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48 U.S.C. § 1421rPort of Guam Improvement Enterprise Program

submitted 18 years ago by Pub. L. 110-417 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Transportation Secretary may create a program to plan, design, and build Port of Guam projects. The section authorizes funding, coordination, technical help, a Treasury fund, administrative limits, transfers, and an appropriations authorization.

(a) The Transportation Secretary, through the Maritime Administration Administrator, may establish the Port of Guam Improvement Enterprise Program to plan, design, and build projects improving facilities, relieving congestion, and increasing access. (b) The Administrator may (1) receive federal and nonfederal, including private, funds; (2) coordinate agencies to speed National Environmental Policy Act review; (3) coordinate other reviews and requirements; and (4) give the Port Authority of Guam and its agents needed technical help. (c) A separate Treasury account called the Port of Guam Improvement Enterprise Fund is established. It receives (1) funds from federal and nonfederal sources; (2) transfers under (d); and (3) appropriations under (f). The Administrator may use it for the Program. No more than 3 percent of fiscal-year appropriations may pay administrative expenses. Fund money remains available until spent. (d) Money appropriated or otherwise available for an intermodal or marine facility that is part of the Program must be transferred to and administered by the Administrator. (e) This section does not authorize depositing into the Fund money under section 165 of title 23, money for highway construction, or money otherwise ineligible for port improvements. (f) Congress may appropriate amounts needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary of Transportation, acting through the Administrator of the Maritime Administration (in this section referred to as the “Administrator”), may establish a Port of Guam Improvement Enterprise Program (in this section referred to as the “Program”) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities.

(b) Authorities of the Administrator

In carrying out the Program, the Administrator may—

(1)

receive funds provided for the Program from Federal and non-Federal entities, including private entities;

(2)

provide for coordination among appropriate governmental agencies to expedite the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects carried out under the Program;

(3)

provide for coordination among appropriate governmental agencies in connection with other reviews and requirements applicable to projects carried out under the Program; and

(4)

provide technical assistance to the Port Authority of Guam (and its agents) as needed for projects carried out under the Program.

(c) Port of Guam Improvement Enterprise Fund
(1) Establishment

There is established in the Treasury of the United States a separate account to be known as the “Port of Guam Improvement Enterprise Fund” (in this section referred to as the “Fund”).

(2) Deposits

There shall be deposited into the Fund—

(A)

amounts received by the Administrator from Federal and non-Federal sources under subsection (b)(1);

(B)

amounts transferred to the Administrator under subsection (d); and

(C)

amounts appropriated to carry out this section under subsection (f).

(3) Use of amounts

Amounts in the Fund shall be available to the Administrator to carry out the Program.

(4) Administrative expenses

Not to exceed 3 percent of the amounts appropriated to the Fund for a fiscal year may be used for administrative expenses of the Administrator.

(5) Availability of amounts

Amounts in the Fund shall remain available until expended.

(d) Transfers of amounts

Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Program shall be transferred to and administered by the Administrator.

(e) Limitation

Nothing in this section shall be construed to authorize amounts made available under section 165 of title 23 or any other amounts made available for the construction of highways or amounts otherwise not eligible for making port improvements to be deposited into the Fund.

(f) Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this section.

Source credit: (Pub. L. 110–417, div. C, title XXXV, § 3512, Oct. 14, 2008, 122 Stat. 4770; Pub. L. 111–383, div. A, title X, § 1075(e)(20), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 112–141, div. A, title I, § 1114(b)(2)(C), July 6, 2012, 126 Stat. 468.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-417 · 122 Stat. 4770
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4375
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 468

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-417 on 2008-10-14.

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