46 U.S.C. § 54301 — Port infrastructure development pro-

Page 469 TITLE 46—SHIPPING § 54301 Subsec. (i). Pub. L. 115–91, § 3501(b), substituted ‘‘2018, 2019, and 2020 to carry out this section $35,000,000’’ for ‘‘2015 through 2017 to carry out this section— ‘‘(1) $5,000,000 for training grants; and ‘‘(2) $25,000,000 for capital and related improve- ments’’. 2014—Subsec. (i). Pub. L. 113–281 substituted ‘‘2015 through 2017’’ for ‘‘2009 through 2013’’ in introductory provisions. [§ 54102. Renumbered § 51706] CHAPTER 543—PORT INFRASTRUCTURE DEVELOPMENT PROGRAM Sec. 54301. Port infrastructure development program. § 54301. Port infrastructure development pro- gram (a) PORT AND INTERMODAL IMPROVEMENT PRO- GRAM.— (1) GENERAL AUTHORITY.—Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to as- sist in funding eligible projects for the purpose of improving the safety, efficiency, or reli- ability of the movement of goods through ports and intermodal connections to ports. (2) ELIGIBLE APPLICANT.—The Secretary may make a grant under this subsection or sub- section (b) to the following: (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 trans- portation function. (E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304), with- out regard to capitalization), or a consor- tium of Indian Tribes. (F) A multistate or multijurisdictional group of entities described in this paragraph. (G) A lead entity described in subpara- graph (A), (B), (C), (D), (E), or (F) jointly with a private entity or group of private en- tities, including the owners or operators of a facility, or collection of facilities at a port. (3) ELIGIBLE PROJECTS.—The Secretary may make a grant under this subsection— (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, ef- ficiency, 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, inter- modal facilities, freight intelligent transportation systems, and digital in- frastructure systems; (III) operational improvements, includ- ing projects to improve port resilience; (IV) environmental and emission miti- gation measures; including projects for— (aa) port electrification or elec- trification master planning; (bb) harbor craft or equipment re- placements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infra- structure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support elec- trification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydro- gen 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, in- cluding charging infrastructure, elec- tric rubber-tired gantry cranes, and anti-idling technologies; or (V) port and port-related infrastruc- ture that supports seafood and seafood- related businesses, including the loading and unloading of commercially har- vested fish and fish products, seafood processing, cold storage, and other re- lated infrastructure. (B) notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph (A) for develop- ment phase activities, including planning, feasibility analysis, revenue forecasting, en- vironmental review, permitting, and pre- liminary engineering and design work. (4) PROHIBITED USES.—A grant award under this subsection may not be used— (A) to finance or refinance the construc- tion, reconstruction, reconditioning, or pur- chase of a vessel that is eligible for such as- sistance under chapter 537, unless the Sec- retary 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) APPLICATIONS AND PROCESS.— (A) APPLICATIONS.— (i) IN GENERAL.—To be eligible for a grant under this subsection or subsection (b), an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such informa- tion as the Secretary considers appro- priate. (ii) ENSURING CYBERSECURITY.—If a cov- ered applicant for a grant under this sub- section is applying to use the grant to ac- quire digital infrastructure or a software component, such applicant shall— Page 470 TITLE 46—SHIPPING § 54301 (I) certify the facility for which a cov- ered applicant is applying for a grant has an approved facility security plan pursu- ant to section 70103(c) of this title that addresses the cybersecurity risks of such digital infrastructure or software compo- nent; or (II) if the approved facility security plan of a facility for which a covered ap- plicant 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 infra- structure or software component. (iii) UPDATE OF FACILITY SECURITY PLAN.—If the approved facility security plan required under section 70103(c) of this title of a facility for which a covered appli- cant is applying for a grant under this sub- section does not address the cybersecurity risks of digital infrastructure or a soft- ware component to be acquired by such grant and such applicant provides a brief description to address such cybersecurity risks under clause (ii)(II), the covered ap- plicant shall ensure that such security plan is updated to address the cybersecurity risks described in clause (ii)(II) in the next update required under paragraph (3)(G) of such section. (iv) COVERED APPLICANT DEFINED.