[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 428

  To expedite the development of Arctic deepwater ports and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2013

  Mr. Begich introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To expedite the development of Arctic deepwater ports and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arctic Deep Water Ports Enhancement 
Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There is a pressing national need to prepare for 
        increasing human activity and expanding commerce in the Arctic. 
        Such activity will likely include oil and gas development, 
        fishing, shipping, and tourism.
            (2) To respond to this increase in activity, there is a 
        need for port facilities in the Arctic that can accommodate 
        deep-draft ships, support search and rescue activities, 
        scientific research, and Arctic oil and gas development, and 
        serve as an Arctic harbor of refuge.
            (3) The residents of the Arctic region of the United States 
        are under-served in freight transportation, and deep-draft 
        ports in the Arctic will enhance economic opportunities and 
        quality of life for such residents.
            (4) Arctic communities rely on subsistence hunting for 
        economic and cultural survival, and it is critical to protect 
        the Arctic environment and maintain subsistence resources.
            (5) Coordinating and expediting the development of deep-
        draft ports in the Arctic is in the national interest.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Arctic deepwater port.--The term ``Arctic deepwater 
        port'' means any port facility located--
                    (A) in waters north of 60 degrees latitude north 
                and west of 162 degrees longitude west that have a 
                water depth of not less than 30 feet; or
                    (B) in waters north of 63 degrees latitude north 
                that have a water depth of not less than 30 feet.
            (2) Consumer price index.--The term ``Consumer Price 
        Index'' means the Consumer Price Index for all-urban consumers, 
        United States city average, as published by the Bureau of Labor 
        Statistics, or if such index shall cease to be published, any 
        successor index or reasonable substitute thereof.
            (3) Coordinator.--The term ``Coordinator'' means the 
        Federal Coordinator for Arctic Deepwater Port Projects 
        appointed under section 7(b)(1).
            (4) Developer.--The term ``developer'', with respect to an 
        Arctic deepwater port, means any private entity, State, 
        municipal, or borough government, Alaska Native corporation 
        created by section 7 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1606), or the western Alaska community development 
        quota program created by section 305(i)(1) of the Magnuson-
        Stevens Fishery Conservation and Management Act that is seeking 
        to develop an arctic deepwater port.
            (5) Development.--The term ``development'', with respect to 
        an Arctic deepwater port, means any aspect of the development, 
        construction, or operation of such port.
            (6) Eligible lender.--The term ``eligible lender'' means 
        any non-Federal qualified institutional buyer (as defined by 
        section 230.144A(a) of title 17, Code of Federal Regulations 
        (or any successor regulation), known as Rule 144A(a) of the 
        Securities and Exchange Commission and issued under the 
        Securities Act of 1933), including--
                    (A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986 
                (26 U.S.C. 4974(c)) that is a qualified institutional 
                buyer; and
                    (B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 
                414(d)) that is a qualified institutional buyer.
            (7) Environmental review.--The term ``environmental 
        review'' means an environmental impact statement, environmental 
        assessment, or other document required for compliance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            (8) Federal guarantee instrument.--The term ``Federal 
        guarantee instrument'' means any guarantee or other pledge by 
        the Secretary to pledge the full faith and credit of the United 
        States to pay all of the principal and interest on any loan or 
        other debt obligation entered into by a holder of a certificate 
        of public convenience and necessity.
            (9) Office.--Except as otherwise specifically provided, the 
        term ``Office'' means the Office of the Federal Arctic 
        Deepwater Port Coordinator established under section 7(a).
            (10) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of the Army.

SEC. 4. ARCTIC DEEPWATER PORT DEVELOPMENT PARTNERSHIPS.

    The Secretary is authorized to enter into partnership agreements 
with developers--
            (1) to plan, survey, design, construct, maintain, or 
        operate Arctic deepwater ports;
            (2) to provide technical assistance for the activities 
        described in paragraph (1); and
            (3) to receive funds for such activities from Federal, non-
        Federal, and private entities, including developers of an 
        Arctic deepwater ports that have an agreement with the 
        Secretary for such an activity under this section.

