,,ii #aagth ,,congress #b;d ,session ,s4 #chaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj 7legislative day1 ,march #g71 #bjbb,mr4 ,wicker 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #df1 ,united ,states ,code1 to establish a ,united ,states ,marine ,highway ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marine ,highway ,promotion ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,our ,nation's waterways are an integral part of the transporation network of the ,united ,states4 7#b7 ,using the ,nation's coastal1 inland1 and other waterways can support commercial transportation1 and alleviates surface transportation congestion and burdensome road and bridge repair costs4 7#c7 ,marine highways are serviced by documented ,united ,states ,flag vessels and manned by ,united ,states citizens1 providing added resources for national security and to aid in times of crisis4 7#d7 ,according to the ,united ,states ,army ,corps of ,engineers1 inland navigation is a key element of economics development and is essential in maintaining economic competitiveness and national security4 #c4 ,united ,states marine highway program 7a7 ,in general ,section #eefja of title #df1 ,united ,states ,code1 is amended to read as follows3 #eefja4 ,united ,states marine highway program 7a7 ,program 7#a7 ,establishment ,the ,maritime ,administrator shall establish a marine highway program to be known as the ,united ,states marine highway program4 ,under such program1 the ,maritime ,administrator shall-- 7,a7 designate marine highway routes as extensions of the surface transportation system under subsection 7b72 and 7,b7 subject to the availability of appropriations1 make grants and enter into contracts and cooperative agreements under subsection 7c74 7#b7 ,program activities ,in carrying out the marine highway program established under paragraph 7#a71 the ,maritime ,administrator may-- 7,a7 coordinate with ports1 ,state departments of transportation1 localities1 other public agencies1 and the private sector on the development of landside facilities and infrastructure to support marine highway transportation2 7,b7 develop performance measures for such marine highway program2 7,c7 collect and disseminate data for the designation and delineation of marine highway routes under subsection 7b72 and 7,d7 conduct research on solutions to impediments to marine highway services eligible for assistance under subsection 7c77#a74 7b7 ,designation of marine highway routes 7#a7 ,authority ,the ,maritime ,administrator may designate or modify a marine highway route as an extension of the surface transportation system if-- 7,a7 such a designation or modification is requested by the ,governor of a ,state or territory2 and 7,b7 the ,maritime ,administrator determines such marine highway route satisfies at least one covered function under subsection 7d74 7#b7 ,determination ,not later than #ahj days after the date on which the ,maritime ,administrator receives a request for designation or modification of a marine highway route under paragraph 7#a71 the ,maritime ,administrator shall make a determination of whether to make the requested designation or modification4 7#c7 ,notification ,not later than #ad days after the date on which the ,maritime ,administrator makes the determination whether to make the requested designation or modification1 the ,maritime ,administrator shall send the requester a notification of the determination4 7#d7 ,map ,not later than #abj days after the date of enactment of the ,united ,states ,marine ,highway ,promotion ,act1 and thereafter each time a marine highway route is designated or modified1 the ,administrator shall make publicly available a map showing the location of marine highway routes1 including such routes along the coasts1 in the inland waterways1 and at sea4 7c7 ,assistance for marine highway services 7#a7 ,in general ,the ,maritime ,administrator may make grants to1 or enter into contracts or cooperative agreements with an applicant to implement a marine highway service or component of a marine highway service1 if the ,administrator determines the service-- 7,a7 satisfies at least one covered function under subsection 7d72 7,b7 uses vessels documented under chapter #aba2 7,c7 develops1 expands1 or promotes-- 7i7 marine highway transportation services2 7ii7 shipper utilization of marine highway transportation2 or 7iii7 infrastructure for which assistance is not available under section #ecjg7;h7 of title #di2 or 7,d7 implements strategies developed under section #eefjc4 7#b7 ,application ,to be eligible to receive a grant or enter into a contract or cooperative agreement under this subsection to implement a marine highway service1 an applicant shall-- 7,a7 submit an application in such form and manner1 at such time1 and containing such information as the ,maritime ,administrator may require1 including a comprehensive description of-- 7i7 the regions to be served by the marine highway service2 7ii7 the marine highway route that the