II

103D CONGRESS

2D SESSION H.R. 3059

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Received

AN ACT

To establish a National Maritime Heritage Program to make

grants available for educational programs and the restoration of America’s cultural resources for the purpose

of preserving America’s endangered maritime heritage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Maritime

5 Heritage Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:

8 (1) The United States is a nation with a rich

9 maritime history, and it is desirable to foster in the

10 American public a greater awareness and apprecia-
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1 tion of the role of maritime endeavors in our Na2 tion’s history and culture.

3 (2) The maritime historical and cultural foun4 dations of the Nation should be preserved as a part

5 of our community life and development.

6 (3) National, State, and local groups have been

7 working independently to preserve the maritime her8 itage of the United States.

9 (4) Historic resources significant to the Na10 tion’s maritime heritage are being lost or substan11 tially altered, often inadvertently, with increasing

12 frequency.

13 (5) The preservation of this irreplaceable mari14 time heritage is in the public interest so that its

15 vital legacy of cultural, educational, aesthetic, inspi16 rational, and economic benefits will be maintained

17 and enriched for future generations of Americans.

18 (6) The current governmental and nongovern19 mental historic preservation programs and activities

20 are inadequate to ensure future generations a genu21 ine opportunity to appreciate and enjoy the rich

22 maritime heritage of our Nation.

23 (7) A coordinated national program is needed

24 immediately to redress the adverse consequences of

25 a period of indifference during which the maritime
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1 heritage of the United States has become endan2 gered and to ensure the future preservation of the

3 Nation’s maritime heritage.

4 (8) A national maritime heritage policy would

5 greatly increase public awareness of, and participa6 tion in, the preservation of the Nation’s maritime

7 heritage.

8 SEC. 3. NATIONAL MARITIME HERITAGE POLICY.

9 It shall be the policy of the Federal Government, in

10 partnership with the States and local governments and

11 private organizations and individuals, to—

12 (1) use measures, including financial and tech13 nical assistance, to foster conditions under which our

14 modern society and our historic maritime resources

15 can exist in productive harmony;

16 (2) provide leadership in the preservation of the

17 historic maritime resources of the United States;

18 (3) contribute to the preservation of historic

19 maritime resources and give maximum encourage20 ment to organizations and individuals undertaking

21 preservation by private means; and

22 (4) assist State and local governments to ex23 pand their maritime historic preservation programs

24 and activities.
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1 SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PRO2 GRAM.

3 (a) ESTABLISHMENT.—There is hereby established

4 within the Department of the Interior the National Mari5 time Heritage Grants Program, to foster in the American

6 public a greater awareness and appreciation of the role

7 of maritime endeavors in our Nation’s history and culture.

8 The Program shall consist of—

9 (1) annual grants to the National Trust for

10 Historic Preservation for subgrants administered by

11 the National Trust for maritime heritage education

12 projects under subsection (b);

13 (2) grants to State Historic Preservation Offi14 cers for maritime heritage preservation projects car15 ried out or administered by those Officers under

16 subsection (c); and

17 (3) grants for interim projects under subsection

18 (j).

19 (b) GRANTS FOR MARITIME HERITAGE EDUCATION

20 PROJECTS.—

21 (1) GRANTS TO NATIONAL TRUST FOR HIS22 TORIC PRESERVATION.—The Secretary, subject to

23 paragraphs (2), (3), and (4), and the availability of

24 amounts for that purpose under section 6(b)(1)(A),

25 shall make an annual grant to the National Trust

26 for maritime heritage education projects.
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1 (2) USE OF GRANTS.—Amounts received by the

2 National Trust as an annual grant under this sub3 section shall be used to make subgrants to State and

4 local governments and private nonprofit organiza5 tions to carry out education projects which have

6 been approved by the Secretary under subsection (f)

7 and which consist of—

8 (A) assistance to any maritime museum or

9 historical society for—

10 (i) existing and new educational pro11 grams, exhibits, educational activities, con12 servation, and interpretation of artifacts

13 and collections;

14 (ii) minor improvements to edu15 cational and museum facilities; and

16 (iii) other similar activities;

