,,ii #aacth ,,congress #ast ,session ,s4 #dbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjac ,mr4 ,begich introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to expedite the development of ,arctic deepwater ports and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,arctic ,deep ,water ,ports ,enhancement ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,there is a pressing national need to prepare for increasing human activity and expanding commerce in the ,arctic4 ,such activity will likely include oil and gas development1 fishing1 shipping1 and tourism4 7#b7 ,to respond to this increase in activity1 there is a need for port facilities in the ,arctic that can accommodate deep-draft ships1 support search and rescue activities1 scientific research1 and ,arctic oil and gas development1 and serve as an ,arctic harbor of refuge4 7#c7 ,the residents of the ,arctic region of the ,united ,states are under-served in freight transportation1 and deep-draft ports in the ,arctic will enhance economic opportunities and quality of life for such residents4 7#d7 ,arctic communities rely on subsistence hunting for economic and cultural survival1 and it is critical to protect the ,arctic environment and maintain subsistence resources4 7#e7 ,coordinating and expediting the development of deep-draft ports in the ,arctic is in the national interest4 #c4 ,definitions ,in this ,act3 7#a7 ,arctic deepwater port ,the term ,arctic deepwater port means any port facility located-- 7,a7 in waters north of #fj degrees latitude north and west of #afb degrees longitude west that have a water depth of not less than #cj feet2 or 7,b7 in waters north of #fc degrees latitude north that have a water depth of not less than #cj feet4 7#b7 ,consumer ,price ,index ,the term ,consumer ,price ,index means the ,consumer ,price ,index for all-urban consumers1 ,united ,states city average1 as published by the ,bureau of ,labor ,statistics1 or if such index shall cease to be published1 any successor index or reasonable substitute thereof4 7#c7 ,coordinator ,the term ,coordinator means the ,federal ,coordinator for ,arctic ,deepwater ,port ,projects appointed under section #g7;b77#a74 7#d7 ,developer ,the term developer1 with respect to an ,arctic deepwater port1 means any private entity1 ,state1 municipal1 or borough government1 ,alaska ,native corporation created by section #g of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf71 or the western ,alaska community development quota program created by section #cje7;i77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act that is seeking to develop an arctic deepwater port4 7#e7 ,development ,the term development1 with respect to an ,arctic deepwater port1 means any aspect of the development1 construction1 or operation of such port4 7#f7 ,eligible lender ,the term eligible lender means any non-,federal qualified institutional buyer 7as defined by section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or any successor regulation71 known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc71 including-- 7,a7 a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #digd7;c77 that is a qualified institutional buyer2 and 7,b7 a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #dad7;d77 that is a qualified institutional buyer4 7#g7 ,environmental review ,the term environmental review means an environmental impact statement1 environmental assessment1 or other document required for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#h7 ,federal guarantee instrument ,the term ,federal guarantee instrument means any guarantee or other pledge by the ,secretary to pledge the full faith and credit of the ,united ,states to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity4 7#i7 ,office ,except as otherwise specifically provided1 the term ,office means the ,office of the ,federal ,arctic ,deepwater ,port ,coordinator established under section #g7;a74 7#aj7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of the ,army4 #d4 ,arctic deepwater port development partnerships ,the ,secretary is authorized to enter into partnership agreements with developers-- 7#a7 to plan1 survey1 design1 construct1 maintain1 or operate ,arctic deepwater ports2 7#b7 to provide technical assistance for the activities described in paragraph 7#a72 and 7#c7 to receive funds for such activities from ,federal1 non-,federal1 and private entities1 including developers of an ,arctic deepwater ports that have an agreement with the ,secretary for such an activity under this section4 #e4 ,arctic ,port ,infrastructure ,development ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,arctic ,port ,infrastructure ,development ,fund1 consisting of such amounts as