SEC. 5. ARCTIC PORT INFRASTRUCTURE DEVELOPMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Arctic Port 
Infrastructure Development Fund'', consisting of such amounts as may be 
appropriated or credited to such Fund, as provided in this section.
    (b) Deposits in the Fund.--There may be deposited into the Arctic 
Port Infrastructure Development Fund--
            (1) amounts from Federal, non-Federal, and private entities 
        received by the Secretary under section 4(3); and
            (2) such amounts as may be appropriated or transferred to 
        the Fund under this section.
    (c) Expenditures.--Amounts in the Arctic Port Infrastructure 
Development Fund shall be available to the Secretary--
            (1) to administer and carry out Arctic deepwater port 
        development projects;
            (2) to make refunds related to Arctic deepwater port 
        development projects that will not be completed; and
            (3) to make loan guarantees as described in subsection (d).
    (d) Loan Guarantees.--
            (1) Authority.--
                    (A) In general.--The Secretary may enter into 
                agreements with developers to issue Federal guarantee 
                instruments with respect to loans and other debt 
                obligations for Arctic deepwater ports.
                    (B) Expiration of authority.--The authority of the 
                Secretary to issue Federal guarantee instruments under 
                this section for Arctic deepwater ports shall expire on 
                the date that is 30 years from the date of enactment of 
                this Act.
            (2) Conditions.--The Secretary may issue a Federal 
        guarantee instrument under this section for Arctic deepwater 
        ports only if the loan or other debt obligation guaranteed by 
        the instrument has been issued by an eligible lender.
            (3) Limitations on amounts.--
                    (A) Limitation on percentage of total capital 
                costs.--The amount of loans and other debt obligations 
                guaranteed under this section for Arctic deepwater 
                ports shall not exceed 75 percent of the total capital 
                costs of the project, including interest during 
                construction.
                    (B) Maximum amount guaranteed.--The principal 
                amount of loans and other debt obligations guaranteed 
                under this section shall not exceed, in the aggregate, 
                $3,000,000,000, which amount shall be indexed for 
                United States dollar inflation from the date of the 
                enactment of this Act, as measured by the Consumer 
                Price Index.
            (4) Loan terms and fees.--
                    (A) In general.--The Secretary may issue Federal 
                guarantee instruments under this section that take into 
                account repayment profiles and grace periods justified 
                by project cash flows and project-specific 
                considerations.
                    (B) Maximum loan term.--The term of any loan 
                guaranteed under this section shall not exceed 30 
                years.
                    (C) Fees.--An eligible lender may assess and 
                collect from the borrower such other fees and costs 
                associated with the application and origination of the 
                loan or other debt obligation as are reasonable and 
                customary for a project finance transaction in the 
                transportation infrastructure sector.
            (5) Regulations.--The Secretary may issue regulations to 
        carry out this subsection.
    (e) Transfers, Availability of Funds.--
            (1) Authorization of appropriations.--
                    (A) Arctic deepwater port development projects.--
                There are authorized to be appropriated to the Arctic 
                Port Infrastructure Development Fund such sums as may 
                be necessary to carry out paragraphs (1) and (2) of 
                subsection (c).
                    (B) Loan guarantees.--There are authorized to be 
                appropriated such sums as may be necessary to cover the 
                cost of loan guarantees under this section, as defined 
                by section 502(5) of the Federal Credit Reform Act of 
                1990 (2 U.S.C. 661a(5)).
            (2) Transfers.--Amounts appropriated or otherwise made 
        available for any fiscal year for an Arctic deepwater port 
        facility may be transferred, at the option of the recipient of 
        such amounts, to the Arctic Port Infrastructure Development 
        Fund and administered by the Secretary as a component of an 
        Arctic deepwater port development project.
            (3) Availability of funds.--Amounts appropriated pursuant 
        to an authorization of appropriations in this subsection and 
        other amounts in the Arctic Port Infrastructure Fund shall 
        remain available until expended.

SEC. 6. ENVIRONMENTAL REVIEWS FOR ARCTIC DEEPWATER PORTS.

