ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

46 U.S.C. § 55601 — United States marine highway program

submitted 19 years ago by Pub. L. 110-140 to r/title-46-SHIPPING · 1,309 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the United States marine highway program, run by the Department of Transportation to move freight and passengers by water instead of by road. The Secretary can designate marine highway routes, publish a map of them, and give grants or contracts to help build and grow these water routes.

(a) Establishment. (1) The Department of Transportation runs a program called the "United States marine highway program." (2) While running it, the Secretary of Transportation may work with ports, state transportation departments, local governments, other public agencies, and private companies to build the roads, docks, and other facilities that support water transportation, and may create ways to measure the program's success.

(b) Marine Highway Transportation Routes. (1) The Secretary may designate a water route as a "marine highway transportation route," or change an existing designation, if the route gives a real, workable alternative to land transportation, eases road congestion, promotes marine highway transportation, or uses vessels documented under chapter 121 — and if a state, territory, metropolitan planning organization, port authority, non-federal navigation district, or Tribal government asks for the designation or change. (2) The Maritime Administrator must decide whether to grant the request within 180 days of receiving it. (3) The Administrator must tell the requester the decision within 14 days after making it.

(c) Map of Marine Highway Program Routes. (1) The Maritime Administrator must make a public map showing all marine highway routes — coastal, inland, and at sea — and update it whenever a route is designated or changed. (2) The Administrator must work with NOAA to add this map to the Marine Cadastre.

(d) Assistance. (1) The Secretary may give grants, or sign contracts or cooperative agreements, to help eligible groups build a marine highway project, if the project meets the route criteria above and grows or promotes marine highway transportation or its use by shippers. (2) To apply, an eligible entity must submit an application including: a full description of the route, its supporters, why it's needed, and how success will be measured (like cargo volume or safety gains); proof that the project is financially workable and that the money will be spent well; and any other information the Secretary requires. The Secretary may first require a shorter "pre-proposal," and must give feedback on it within 30 days — though an applicant can still submit a full application even without encouragement. The Secretary cannot require separate applications for the route designation and for the funding itself. After awarding money, the Secretary may also give feedback to help future applications, if asked. (3) The Secretary must post a public notice about available grants within 60 days after that year's funding law is enacted, and must award the grants within 270 days after that. (4) Normally, no more than 80 percent of a project's funding may come from federal sources — except the Secretary may raise that share above 80 percent for a Tribal government applicant or for a project in a rural area. (5) When awarding money, the Secretary must give preference to projects that are the most financially solid and that ask for the smallest federal share. (6) Money that isn't spent within five years, or that gets returned, stays available for the Secretary to award to other projects. (7) The Secretary cannot give assistance unless satisfied that the applicant has enough non-federal matching money, that the project will finish without unreasonable delay, and that the applicant has legal authority to carry it out. (8) The money cannot be used to improve infrastructure outside the United States, or — unless truly necessary for the project — to raise sunken vessels, build buildings, or buy land. (9) The Secretary must try to spread the grants fairly across different parts of the country geographically. (10) "Eligible entity" means a state, a part of a state, or a local government; a U.S. metropolitan planning organization; a U.S. port authority; a Tribal government; or a U.S. private operator or facility owner (including an Alaska Native Corporation) that has an endorsement letter from whoever requested the route.

the actual law source: uscode.house.gov ↗public domain
(a)Establishment.—
(1)In general.—

There is in the Department of Transportation a program, to be known as the “United States marine highway program”.

(2)Additional program activities.—

In carrying out the program established under this subsection, the Secretary of Transportation may—

(A)

coordinate with ports, State departments of transportation, localities, other public agencies, and appropriate private sector entities on the development of landside facilities and infrastructure to support marine highway transportation; and

(B)

develop performance measures for the program.

(b)Marine Highway Transportation Routes.—
(1)Designation.—

The Secretary may designate a route as a marine highway transportation route, or modify such a designation, if—

(A)

such route—

(i)

provides a coordinated and capable alternative to landside transportation;

(ii)

mitigates or relieves landside congestion;

(iii)

promotes marine highway transportation; or

(iv)

uses vessels documented under chapter 121; and

(B)

such designation or modification is requested by—

(i)

the government of a State or territory;

(ii)

a metropolitan planning organization;

(iii)

a port authority;

(iv)

a non-Federal navigation district; or

(v)

a Tribal government.

(2)Determination.—

Not later than 180 days after the date on which the Maritime Administrator receives a request for the designation or modification of a marine highway route under paragraph (1), the Maritime Administrator shall make a determination of whether to make the requested designation or modification.

(3)Notification.—

Not later than 14 days after the date on which the Maritime Administrator makes a determination under paragraph (2), the Maritime Administrator shall notify the requester of the determination.

(c)Map of Marine Highway Program Routes.—
(1)In general.—

The Maritime Administrator shall make publicly available a map showing the location of marine highway routes, including such routes along the coasts, in the inland waterways, and at sea and update that map when a marine highway route is designated or modified pursuant to subsection (b).

(2)Coordination.—

The Maritime Administrator shall coordinate with the Administrator of the National Oceanic and Atmospheric Administration to incorporate the map referred to in paragraph (1) into the Marine Cadastre.

