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Title 48 — Territories and Insular Possessions

Chapter 8A — Guam

§ 1421r. Port of Guam Improvement Enterprise Program

Statutory text

(a)

In general

The Secretary of Transportation, acting through the Administrator of the Maritime Administration (in this section referred to as the “Administrator”), may establish a Port of Guam Improvement Enterprise Program (in this section referred to as the “Program”) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities.

(b)

Authorities of the Administrator

In carrying out the Program, the Administrator may—

(1)

receive funds provided for the Program from Federal and non-Federal entities, including private entities;

(2)

provide for coordination among appropriate governmental agencies to expedite the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects carried out under the Program;

(3)

provide for coordination among appropriate governmental agencies in connection with other reviews and requirements applicable to projects carried out under the Program; and

(4)

provide technical assistance to the Port Authority of Guam (and its agents) as needed for projects carried out under the Program.

(c)

Port of Guam Improvement Enterprise Fund

(1)

Establishment

There is established in the Treasury of the United States a separate account to be known as the “Port of Guam Improvement Enterprise Fund” (in this section referred to as the “Fund”).

(2)

Deposits

There shall be deposited into the Fund—

(A)

amounts received by the Administrator from Federal and non-Federal sources under subsection (b)(1);

(B)

amounts transferred to the Administrator under subsection (d); and

(C)

amounts appropriated to carry out this section under subsection (f).

(3)

Use of amounts

Amounts in the Fund shall be available to the Administrator to carry out the Program.

(4)

Administrative expenses

Not to exceed 3 percent of the amounts appropriated to the Fund for a fiscal year may be used for administrative expenses of the Administrator.

(5)

Availability of amounts

Amounts in the Fund shall remain available until expended.

(d)

Transfers of amounts

Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Program shall be transferred to and administered by the Administrator.

(e)

Limitation

Nothing in this section shall be construed to authorize amounts made available under section 165 of title 23 or any other amounts made available for the construction of highways or amounts otherwise not eligible for making port improvements to be deposited into the Fund.

(f)

Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 div. C title XXXV § 3512 · 122 Stat. 4356

    Enacted · 48 U.S.C. § 1421r

    Pub. L. 110–417, div. C, title XXXV, § 3512, Oct. 14, 2008, 122 Stat. 4770

    Source evidence

    Code source credit
    Pub. L. 110–417, div. C, title XXXV, § 3512, Oct. 14, 2008, 122 Stat. 4770

    Enacted provision · exact public law section
    SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM. (a) In General.— The Secretary of Transportation, acting through the Administrator of the Maritime Administration (in this section referred to as the “Administrator”), may establish a Port of Guam Improvement Enterprise Program (in this section referred to as the “Program”) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities. (b) Authorities of the Administrator.— In carrying out the Program, the Administrator may— (1) receive funds provided for the Program from Federal and non-Federal entities, including private entities; (2) provide for coordination among appropriate governmental agencies to expedite the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects carried out under the Program; (3) provide for coordination among appropriate governmental agencies in connection with other reviews and requirements applicable to projects carried out under the Program; and (4) provide technical assistance to the Port Authority of Guam (and its agents) as needed for projects carried out under the Program. (c) Port of Guam Improvement Enterprise Fund.— (1) Establishment.— There is established in the Treasury of the United States a separate account to be known as the “Port of Guam Improvement Enterprise Fund” (in this section referred to as the “Fund”). (2) Deposits.— There shall be deposited into the Fund— (A) amounts received by the Administrator from Federal and non-Federal sources under subsection (b)(1); (B) amounts transferred to the Administrator under subsection (d); and (C) amounts appropriated to carry out this section under subsection (f). (3) Use of amounts.— Amounts in the Fund shall be available to the Administrator to carry out the Program. (4) Administrative expenses.— Not to exceed 3 percent of the amounts appropriated to the Fund for a fiscal year may be used for administrative expenses of the Administrator. (5) Availability of amounts.— Amounts in the Fund shall remain available until expended. (d) Transfers of Amounts.— Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Program shall be transferred to and administered by the Administrator. (e) Limitation.— Nothing in this section shall be construed to authorize amounts made available under section 215 of title 23, United States Code, or any other amounts made available for the construction of highways or amounts otherwise not eligible for making port improvements to be deposited into the Fund. (f) Authorization of Appropriations.— There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this section

  2. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title X § 1075(e)(20) · 124 Stat. 4137

    Inserted · 48 U.S.C. § 1421r(f)

    Pub. L. 111–383 inserted period at end

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–383 inserted period at end.

    Enacted provision · exact public law section
    (20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is amended by inserting a period at the end of subsection (f).

  3. Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1114(b)(2)(C) · 126 Stat. 405

    Substituted · 48 U.S.C. § 1421r(e)

    Pub. L. 112–141 substituted “section 165” for “section 215”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–141 substituted “section 165” for “section 215”.

    Enacted provision · exact public law section
    (C) Duncan hunter national defense authorization act for fiscal year 2009.— Section 3512(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by striking “section 215” and inserting “section 165”.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91–190, , 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification

Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and not as part of the Organic Act of Guam which comprises this chapter.

Amendments2011–2012 · 2 rounds

2012

Subsec. (e). Pub. L. 112–141 substituted “section 165” for “section 215”.

2011

Subsec. (f). Pub. L. 111–383 inserted period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Credits

2008–2012 · 3 acts
  1. 2008Pub. L. 110–417, div. C, title XXXV, § 3512, , 122 Stat. 4770
  2. 2011Pub. L. 111–383, div. A, title X, § 1075(e)(20), , 124 Stat. 4375
  3. 2012Pub. L. 112–141, div. A, title I, § 1114(b)(2)(C), , 126 Stat. 468.
Show as published

(Pub. L. 110–417, div. C, title XXXV, § 3512, , 122 Stat. 4770; Pub. L. 111–383, div. A, title X, § 1075(e)(20), , 124 Stat. 4375; Pub. L. 112–141, div. A, title I, § 1114(b)(2)(C), , 126 Stat. 468.)

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