The following pieces of congressional legislation combine to form, fund, and regulate activities related to port conveyance and certain activities managed by the Maritime Administration's Port Conveyance Program:

Statutory Authority

The Surplus Property Act of 1944. This act authorized the former War Assets Administration to transfer surplus Federal real property to: 1) the States 2) their instrumentalities and other tax-supported institutions and 3) nonprofit institutions exempt from taxation under the Internal Revenue Code of 1939.

The Federal Property and Administrative Services Act of 1949. This amended (“Act”) continued the authority to States and their instrumentalities and nonprofit institutions to acquire properties assigned at the discretion of the designated Federal disposal agency.

The National Defense Authorization Act of 1994 (Section 2927 of Public Law 103-160). This act authorized the Secretary of Transportation to convey surplus Federal property to non-Federal public entities for the development and operation of port facilities. This responsibility was delegated to the Maritime Administrator in 49 CFR § 1.93 (g). As a result, the Maritime Administration, in collaboration with the General Services Administration and the Department of Defense, developed the Port Conveyance Program.

Implementing Authority

Authority for administering the Port Conveyance Program was granted to the Secretary of Transportation, which was delegated to the Maritime Administrator, pursuant to 49 CFR § 1.93(g), who delegated the responsibility to the Office of Deepwater Ports & Offshore Activities. The Port Conveyance Program is regulated by 46 CFR § 340 and 46 CFR § 387.

Questions?

For for information about port conveyance program history, contact the Office of Deepwater Ports & Offshore Activities.