Federal · Title 49 — Transportation
49 U.S.C. § 303a: Development of water transportation
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to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and to foster and preserve rail and water transportation. In this section, “inland waterway” includes the Great Lakes. investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States; investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically; consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities; the waterways are being used to their capacity and are meeting the demands of traffic; and water carriers using those waterways are interchanging traffic with rail carriers; investigate other matters that may promote and encourage inland water transportation; and compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States. The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation. The term ‘Advisory Committee’ means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1). The term ‘Arctic’ has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). The term ‘Arctic Sea Routes’ means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage. The Secretary of Transportation, in coordination with the Secretary of State, the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy, the Secretary of Commerce, and the Secretary of the Department in which the Coast Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation, including Arctic seaway development. The Advisory Committee shall meet at the call of the Chairperson, and at least once annually in Alaska. The Advisory Committee shall be composed of 17 members as described in subparagraph (B). 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee; 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee; 1 designee of the Secretary of Commerce; 1 designee of the Secretary of State; 1 designee of the Secretary of Transportation; 1 designee of the Secretary of Defense; 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation; 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation; 3 Alaska Native Tribal members; 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation; 1 individual representing coastal communities affected by Arctic maritime transportation; 1 individual representing vessels of the United States (as defined in section 116 of title 46 , United States Code) participating in the shipping industry; 1 individual representing the marine safety community; 1 individual representing the Arctic business community; and 1 individual representing maritime labor organizations. Each member of the Advisory Committee described in clauses (vii) through (xv) of subparagraph (B) shall serve for a 2-year term and shall not be eligible for more than 2 consecutive term reappointments. Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.]. Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports. improve Arctic maritime safety and environmental protection; enhance Arctic maritime domain awareness; and support navigation and incident response for vessels transiting the Arctic Sea Routes. Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services. develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable. Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations. In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes. Not later than 2 years after the date of enactment of this Act [ Jan. 1, 2021 ], the Advisory Committee shall submit a report with its recommendations under subparagraphs (A) and (B) of subsection (c)(3) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. Not later than 8 years after the submission of the report described in subsection (d), the Secretary of Transportation shall dissolve the Advisory Committee. coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation. In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes.”
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