(a)
(1)
(2)
(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)
(1)
(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)
(3)
(c)
(1)
(2)
(d)
(1)
(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)
(A)
(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)
(i)
(ii)
(C)
(D)
(3)
(A)
(B)
(4)
(A)
(B)
(i) to an eligible entity that is a Tribal government; or
(ii) for a project located in a rural area.
(5)
(6)
(7)
(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)
(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)
(10)
(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).
(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1760; amended Pub. L. 111–84, div. C, title XXXV, §3515, Oct. 28, 2009, 123 Stat. 2724; Pub. L. 112–213, title IV, §405(a), Dec. 20, 2012, 126 Stat. 1571; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(3), Jan. 1, 2021, 134 Stat. 4704; Pub. L. 117–263, div. C, title XXXV, §3521(a)(1), Dec. 23, 2022, 136 Stat. 3074.)
2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to Marine highways transportation program.
2021—Pub. L. 116–283, §8332(d)(3)(B), substituted "marine highway" for "short sea" wherever appearing.
Pub. L. 116–283, §8332(d)(3)(A), substituted "Marine highways" for "Short sea" in section catchline.
Subsec. (a). Pub. L. 116–283, §8332(d)(3)(C)(ii), which directed amendment of subsec. (a) by substituting "provide a coordinated and capable alternative to landside transportation or to promote marine highway transportation" for "mitigate landside congestion or to promote short sea transportation", was executed by making the substitution for "mitigate landside congestion or to promote marine highway transportation" to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–283, §8332(d)(3)(B).
Pub. L. 116–283, §8332(d)(3)(C)(i), substituted "transportation program to be known as the 'America's Marine highway program' " for "transportation program".
Subsec. (b)(1). Pub. L. 116–283, §8332(d)(3)(D)(ii), added par. (1) and struck out former par. (1) which read as follows: "documented vessels;".
Subsec. (c). Pub. L. 116–283, §8332(d)(3)(D)(i), which directed amendment of subsec. (b) by substituting "Marine Highway Transportation" for "Short Sea Transportation" in heading, was executed by making the amendment to subsec. (c) to reflect the probable intent of Congress.
2012—Subsec. (a). Pub. L. 112–213, §405(a)(1), substituted "landside congestion or to promote short sea transportation." for "landside congestion."
Subsec. (c). Pub. L. 112–213, §405(a)(2), substituted "coastal corridors or to promote short sea transportation" for "coastal corridors".
Subsec. (d). Pub. L. 112–213, §405(a)(3), substituted "that the project uses documented vessels and—" for "that the project may—" in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:
"(1) offer a waterborne alternative to available landside transportation services using documented vessels; and
"(2) provide transportation services for passengers or freight (or both) that may reduce congestion on landside infrastructure using documented vessels."
Subsec. (f). Pub. L. 112–213, §405(a)(4), substituted "may" for "shall" in two places in introductory provisions.
2009—Subsec. (g). Pub. L. 111–84 added subsec. (g).
Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
Pub. L. 110–140, title XI, §1121(c), Dec. 19, 2007, 121 Stat. 1762, provided that:
"(1)
"(2)
Pub. L. 117–263, div. C, title XXXV, §3521(f), Dec. 23, 2022, 136 Stat. 3080, provided that: "Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Maritime Administration shall make publicly available the map of marine highway program routes required to be made publicly available under subsection (c) of section 55601 of title 46, United States Code, as amended by this section."