46 USC 50302 Port Development

Page 333

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
50301(c) ......

Source (U.S. Code)

50301(f) .......

46 App.:1241a (2d
sentence 2d proviso).
46 App.:1241a (2d
sentence last proviso).
46 App.:1241a (last
sentence).
46 App.:1241b.

50301(g) ......

46 App.:1241b note.
46 App.:1241c.

50301(d) ......
50301(e) ......

§ 50302

TITLE 46—SHIPPING

Source (Statutes at Large)

June 20, 1956, ch. 415, title I,
§ 101 (4th complete par. on
p. 319), 70 Stat. 319; Pub.
L. 97–31, § 12(129), Aug. 6,
1981, 95 Stat. 165.
Aug. 1, 1956, ch. 846, 70 Stat.
897; Pub. L. 97–31, § 12(130),
Aug. 6, 1981, 95 Stat. 165.

In subsection (c), the words ‘‘Director of the Office of
Management and Budget’’ are substituted for ‘‘Bureau
of the Budget’’ in the Act of June 2, 1951 (ch. 121, 65
Stat. 59), because of sections 101 and 102 of Reorganization Plan No. 2 of 1970 (5 App. U.S.C.) and 31 U.S.C. ch.
5. The words ‘‘for the purposes of that appropriation’’
are omitted for clarity and for consistency in the subsection.
In subsection (d), the words ‘‘notwithstanding any
other provisions of law’’ and ‘‘and consolidated with’’
are omitted as unnecessary.
In subsection (e), in paragraph (1), the words ‘‘Comptroller General’’ are substituted for ‘‘Government Accountability Office’’ for consistency in the revised
title. Paragraph (3) is substituted for ‘‘(except in cases
where section 1212 of this Appendix is applicable)’’ because section 1212 applies to all vessels under a construction-differential subsidy contract.
In subsection (f), the words ‘‘On and after June 20,
1956’’, and the last proviso in the 4th complete par. at
70 Stat. 319 (46 App. U.S.C. 1241b note), are omitted as
obsolete.
In subsection (g), the words ‘‘beginning July 1, 1956’’
and ‘‘after July 1, 1956’’ are omitted as obsolete.

(5) investigate the practicability and advantages of harbor, river, and port improvements
in connection with foreign and coastwise
trade; and
(6) investigate any other matter that may
tend to promote and encourage the use by vessels of ports adequate to care for the freight
that naturally would pass through those ports.
(b) SUBMISSION OF FINDINGS TO SURFACE
TRANSPORTATION BOARD.—After an investigation
under subsection (a), if the Secretary of Transportation believes that the rates or practices of
a rail carrier subject to the jurisdiction of the
Surface Transportation Board are detrimental
to the objective specified in subsection (a), or
that new rates or practices, new or additional
port terminal facilities, or affirmative action by
a rail carrier is necessary to promote that objective, the Secretary may submit findings to the
Board for action the Board considers appropriate under existing law.
(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; Pub. L.
117–81, div. C, title XXXV, § 3513(a)(2), Dec. 27,
2021, 135 Stat. 2240.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

50302(a) ......

46 App.:867 (words
before proviso).

50302(b) ......

46 App.:867 (proviso).

Editorial Notes
AMENDMENTS
2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘(50
U.S.C. 4701(a), (c), 4703(c), 4704)’’ for ‘‘(50 App. U.S.C.
1291(a), (c), 1293(c), 1294)’’.

§ 50302. Port development
(a) GENERAL REQUIREMENTS.—With the objective of promoting, encouraging, and developing
ports and transportation facilities in connection
with water commerce over which the Secretary
of Transportation has jurisdiction, the Secretary, in cooperation with the Secretary of the
Army, shall—
(1) investigate territorial regions and zones
tributary to ports, taking into consideration
the economies of transportation by rail,
water, and highway and the natural direction
of the flow of commerce;
(2) investigate the causes of congestion of
commerce at ports and applicable remedies;
(3) investigate the subject of water terminals, including the necessary docks, warehouses, and equipment, to devise and suggest
the types most appropriate for different locations and for the most expeditious and economical transfer or interchange of passengers
or property between water carriers and rail
carriers;
(4) consult with communities on the appropriate location and plan of construction of
wharves, piers, and water terminals;

Source (Statutes at Large)
June 5, 1920, ch. 250, § 8, 41
Stat. 992; Exec. Order No.
6166, June 10, 1933, § 12;
June 29, 1936, ch. 858, title
II, § 204, title IX, § 904, 49
Stat. 1987, 2016; Pub. L.
97–31, § 12(40), Aug. 6, 1981,
95 Stat. 156; Pub. L. 104–88,
§ 321(1), Dec. 29, 1995, 109
Stat. 949.