17 (B) activities designed to encourage the

18 preservation of traditional maritime skills, in19 cluding—

20 (i) building and operation of vessels of

21 all sizes and types for educational pur22 poses;

23 (ii) special skills such as wood carv24 ing, sail making, and rigging;
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1 (iii) traditional maritime art forms;

2 and

3 (iv) sail training;

4 (C) other educational activities relating to

5 historic maritime resources, including—

6 (i) maritime educational waterborne7 experience programs in historic vessels or

8 vessel reproductions;

9 (ii) maritime archaeological field

10 schools; and

11 (iii) educational programs on other as12 pects of maritime history;

13 (D) heritage programs focusing on mari14 time historic resources, including maritime her15 itage trails and corridors; or

16 (E) the construction and use of reproduc17 tions of historic maritime resources for edu18 cational purposes, if a historic maritime re19 source no longer exists or would be damaged or

20 consumed through direct use.

21 (c) GRANTS FOR MARITIME HERITAGE PRESERVA22 TION PROJECTS.—

23 (1) GRANTS TO STATE HISTORIC PRESERVA24 TION OFFICES.—The Secretary, acting through the

25 National Maritime Initiative of the National Park
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1 Service and subject to paragraphs (2) and (3), and

2 the availability of amounts for that purpose under

3 section 6(b)(1)(B), shall make grants to State His4 toric Preservation Officers for maritime heritage

5 preservation projects.

6 (2) USE OF GRANTS.—Amounts received by a

7 State Historic Preservation Officer as a grant under

8 this subsection shall be used by the Officer to carry

9 out or to make subgrants to local governments and

10 private nonprofit organizations to carry out, projects

11 which have been approved by the Secretary under

12 subsection (f) for the preservation of historic mari13 time resources through—

14 (A) identification of historic maritime re15 sources, including underwater archaeological

16 sites;

17 (B) acquisition of historic maritime re18 sources for the purposes of preservation;

19 (C) repair, restoration, stabilization, main20 tenance, or other capital improvements to his21 toric maritime resources, in accordance with

22 standards prescribed by the Secretary; and

23 (D) research, recording (through drawings,

24 photographs, or otherwise), planning (through

25 feasibility studies, architectural and engineering
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1 services, or otherwise), and other services car2 ried out as part of a preservation program for

3 historic maritime resources.

4 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT

5 ELIGIBILITY.—To qualify for a subgrant from the Na6 tional Trust under subsection (b), or a direct grant to or

7 a subgrant from a State Historic Preservation Officer

8 under subsection (c), a person must—

9 (1) demonstrate that the project for which the

10 direct grant or subgrant will be used has the poten11 tial for reaching a broad audience with an effective

12 educational program based on American maritime

13 history, technology, or the role of maritime endeav14 ors in American culture;

15 (2) match the amount of the direct grant or

16 subgrant, on a 1-to-1 basis, with non-Federal assets

17 from non-Federal sources, which may include cash

18 or donated services fairly valued as determined by

19 the Secretary;

20 (3) maintain records as may be reasonably nec21 essary to fully disclose—

22 (A) the amount and the disposition of the

23 proceeds of the direct grant or subgrant;

24 (B) the total cost of the project for which

25 the direct grant or subgrant is made; and
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1 (C) other records as may be required by

2 the Secretary, including such records as will fa3 cilitate an effective accounting for project

4 funds;

5 (4) provide access to the Secretary for the pur6 poses of any required audit and examination of any

7 books, documents, papers, and records of the person;

8 and

9 (5) be a unit of State or local government, or

10 a private nonprofit organization.

11 (e) PROCEDURES, TERMS, AND CONDITIONS.—

12 (1) APPLICATION PROCEDURES.—An applica13 tion for a subgrant under subsection (b), or a direct

14 grant or subgrant under subsection (c), shall be sub15 mitted under procedures prescribed by the Sec16 retary.