—In this paragraph, the term ‘‘covered appli- cant’’ means an applicant under this sub- section that is not otherwise eligible under subsection (b). (B) SOLICITATION PROCESS.—Not later than 90 days after the date that amounts are made available for grants under this sub- section or subsection (b) for a fiscal year, the Secretary shall solicit grant applica- tions for eligible projects in accordance with this subsection. (C) DELAYED NOTICE OF FUNDING OPPOR- TUNITY.—If the Secretary amends a pub- lished solicitation for grant applications such that an applicant would need the infor- mation contained in the amendment to draft an application, other than an amendment of the amount of grant funding available, the Secretary shall extend the application dead- line by the number of days between the ini- tial solicitation and the amendment. (6) PROJECT SELECTION CRITERIA.— (A) IN GENERAL.—The Secretary may select a project described in paragraph (3) for fund- ing under this subsection if the Secretary determines that— (i) the project improves the safety, effi- ciency, or reliability of the movement of goods through a port or intermodal con- nection 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 re- quirements under paragraph (8); (v) the project will be completed without unreasonable delay; and (vi) the project cannot be easily and effi- ciently completed without Federal funding or financial assistance available to the project sponsor. (B) ADDITIONAL CONSIDERATIONS.—In select- ing projects described in paragraph (3) for funding under this subsection, the Secretary shall give substantial weight to— (i) the utilization of non-Federal con- tributions; (ii) the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as ap- plicable (except in the case of a project de- scribed under subparagraph (D)); and (iii) a port’s increased resilience as a re- sult of the project. (C) IN GENERAL.—In selecting projects de- scribed in paragraph (3), the Maritime Ad- ministrator, in consultation with the Sec- retary of Defense, may give priority to pro- viding funding to strategic seaports in sup- port of national security requirements. (D) NONCONTIGUOUS STATES AND TERRI- TORIES.—The requirements under subpara- graphs (A)(ii) and (B)(ii) shall not apply in the case of a project described in paragraph (3) in a noncontiguous State or territory. (7) ALLOCATION OF FUNDS.— (A) GEOGRAPHIC DISTRIBUTION.—Not more than 25 percent of the amounts made avail- able for grants under this subsection for a fiscal year may be used to make grants for projects in any 1 State. (B) SMALL PROJECTS.—The Secretary shall reserve 25 percent of the amounts made available for grants under this subsection each fiscal year to make grants for eligible projects described in subsection (b). The re- quirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (b). (C) DEVELOPMENT PHASE ACTIVITIES.—Of the amounts made available for grants under this section for a fiscal year— (i) not more than 10 percent may be used to make grants for development phase ac- tivities 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) FEDERAL SHARE OF TOTAL PROJECT COSTS.— (A) TOTAL PROJECT COSTS.—To be eligible for a grant under this subsection or sub- section (b), an eligible applicant shall sub- mit to the Secretary an estimate of the total costs of the project for which the grant is requested based on the best available in- formation, including any available engineer- ing studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. (B) FEDERAL SHARE.— (i) IN GENERAL.—Except as provided in clause (ii), the Federal share of the total Page 471 TITLE 46—SHIPPING § 54301 costs of a project under this subsection or subsection (b) shall not exceed 80 percent. (ii) RURAL AREAS.—The Secretary may increase the Federal share of costs above 80 percent for a project for which a grant is awarded under subsection (b) or that is located in a rural area. (9) PROCEDURAL SAFEGUARDS.—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures for grants made under this subsection and sub- section (b) to ensure that— (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 effi- ciently by the Secretary, minimizing delays for minor adjustments to project scopes and budgets, including due to inflationary ef- fects on projects. (10) GRANT CONDITIONS.— (A) IN GENERAL.