may be appropriated or credited to such ,fund1 as provided in this section4 7b7 ,deposits in the ,fund ,there may be deposited into the ,arctic ,port ,infrastructure ,development ,fund-- 7#a7 amounts from ,federal1 non-,federal1 and private entities received by the ,secretary under section #d7c72 and 7#b7 such amounts as may be appropriated or transferred to the ,fund under this section4 7c7 ,expenditures ,amounts in the ,arctic ,port ,infrastructure ,development ,fund shall be available to the ,secretary-- 7#a7 to administer and carry out ,arctic deepwater port development projects2 7#b7 to make refunds related to ,arctic deepwater port development projects that will not be completed2 and 7#c7 to make loan guarantees as described in subsection 7d74 7d7 ,loan guarantees 7#a7 ,authority 7,a7 ,in general ,the ,secretary may enter into agreements with developers to issue ,federal guarantee instruments with respect to loans and other debt obligations for ,arctic deepwater ports4 7,b7 ,expiration of authority ,the authority of the ,secretary to issue ,federal guarantee instruments under this section for ,arctic deepwater ports shall expire on the date that is #cj years from the date of enactment of this ,act4 7#b7 ,conditions ,the ,secretary may issue a ,federal guarantee instrument under this section for ,arctic deepwater ports only if the loan or other debt obligation guaranteed by the instrument has been issued by an eligible lender4 7#c7 ,limitations on amounts 7,a7 ,limitation on percentage of total capital costs ,the amount of loans and other debt obligations guaranteed under this section for ,arctic deepwater ports shall not exceed #ge percent of the total capital costs of the project1 including interest during construction4 7,b7 ,maximum amount guaranteed ,the principal amount of loans and other debt obligations guaranteed under this section shall not exceed1 in the aggregate1 #c1jjj1jjj1jjj1 which amount shall be indexed for ,united ,states dollar inflation from the date of the enactment of this ,act1 as measured by the ,consumer ,price ,index4 7#d7 ,loan terms and fees 7,a7 ,in general ,the ,secretary may issue ,federal guarantee instruments under this section that take into account repayment profiles and grace periods justified by project cash flows and project-specific considerations4 7,b7 ,maximum loan term ,the term of any loan guaranteed under this section shall not exceed #cj years4 7,c7 ,fees ,an eligible lender may assess and collect from the borrower such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and customary for a project finance transaction in the transportation infrastructure sector4 7#e7 ,regulations ,the ,secretary may issue regulations to carry out this subsection4 7e7 ,transfers1 availability of funds 7#a7 ,authorization of appropriations 7,a7 ,arctic deepwater port development projects ,there are authorized to be appropriated to the ,arctic ,port ,infrastructure ,development ,fund such sums as may be necessary to carry out paragraphs 7#a7 and 7#b7 of subsection 7c74 7,b7 ,loan guarantees ,there are authorized to be appropriated such sums as may be necessary to cover the cost of loan guarantees under this section1 as defined by section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e774 7#b7 ,transfers ,amounts appropriated or otherwise made available for any fiscal year for an ,arctic deepwater port facility may be transferred1 at the option of the recipient of such amounts1 to the ,arctic ,port ,infrastructure ,development ,fund and administered by the ,secretary as a component of an ,arctic deepwater port development project4 7#c7 ,availability of funds ,amounts appropriated pursuant to an authorization of appropriations in this subsection and other amounts in the ,arctic ,port ,infrastructure ,fund shall remain available until expended4 #f4 ,environmental reviews for ,arctic deepwater ports 7a7 ,designation of lead agency 7#a7 ,in general ,the ,secretary-- 7,a7 shall be the lead for purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the development of an ,arctic deepwater port1 regardless of the agency or department of the ,united ,states taking the action that requires compliance with such ,act2 and 7,b7 shall be responsible for preparing any environmental review related to such action4 7#b7 ,consolidation of statements ,in carrying out paragraph 7#a71 with respect to any environmental review for an action related to development of an ,arctic deepwater port1 the ,secretary shall prepare a single document1 which shall consolidate the environmental reviews of each agency or department of the ,united ,states considering any aspect of such action4 7#c7 ,satisfaction of requirements ,an environmental review prepared by