17 (2) TERMS AND CONDITIONS.—A person may

18 not receive a subgrant under subsection (b), or a di19 rect grant or subgrant under subsection (c), unless

20 the person has agreed to assume, after completion of

21 the project for which the direct grant or subgrant is

22 awarded, the total cost of the continued mainte23 nance, repair, and administration of any property

24 for which the subgrant will be used in a manner sat25 isfactory to the Secretary.
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1 (f) REVIEW OF PROPOSALS.—

2 (1) COMMITTEE RECOMMENDATIONS.—The Na3 tional Maritime Heritage Grants Committee shall re4 view applications for subgrants under subsection (b),

5 and direct grants or subgrants under subsection (c),

6 and submit recommendations to the Secretary re7 garding projects which should receive funding under

8 those direct grants and subgrants.

9 (2) ALLOCATION OF GRANT FUNDING.—To the

10 extent feasible, the Secretary shall ensure that the

11 amount made available under subsection (b) for

12 maritime heritage education projects is equal to the

13 amount made available under subsection (c) for mar14 itime heritage preservation projects.

15 (3) LIMITATION.—The amount provided by the

16 Secretary in a fiscal year as grants under this sec17 tion for projects relating to historic maritime re18 sources owned or operated by the Federal Govern19 ment shall not exceed 40 percent of the total amount

20 available for the fiscal year for grants under this

21 section.

22 (g) DIRECT GRANTS AND SUBGRANTS PROCESS.—

23 (1) DIRECT GRANTS AND SUBGRANTS SOLICITA24 TION.—The Secretary shall publish annually in the
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1 Federal Register and otherwise as the Secretary con2 siders appropriate—

3 (A) a solicitation of applications for direct

4 grants and subgrants under this section;

5 (B) a list of priorities for the making of

6 those direct grants and subgrants;

7 (C) a single deadline for the submission of

8 applications for those direct grants and

9 subgrants; and

10 (D) other relevant information.

11 (2) RECEIPT AND APPROVAL OR DISAPPROVAL

12 OF DIRECT GRANT AND SUBGRANT APPLICATIONS.—

13 Within 60 days after the submission of recommenda14 tions by the Committee to the Secretary under sub15 section (h)(6), the Secretary shall review and ap16 prove or disapprove a direct grant or subgrant for

17 each project recommended by the Committee and

18 provide to the Committee and the applicant the rea19 sons for that approval or disapproval.

20 (h) DIRECT GRANT AND SUBGRANT ADMINISTRA21 TION.—The National Trust shall be responsible for admin22 istering subgrants for maritime heritage education

23 projects under subsection (b), the Secretary shall be re24 sponsible for administering direct grants for maritime her25 itage preservation projects under subsection (c), and the
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1 various State Historic Preservation Officers shall be re2 sponsible for administering subgrants for maritime herit3 age preservation projects under subsection (c), by—

4 (1) publicizing the Program to prospective

5 grantees, subgrantees, and to the public at large, in

6 cooperation with the National Park Service, the

7 Maritime Administration, and other appropriate gov8 ernment agencies and private institutions;

9 (2) answering inquiries from the public, includ10 ing providing information on the Program as re11 quested;

12 (3) distributing direct grant and subgrant ap13 plications;

14 (4) receiving direct grant and subgrant applica15 tions and ensuring their completeness;

16 (5) forwarding the applications to the Commit17 tee for review and recommendation;

18 (6) submitting to the Secretary applications

19 that the Committee recommends should be approved

20 by the Secretary;

21 (7) keeping records of all direct grant and

22 subgrant awards and expenditures of funds;

23 (8) monitoring progress of projects carried out

24 with direct grants and subgrants; and
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1 (9) providing to the Secretary such progress re2 ports as may be required by the Secretary.

3 (i) ASSISTANCE OF MARITIME PRESERVATION ORGA4 NIZATIONS.—The Secretary, the National Trust, and the

5 State Historic Preservation Officers may, individually or

6 jointly, enter into cooperative agreements with any private

7 nonprofit organization with appropriate expertise in mari8 time preservation issues, or other qualified maritime pres9 ervation organizations, to assist in the administration of

10 the Program.

11 (j) GRANTS FOR INTERIM PROJECTS.—

12 (1) GRANTS AUTHORITY.—The Secretary, sub13 ject to paragraph (3), may use amounts available

14 under section 6(b)(2) to make one or more grants

15 described in paragraph (2).

