Coastal and Inland Ports and Terminals Commerce Improvement Act
This bill directs the U.S. Maritime Administration (MARAD) of the Department of Transportation to provide grants to the owners or operators of certain inland and small coastal port and terminal facilities, and for infrastructure improvements, equipment purchases, and capital investments at such facilities.
Eligible facilities include piers, wharves, docks, terminals, and similar structures used principally for the movement of goods, including areas of land, water, or areas in proximity to such structure that are necessary for the movement of goods, located at a port, to and from which the average annual tonnage of cargo for the immediately preceding three calendar years from the time an application is submitted is less than 8 million short tons as determined using U.S. Army Corps of Engineers data.
In providing assistance, MARAD must
MARAD may not provide funding unless it determines that sufficient funding is available for a recipient to meet federal matching requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7416 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7416
To amend title 46, United States Code, to allow the Administrator of
the Maritime Administration to provide assistance to the owners and
operators of certain ports and terminals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Mr. Bost (for himself, Mr. Lamb, Mr. Gibbs, Mr. Reschenthaler, Mrs.
Hartzler, Mr. Loebsack, and Mrs. Miller) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 46, United States Code, to allow the Administrator of
the Maritime Administration to provide assistance to the owners and
operators of certain ports and terminals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Inland Ports and
Terminals Commerce Improvement Act''.
SEC. 2. 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) by adding at the end the
following:
``(H) In the case of a small project funded under
subsection (d), a private entity or group of
entities.'';
(B) in paragraph (6) by striking subparagraph (C);
(C) in paragraph (7)(B) by striking ``paragraph
(3)(A)'' and inserting ``subsection (d)'';
(D) in paragraph (8)(B)--
(i) in clause (i) by striking ``under this
subsection'' and inserting ``under this
subsection and subsection (d)''; and
(ii) in clause (ii) by inserting ``under
subsection (d) or'' after ``project''; and
(E) in paragraph (11) by--
(i) striking ``under this subsection'' and
inserting ``under this subsection and
subsection (d)'' each place such phrase
appears; and
(ii) striking ``fiscal year.'' and
inserting ``fiscal year, and shall be awarded
as grants under the subsection for which the
original grant was made.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Assistance for Inland and Small Coastal Ports and
Terminals.--
``(1) In general.--Of amounts reserved under subsection
(c)(7)(B), the Secretary, acting through the Administrator of
the Maritime Administration, shall make grants under this
subsection--
``(A) to the owners or operators of a facility at a
port, as such term is defined in subsection (c), 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 Corps of Engineers data; and
``(B) for infrastructure improvements, equipment
purchases, and capital investments at such a facility,
including piers, wharves, docks, terminals, and similar
structures used principally for the movement of goods,
including areas of land, water, or areas in proximity
to such structure that are necessary for the movement
of goods.
``(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 an
eligible facility; and
``(ii) the competitive disadvantage of an
eligible facility;
``(B) not make more than 1 award per applicant for
each fiscal year appropriation; and
``(C) promote the enhancement and efficiencies of
an eligible facility.
``(3) Use of funds.--
``(A) In general.--Assistance provided under this
subsection may be used to--
``(i) make capital improvements;
``(ii) construct, improve, repair, or
maintain transportation or physical
infrastructure, buildings, equipment, or
facility security;
``(iii) perform planning activities related
to carrying out an activity described in clause
(i); and
``(iv) otherwise fulfill 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 lying outside
port or terminal boundaries and not owned or leased by
the applicant;
``(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, authorized, as of the date of the
application for assistance under this subsection, to be
carried out by of the Corps of Engineers.
``(5) Matching requirements.--
``(A) In general.--The Secretary may not provide
assistance under this subsection unless the Secretary
determines that sufficient funding is available to meet
the matching requirements of subsection (c)(8). Any
costs of the project to be paid by the recipient's
matching share may be incurred prior to the date on
which assistance is provided.
``(B) Inclusions.--For the purpose of making the
determination under subparagraph (A), funding may
include a loan agreement, a commitment from investors,
cash on balance sheet, or other contributions
determined acceptable by the Secretary.
``(6) Application and award.--
``(A) Minimum standards for payment or
reimbursement.--Each application submitted shall
include a comprehensive description of--
``(i) the project;
``(ii) the need for the project;
``(iii) the methodology for implementing
the project; and
``(iv) documentation of matching funds as
described in paragraph (5).
``(B) Demonstration of effectiveness.--In
determining whether a project will achieve the purposes
for which such assistance is requested under this
subsection, the Secretary shall accept documentation
used to obtain a commitment of the matching funds
described in paragraph (5), including feasibility
studies, business plans, investor prospectuses, loan
applications, or similar documentation.
``(C) Project approval required.--The Secretary may
not award a grant under this subsection unless the
Secretary determines that the--
``(i) project will be completed without
unreasonable delay; and
``(ii) recipient has authority to carry out
the proposed project.
``(7) Procedural safeguards, audits, and examinations.--
``(A) Procedural safeguards.--The Administrator
shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure
that--
``(i) assistance provided under this
subsection is used for the purposes for which
such assistance is made available; and
``(ii) grantees have properly accounted for
all expenditures of grant funds.
``(B) Audits and examinations.--All grantees under
this subsection shall maintain such records as the
Administrator may require and make such records
available for review and audit by the Administrator.
``(8) Limitation.--Not more than 10 percent of the funds
made available under subsection (c)(7)(B) may be used for the
planning and design of eligible projects described in paragraph
(3)(A)(iii).
``(9) Definitions.--In this subsection:
``(A) Eligible facility.--The term `eligible
facility' means a facility or collection of facilities
that includes piers, wharves, docks, terminals, and
similar structures used principally for the movement of
goods, including areas of land, water, or areas in
proximity to such structure that are necessary for the
movement of goods, located at a port, as that term is
defined in subsection (c), 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 Corps of Engineers data.
``(B) Project.--The term `project' has the meaning
given such term in subsection (c).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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