the ,secretary under paragraph 7#a7 for an action related to development of an ,arctic deepwater port shall be adopted by each appropriate agency or department of the ,united ,states in satisfaction of the responsibilities of such agency or department under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to such action4 7b7 ,expedited process ,the ,secretary shall-- 7#a7 not later than #a year after the date that the ,secretary determines that an application for an environmental review related to an ,arctic deepwater port is complete1 issue a draft version of the environmental review2 and 7#b7 not later than #ahj days after the date of issuance of such draft version1 issue the final version of the environmental review1 unless the ,secretary for good cause determines that additional time is needed4 7c7 ,cooperation with other agencies 7#a7 ,in general ,each agency or department of the ,united ,states that1 if not for subsection 7a71 would be required to prepare an environmental review for any aspect of the development of an ,arctic deepwater port project shall-- 7,a7 cooperate with the ,secretary2 and 7,b7 comply with deadlines established by subsection 7b7 for the issuance of the environmental review by the ,secretary4 #g4 ,federal ,coordinator for ,arctic ,deepwater ,port ,projects 7a7 ,office of the ,federal ,arctic ,deepwater ,port ,coordinator ,there is established1 as an independent office in the ,office of the ,assistant ,secretary of the ,army for ,civil ,works of the ,department of the ,army1 the ,office of the ,federal ,arctic ,deepwater ,port ,coordinator4 7b7 ,coordinator for ,arctic ,deepwater ,port ,projects 7#a7 ,appointment ,the ,office shall be headed by a ,federal ,coordinator for ,arctic ,deepwater ,port ,projects1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,compensation ,the ,coordinator shall be compensated at the rate prescribed for level ,,iii of the ,executive ,schedule set out in section #ecad of title #e1 ,united ,states ,code4 7#c7 ,duties ,the ,coordinator shall be responsible for-- 7,a7 coordinating the expeditious discharge of all activities of the agencies and departments of the ,united ,states for the preparation of environmental reviews related to the development of an ,arctic deepwater port2 7,b7 ensuring the compliance of such agencies or departments with the provisions of this ,act2 7,c7 assessing potential partnerships described in section #d and advising the ,secretary on such partnerships2 and 7,d7 assessing applications for loan guarantees under section #e7;d7 and advising the ,secretary on such terms as may be advisable to issue such guarantees4 7c7 ,prohibition of certain terms and conditions ,no agency or department of the ,united ,states may include in any certificate1 right-of-way1 permit1 lease1 or other authorization issued for an ,arctic deepwater port any term or condition that may be permitted1 but is not required by1 any applicable law if the ,coordinator determines that such term or condition would prevent or impair in any significant respect the expeditious construction and operation1 or an expansion1 of an ,arctic deepwater port4 7d7 ,prohibition of certain actions ,unless required by law1 no agency or department of the ,united ,states shall add to1 amend1 or abrogate any certificate1 right-of-way1 permit1 lease1 or other authorization issued to an ,arctic deepwater port if the ,coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation1 or an expansion1 of an ,arctic deepwater port4 #h4 ,assistance to developers of ,arctic deepwater ports 7a7 ,infrastructure finance funding ,notwithstanding any limitation of chapter #f of title #bc1 ,united ,states ,code1 a developer of an ,arctic deepwater port shall be eligible for assistance from the funds made available pursuant to such chapter for the development of such port4 7b7 ,role of the ,coast ,guard 7#a7 ,in general ,the ,commandant of the ,coast ,guard is authorized-- 7,a7 to enter into long-term lease for moorage1 warehousing1 hangar space1 and logistical support with a developer of an ,arctic deep water port2 and 7,b7 to convey any property deemed surplus to the ,coast ,guard's needs in ,alaska to any ,alaskan borough1 municipality or native corporation seeking to develop an ,arctic deepwater port4 #i4 ,deepwater ,port ,act of #aigd amendment ,section #c7i77;,a7 of the ,deepwater ,port ,act of #aigd 7#cc ,u4,s4,c4 #aejb7i77;,a77 is amended by striking uses and inserting uses1 including general handling of cargo1 ship service or repair1 logistical support for government and private sector activities at sea1 or service as a harbor of refuge14 #aj4 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj for each fiscal year to carry out this ,act4