46 U.S.C. § 55601
Section 55601 · Short sea transportation program
Current version, with additions and removals from the December 20, 2012 version.
The Secretary of Transportation shall establish a short sea transportation program and designate short sea transportation projects to be conducted under the program to mitigate landside congestion or to promote short sea transportation.
The program shall encourage the use of short sea transportation through the development and expansion of—
documented vessels;
shipper utilization;
port and landside infrastructure; and
marine transportation strategies by State and local governments.
The Secretary shall designate short sea transportation routes as extensions of the surface transportation system to focus public and private efforts to use the waterways to relieve landside congestion along coastal corridors or to promote short sea transportation. The Secretary may collect and disseminate data for the designation and delineation of short sea transportation routes.
The Secretary may designate a project to be a short sea transportation project if the Secretary determines that the project uses documented vessels and—
mitigates landside congestion; or
promotes short sea transportation.
For a short sea transportation project designated under this section, the Secretary may—
promote the development of short sea transportation services;
coordinate, with ports, State departments of transportation, localities, other public agencies, and the private sector and on the development of landside facilities and infrastructure to support short sea transportation services; and
develop performance measures for the short sea transportation program.
The Secretary, in consultation with Federal entities and State and local governments, may develop strategies to encourage the use of short sea transportation for transportation of passengers and cargo. The Secretary may—
assess the extent to which States and local governments include short sea transportation and other marine transportation solutions in their transportation planning;
encourage State departments of transportation to develop strategies, where appropriate, to incorporate short sea transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in their transportation planning; and
encourage groups of States and multi-State transportation entities to determine how short sea transportation can address congestion, bottlenecks, and other interstate transportation challenges.
The Secretary shall establish and implement a short sea transportation grant program to implement projects or components of a project designated under subsection (d).
In order to receive a grant under the program, an applicant shall—
submit an application to the Secretary, in such form and manner, at such time, and containing such information as the Secretary may require; and
demonstrate to the satisfaction of the Secretary that—
the project is financially viable;
the funds received will be spent efficiently and effectively; and
a market exists for the services of the proposed project as evidenced by contracts or written statements of intent from potential customers.
An applicant shall provide at least 20 percent of the project costs from non-Federal sources. In awarding grants under the program, the Secretary shall give a preference to those projects or components that present the most financially viable transportation services and require the lowest percentage Federal share of the costs.
(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).