16 (2) GRANTS DESCRIBED.—The grants referred

17 to in paragraph (1) are the following:

18 (A) A grant to the National Museum Asso19 ciation (a nonprofit organization located in San

20 Francisco, California) for payment of expenses

21 directly related to the preservation and restora22 tion of the historic fleet of the San Francisco

23 Maritime National Historical Park, located in

24 San Francisco, California.
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1 (B) A grant to the Virginia V Foundation

2 (a nonprofit organization) for use in restoration

3 and preservation of the historic steamship VIR4 GINIA V.

5 (C) A grant to any nonprofit organization

6 which operates and maintains a former hospital

7 ship to be converted to engage in public health

8 activities, for use in refurbishing and maintain9 ing the ship for those activities.

10 (D) A grant to the Mariners’ Museum (a

11 not-for-profit educational institution located in

12 Newport News, Virginia, for use for expenses

13 directly related to the computerization of the li14 brary and archives of that museum, including

15 for the purpose of providing to the public en16 hanced national access to those materials.

17 (E) A grant for each of fiscal years 1996,

18 1997, 1998, 1999, and 2000 to the Center for

19 Maritime and Underwater Resource Manage20 ment at Michigan State University, for a pilot

21 project to plan, design, implement, and evaluate

22 innovative approaches to management and de23 velopment of maritime and underwater cultural

24 resources at the following sites: Thunder Bay,

25 the Manitou Passage, Isle Royale National
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1 Park, Keweenaw Peninsula, Marquette County,

2 Alger County, Whitefish Point, the Straits of

3 Mackinac, the Thumb Area, and Sanilac

4 Shores.

5 (3) GRANT CONDITIONS.—The Secretary may

6 not make a grant under this subsection unless the

7 grantee complies with the requirements set forth in

8 paragraphs (1) through (5) of section 4(d).

9 (k) REPORT TO CONGRESS.—The Secretary shall

10 submit to the Congress, after review by the Committee,

11 an annual report on the Program, including—

12 (1) a description of each project funded under

13 the Program in the period covered by the report;

14 (2) the results or accomplishments of each such

15 project; and

16 (3) recommended priorities for achieving the

17 policy set forth in section 3.

18 SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY

19 COMMITTEE.

20 (a) ESTABLISHMENT.—There is hereby established a

21 National Maritime Heritage Grants Advisory Committee.

22 (b) MEMBERSHIP.—

23 (1) IN GENERAL.—The Committee shall consist

24 of 13 members appointed by the Secretary from

25 among individual members of the public who—
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1 (A) are representatives of various sectors

2 of the maritime community who are knowledge3 able and experienced in maritime heritage and

4 preservation;

5 (B) to the extent practicable, are selected

6 in a manner that ensures regional geographic

7 balance;

8 (C) to the extent practicable, include a rep9 resentative of each of the fields of—

10 (i) small craft preservation;

11 (ii) large vessel preservation;

12 (iii) sail training;

13 (iv) preservation architecture;

14 (v) underwater archaeology;

15 (vi) lighthouse preservation;

16 (vii) maritime education;

17 (viii) military naval history;

18 (ix) maritime museums or historical

19 societies;

20 (x) maritime arts and crafts;

21 (xi) maritime heritage tourism; and

22 (xii) maritime recreational resources

23 management; and

24 (D) include a member of the general pub25 lic.
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1 (2) EX OFFICIO MEMBERS.—In addition to the

2 members appointed under paragraph (1), the Presi3 dent of the National Trust and the President of the

4 National Conference of State Historic Preservation

5 Officers (or their respective designees) shall be ex

6 officio voting members of the Committee.

7 (3) TERM.—The term of a member of the Com8 mittee appointed under paragraph (1) shall be 3

9 years, except that of the members first appointed 4

10 shall be appointed for an initial term of 1 year and

11 4 shall be appointed for an initial term of 2 years,

12 as specified by the Secretary at the time of appoint13 ment.

14 (4) COMPLETION OF APPOINTMENTS.—The

15 Secretary shall complete appointment of the mem16 bers of the Committee under paragraph (1) by not

17 later than 120 days after the date of enactment of

18 this Act.

