§54301. Port infrastructure development program
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§54301. Port infrastructure development program
(a)
(1)
(2)
(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, including the owners or operators of a facility, or collection of facilities at a port.
(3)
(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;
(III) operational improvements, including projects to improve port resilience;
(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; or
(V) port and port-related infrastructure that supports seafood and seafood-related businesses, including the loading and unloading of commercially harvested fish and fish products, seafood processing, cold storage, and other related infrastructure.
(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)
(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)
(A)
(i)
(ii)
(I) certify the facility for which a covered applicant is applying for a grant has an approved facility security plan pursuant to section 70103(c) of this title that addresses the cybersecurity risks of such digital infrastructure or software component; or
(II) if the approved facility security plan of a facility for which a covered applicant is applying for a grant does not address such cybersecurity risks, provide a brief description in the application of how such applicant will address the cybersecurity risks of such digital infrastructure or software component.
(iii)
(iv)
(B)
(C)
(6)
(A)
(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 (except in the case of a project described under subparagraph (D));
(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)
(i) the utilization of non-Federal contributions;
(ii) the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as applicable (except in the case of a project described under subparagraph (D)); and
(iii) a port's increased resilience as a result of the project.
(C)
(D)
(7)
(A)
(B)
(C)
(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 (b)(5)(A)(ii)(III).
(8)
(A)
(B)
(i)
(ii)
(9)
(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;
(C) grant funds not used for such purposes and amounts not obligated or expended are returned; and
(D) grant contracts are approved efficiently by the Secretary, minimizing delays for minor adjustments to project scopes and budgets, including due to inflationary effects on projects.
(10)
(A)
(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)
(i)
(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)
(I)
(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)
(III)
(iii)
(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).
(C)
(11)
(A)
(B)
(i)
(ii)
(12)
(A)
(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 (including the Great Lakes).
(B)
(C)
(D)
(E)
(b)
(1)
(2)
(A)
(B)
(C)
(3)
(4)
(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.
(5)
(A)
(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 (a)(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)
(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.
(6)
(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.
(7)
(A)
(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)
(c)
(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 (a) or subsection (b), provide such technical assistance to any eligible applicants as described in subsection (a)(2).
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Codification
Subsec. (a)(1) and (2) of section 3505 of Pub. L. 113–66, which were transferred to this section, redesignated as subsec. (a)(6)(C) and (12)(E), respectively, and amended by Pub. L. 118–31, div. C, title XXXV, §3514(a)(1)(A), (B), were based on Pub. L. 113–66, div. C, title XXXV, §3505(a), Dec. 26, 2013, 127 Stat. 1086, formerly set out as a note under section 50302 of this title.
Subsecs. (c) to (e) of section 50302 of this title, which were transferred to this section, redesignated as subsecs. (a) to (c), repsectively, and amended by Pub. L. 117–81, §3513(a)(2), (b), were based on Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 111–84, div. C, title XXXV, §3512, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 113–66, div. C, title XXXV, §3505(b), Dec. 26, 2013, 127 Stat. 1086; Pub. L. 116–92, div. C, title XXXV, §3514(b), Dec. 20, 2019, 133 Stat. 1980; Pub. L. 116–283, div. C, title XXXV, §3504, Jan. 1, 2021, 134 Stat. 4399.
Amendments
2024—Subsec. (a)(5)(A). Pub. L. 118–159, §3511(f), designated existing provisions as cl. (i), inserted cl. (i) heading, and added cls. (ii) to (iv).
Subsec. (a)(5)(C). Pub. L. 118–159, §3511(d), added subpar. (C).
Subsec. (a)(6)(A)(ii). Pub. L. 118–159, §3535(a)(1)(A), substituted "subparagraph (D)" for "subparagraph (C)".
Subsec. (a)(6)(B)(ii). Pub. L. 118–159, §3535(a)(1)(B), substituted "subparagraph (D)" for "subparagraph (C)".
Subsec. (a)(6)(C), (D). Pub. L. 118–159, §3535(a)(1)(C), redesignated subpar. (C) relating to noncontiguous states and territories as (D).
Subsec. (a)(9)(D). Pub. L. 118–159, §3511(e), added subpar. (D).
Subsec. (a)(10)(B)(i). Pub. L. 118–159, §3535(a)(2)(A), substituted "law and" for "law ans".
Subsec. (a)(10)(C), (D). Pub. L. 118–159, §3535(a)(2)(B), redesignated subpar. (D) as (C) and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: "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."
Subsec. (a)(12)(A)(ii). Pub. L. 118–159, §3511(a)(3), substituted "inland waters (including the Great Lakes)" for "inland waters".
Subsec. (a)(12)(E). Pub. L. 118–159, §3535(a)(3), struck out "and" before "commercial port".
2023—Subsec. (a)(3)(A)(ii)(V). Pub. L. 118–31, §3511, added subcl. (V).
Subsec. (a)(6)(A)(ii). Pub. L. 118–31, §3513(b)(1), inserted "(except in the case of a project described under subparagraph (C))" after "effective".
Subsec. (a)(6)(B)(ii). Pub. L. 118–31, §3513(b)(2), inserted "(except in the case of a project described under subparagraph (C))" after "as applicable".
