46 USC 50308 – Maritime transportation system emergency relief program
(a)
(1) the costs of capital projects to protect, repair, reconstruct, or replace equipment and facilities of the United States maritime transportation system that the Maritime Administrator determines is in danger of suffering serious physical damage, or has suffered serious physical damage, as a result of an emergency; and
(2) eligible operating costs of United States maritime transportation equipment and facilities in an area directly affected by an emergency during—
(A) the one-year period beginning on the date of a declaration of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4); and
(B) an additional one-year period beginning one year after the date of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4), if the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Administration,1 determines there is a compelling need arising out of the emergency for which the declaration is made.
Terms Used In 46 USC 50308
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(e)
(1) subject to the terms and conditions the Maritime Administrator determines are necessary;
(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local assistance program; and
(3) made only for expenses that are not reimbursed under any type of marine insurance.
(f)
(g)
(h)
(i)
(1) affected the United States maritime transportation system;
(2) mitigated the financial impact of the emergency on the recipient of the assistance; and
(3) protected critical infrastructure in the United States.
(j)
(1)
(A) a port authority; or
(B) a vessel owned and operated by a State or Tribal government and facilities associated with the operation of such vessel.
(2)
(A) vessel construction, transportation by water, or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366, 483, 4883, or 6113, or in the case of such construction, transportation, or support activities conducted by a fish processing vessel, such an assigned code beginning with 3117; or
(B) as determined by the Secretary of Transportation—
(i) construction or water transportation related to activities described in subparagraph (A); or
(ii) maritime education and training.
(3)
(A) emergency response;
(B) cleaning;
(C) sanitization;
(D) janitorial services;
(E) staffing;
(F) workforce retention;
(G) paid leave;
(H) procurement and use of protective health equipment, testing, and training for employees and contractors;
(I) debt service payments;
(J) infrastructure repair projects;
(K) fuel; and
(L) other maritime transportation system operations, as determined by the Secretary of Transportation;
(4)
(A) the Governor of a State has declared an emergency and the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Administration,1 has concurred in the declaration;
(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);
(C) national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) is in effect; or
(D) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) is in effect.