HR 6007
110th CONGRESS
2d Session
H. R. 6007
To authorize the Secretary of Transportation to establish a Port
of Guam Improvement Enterprise Program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 8, 2008
Ms. BORDALLO introduced the following bill; which was referred to the Committee
on Armed Services, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To authorize the Secretary of Transportation to establish a Port
of Guam Improvement Enterprise Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. 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 port facilities, relieve port
congestion, increase port security, 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 non-Federal entities, including
private entities, that have entered into a specific contract or agreement
with the Administrator;
(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;
(4) provide technical assistance to the Port Authority of Guam (and its
agents) as needed for projects carried out under the Program; and
(5) encourage partnerships between public and private entities for the development
and financial support of projects carried out under the Program, to the
extent that the Administrator considers necessary and in accordance with
the guidelines established in a memorandum of understanding between the
Government of Guam and the Administrator.
(c) Intermodal Surface Freight Transfer Facility Eligibility- Notwithstanding
any other provision of law, an intermodal or marine facility comprising a
component of the Program is deemed to be eligible to be an intermodal surface
freight transfer facility for the purposes of section 601(8)(D) of title 23,
United States Code.
(d) 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 non-Federal sources under
subsection (b)(1);
(B) amounts transferred to the Administrator under subsection (e); 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.
(e) 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.
(f) Authorization of Appropriations- There are authorized to be appropriated
to the Fund such sums as may be necessary to carry out this section.
END