service will use1 which may include connection to existing or planned transportation infrastructure and intermodal facilities1 key navigational factors such as available draft1 channel width1 bridge air draft1 or lock clearance1 and any foreseeable impacts on navigation or commerce1 and a map of the proposed route2 7iii7 the marine highway service supporters1 which may include business affiliations1 private sector stakeholders1 ,state departments of transportation1 metropolitan planning organizations1 municipalities1 or other governmental entities 7including ,tribal governments71 as applicable2 7iv7 the estimated volume of passengers or cargo using the service1 and predicted changes in such volume during the #e-year period following the date of the application2 7v7 the need for the service2 7vi7 the definition of the success goal for the service1 such as volumes of cargo or passengers moved1 or contribution to environmental mitigation1 safety1 reduced vehicle miles traveled1 or reduced maintenance and repair costs2 7vii7 the methodology for implementing the service1 including a description of the proposed operational framework of the service including the origin1 destination1 and any intermediate stops on the route1 transit times1 vessel types1 and service frequency2 and 7viii7 any existing programs or arrangements that can be used to supplement or leverage assistance under the program2 and 7,b7 demonstrate to the satisfaction of the ,maritime ,administrator that-- 7i7 the marine highway service is financially viable2 7ii7 the funds or other assistance provided under this subsection will be spent or used efficiently and effectively2 and 7iii7 a market exists for the services of the proposed marine highway service1 as evidenced by contracts or written statements of intent from potential customers4 7#c7 ,timing of grant notice ,the ,maritime ,administrator shall post a ,notice of ,funding ,opportunity regarding grants1 contracts1 and cooperative agreements under this subsection not more than #ij days after the date of enactment of the appropriations ,act for the fiscal year concerned4 7#d7 ,grant application feedback ,following the award of grants for a particular fiscal year1 the ,maritime ,administrator may provide feedback to applicants to help applicants improve future applications if the feedback is requested by that applicant4 7#e7 ,timing of grants ,the ,maritime ,administrator shall award grants1 contracts1 and cooperative agreements under this subsection not later than #bgj days after the date of the enactment of the appropriations ,act for the fiscal year concerned4 7#f7 ,non-,federal share 7,a7 ,in general ,an applicant shall provide not less than #bj percent of the costs from non-,federal sources1 except as provided in subparagraph 7,b74 7,b7 ,rural areas ,the ,maritime ,administrator may increase the ,federal share of service costs above #hj percent for a service located in a rural area4 7,c7 ,preference ,in awarding grants1 or entering in contracts or cooperative agreements under this subsection1 the ,maritime ,administrator shall give a preference to marine highway services that present the most financially viable transportation services and require the lowest percentage ,federal share of the costs4 7#g7 ,reuse of unexpended grant funds ,notwithstanding paragraph 7#e71 amounts awarded under this subsection that are not expended by the recipient for #c fiscal years after the award is made shall be returned to the ,maritime ,administrator and remain available to make grants and enter into contracts and cooperative agreements under this subsection4 7#h7 ,administrative costs ,not more than #c percent of the total amount made available to carry out this subsection for any fiscal year may be used for the necessary administrative costs associated with grants1 contracts1 and cooperative agreements made under this subsection4 7#i7 ,procedural safeguards ,the ,maritime ,administrator1 in consultation with the ,office of the ,inspector ,general1 shall issue guidelines to establish appropriate accounting1 reporting1 and review procedures to ensure that-- 7,a7 amounts made available to carry out this subsection are used for the purposes for which they were made available2 7,b7 recipients of funds under this subsection 7including through grants1 contracts1 or cooperative agreements7 have properly accounted for all expenditures of such funds2 and 7,c7 any such funds that are not obligated or expended for the purposes for which they were made available are returned to the ,administrator4 7#aj7 ,conditions on provision of funds ,the ,maritime ,administrator may not award funds an applicant under this subsection unless the ,maritime ,administrator determines that-- 7,a7 sufficient funding is available to meet the non-,federal share requirement of paragraph 7#f72 7,b7 the marine highway service for which such funds are provided will be completed without unreasonable delay2 and 7,c7 the recipient of such funds has authority to implement the