Sec. 3514. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY

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## SEC. 3514 PORT OPERATIONS, RESEARCH, AND TECHNOLOGY ###

(a)Short Title **[**[46 U.S.C. 101 note](/us/usc/t46/s101)**]** This section may be cited as the “Ports Improvement Act”. ###

(b)Port and Intermodal Improvement Program Section 50302 of title 46, United States Code, is amended by striking subsection

(c)and inserting the following: > > ### “(c) Port and Intermodal Improvement Program > > > #### “(1) General authority > > Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to assist in funding eligible projects for the purpose of improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports. > > > #### “(2) Eligible applicant > > The Secretary may make a grant under this subsection to the following: > > > ##### “(A) > > A State. > > > ##### “(B) > > A political subdivision of a State, or a local government. > > > ##### “(C) > > A public agency or publicly chartered authority established by 1 or more States. > > > ##### “(D) > > A special purpose district with a transportation function. > > > ##### “(E) > > An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes. > > > ##### “(F) > > A multistate or multijurisdictional group of entities described in this paragraph. > > > ##### “(G) > > A lead entity described in subparagraph (A), (B), (C), (D), (E), or

(F)jointly with a private entity or group of private entities. > > > #### “(3) Eligible projects > > The Secretary may make a grant under this subsection— > > > ##### “(A) > > for a project, or package of projects, that— > > > ###### “(i) > > is either— > > > ###### “(I) > > within the boundary of a port; or > > > ###### “(II) > > outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and > > > ###### “(ii) > > will be used to improve the safety, efficiency, or reliability of— > > > ###### “(I) > > the loading and unloading of goods at the port, such as for marine terminal equipment; > > > ###### “(II) > > the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems; or > > > ###### “(III) > > environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or > > > ##### “(B) > > notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph

(A)for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work. > > > #### “(4) Prohibited uses > > A grant award under this subsection may not be used— > > > ##### “(A) > > to finance or refinance the construction, reconstruction, reconditioning, or purchase of a vessel that is eligible for such assistance under chapter 537, unless the Secretary determines such vessel— > > > ###### “(i) > > is necessary for a project described in paragraph (3)(A)(ii)(III) of this subsection; and > > > ###### “(ii) > > is not receiving assistance under chapter 537; or > > > ##### “(B) > > for any project within a small shipyard (as defined in section 54101). > > > #### “(5) Applications and process > > > ##### “(A) Applications > > To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary considers appropriate. > > > ##### “(B) Solicitation process > > Not later than 60 days after the date that amounts are made available for grants under this subsection for a fiscal year, the Secretary shall solicit grant applications for eligible projects in accordance with this subsection. > > > #### “(6) Project selection criteria > > > ##### “(A) In general > > The Secretary may select a project described in paragraph

(3)for funding under this subsection if the Secretary determines that— > > > ###### “(i) > > the project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to a port; > > > ###### “(ii) > > the project is cost effective; > > > ###### “(iii) > > the eligible applicant has authority to carry out the project; > > > ###### “(iv) > > the eligible applicant has sufficient funding available to meet the matching requirements under paragraph (8); > > > ###### “(v) > > the project will be completed without unreasonable delay; and > > > ###### “(vi) > > the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor. > > > ##### “(B) Additional considerations > > In selecting projects described in paragraph

(3)for funding under this subsection, the Secretary shall give substantial weight to— > > > ###### “(i) > > the utilization of non-Federal contributions; and > > > ###### “(ii) > > the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as applicable. > > > ##### “(C) Small projects > > The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a project is cost effective, for a small project described in paragraph (7)(B). > > > #### “(7) Allocation of funds > > > ##### “(A) Geographic distribution > > Not more than 25 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for projects in any 1 State. > > > ##### “(B) Small projects > > The Secretary shall reserve 25 percent of the amounts made available for grants under this subsection each fiscal year to make grants for eligible projects described in paragraph (3)(A) that request the lesser of— > > > ###### “(i) > > 10 percent of the amounts made available for grants under this subsection for a fiscal year; or > > > ###### “(ii) > > $10,000,000. > > > ##### “(C) Development phase activities > > Not more than 10 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for development phase activities under paragraph (3)(B). > > > #### “(8) Federal share of total project costs > > > ##### “(A) Total project costs > > To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an estimate of the total costs of a project under this subsection based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. > > > ##### “(B) Federal share > > > ###### “(i) In general > > Except as provided in clause (ii), the Federal share of the total costs of a project under this subsection shall not exceed 80 percent. > > > ###### “(ii) Rural areas > > The Secretary may increase the Federal share of costs above 80 percent for a project located in a rural area. > > > #### “(9) Procedural safeguards > > The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that— > > > ##### “(A) > > grant funds are used for the purposes for which those funds were made available; > > > ##### “(B) > > each grantee properly accounts for all expenditures of grant funds; and > > > ##### “(C) > > grant funds not used for such purposes and amounts not obligated or expended are returned. > > > #### “(10) Grant conditions > > > ##### “(A) In general > > The Secretary shall require as a condition of making a grant under this subsection that a grantee— > > > ###### “(i) > > maintain such records as the Secretary considers necessary; > > > ###### “(ii) > > make the records described in clause

