Title 48, Territories and Insular PossessionsRelease 119-110

§1421r Port of Guam Improvement Enterprise Program

Title 48 › CHAPTER 8A — GUAM › SUBCHAPTER I — GENERAL PROVISIONS › § 1421r

Last updated Sep 22, 2026|Official source

Summary

Create a Port of Guam Improvement Enterprise Program to plan, design, and build projects that improve the Port of Guam, reduce congestion, and give better access to port facilities. The Maritime Administration’s head (through the Secretary of Transportation) can run the Program, take money for it from federal and nonfederal sources including private groups, speed up reviews under the National Environmental Policy Act of 1969, coordinate other required reviews with agencies, and give technical help to the Port Authority of Guam and its agents. A separate account called the Port of Guam Improvement Enterprise Fund will be in the U.S. Treasury to hold money for the Program. The Fund gets deposits from the sources above, transfers for Program components, and any appropriations. The Administrator may use Fund money to run the Program. Up to 3 percent of amounts appropriated to the Fund each year may pay administrative costs. Fund money stays available until spent. Highway-construction funds or other money not allowed for port improvements cannot be put into the Fund. Sums needed may be appropriated to the Fund.

Full Legal Text

Title 48, §1421r

Territories and Insular Possessions, Source: USLM XML via OLRC

(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 (c) Port of Guam Improvement Enterprise Fund
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.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91–190, 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.

Amendments

2012—Subsec. (e). Pub. L. 112–141 substituted “section 165” for “section 215”. 2011—Subsec. (f). Pub. L. 111–383 inserted period at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Reference

Citations & Metadata

Citation

48 U.S.C. § 1421r

Title 48, Territories and Insular Possessions

Last Updated

Sep 22, 2026

Release point: 119-110