(d)Assistance.—
(1)In general.—

The Secretary may make grants to, or enter into contracts or cooperative agreements with, eligible entities to implement a marine highway transportation project or a component of such a project if the Secretary determines that the project or component—

(A)

meets the criteria referred to in subsection (b)(1)(A); and

(B)

develops, expands, or promotes—

(i)

marine highway transportation; or

(ii)

shipper use of marine highway transportation.

(2)Application.—
(A)In general.—

To be eligible to receive a grant or to enter into a contract or cooperative agreement under this subsection, an eligible entity shall submit to the Secretary an application in such form and manner, and at such time, as the Secretary may require. Such an application shall include the following:

(i)

A comprehensive description of—

(I)

the marine highway route to be served by the marine highway transportation project;

(II)

the supporters of the marine highway transportation project, which may include business affiliations, private sector stakeholders, State departments of transportation, metropolitan planning organizations, municipalities, or other governmental entities (including Tribal governments), as applicable;

(III)

the need for such project; and

(IV)

the performance measure for the marine highway transportation project, such as volumes of cargo or passengers moved, or contribution to environmental mitigation, safety, reduced vehicle miles traveled, or reduced maintenance and repair costs.

(ii)

A demonstration, to the satisfaction of the Secretary, that—

(I)

the marine highway transportation project is financially viable; and

(II)

the funds or other assistance provided under this subsection will be spent or used efficiently and effectively.

(iii)

Such other information as the Secretary may require.

(B)Pre-proposal.—
(i)In general.—

Prior to accepting a full application under subparagraph (A), the Secretary may require that an eligible entity first submit a pre-proposal that contains a brief description of the item referred to in clauses (i) through (iii) of such subparagraph.

(ii)Feedback.—

Not later than 30 days after receiving a pre-proposal under clause (i) from an eligible entity, the Secretary shall provide to the eligible entity feedback to encourage or discourage the eligible entity from submitting a full application. An eligible entity may still submit a full application even if that eligible entity is not encouraged to do so after submitting a pre-proposal.

(C)Prohibition.—

The Secretary may not require separate applications for project designation and for assistance under this section.

(D)Grant application feedback.—

Following the award of assistance under this subsection for a particular fiscal year, the Secretary may provide feedback to an applicant to help such applicant improve future applications if the feedback is requested by that applicant.

(3)Timing.—
(A)Notice of funding opportunity.—

The Secretary shall post a notice of funding opportunity regarding grants, contracts, or cooperative agreements under this subsection not more than 60 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

(B)Awarding of assistance.—

The Secretary shall award grants, contracts, or cooperative agreements under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

(4)Non-federal share.—
(A)In general.—

Except as provided in subparagraph (B), not more than 80 percent of the funding for any project for which funding is provided under this subsection may come from Federal sources.

(B)Tribal governments and rural areas.—

The Secretary may increase the Federal share of funding for the project to an amount above 80 percent in the case of an award of assistance under this subsection—

(i)

to an eligible entity that is a Tribal government; or

(ii)

for a project located in a rural area.

(5)Preference for financially viable projects.—

In awarding grants or entering into contracts or cooperative agreements under this subsection, the Secretary shall give a preference to a project or component of a project that presents the most financially viable transportation service and require the lowest percentage of Federal share of the funding.

(6)Treatment of unexpended funds.—

Notwithstanding paragraph (3)(B), amounts awarded under this subsection that are not expended by the recipient within five years after obligation of funds or that are returned shall remain available to the Secretary to make grants and enter into contracts and cooperative agreements under this subsection.

(7)Conditions on provision of assistance.—

The Secretary may not provide assistance to an eligible entity under this subsection unless the Secretary determines that—

(A)

sufficient funding is available to meet the non-Federal share requirement under paragraph (4);

(B)

the marine highway project for which such assistance is provided will be completed without unreasonable delay; and

(C)

the eligible entity has the authority to implement the proposed marine highway project.

(8)Prohibited uses.—

Assistance provided under this subsection may not be used—

(A)

to improve port or land-based infrastructure outside the United States; or

(B)

unless the Secretary determines that such activities are necessary to carry out the marine highway project for which such assistance is provided, to raise sunken vessels, construct buildings or other physical facilities, or acquire land.

(9)Geographic distribution.—

In making grants, contracts, and cooperative agreements under this section the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds.

(10)Eligible entity.—

In this subsection, the term “eligible entity” means—

(A)

a State, a political subdivision of a State, or a local government;

(B)

a United States metropolitan planning organization;

(C)

a United States port authority;

(D)

a Tribal government; or

(E)

a United States private sector operator of marine highway projects or private sector owners of facilities, including an Alaska Native Corporation, with an endorsement letter from the requester of a marine highway route designation or modification referred to in subsection (b)(1)(B).

Source credit: (Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1760; amended Pub. L. 111–84, div. C, title XXXV, § 3515, Oct. 28, 2009, 123 Stat. 2724; Pub. L. 112–213, title IV, § 405(a), Dec. 20, 2012, 126 Stat. 1571; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(3), Jan. 1, 2021, 134 Stat. 4704; Pub. L. 117–263, div. C, title XXXV, § 3521(a)(1), Dec. 23, 2022, 136 Stat. 3074.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1760
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2724
  • 2012Amended · Pub. L. 112-213 · 126 Stat. 1571
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4704
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3074

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case