MARITIME Act

II 116TH CONGRESS 1ST SESSION S. 1452 To establish a program to provide assistance for education and research harbors. IN THE SENATE OF THE UNITED STATES MAY 14, 2019 Mr. MARKEY (for himself, Ms. WARREN, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a program to provide assistance for education and research harbors. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Maritime Academy Re- 4 investment And Training Improvements for Mariner Em- 5 ployment Act’’ or the ‘‘MARITIME Act’’. 6 SEC. 2. EDUCATION AND RESEARCH HARBORS. 7 (a) IN GENERAL.—Chapter 541 of title 46, United 8 States Code, is amended by adding at the end the fol- 9 lowing new section: 10 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS 2 •S 1452 IS ‘‘§ 54103. Education and research harbors 1 ‘‘(a) DEFINITIONS.—In this section: 2 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 3 trator’ means the Administrator of the Maritime Ad- 4 ministration. 5 ‘‘(2) ELIGIBLE HARBOR.—The term ‘eligible 6 harbor’ means a harbor that supports or will support 7 a federally owned vessel operated by— 8 ‘‘(A) a State maritime academy (as defined 9 in section 51102 of this title); or 10 ‘‘(B) a non-Federal oceanographic research 11 facility. 12 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Adminis- 13 trator shall establish a program to provide assistance to 14 a non-Federal interest for a project relating to an eligible 15 harbor. 16 ‘‘(c) FORM OF ASSISTANCE.—A non-Federal interest 17 may receive assistance for a project for— 18 ‘‘(1) the construction or maintenance dredging 19 of an eligible harbor; 20 ‘‘(2) the construction, installation, or mainte- 21 nance of infrastructure in an eligible harbor, includ- 22 ing bulkheads, aprons, and piles; 23 ‘‘(3) the construction or maintenance dredging 24 of a berth in an eligible harbor; or 25 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS 3 •S 1452 IS ‘‘(4) the construction or maintenance dredging 1 providing access from an eligible harbor to the near- 2 est navigation channel or deep water. 3 ‘‘(d) LOCAL COOPERATION AGREEMENT.— 4 ‘‘(1) IN GENERAL.—Before providing assistance 5 under this section, the Administrator shall enter into 6 a local cooperation agreement (referred to in this 7 subsection as an ‘agreement’) with a non-Federal in- 8 terest to provide for design or construction of the 9 project to be carried out with the assistance. 10 ‘‘(2) REQUIREMENTS.—An agreement entered 11 into under this subsection shall provide for the fol- 12 lowing: 13 ‘‘(A) PLAN.—Development by the Adminis- 14 trator, in consultation with appropriate Federal 15 and State officials, of a facilities or resource 16 protection and development plan, including ap- 17 propriate engineering plans and specifications. 18 ‘‘(B) LEGAL AND INSTITUTIONAL STRUC- 19 TURES.—Establishment of such legal and insti- 20 tutional structures as are necessary to ensure 21 the effective long-term operation of the project 22 by the non-Federal interest. 23 ‘‘(3) COST SHARING.— 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS 4 •S 1452 IS ‘‘(A) IN GENERAL.—Except as otherwise 1 provided in this paragraph, the Federal share of 2 project costs for a project under this section— 3 ‘‘(i) shall not exceed 65 percent; and 4 ‘‘(ii) may be in the form of grants or 5 reimbursements of project costs. 6 ‘‘(B) CREDIT FOR DESIGN WORK.—The 7 non-Federal interest shall receive credit for the 8 reasonable costs of design work completed by 9 the non-Federal interest before entering into an 10 agreement with the Administrator for a project. 11 ‘‘(C) CREDIT FOR INTEREST.—In the case 12 of a delay in the funding of the Federal share 13 of the costs of a project under this section, the 14 non-Federal interest shall receive credit for rea- 15 sonable interest incurred in providing the Fed- 16 eral share of the project costs. 17 ‘‘(D) LAND, EASEMENTS, RIGHTS-OF-WAY, 18 AND RELOCATIONS.—The non-Federal interest 19 shall receive credit for land, easements, rights- 20 of-way, and relocations provided by the non- 21 Federal interest toward the non-Federal share 22 of project costs (including all reasonable costs 23 associated with obtaining permits necessary for 24 the construction, operation, and maintenance of 25 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS 5 •S 1452 IS the project on publicly owned or controlled 1 land), but not to exceed 25 percent of the total 2 project cost. 3 ‘‘(E) OPERATION AND MAINTENANCE.— 4 The non-Federal share of operation and mainte- 5 nance costs for a project constructed under this 6 section shall be 100 percent. 7 ‘‘(e) APPLICABILITY OF OTHER FEDERAL AND 8 STATE LAWS.—Nothing in this section waives, limits, or 9 otherwise affects the applicability of any provision of Fed- 10 eral or State law (including regulations) that would other- 11 wise apply to a project under this section. 12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 13 is authorized to be appropriated to carry out this section 14 for each fiscal year an amount not greater than 15 $15,000,000, to remain available until expended.’’. 16 (b) CLERICAL AMENDMENT.—The table of sections 17 at the beginning of such chapter is amended by adding 18 at the end the following new item: 19 ‘‘54103. Education and research harbors.’’. SEC. 3. CENTERS OF EXCELLENCE FOR DOMESTIC MARI- 20 TIME WORKFORCE TRAINING AND EDU- 21 CATION. 22 Section 54102 of title 46, United States Code, is 23 amended by adding at the end the following: 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS 6 •S 1452 IS ‘‘(d) STATE MARITIME ACADEMY.—The Secretary of 1 Transportation shall designate each State Maritime Acad- 2 emy, as defined in section 51102(4) of this title, as a cen- 3 ter of excellence under this section.’’. 4 Æ VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1452.IS S1452 kjohnson on DSK79L0C42 with BILLS