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LegalText 48 U.S.C. § 1421r Port of Guam Improvement Enterprise Program us united_states_code code_section 48 TERRITORIES AND INSULAR POSSESSIONS 8A GUAM 1421r 48 U.S.C. § 1421r current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc48@119-100.zip /us/usc/t48/s1421r data/legal/raw/us/code/title-48/usc48.xml 665c490425919b783a366686398cc3f781ce5cf3bede10abf332a269eac21e49 2f9a72ec272e6666d7f55f52cc3186aefc6368ca4cc2b9053a531de2fb9288c2 0e2679703c9c2e9c8fe055dc27babce9bafd136925918857c0369401008d7e43 2026-07-04 official
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48 U.S.C. § 1421r - Port of Guam Improvement Enterprise Program

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.

(Pub. L. 110417, div. C, title XXXV, § 3512, Oct. 14, 2008, 122 Stat. 4770; Pub. L. 111383, div. A, title X, § 1075(e)(20), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 112141, div. A, title I, § 1114(b)(2)(C), July 6, 2012, 126 Stat. 468.)

Notes

Editorial Notes

References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91190, Jan. 1, 1970, 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.

Amendments2012—Subsec. (e). Pub. L. 112141 substituted “section 165” for “section 215”. 2011—Subsec. (f). Pub. L. 111383 inserted period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.