Sec. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
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## SEC. 3513 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM ###
(a)In General ####
(1)Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following: > > ## “CHAPTER 543 **PORT INFRASTRUCTURE DEVELOPMENT PROGRAM** > > **[**[46 U.S.C. 54301](/us/usc/t46/s54301)**]** > > > ## “SEC. 54301 Port infrastructure development program” > > **[**[46 U.S.C. 54301](/us/usc/t46/s54301)**]** > . ####
(2)Subsections (c), (d), and
(e)of section 50302 of such title are redesignated as subsections (a), (b), and
(c)of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)). ###
(b)Amendments to Section 54301 Section 54301 of such title, as redesignated by subsection (a)(2), is amended— ####
(1)in subsection (a)— #####
(A)in paragraph
(2)by striking “or subsection (d)” and inserting “or subsection (b)”; #####
(B)in paragraph (3)(A)(ii)— ######
(i)in subclause
(II)by striking “; or” and inserting a semicolon; ######
(ii)by striking subclause (III); and ######
(iii)by adding at the end the following: > > ###### “(III) > > operational improvements, including projects to improve port resilience; or > > > ###### “(IV) > > environmental and emission mitigation measures; including projects for— > > > ###### “(aa) > > port electrification or electrification master planning; > > > ###### “(bb) > > harbor craft or equipment replacements or retrofits; > > > ###### “(cc) > > development of port or terminal microgrids; > > > ###### “(dd) > > providing idling reduction infrastructure; > > > ###### “(ee) > > purchase of cargo handling equipment and related infrastructure; > > > ###### “(ff) > > worker training to support electrification technology; > > > ###### “(gg) > > installation of port bunkering facilities from oceangoing vessels for fuels; > > > ###### “(hh) > > electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or > > > ###### “(ii) > > other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies.” > ; #####
(C)in paragraph (5)— ######
(i)in subparagraph
(A)by striking “or subsection (d)” and inserting “or subsection (b)”; and ######
(ii)in subparagraph
(B)by striking “subsection (d)” and inserting “subsection (b)”; #####
(D)in paragraph (6)(B)— ######
(i)in clause
(i)by striking “; and” and inserting a semicolon; ######
(ii)in clause
(ii)by striking the period and inserting “; and”; and ######
(iii)by adding at the end the following: > > ### “(iii) > > a port’s increased resilience as a result of the project.” > ; #####
(E)in paragraph (7)— ######
(i)in subparagraph (B)— ######
(I)by striking “subsection (d)” in each place it appears and inserting “subsection (b)”; and ######
(II)by striking “18 percent” and inserting “25 percent”; ######
(ii)in subparagraph
(C)by striking “subsection (d)(3)(A)(ii)(III)” and inserting “subsection (b)(3)(A)(ii)(III)”; #####
(F)in paragraph (8)— ######
(i)in subparagraph
(A)by striking “or subsection (d)” and inserting “or subsection (b)”; and ######
(ii)in subparagraph (B)— ######
(I)in clause
(i)by striking “subsection (d)” and inserting “subsection (b)”; and ######
(II)in clause
(ii)by striking “subsection (d)” and inserting “subsection (b)”; #####
(G)in paragraph
(9)by striking “subsection (d)” and inserting “subsection (b)”; #####
(H)in paragraph (10)— ######
(i)in subparagraph (A), by striking “subsection (d)” and inserting “subsection (b)”; ######
(ii)by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; and ######
(iii)by inserting after subparagraph
(A)the following new subparagraph (B): > > ##### “(B) Efficient use of non-federal funds > > > ###### “(i) In general > > Notwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— > > > ###### “(I) > > the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and > > > ###### “(II) > > any non-Federal funds obligated or expended in accordance with subclause
(I)shall be credited toward the non-Federal cost share for the project for which the grant is provided. > > > ###### “(ii) Requirements > > > ###### “(I) Application > > In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including— > > > ###### “(aa) > > a description of the activities the grant recipient intends to fund; > > > ###### “(bb) > > a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and > > > ###### “(cc) > > the level of risk of the activities described in item (aa). > > > ###### “(II) Approval > > The Secretary shall approve or disapprove each request submitted under subclause (I). > > > ###### “(III) Compliance with applicable requirements > > Any obligation or expenditure of non-Federal funds under clause
(i)shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. > > > ###### “(iii) Effect > > The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— > > > ###### “(I) > > affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; > > > ###### “(II) > > create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or > > > ###### “(III) > > affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i).” > ; and #####
(I)in paragraph (12)— ######
(i)by striking “subsection (d)” and inserting “subsection (b)”; and ######
(ii)by adding at the end the following: > > ##### “(D) Resilience > > The term ‘resilience’ means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events.” > ; ####
(2)in subsection (b)— #####
(A)in the subsection heading by striking “Inland” and inserting “Inland River”; #####
(B)in paragraph
(1)by striking “subsection (c)(7)(B)” and inserting “subsection (a)(7)(B)”; #####
(C)in paragraph (3)(A)(ii)(III) by striking “subsection (c)(3)(B)” and inserting “subsection (a)(3)(B)”; and #####
(D)in paragraph (5)(A) by striking “subsection (c)(8)(B)” and inserting “subsection (a)(8)(B)”; and ####
(3)in subsection (c)— #####
(A)by striking “subsection
(c)or subsection (d)” and inserting “subsection
(a)or subsection (b)”; and #####
(B)by striking “subsection (c)(2)” and inserting “subsection (a)(2)”. ###
(c)Grants for Emission Mitigation Measures For fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a). ###
(d)Clerical Amendments **[**[46 U.S.C. 50101](/us/usc/t46/s50101)**]** The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following:" “543.Port Infrastructure Development Program54301”” ".
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