19 (5) VACANCIES.—In the case of a vacancy in

20 the membership of the Committee appointed under

21 paragraph (1), the Secretary shall appoint an indi22 vidual to serve the remainder of the term that is va23 cant by not later than 60 days after the vacancy oc24 curs.
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1 (c) FEDERAL GOVERNMENT EX OFFICIO MEM2 BERS.—There shall be ex officio Federal Government

3 members of the Committee as follows:

4 (1) At least 1 individual designated by each

5 of—

6 (A) the Director of the National Park

7 Service;

8 (B) the Administrator of the Maritime Ad9 ministration;

10 (C) the Commandant of the Coast Guard;

11 (D) the Secretary of the Navy;

12 (E) the Administrator of the National Oce13 anic and Atmospheric Administration; and

14 (F) the Advisory Council on Historic Pres15 ervation.

16 (2) Other representatives designated by the

17 heads of such other interested Federal Government

18 agencies as the Secretary considers appropriate.

19 (d) DUTIES OF THE COMMITTEE.—The duties of the

20 Committee include—

21 (1) reviewing direct grant and subgrant propos22 als and making funding recommendations to the

23 Secretary;
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1 (2) identifying and advising the Secretary re2 garding priorities for achieving the policy set forth

3 in section 3;

4 (3) reviewing the Secretary’s annual report to

5 the Congress under section 4(k); and

6 (4) performing any other duties the Secretary

7 considers appropriate.

8 (e) QUORUM.—Nine members of the Committee shall

9 constitute a quorum for making recommendations on

10 subgrant applications.

11 (f) APPOINTMENTS PROCESS.—The Secretary

12 shall—

13 (1) publicize annually, in the Federal Register

14 and through publications of preservation and mari15 time organizations, a request for submission of

16 nominations for appointments to the Committee

17 under subsection (b)(1); and

18 (2) designate from among the members of the

19 Committee—

20 (A) a Chairman; and

21 (B) a Vice Chairman who may act in place

22 of the Chairman during the absence or disabil23 ity of the Chairman or when the office of Chair24 man is vacant.
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1 (g) COMPENSATION AND TRAVEL EXPENSES.—An

2 individual shall not receive any pay by reason of member3 ship on the Committee. While away from home or regular

4 place of business in the performance of service for the

5 Committee, a member of the Committee shall be allowed

6 travel expenses, including per diem in lieu of subsistence,

7 in the same manner as a person employed intermittently

8 in the Government service is allowed expenses under sec9 tion 5703 of title 5, United States Code.

10 (h) STAFF OF FEDERAL AGENCIES.—Upon request

11 of the Committee, the Secretary may detail, on a reim12 bursable basis, any of the personnel of the Department

13 of the Interior to the Committee to assist it in carrying

14 out its duties under this Act.

15 (i) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

16 request of the Committee, the National Trust shall provide

17 to the Committee the support services necessary for the

18 Committee to carry out its duties under this Act.

19 (j) RELATIONSHIP TO OTHER LAW.—The Federal

20 Advisory Committee Act (5 U.S.C. App.) shall apply to

21 the Committee, except that meetings of the Committee

22 may be closed to the public by majority vote and section

23 14(b) of that Act does not apply to the Committee.

24 (k) TERMINATION.—The Committee shall terminate

25 on September 30, 2000.
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1 SEC. 6. FUNDING.

2 (a) AVAILABILITY OF FUNDS FROM SALE AND

3 SCRAPPING OF OBSOLETE VESSELS.—

4 (1) IN GENERAL.—Notwithstanding any other

5 provision of law, the amount of funds credited in a

6 fiscal year to the Vessel Operations Revolving Fund

7 established by the Act of June 2, 1951 (46 App.

8 U.S.C. 1241a), that is attributable to the sale of ob9 solete vessels in the National Defense Reserve Fleet

10 that are scrapped or sold under section 508 of the

11 Merchant Marine Act, 1936 (46 App. U.S.C. 1158)

12 shall be available until expended as follows:

13 (A) 50 percent shall be available to the Ad14 ministrator of the Maritime Administration for

15 such acquisition, maintenance, repair, recondi16 tioning, or improvement of vessels in the Na17 tional Defense Reserve Fleet as is authorized

18 under other Federal law.