(i)available for review and audit by the Secretary; and > > > ###### “(iii) > > periodically report to the Secretary such information as the Secretary considers necessary to assess progress. > > > ##### “(B) Additional requirement > > The Secretary shall apply the same requirements of section 117(k) of title 23, United States Code, to a port project assisted in whole or in part under this section as the Secretary does a port-related freight project under section 117 of title 23, United States Code. > > > ##### “(C) Construction, repair, or alteration of vessels > > With regard to the construction, repair, or alteration of vessels, the same requirements of section 117(k) of title 23, United States Code, shall apply regardless of whether the location of contract performance is known when bids for such work are solicited. > > > #### “(11) Administration > > > ##### “(A) Administrative and oversight costs > > The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the Secretary to carry out this subsection. > > > ##### “(B) Availability > > > ###### “(i) In general > > Amounts appropriated for carrying out this subsection shall remain available until expended. > > > ###### “(ii) Unexpended funds > > Amounts awarded as a grant under this subsection that are not expended by the grantee during the 5-year period following the date of the award shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year. > > > #### “(12) Definitions > > In this subsection: > > > ##### “(A) Appropriate committees of congress > > The term ‘appropriate committees of Congress’ means— > > > ###### “(i) > > the Committee on Commerce, Science, and Transportation of the Senate; and > > > ###### “(ii) > > the Committee on Transportation and Infrastructure of the House of Representatives. > > > ##### “(B) Port > > The term ‘port’ includes— > > > ###### “(i) > > any port on the navigable waters of the United States; and > > > ###### “(ii) > > any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters. > > > ##### “(C) Project > > The term ‘project’ includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements. > > > ##### “(D) Rural area > > The term ‘rural area’ means an area that is outside an urbanized area. > > > ### “(d) Additional Authority of the Secretary > > In carrying out this section, the Secretary may— > > > #### “(1) > > coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the transportation system, to increase port security, or to provide greater access to port facilities; > > > #### “(2) > > seek to coordinate all reviews or requirements with appropriate Federal, State, and local agencies; and > > > #### “(3) > > in addition to any financial assistance provided under subsection (c), provide such technical assistance to port authorities or commissions or their subdivisions and agents.” > . ###

(c)Savings Clause **[**[46 U.S.C. 50302 note](/us/usc/t46/s50302)**]** A repeal made by subsection

(b)of this section shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the funds were subject under— ####

(1)section 50302(c) of title 46, United States Code, as in effect on the day before the date of enactment of this title; ####

(2)section 9008 of the SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926); ####

(3)section 10205 of the SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); and ####

(4)section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r). ###

(d)Remedial Actions Section 533 of the Coast Guard Authorization Act of 2016 (Public Law 114-120; 130 Stat. 74) is amended by adding at the end the following: > > ### “(f) Remedial Actions > > For purposes of the conveyances under this section, the remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast Guard after the date of such conveyance and a deed entered into for such conveyance shall include a clause granting the United States Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such conveyance.” > . ###

(e)Environmental Compliance Section 534(a) of the Coast Guard Authorization Act of 2016 (Public Law 114-120; 42 U.S.C. 9620 note) is amended— ####

(1)by striking “Nothing” and inserting “After the date on which the Secretary of the Interior conveys land under section 533 of this Act, nothing”; and ####

(2)by inserting “, with respect to contaminants on such land prior to the date on which the land is conveyed” before the period.

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