In subsection (a), before paragraph (1), the words
‘‘Secretary of the Army’’ are substituted for ‘‘Secretary of War’’ in section 8 of the Merchant Marine
Act, 1920 (ch. 250, 41 Stat. 992) because of section 205(a)
of the National Security Act of 1947 (ch. 343, 61 Stat.
501). See 10 U.S.C. 3011 et seq. In paragraph (3), the
words ‘‘apparatus’’ and ‘‘appliances’’ are omitted as unnecessary. In paragraph (4), the words ‘‘consult with’’
are substituted for ‘‘advise with’’ as being more grammatical.
In subsection (b), the words ‘‘rates or practices’’ are
substituted for ‘‘rates, charges, rules, or regulations’’
for consistency in the revised title and with other titles
of the United States Code.
Editorial Notes
AMENDMENTS
2021—Subsec. (c). Pub. L. 117–81 redesignated subsec.
(c) as section 54301(a) of this title.
Subsec. (c)(2). Pub. L. 116–283, § 3504(1)(A)(i), inserted
‘‘or subsection (d)’’ after ‘‘this subsection’’ in introductory provisions.
Subsec. (c)(2)(G). Pub. L. 116–283, § 3504(1)(A)(ii), inserted ‘‘, including the owners or operators of a facility, or collection of facilities at a port’’ after ‘‘private
entities’’.
Subsec. (c)(5)(A). Pub. L. 116–283, § 3504(1)(B)(i), inserted ‘‘or subsection (d)’’ after ‘‘this subsection’’.

§ 50303

TITLE 46—SHIPPING

Subsec. (c)(5)(B). Pub. L. 116–283, § 3504(1)(B)(ii), substituted ‘‘90’’ for ‘‘60’’ and inserted ‘‘or subsection (d)’’
after ‘‘this subsection’’.
Subsec. (c)(6)(C). Pub. L. 116–283, § 3504(1)(C), struck
out subpar. (C). Prior to amendment, text read as follows: ‘‘The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a
project is cost effective, for a small project described in
paragraph (7)(B).’’
Subsec. (c)(7)(B). Pub. L. 116–283, § 3504(1)(D)(i), substituted ‘‘18 percent’’ for ‘‘25 percent’’ and ‘‘subsection
(d). The requirement under paragraph (6)(A)(ii) shall
not apply to grants made under subsection (d).’’ for
‘‘paragraph (3)(A) that request the lesser of—
‘‘(i) 10 percent of the amounts made available for
grants under this subsection for a fiscal year; or
‘‘(ii) $10,000,000.’’
Subsec. (c)(7)(C). Pub. L. 116–283, § 3504(1)(D)(ii), added
subpar. (C) and struck out former subpar. (C). Text read
as follows: ‘‘Not more than 10 percent of the amounts
made available for grants under this subsection for a
fiscal year may be used to make grants for development phase activities under paragraph (3)(B).’’
Subsec. (c)(8)(A). Pub. L. 116–283, § 3504(1)(E)(i), inserted ‘‘or subsection (d)’’ after ‘‘a grant under this
subsection’’ and substituted ‘‘the project for which the
grant is requested’’ for ‘‘a project under this subsection’’.
Subsec. (c)(8)(B)(i). Pub. L. 116–283, § 3504(1)(E)(ii)(I),
substituted ‘‘under this subsection or subsection (d)’’
for ‘‘under this subsection’’.
Subsec. (c)(8)(B)(ii). Pub. L. 116–283, § 3504(1)(E)(ii)(II),
inserted ‘‘for which a grant is awarded under subsection (d) or that is’’ after ‘‘project’’.
Subsec. (c)(9). Pub. L. 116–283, § 3504(1)(F), inserted
‘‘for grants made under this subsection and subsection
(d)’’ after ‘‘procedures’’ in introductory provisions.
Subsec. (c)(10)(A). Pub. L. 116–283, § 3504(1)(G), inserted
‘‘or subsection (d)’’ after ‘‘this subsection’’ in introductory provisions.
Subsec. (c)(11)(A). Pub. L. 116–283, § 3504(1)(H)(i), substituted ‘‘to make grants for port development under
this section’’ for ‘‘under this subsection’’ and ‘‘to make
grants for port development under this section’’ for ‘‘to
carry out this subsection’’.
Subsec. (c)(11)(B)(i). Pub. L. 116–283, § 3504(1)(H)(ii)(I),
substituted ‘‘to make grants for port development
under this section’’ for ‘‘for carrying out this subsection’’.
Subsec.
(c)(11)(B)(ii).
Pub.
L.
116–283,
§ 3504(1)(H)(ii)(II), substituted ‘‘for port development
under this section’’ for ‘‘under this subsection’’, and inserted ‘‘or that are returned under paragraph (9)(C)’’
after ‘‘the award’’ and ‘‘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.’’ at end.
Subsec. (c)(12). Pub. L. 116–283, § 3504(1)(I)(i), inserted
‘‘and subsection (d)’’ after ‘‘this subsection’’ in introductory provisions.
Subsec. (c)(12)(A) to (D). Pub. L. 116–283, § 3504(1)(I)(ii),
redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which defined
‘‘appropriate committees of Congress’’.
Subsec. (d). Pub. L. 117–81 redesignated subsec. (d) as
section 54301(b) of this title.
Pub. L. 116–283, § 3504(3), added subsec. (d). Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 117–81 redesignated subsec. (e) as
section 54301(c) of this title.
Pub. L. 116–283, § 3504(2), redesignated subsec. (d) as
(e).
Subsec. (e)(3). Pub. L. 116–283, § 3504(4), inserted ‘‘or
subsection (d)’’ after ‘‘subsection (c)’’ and substituted
‘‘to any eligible applicants as described in subsection
(c)(2)’’ for ‘‘to port authorities or commissions or their
subdivisions and agents’’.
2019—Subsecs. (c), (d). Pub. L. 116–92 added subsecs.
(c) and (d) and struck out former subsec. (c), which es-