Subsec. (a)(6)(C). Pub. L. 118–31, §3514(a)(1)(A)(iii), which directed substitution of "In selecting projects described in paragraph (3)" for "Under the port infrastructure development grant program established under section 50302(c) of title 46, United States Code", was executed by making the substitution for "Under the port infrastructure development program established under section 50302(c) of title 46, United States Code" to reflect the probable intent of Congress.
Pub. L. 118–31, §3514(a)(1)(A)(i), (ii), transferred the text of section 3505(a)(1) of Pub. L. 113–66 to this section and redesignated it as subsec. (a)(6)(C) relating to priority funding for strategic seaports. See Codification note above.
Pub. L. 118–31, §3513(b)(3), added subpar. (C) relating to noncontiguous states and territories.
Subsec. (a)(7)(C)(ii). Pub. L. 118–31, §3512(b), substituted "subsection (b)(5)(A)(ii)(III)" for "subsection (b)(3)(A)(ii)(III)".
Subsec. (a)(12)(E). Pub. L. 118–31, §3514(a)(1)(B), transferred the text of section 3505(a)(2) of Pub. L. 113–66 to this section and redesignated it as subsec. (a)(12)(E). See Codification note above.
Subsec. (b)(1). Pub. L. 118–31, §3512(a)(1), struck out "the findings of which are acceptable to the Secretary" before period at end.
Subsec. (b)(2), (3). Pub. L. 118–31, §3512(a)(3), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively.
Subsec. (b)(4) to (7). Pub. L. 118–31, §3512(a)(2), redesignated pars. (2) to (5) as (4) to (7), respectively.
Subsec. (b)(7)(B). Pub. L. 118–31, §3514(a)(2), which directed substitution of "subsection (a)(6)(A)" for "subsection (c)(6)(A)" in par. (5)(B), was executed to par. (7)(B) to reflect the probable intent of Congress and the intervening redesignation made by section 3512(a)(2) of Pub. L. 118–31. See Amendment note above.
2021—Subsec. (a). Pub. L. 117–81, §3513(a)(2), redesignated subsec. (c) of section 50302 of this title as subsec. (a) of this section. See Codification note above.
Subsec. (a)(2). Pub. L. 117–81, §3513(b)(1)(A), substituted "or subsection (b)" for "or subsection (d)".
Subsec. (a)(3)(A)(ii)(III), (IV). Pub. L. 117–81, §3513(b)(1)(B), added subcls. (III) and (IV) and struck out former subcl. (III), which read as follows: "environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or".
Subsec. (a)(5)(A). Pub. L. 117–81, §3513(b)(1)(C)(i), substituted "or subsection (b)" for "or subsection (d)".
Subsec. (a)(5)(B). Pub. L. 117–81, §3513(b)(1)(C)(ii), substituted "subsection (b)" for "subsection (d)".
Subsec. (a)(6)(B)(iii). Pub. L. 117–81, §3513(b)(1)(D), added cl. (iii).
Subsec. (a)(7)(B). Pub. L. 117–81, §3513(b)(1)(E)(i), substituted "subsection (b)" for "subsection (d)" in two places and "25 percent" for "18 percent".
Subsec. (a)(7)(C)(ii). Pub. L. 117–81, §3513(b)(1)(E)(ii), substituted "subsection (b)(3)(A)(ii)(III)" for "subsection (d)(3)(A)(ii)(III)".
Subsec. (a)(8)(A). Pub. L. 117–81, §3513(b)(1)(F)(i), substituted "or subsection (b)" for "or subsection (d)".
Subsec. (a)(8)(B). Pub. L. 117–81, §3513(b)(1)(F)(ii), substituted "subsection (b)" for "subsection (d)" in cls. (i) and (ii).
Subsec. (a)(9), (10)(A). Pub. L. 117–81, §3513(b)(1)(G), (H)(i), substituted "subsection (b)" for "subsection (d)" in introductory provisions.
Subsec. (a)(10)(B) to (D). Pub. L. 117–81, §3513(b)(1)(H)(ii), (iii), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
Subsec. (a)(12). Pub. L. 117–81, §3513(b)(1)(I)(i), substituted "subsection (b)" for "subsection (d)" in introductory provisions.
Subsec. (a)(12)(D). Pub. L. 117–81, §3513(b)(1)(I)(ii), added subpar. (D).
Subsec. (b). Pub. L. 117–81, §3513(b)(2)(A), substituted "Inland River" for "Inland" in heading.
Pub. L. 117–81, §3513(a)(2), redesignated subsec. (d) of section 50302 of this title as subsec. (b) of this section. See Codification note above.
Subsec. (b)(1). Pub. L. 117–81, §3513(b)(2)(B), substituted "subsection (a)(7)(B)" for "subsection (c)(7)(B)".
Subsec. (b)(3)(A)(ii)(III). Pub. L. 117–81, §3513(b)(2)(C), substituted "subsection (a)(3)(B)" for "subsection (c)(3)(B)".
Subsec. (b)(5)(A). Pub. L. 117–81, §3513(b)(2)(D), substituted "subsection (a)(8)(B)" for "subsection (c)(8)(B)" in introductory provisions.
Subsec. (c). Pub. L. 117–81, §3513(a)(2), redesignated subsec. (e) of section 50302 of this title as subsec. (c) of this section. See Codification note above.
Subsec. (c)(3). Pub. L. 117–81, §3513(b)(3), substituted "subsection (a) or subsection (b)" for "subsection (c) or subsection (d)" and "subsection (a)(2)" for "subsection (c)(2)".
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