—The Secretary shall re- quire as a condition of making a grant under this subsection or subsection (b) that a grantee— (i) maintain such records as the Sec- retary 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 con- siders necessary to assess progress. (B) EFFICIENT USE OF NON-FEDERAL FUNDS.— (i) IN GENERAL.—Notwithstanding any other provision of law and subject to ap- proval by the Secretary, in the case of any grant for a project under this section, dur- ing 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 re- spect 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-Fed- eral 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 sub- mit to the Secretary a request to obli- gate 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), in- cluding 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 sub- mitted under subclause (I). (III) COMPLIANCE WITH APPLICABLE RE- QUIREMENTS.—Any obligation or expendi- ture of non-Federal funds under clause (i) shall be in compliance with all appli- cable requirements, including any re- quirements included in the grant agree- ment. (iii) EFFECT.—The obligation or expendi- ture of any non-Federal funds in accord- ance with this subparagraph shall not— (I) affect the signing of a grant agree- ment or other applicable grant proce- dures 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 agree- ment 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 de- scribed in clause (i). (C) CONSTRUCTION, REPAIR, OR ALTERATION OF VESSELS.—With regard to the construc- tion, repair, or alteration of vessels, the same requirements of section 117(k) of title 23, United States Code, shall apply regard- less of whether the location of contract per- formance is known when bids for such work are solicited. (11) ADMINISTRATION.— (A) ADMINISTRATIVE AND OVERSIGHT COSTS.—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year to make grants for port development under this section for the ad- ministrative and oversight costs incurred by the Secretary to make grants for port devel- opment under this section. (B) AVAILABILITY.— (i) IN GENERAL.—Amounts appropriated to make grants for port development under this section shall remain available until expended. (ii) UNEXPENDED FUNDS.—Amounts awarded as a grant for port development under this section that are not expended by the grantee during the 5-year period following the date of the award or that are returned under paragraph (9)(C) shall re- main available to the Secretary for use for grants under this subsection in a subse- quent fiscal year. Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made. (12) DEFINITIONS.—In this subsection and subsection (b): (A) PORT.—The term ‘‘port’’ includes— (i) any port on the navigable waters of the United States; and (ii) any harbor, marine terminal, or other shore side facility used principally Page 472 TITLE 46—SHIPPING § 54301 for the movement of goods on inland wa- ters (including the Great Lakes). (B) PROJECT.—The term ‘‘project’’ includes construction, reconstruction, environmental rehabilitation, acquisition of property, in- cluding land related to the project and im- provements to the land, equipment acquisi- tion, and operational improvements. (C) RURAL AREA.—The term ‘‘rural area’’ means an area that is outside an urbanized area. (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 dis- ruptions caused by natural or manmade haz- ards, such as sea level rise, flooding, earth- quakes, hurricanes, tsunami inundation or other extreme weather events. (E) STRATEGIC SEAPORT DEFINED.—In this subsection the term ‘‘strategic seaport’’ means a military port or commercial port that is subject to a port planning order or Basic Ordering Agreement (or both) that is projected to be used for the deployment of forces and shipment of ammunition or sustainment supplies in support of military operations. (b) ASSISTANCE FOR SMALL INLAND RIVER AND COASTAL PORTS AND TERMINALS.— (1) IN GENERAL.—From amounts reserved under subsection (a)(7)(B), the Secretary, act- ing through the Administrator of the Mari- time Administration, shall make grants under this subsection to eligible applicants for eligi- ble projects at a port, to and from which the average annual tonnage of cargo for the imme- diately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using United States Army Corps of Engineers data or data provided by an independent audit. (2) INDEPENDENT AUDIT.— (A) IN GENERAL.—If an eligible applicant provides data by an independent audit for purposes of paragraph (1), the Secretary shall use such data to make a tonnage deter- mination if the Secretary determines that it is acceptable to use such data instead of using Corps of Engineers data. (B) ACCEPTABLE USE OF DATA.—For pur- poses of subparagraph (A), an acceptable use of data means that the Secretary has deter- mined such data is a reasonable substitute for Army Corps data. (C) JUSTIFICATION.