Sec. 3504. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS
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## SEC. 3504 ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS Section 50302 of title 46, United States Code, is amended— ####
(1)in subsection (c)— #####
(A)in paragraph (2)— ######
(i)in the matter preceding subparagraph (A), by inserting “or subsection (d)” after “this subsection”; and ######
(ii)in subparagraph (G), by inserting “, including the owners or operators of a facility, or collection of facilities at a port” after “private entities”; #####
(B)in paragraph (5)— ######
(i)in subparagraph (A), by inserting “or subsection (d)” after “this subsection”; ######
(ii)in subparagraph (B)— ######
(I)by striking “60” and inserting “90”; and ######
(II)by inserting “or subsection (d)” after “this subsection”; #####
(C)in paragraph (6), by striking subparagraph (C); #####
(D)in paragraph (7)— ######
(i)in subparagraph (B)— ######
(I)by striking “25 percent” and inserting “18 percent”; and ######
(II)by striking “paragraph (3)(A)” and all that follows through the period at the end of clause
(ii)and inserting “subsection (d). The requirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (d).”; and ######
(ii)by striking subparagraph
(C)and inserting the following: > > ##### “(C) Development phase activities > > Of the amounts made available for grants under this section for a fiscal year— > > > ###### “(i) > > not more than 10 percent may be used to make grants for development phase activities under paragraph (3)(B); and > > > ###### “(ii) > > not more than 10 percent may be used to make grants for development phase activities under subsection (d)(3)(A)(ii)(III).” > ; #####
(E)in paragraph (8)— ######
(i)in subparagraph (A)— ######
(I)by inserting “or subsection (d)” after “this subsection” the first place it appears; and ######
(II)by striking “a project under this subsection” and inserting “the project for which the grant is requested”; ######
(ii)in subparagraph (B)— ######
(I)in clause
(i)by striking “under this subsection” and inserting “under this subsection or subsection (d)”; and ######
(II)in clause
(ii)by inserting “for which a grant is awarded under subsection
(d)or that is” after “project”; and #####
(F)in paragraph (9), by inserting “for grants made under this subsection and subsection (d)” after “procedures”; #####
(G)in paragraph (10), by inserting “or subsection (d)” after “this subsection”; #####
(H)in paragraph (11)— ######
(i)in subparagraph (A)— ######
(I)by striking “under this subsection” and inserting “to make grants for port development under this section”; and ######
(II)by striking “to carry out this subsection” and inserting “to make grants for port development under this section”; ######
(ii)in subparagraph (B)— ######
(I)in clause (i), by striking “for carrying out this subsection” and inserting “to make grants for port development under this section”; and ######
(II)in clause (ii)— ######
(aa)by striking “under this subsection” and inserting “for port development under this section”; ######
(bb)by inserting “or that are returned under paragraph (9)(C)” after “the award”; and ######
(cc)by adding at the end the following new sentence: “Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made.”; and #####
(I)in paragraph (12)— ######
(i)by inserting “and subsection (d)” after “this subsection”; and ######
(ii)by striking subparagraph
(A)and redesignating subparagraphs
(B)through
(D)as subparagraphs
(A)through (C), respectively; ####
(2)by redesignating subsection
(d)as subsection (e); ####
(3)by inserting after subsection
(c)the following new subsection (d): > > ### “(d) Assistance for Small Inland and Coastal Ports and Terminals > > > #### “(1) In general > > From amounts reserved under subsection (c)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under this subsection to eligible applicants for eligible projects at a port, to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using United States Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary. > > > #### “(2) Awards > > In providing assistance under this subsection, the Secretary shall— > > > ##### “(A) > > take into account— > > > ###### “(i) > > the economic advantage and the contribution to freight transportation at a port; and > > > ###### “(ii) > > the competitive disadvantage of such a port; > > > ##### “(B) > > not make more than 1 award per applicant under this subsection for each fiscal year appropriation; and > > > ##### “(C) > > take into consideration the degree to which a project would promote the enhancement and efficiencies of a port. > > > #### “(3) Use of funds > > > ##### “(A) In general > > Assistance provided under this subsection may be used for a project that— > > > ###### “(i) > > is— > > > ###### “(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) > > for— > > > ###### “(I) > > making capital improvements, including to piers, wharves, docks, terminals, and similar structures used principally for the movement of goods; > > > ###### “(II) > > acquiring, improving, repairing, or maintaining transportation or physical infrastructure, buildings, or equipment; > > > ###### “(III) > > performing development phase activities described in subsection (c)(3)(B) related to carrying out an activity described in this clause; and > > > ###### “(IV) > > otherwise fulfilling the purposes for which such assistance is provided. > > > ##### “(B) Acquisition methods > > The Secretary may not require as a condition of issuing a grant under this subsection— > > > ###### “(i) > > direct ownership of either a facility or equipment to be procured using funds awarded under this subsection; or > > > ###### “(ii) > > that equipment procured using such funds be new. > > > #### “(4) Prohibited uses > > Funds provided under this subsection may not be used for— > > > ##### “(A) > > projects conducted on property outside the boundary of a port unless such property is directly related to port operations or to an intermodal connection to a port; > > > ##### “(B) > > any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation; or > > > ##### “(C) > > activities, including channel improvements or harbor deepening that is part of a Federal channel or an access channel associated with a Federal channel, authorized, as of the date of the application for assistance under this subsection, to be carried out by of the United States Army Corps of Engineers. > > > #### “(5) Matching requirements > > > ##### “(A) In general > > Any costs of the project to be paid by the recipient’s matching share pursuant to subsection (c)(8)(B) may— > > > ###### “(i) > > be incurred prior to the date on which assistance is provided; and > > > ###### “(ii) > > include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary. > > > ##### “(B) Determination of effectiveness > > In determining whether a project meets the criteria under clauses (i), (iii), (iv), (v), and
(vi)of subsection (c)(6)(A), the Secretary shall accept documentation used to obtain a commitment of the matching funds covered by this paragraph, including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation.” > ; and ####
(4)in subsection (e)(3), as so redesignated— #####
(A)by inserting “or subsection (d)” after “subsection (c)”; and #####
(B)by striking “to port authorities or commissions or their subdivisions and agents” and inserting “to any eligible applicants as described in subsection (c)(2)”.