Secretary receives the request under that clause. On receipt of a request under paragraph (3)(A), and not less frequently than once every 30 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary shall submit a notice of the delay, including a description of the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay, to— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. If the Secretary suspends or delays an applicable deadline, not later than 120 days after that applicable deadline, and not less frequently than once every 120 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary (or a designee of the Secretary) shall provide a briefing regarding the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay to— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. . Section 6 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1505 ) is amended— in subsection (a), by striking

(a)The Secretary and inserting the following: The Secretary ; in subsection (b)— by striking of this section ; and by striking

(b)The Secretary and inserting the following: The Secretary ; and in subsection (c)— by striking concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection and inserting concurrently with the regulations promulgated pursuant to section 5(a) and in accordance with that section ; and by striking

(c)Criteria and inserting the following: The criteria . Section 9 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1508 ) is amended— by striking subsection

(a)and inserting the following: In issuing a notice relating to an application for a deepwater port under section 5(c)(1)(B)(ii)(I), the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be— directly connected by pipeline to that deepwater port; or located within 15 miles of that deepwater port. ; and in subsection (b)— by striking (b)(1) Not later than 10 days after the designation of adjacent coastal States pursuant to this Act and inserting the following: Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection

(a)with respect to a deepwater port proposed in an application ; in paragraph (1)(A) (as so designated)— in the fourth sentence, by striking If the Governor and inserting the following: If the Governor of an adjacent coastal State ; in the third sentence, by striking If the Governor fails to transmit his and inserting the following: If the Governor of an adjacent coastal State fails to transmit a required ; and in the second sentence, by striking The Secretary and inserting the following: The Secretary ; and in paragraph (2)— by striking

(2)Any other interested State and inserting the following: Any other State with an interest relating to a deepwater port proposed in an application ; and by striking a deepwater port and inserting the deepwater port .

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