—If the Secretary makes a determination pursuant to subparagraph (A) that it is not acceptable to use inde- pendent audit data provided by an eligible applicant, the Secretary shall provide the el- igible applicant with notification of, and jus- tification for, such determination. (3) TONNAGE DETERMINATION.—In making a determination of the average annual tonnage of cargo using Corps of Engineers data for pur- poses of evaluating an application of an eligi- ble applicant pursuant to paragraph (1), the Secretary shall use data that is specific to the eligible applicant. (4) AWARDS.—In providing assistance under this subsection, the Secretary shall— (A) take into account— (i) the economic advantage and the con- tribution to freight transportation at a port; and (ii) the competitive disadvantage of such a port; (B) not make more than 1 award per appli- cant under this subsection for each fiscal year appropriation; and (C) take into consideration the degree to which a project would promote the enhance- ment and efficiencies of a port. (5) USE OF FUNDS.— (A) IN GENERAL.—Assistance provided under this subsection may be used for a project that— (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, in- cluding to piers, wharves, docks, termi- nals, and similar structures used prin- cipally for the movement of goods; (II) acquiring, improving, repairing, or maintaining transportation or physical infrastructure, buildings, or equipment; (III) performing development phase ac- tivities described in subsection (a)(3)(B) related to carrying out an activity de- scribed in this clause; and (IV) otherwise fulfilling 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. (6) PROHIBITED USES.—Funds provided under this subsection may not be used for— (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 appropria- tion; or (C) activities, including channel improve- ments or harbor deepening that is part of a Federal channel or an access channel associ- ated 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) MATCHING REQUIREMENTS.— (A) IN GENERAL.—Any costs of the project to be paid by the recipient’s matching share pursuant to subsection (a)(8)(B) may— (i) be incurred prior to the date on which assistance is provided; and Page 473 TITLE 46—SHIPPING § 54301 (ii) include a loan agreement, a commit- ment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary. (B) DETERMINATION OF EFFECTIVENESS.—In determining whether a project meets the cri- teria under clauses (i), (iii), (iv), (v), and (vi) of subsection (a)(6)(A), the Secretary shall accept documentation used to obtain a com- mitment of the matching funds covered by this paragraph, including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation. (c) ADDITIONAL AUTHORITY OF THE SEC- RETARY.—In carrying out this section, the Sec- retary may— (1) coordinate with other Federal agencies to expedite the process established under the Na- tional 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 secu- rity, or to provide greater access to port facili- ties; (2) seek to coordinate all reviews or require- ments 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). (Added and amended Pub. L. 117–81, div. C, title XXXV, § 3513(a), (b), Dec. 27, 2021, 135 Stat. 2240; Pub. L. 118–31, div. C, title XXXV, §§ 3511, 3512, 3513(b), 3514(a), Dec. 22, 2023, 137 Stat. 808–810; Pub. L. 118–159, div. C, title XXXV, §§ 3511(a)(3), (d)–(f), 3535(a), Dec. 23, 2024, 138 Stat. 2306, 2307, 2314.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred 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 Wel- fare. 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 sub- secs. (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), des- ignated 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 sub- par. (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 sub- par. (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), sub- stituted ‘‘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), in- serted ‘‘(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), in- serted ‘‘(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 infra- structure 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 estab- lished 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 pri- ority 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), sub- stituted ‘‘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), trans- ferred 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), redes- ignated pars. (2) to (5) as (4) to (7), respectively. Subsec. (b)(7)(B). Pub. L. 118–31, § 3514(a)(2), which di- rected substitution of ‘‘subsection (a)(6)(A)’’ for ‘‘sub- section (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), redesig- nated 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), sub- stituted ‘‘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 Page 474 TITLE 46—SHIPPING § 55101 out former subcl. (III), which read as follows: ‘‘environ- mental mitigation measures and operational improve- ments 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), sub- stituted ‘‘or subsection (b)’’ for ‘‘or subsection (d)’’. Subsec. (a)(5)(B). Pub. L. 117–81, § 3513(b)(1)(C)(ii), sub- stituted ‘‘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), sub- stituted ‘‘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 ‘‘sub- section (d)(3)(A)(ii)(III)’’. Subsec. (a)(8)(A). Pub. L. 117–81, § 3513(b)(1)(F)(i), sub- stituted ‘‘or subsection (b)’’ for ‘‘or subsection (d)’’. Subsec. (a)(8)(B). Pub. L. 117–81, § 3513(b)(1)(F)(ii), sub- stituted ‘‘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 redesig- nated former subpars. (B) and (C) as (C) and (D), respec- tively. Subsec. (a)(12). Pub. L. 117–81, § 3513(b)(1)(I)(i), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’ in intro- ductory 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), sub- stituted ‘‘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), sub- stituted ‘‘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)’’. PART D—PROMOTIONAL PROGRAMS CHAPTER 551—COASTWISE TRADE Sec. 55101. Application of coastwise laws. 55102. Transportation of merchandise. 55103. Transportation of passengers. 55104. Transportation of passengers between Puerto Rico and other ports in the United States. 55105. Transportation of hazardous waste. 55106. Merchandise transferred between barges. 55107. Empty cargo containers and barges. 55108. Platform jackets. 55109. Dredging. 55110. Transportation of valueless material or dredged material. 55111. Towing. 55112. Vessel escort operations and towing assist- ance. 55113. Use of foreign documented oil spill response vessels. 55114. Unloading fish from foreign vessels. 55115. Supplies on fish processing vessels. 55116. Canadian rail lines. Sec. 55117. Great Lakes rail route. 55118. Foreign railroads whose road enters by ferry, tugboat, or towboat. 55119. Yukon River. 55120. Transshipment of imported merchandise in- tended for immediate exportation. 55121. Transportation of merchandise and pas- sengers on Canadian vessels. 55122. Floating dry docks. 55123. Priority loading for coal. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title X, § 1024(b)(1)(B)(ii), Jan. 1, 2021, 134 Stat. 3842, added item 55123. 2014—Pub. L. 113–291, div. C, title XXXV, § 3502(b), Dec. 19, 2014, 128 Stat. 3904, added item 55122. 2008—Pub. L. 110–181, div. C, title XXXV, § 3527(b)(2), Jan. 28, 2008, 122 Stat. 602, inserted ‘‘valueless material or’’ before ‘‘dredged material’’ in item 55110. § 55101. Application of coastwise laws (a) IN GENERAL.—Except as provided in sub- section (b), the coastwise laws apply to the United States, including the island territories and possessions of the United States. (b) EXCEPTIONS.—The coastwise laws do not apply to— (1) American Samoa; (2) the Northern Mariana Islands, except as provided in section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note); or (3) the Virgin Islands until the President de- clares by proclamation that the coastwise laws apply to the Virgin Islands. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–181, div. C, title XXXV, § 3527(a), Jan. 28, 2008, 122 Stat. 602.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55101(a) ...... 46 App.:877 (words before last pro- viso). June 5, 1920, ch. 250, § 21, 41 Stat. 997; Apr. 16, 1936, ch. 228, 49 Stat. 1207; Pub. L. 97–31, § 12(47), Aug. 6, 1981, 95 Stat. 157. 55101(b)(1) .. 48:1664. June 14, 1934, ch. 523, 48 Stat. 963. 55101(b)(2) .. 48:1801 note (Cov- enant § 503(b)). Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263; Pub. L. 98–213, § 9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–196. 55101(b)(3) .. 46 App.:877 note. Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19. 55101(b)(4) .. 46 App.:877 (last proviso). In subsection (a), the words ‘‘apply to the United States, including’’ are substituted for ‘‘extend to’’ for clarity. The words ‘‘From and after February 1, 1922’’ and ‘‘not covered thereby on June 5, 1920’’ are omitted as obsolete. The requirement to establish adequate steamship service to the island Territories and posses- sions is omitted as obsolete. Subsection (b)(2) is based on section 503(b) of the Cov- enant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note). Subsection (b)(3) is based on Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19, which provided that the President,