proposed marine highway service4 7d7 ,covered functions ,a covered function under this subsection is one of the following3 7#a7 ,promotion of marine highway transportation4 7#b7 ,provision of a coordinated and capable alternative to landside transportation4 7#c7 ,mitigation or relief of landside congestion4 7e7 ,prohibited uses ,funds awarded under this section may not be used to-- 7#a7 raise sunken vessels1 construct buildings or other physical facilities1 or acquire land unless such activities are necessary for the establishment or operation of a marine highway service implemented using grant funds provided1 or pursuant to a contract or cooperative entered into under1 subsection 7c72 or 7#b7 distribute resources outside the ,united ,states4 7f7 ,geographic distribution ,in making grants1 contracts1 and cooperative agreements under this section the ,maritime ,administrator shall take such measures so as to ensure an equitable geographic distribution of funds4 7g7 ,audits and examinations ,all recipients 7including recipients of grants1 contracts1 and cooperative agreements7 under this section shall maintain such records as the ,maritime ,administrator may require and make such records available for review and audit by the ,maritime ,administrator4 4 #d4 ,multistate1 ,state1 and regional transportation planning ,chapter #eef of title #df1 ,united ,states ,code1 is amended by inserting after section #eefjb the following3 #eefjc4 ,multistate1 ,state1 and regional transportation planning 7a7 ,in general ,the ,maritime ,administrator1 in consultation with the heads of other appropriate ,federal departments and agencies1 ,state and local governments1 and appropriate private sector entities1 may develop strategies to encourage the use of marine highway transportation for the transportation of passengers and cargo4 7b7 ,strategies ,if the ,maritime ,administrator develops the strategies described in subsection 7a71 the ,maritime ,administrator may-- 7#a7 assess the extent to which ,states and local governments include marine highway transportation and other marine transportation solutions in transportation planning2 7#b7 encourage ,state departments of transportation to develop strategies1 where appropriate1 to incorporate marine highway transportation1 ferries1 and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning2 and 7#c7 encourage groups of ,states and multistate transportation entities to determine how marine highway transportation can address congestion1 bottlenecks1 and other interstate transportation challenges4 4 #e4 ,research on marine highway transportation ,section #eefjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#d7 through 7#f71 respectively2 and 7#b7 by inserting before paragraph 7#d71 as redesignated by paragraph 7#a71 the following new paragraphs3 7#a7 the economic importance of marine highway transportation to the ,united ,states economy2 7#b7 the importance of marine highway transportation to rural areas2 7#c7 pairs of ,united ,states regions and territories1 and within-region areas1 that do not yet have marine highway services underway1 but that could benefit from the establishment of marine highway services2 4 #f4 ,definitions ,section #eefje of title #df1 ,united ,states ,code1 is amended to read as follows3 #eefje4 ,definitions ,in this chapter-- 7#a7 the term marine highway transportation means the carriage by a documented vessel of cargo-- 7,a7 that is-- 7i7 contained in intermodal cargo containers and loaded by crane on the vessel2 7ii7 loaded on the vessel by means of wheeled technology2 7iii7 shipped in discrete units or packages that are handled individually1 palletized1 or unitized for purposes of transportation2 or 7iv7 freight vehicles carried aboard commuter ferry boats2 and 7,b7 that is-- 7i7 loaded at a port in the ,united ,states and unloaded either at another port in the ,united ,states or at a port in ,canada or ,mexico2 or 7ii7 loaded at a port in ,canada or ,mexico and unloaded at a port in the ,united ,states2 7#b7 the term marine highway service means a planned or contemplated new service1 or expansion of an existing service1 on a marine highway route1 that seeks to provide new modal choices to shippers1 offer more desirable services1 reduce transportation costs1 or provide public benefits2 and 7#c7 the term marine highway route means a route on commercially navigable coastal1 inland1 or intracoastal waters of the ,united ,states1 including connections between the ,united ,states and contiguous territories1 that is designated under section #eefja7;b74 4 #g4 ,clerical amendments ,the analysis for chapter #eef of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #eefja and inserting the following3 #eefja4 ,united ,states marine highway program4 2 7#b7 by inserting after the item relating to section #eefjb the following3 #eefjc4 ,multistate1 ,state1 and regional transportation planning4 2 and 7#c7 by striking the item relating to section #eefje and inserting the following3 #eefje4 ,definitions4 4