Page 334

tablished and set out parameters for a port infrastructure development program.
2013—Subsec. (c)(2)(D). Pub. L. 113–66 inserted ‘‘and financial assistance, including grants,’’ after ‘‘technical
assistance’’.
2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).
Statutory Notes and Related Subsidiaries
SAVINGS CLAUSE
Pub. L. 116–92, div. C, title XXXV, § 3514(c), Dec. 20,
2019, 133 Stat. 1984, provided that:
‘‘A repeal made by subsection (b) of this section
[amending this section] shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the
funds were subject under—
‘‘(1) section 50302(c) of title 46, United States Code,
as in effect on the day before the date of enactment
of this title [Dec. 20, 2019];
‘‘(2) section 9008 of the SAFETEA-LU Act (Public
Law 109–59; 119 Stat. 1926);
‘‘(3) section 10205 of the SAFETEA-LU Act (Public
Law 109–59; 119 Stat. 1934); and
‘‘(4) section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48
U.S.C. 1421r).’’
STRATEGIC SEAPORTS
Pub. L. 113–66, div. C, title XXXV, § 3505(a), Dec. 26,
2013, 127 Stat. 1086, which established priority for funding to strategic seaports in support of national security
requirements, was repealed by Pub. L. 118–31, div. C,
title XXXV, § 3514(a)(1)(C), Dec. 22, 2023, 137 Stat. 810.
See section 54301(a)(6)(C), (12)(E) of this title.

§ 50303. Operating property and extending term
of notes
(a) GENERAL AUTHORITY.—The Secretary of
Transportation may—
(1) operate or lease docks, wharves, piers,
vessels, or real property under the Secretary’s
control, except that the prior consent of the
Secretary of Defense for such use shall be required with respect to any vessel in the Ready
Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention
status for the Department of Defense; and
(2) make extensions and accept renewals of—
(A) promissory notes and other evidences
of indebtedness on property; and
(B) mortgages and other contracts securing the property.
(b) TERMS OF TRANSACTIONS.—A transaction
under subsection (a) shall be on terms the Secretary considers necessary to carry out the purposes of this subtitle, but consistent with sound
business practice.
(c) AVAILABILITY OF AMOUNTS.—Amounts received by the Secretary from a transaction
under this section are available for expenditure
by the Secretary as provided in this subtitle.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1564;
Pub. L. 110–181, div. C, title XXXV, § 3512, Jan.
28, 2008, 122 Stat. 594.)
HISTORICAL AND REVISION NOTES
Revised
Section
50303 ..........

Source (U.S. Code)
46 App.:1112.

Source (Statutes at Large)
June 29, 1936, ch. 858, title
II, § 202, 49 Stat. 1986; Aug.
26, 1937, ch. 822, § 1, 50
Stat. 839; June 23, 1938, ch.
600, § 1, 52 Stat. 953; Pub.
L. 97–31, § 12(60), Aug. 6,
1981, 95 Stat. 158.