Maritime prosperity zones designated as qualified opportunity zones

(a)

In general

Section 1400Z–1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(f)

Maritime prosperity zones

(1)

In general

Notwithstanding any other provision of this section, a population census tract that is a maritime prosperity zone that is designated as a qualified opportunity zone under paragraph (2) shall be treated as a qualified opportunity zone for purposes of this subchapter. (2)

Designation

For purposes of paragraph (1), a population census tract that is a maritime prosperity zone is designated as a qualified opportunity zone if— (A)the Secretary of Commerce— (i)in consultation with the appropriate officials, nominates the tract for designation as a qualified opportunity zone, and (ii)notifies the Secretary in writing of such nomination, and (B)the Secretary certifies such nomination and designates such tract as a qualified opportunity zone. (3)

Definitions

For purposes of this subsection— (A)

Maritime prosperity zone

The term maritime prosperity zone means a population census tract that is determined by the Secretary of Commerce, in consultation with the appropriate officials, to be an appropriate site for the operation of a maritime industry. (B)

Appropriate officials

The term appropriate officials means— (i)the Secretary of Defense, (ii)the Secretary of the Navy, (iii)the Secretary of Transportation, (iv)the United States Trade Representative, and (v)the Director of the Office of Management and Budget. (4)

Special rules

(A)

Treatment of property and trade or business with respect to maritime prosperity zones

(i)

In general

For purposes of this subchapter, in the case of a population census tract which is designated as a qualified opportunity zone solely by reason of paragraph (2)— (I)property shall not be treated as qualified opportunity zone business property (as defined in section 1400Z–2(d)(2)(D)) with respect to such qualified opportunity zone unless substantially all of the use of such property, during substantially all of the holding period for such property, is in connection with a maritime industry, and (II)a trade or business shall not be treated as a qualified opportunity zone business (as defined in section 1400Z–2(d)(3)) with respect to such qualified opportunity zone unless substantially all of the operation of such trade or business is in connection with a maritime industry. (ii)

Maritime industry

For purposes of this subsection— (I)

In general

The term maritime industry means any industry which is determined by the Secretary to support, directly or indirectly, the construction, reconstruction, repair, rehabilitation, or refurbishment of shipyards, ports, harbor facilities, or vessels. (II)

Certain industries included

Except as otherwise provided by the Secretary, any industry assigned one of the following codes under the 2022 North American Industry Classification System shall be treated as a maritime industry: (aa)332 (Fabricated Metal Product Manufacturing). (bb)3366 (Ship and Boat Building). (cc)336611 (Ship Building and Repairing). (dd)333923 (Overhead Traveling Crane, Hoist, and Monorail System Manufacturing). (ee)334511 (Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing). (ff)4883 (Support Activities for Water Transportation). (gg)483111 (Deep Sea Freight Transportation). (hh)483113 (Coastal and Great Lakes Freight Transportation). (ii)483211 (Inland Water Freight Transportation). (jj)541330 (Engineering Services). (B)

Limitations

(i)

In general

The number of population census tracts that are maritime prosperity zones that may be designated as qualified opportunity zones under paragraph (2) at any time may not exceed 100. (ii)

Limitation on number of low-income community designations unchanged

A population census tract that is a maritime prosperity zone that is designated as a qualified opportunity zone under paragraph (2) shall not be taken into account in determining the limitation under subsection (d).

(b)

Basis increase for investments in qualified maritime prosperity funds

Section 1400Z–2(b)(2) of such Code (as amended by section 70421(c)(2) of Public Law 119–21) is amended— (1)in subparagraph (B)(iii)(I), by inserting or a qualified maritime prosperity fund after qualified rural opportunity fund, and (2)by adding at the end the following new subparagraph:

(D)

Qualified maritime prosperity fund

For purposes of subparagraph (B)(iii), the term qualified maritime prosperity fund has the same meaning given the term qualified rural opportunity fund, determined by substituting maritime prosperity zone (as defined in section 1400Z–1(f)(3)(A)) for qualified opportunity zone comprised entirely of a rural area each place it appears.

(c)

Conforming amendments

(1)Section 1400Z–1(d)(1) of such Code is amended by striking under this section and inserting under subsection (b). (2)Section 1400Z–1(e)(2) of such Code is amended— (A)by striking under this section and inserting under subsection (b) or (f)(2), and (B)by striking subsection (b)(1)(B) and inserting subsection (b)(1)(B) or (f)(2)(B) (as the case may be). (d)

Effective date

The amendments made by this section shall take effect beginning after December 31, 2026. (e)

Deadline To begin nomination and notification process

Not later than July 1, 2027, the Secretary of Commerce shall begin the nomination and notification process referred to in clauses (i) and (ii) of section 1400Z–1(f)(2)(A) of the Internal Revenue Code of 1986 (as added by subsection (a)).