Infrastructure Investment and Jobs Act – Ports and Waterways

Points of Contact:

Bill Viney, Principal, State and Local Advocacy and Appropriations – bviney@bgrdc.com

Jennifer Larkin Lukawski, Principaljlarkin@bgrdc.com

Jerry Strickland, Vice President & Texas Director, State Advocacy and Appropriations – jstrickland@bgrdc.com

Infrastructure Investment and Jobs Act

Ports and Waterways

Topline Funding: $17 billion

Authorizes an additional $17 billion (B) in funding to ports and waterways for existing projects to address backlogs and provide improvements to facilities, as well as modernization funding and to reduce emissions. The funding includes $9.55B for the U.S. Army Corps of Engineers (USACE) infrastructure priorities, $3.85B to modernize and improve Land Ports of Entry, $2.25B for port infrastructure, $912 million (M) for ferry boat and terminal construction, $429M for U.S. Coast Guard infrastructure, and $400M to reduce port emissions.

Programs & Funding Streams

ARMY CORPS OF ENGINEERS CONSTRUCTION, OPERATIONS, AND MAINTENANCE

Authorizes $9.55B for USACE infrastructure priorities, which includes $5.15B for construction projects to help address the large backlog of authorized projects. Also, $4B is set aside for the USACE’s Operations and Maintenance fund, to be spent over a three-year period. Projects include dredging federal navigation projects and repairing damages from natural disasters.

Agency of Jurisdiction: Department of Defense (DOD) – USACE

Eligible Grantees: A corporation, partnership, joint venture, trust, federal, state, local, or tribal government.

Timing: Immediately.

Federal Cost-Share: N/A

Notes: The Chief of Engineers is required to provide Congress with a detailed spending plan within 60 days of enactment.

LAND PORTS OF ENTRY MODERNIZATION AND CONSTRUCTION

Authorizes $3.85B to modernize and improve Land Ports of Entry at our nation’s Northern and Southwest Border. The funds are split between General Services Administration (GSA) and U.S. Customs and Border Protection (CBP). The funds will allow GSA and CBP to execute construction and modernization at all ports on CBP’s Five-Year Plan as well as those identified as a priority for upgrades. Also, funds are included for port of entry paving projects, the acquisition of leased ports, and Federal Motor Carrier Safety Administration facility needs.

Agency of Jurisdiction: GSA – CBP

Eligible Grantees: Projects that expand and modernize a land port of entry, including security enhancements.

Timing: Immediately.

Federal Cost-Share: N/A

PORT INFRASTRUCTURE PROGRAM

Authorizes $2.25B to the U.S. Maritime Administration for port infrastructure development, including for projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, earthquakes, tsunami inundation, and projects that reduce or eliminate port-related pollutant or greenhouse gas emissions. Also, authorizes separate $25M for grants under the America’s Marine Highway Program.

Agency of Jurisdiction: Department of Transportation (DOT) – Maritime Administration – Port Infrastructure Development Grants

Eligible Grantees: Entities are to be awarded funds as discretionary grants on a competitive basis for projects that will improve the safety, efficiency, or reliability of the movement of goods into, out of, around, or within a port.

Timing: Immediately.

Federal Cost-Share: N/A

REDUCE PORT EMISSIONS

Authorizes $400M to establish a new program to reduce emissions at port facilities, which includes $250M from the Highway Trust fund and $150M from emergency appropriations.

Agency of Jurisdiction: DOT

Eligible Grantees: Port facilities are the principal grantees.

Timing: The Secretary must make grants available no later than April 1 of each fiscal year, from FY22-26.

Federal Cost-share: A grant awarded cannot exceed 80% of the total cost of the project funded by the grant.

Notes: DOT is required to study how ports and intermodal port transfer facilities would benefit from opportunities to reduce emissions, including through electrification. Additionally, DOT must study emerging technologies and strategies to reduce port-related emissions from idling trucks, and provide funding to test, evaluate, and deploy projects that reduce emissions from idling trucks.

FERRY BOAT AND TERMINAL CONSTRUCTION

Authorizes $912M over five years for ferry services, to be utilized for the construction of ferry boats and ferry terminal service.

Agency of Jurisdiction: DOT – Federal Highway Administration (FHWA)

Eligible Grantees: Funds are available for entities that operate at least one ferry service within a state.

Timing: Immediately.

Federal Cost-share: The federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities cannot exceed 80%.

Notes: Entities are eligible for 35% based on the proportion of the number of ferry passengers, 35% based on the proportion of vehicles on ferries, and 30% based on the proportion of the total route nautical serviced by ferry systems.

U.S. COAST GUARD UNFUNDED PRIORITY INFRASTRUCTURE

Authorities $429M for needed housing, family support and childcare facilities, as well as shore construction infrastructure and facility deficiency needs. This funding is provided to expand on the Coast Guard’s unfunded priorities.

Agency of Jurisdiction: DOD – Department of Homeland Security (DHS)

Eligible Grantees: Projects that address unfunded infrastructure needs that result from emergent missions, disaster recovery, and other external factors.

Timing: Immediately.

Federal Cost-Share: N/A

ARMY CORPS OF ENGINEERS MISSISSIPPI RIVER AND TRIBUTARY

Authorizes over $808M to the Mississippi River and Tributary to address emergencies for USACE projects caused by natural disasters.

Agency of Jurisdiction: DOD – USACE

Eligible Grantees: A corporation, partnership, joint venture, trust, federal, state, local, or tribal government.

Timing: Immediately, with $258M to be obligated within 90 days of enactment.

Federal Cost-Share: N/A

Notes: The Chief of Engineers is required to provide Congress with a detailed spending plan for FY22 within 60 days of enactment, and a detailed monthly report of the allocations and obligations within 120 days of enactment.

ARMY CORPS OF ENGINEERS GENERAL EXPENSES/REGULATORY NEEDS

Authorizes $200M for USACE General Expenses and Regulatory Needs, which is split evenly between the Ports and Waterways and Flood Resiliency Working Groups.

Agency of Jurisdiction: DOD – USACE

Eligible Grantees: A corporation, partnership, joint venture, trust, federal, state, local, or tribal government.

Timing: Immediately.

Federal Cost-Share: N/A

Notes: The Chief of Engineers is required to provide Congress with a spending plan within 60 days of enactment.

MARINE HIGHWAYS PROGRAM

Authorizes $25M to the Marine Highway Program, to expand the use of America’s navigable waters, working to expand marine highway service options and facilitate their further integration into the U.S. transportation system.

Agency of Jurisdiction: DOT – Maritime Administration

Eligible Grantees: Eligible entities include vessels, projects that include shipper utilization, port and landside infrastructure, and marine transportation strategies utilized by State and local governments.

Timing: Immediately.

Federal Cost-share: Federal shares cannot exceed 80%.

Notes: The Secretary must give preference to projects or components that present the most financially viable transportation services and require the lowest percentage federal share of the costs.