    (a) Designation of Lead Agency.--
            (1) In general.--The Secretary--
                    (A) shall be the lead for purposes of complying 
                with the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for the development of an Arctic 
                deepwater port, regardless of the agency or department 
                of the United States taking the action that requires 
                compliance with such Act; and
                    (B) shall be responsible for preparing any 
                environmental review related to such action.
            (2) Consolidation of statements.--In carrying out paragraph 
        (1), with respect to any environmental review for an action 
        related to development of an Arctic deepwater port, the 
        Secretary shall prepare a single document, which shall 
        consolidate the environmental reviews of each agency or 
        department of the United States considering any aspect of such 
        action.
            (3) Satisfaction of requirements.--An environmental review 
        prepared by the Secretary under paragraph (1) for an action 
        related to development of an Arctic deepwater port shall be 
        adopted by each appropriate agency or department of the United 
        States in satisfaction of the responsibilities of such agency 
        or department under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) with respect to such action.
    (b) Expedited Process.--The Secretary shall--
            (1) not later than 1 year after the date that the Secretary 
        determines that an application for an environmental review 
        related to an Arctic deepwater port is complete, issue a draft 
        version of the environmental review; and
            (2) not later than 180 days after the date of issuance of 
        such draft version, issue the final version of the 
        environmental review, unless the Secretary for good cause 
        determines that additional time is needed.
    (c) Cooperation With Other Agencies.--
            (1) In general.--Each agency or department of the United 
        States that, if not for subsection (a), would be required to 
        prepare an environmental review for any aspect of the 
        development of an Arctic deepwater port project shall--
                    (A) cooperate with the Secretary; and
                    (B) comply with deadlines established by subsection 
                (b) for the issuance of the environmental review by the 
                Secretary.

SEC. 7. FEDERAL COORDINATOR FOR ARCTIC DEEPWATER PORT PROJECTS.

    (a) Office of the Federal Arctic Deepwater Port Coordinator.--There 
is established, as an independent office in the Office of the Assistant 
Secretary of the Army for Civil Works of the Department of the Army, 
the Office of the Federal Arctic Deepwater Port Coordinator.
    (b) Coordinator for Arctic Deepwater Port Projects.--
            (1) Appointment.--The Office shall be headed by a Federal 
        Coordinator for Arctic Deepwater Port Projects, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Compensation.--The Coordinator shall be compensated at 
        the rate prescribed for level III of the Executive Schedule set 
        out in section 5314 of title 5, United States Code.
            (3) Duties.--The Coordinator shall be responsible for--
                    (A) coordinating the expeditious discharge of all 
                activities of the agencies and departments of the 
                United States for the preparation of environmental 
                reviews related to the development of an Arctic 
                deepwater port;
                    (B) ensuring the compliance of such agencies or 
                departments with the provisions of this Act;
                    (C) assessing potential partnerships described in 
                section 4 and advising the Secretary on such 
                partnerships; and
                    (D) assessing applications for loan guarantees 
                under section 5(d) and advising the Secretary on such 
                terms as may be advisable to issue such guarantees.
    (c) Prohibition of Certain Terms and Conditions.--No agency or 
department of the United States may include in any certificate, right-
of-way, permit, lease, or other authorization issued for an Arctic 
deepwater port any term or condition that may be permitted, but is not 
required by, any applicable law if the Coordinator determines that such 
term or condition would prevent or impair in any significant respect 
the expeditious construction and operation, or an expansion, of an 
Arctic deepwater port.
    (d) Prohibition of Certain Actions.--Unless required by law, no 
agency or department of the United States shall add to, amend, or 
abrogate any certificate, right-of-way, permit, lease, or other 
authorization issued to an Arctic deepwater port if the Coordinator 
determines that the action would prevent or impair in any significant 
respect the expeditious construction and operation, or an expansion, of 
an Arctic deepwater port.

SEC. 8. ASSISTANCE TO DEVELOPERS OF ARCTIC DEEPWATER PORTS.

    (a) Infrastructure Finance Funding.--Notwithstanding any limitation 
of chapter 6 of title 23, United States Code, a developer of an Arctic 
deepwater port shall be eligible for assistance from the funds made 
available pursuant to such chapter for the development of such port.
    (b) Role of the Coast Guard.--
            (1) In general.--The Commandant of the Coast Guard is 
        authorized--
                    (A) to enter into long-term lease for moorage, 
                warehousing, hangar space, and logistical support with 
                a developer of an Arctic deep water port; and
                    (B) to convey any property deemed surplus to the 
                Coast Guard's needs in Alaska to any Alaskan borough, 
                municipality or native corporation seeking to develop 
                an Arctic deepwater port.

SEC. 9. DEEPWATER PORT ACT OF 1974 AMENDMENT.

    Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502(9)(A)) is amended by striking ``uses'' and inserting ``uses, 
including general handling of cargo, ship service or repair, logistical 
support for government and private sector activities at sea, or service 
as a harbor of refuge,''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $3,000,000 for each fiscal 
year to carry out this Act.
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