19 (B) 25 percent shall be available to the

20 Administrator of the Maritime Administration

21 for the payment or reimbursement of expenses

22 incurred by or on behalf of State maritime

23 academies or the United States Merchant Ma24 rine Academy for facility and training ship

25 maintenance, repair, and modernization, and

26 for the purchase of simulators and fuel.
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1 (C) The remainder shall be available to the

2 Secretary to carry out the Program, as provided

3 in subsection (b).

4 (2) APPLICATION.—Paragraph (1) does not

5 apply to amounts credited to the Vessel Operations

6 Revolving Fund before July 1, 1994.

7 (b) USE OF AMOUNTS FOR PROGRAM.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), of amounts available each fiscal year for

10 the Program under subsection (a)(1)(C)—

(A) 1 11 ⁄2 shall be used for grants under sec12 tion 4(b); and

(B) 1 13 ⁄2 shall be used for grants under sec14 tion 4(c).

15 (2) USE FOR INTERIM PROJECTS.—Amounts

16 available for the Program under subsection (a)(1)(C)

17 that are the proceeds of any of the first 6 obsolete

18 vessels in the National Defense Reserve Fleet that

19 are sold or scrapped after July 1, 1994, under sec20 tion 508 of the Merchant Marine Act, 1936 (46

21 U.S.C. 1158) are available to the Secretary for

22 grants for interim projects approved under section

23 4(j) of this Act.

24 (3) ADMINISTRATIVE EXPENSES.—
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1 (A) IN GENERAL.—Not more than 15 per2 cent or $500,000, whichever is less, of the

3 amount available for the Program under sub4 section (a)(1)(C) for a fiscal year may be used

5 for expenses of administering the Program.

6 (B) ALLOCATION.—Of the amount avail7 able under subparagraph (A) for a fiscal year—

(i) 1 8 ⁄2 shall be allocated to the Na9 tional Trust for expenses incurred in ad10 ministering grants under section 4(b); and

(ii) 1 11 ⁄2 shall be allocated as appro12 priate by the Secretary to the National

13 Park Service and participating State His14 toric Preservation Officers.

15 (c) DISPOSALS OF VESSELS.—

16 (1) REQUIREMENT.—The Secretary of Trans17 portation shall dispose of all vessels described in

18 paragraph (2)—

19 (A) by September 30, 1999;

20 (B) in a manner that maximizes the return

21 on the vessels to the United States; and

22 (C) in accordance with the plan of the De23 partment of Transportation for disposal of

24 those vessels and requirements under sections
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1 508 and 510(i) of the Merchant Marine Act,

2 1936 (46 App. U.S.C. 1158, 1160(i)).

3 (2) VESSELS DESCRIBED.—The vessels referred

4 to in paragraph (1) are the vessels in the National

5 Defense Reserve Fleet after July 1, 1994, that—

6 (A) are not assigned to the Ready Reserve

7 Force component of that fleet; and

8 (B) are not specifically authorized or re9 quired by statute to be used for a particular

10 purpose.

11 (d) TREATMENT OF AMOUNTS AVAILABLE.—

12 Amounts available under this section shall not be consid13 ered in any determination of the amounts available to the

14 Department of the Interior.

15 SEC. 7. DEFINITIONS.

16 In this Act:

17 (1) COMMITTEE.—The term ‘‘Committee’’

18 means the Maritime Heritage Grants Advisory Com19 mittee established under section 5.

20 (2) NATIONAL TRUST.—The term ‘‘National

21 Trust’’ means the National Trust for Historic Pres22 ervation created by section 1 of the Act of October

23 26, 1949 (16 U.S.C. 468).

24 (3) PRIVATE NONPROFIT ORGANIZATION.—The

25 term ‘‘private nonprofit organization’’ means any
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1 person that is exempt from taxation under section

2 501(a) of the Internal Revenue Code of 1986 (26

3 U.S.C. 501(a)) and described in section 501(c)(3) of

4 that Code (26 U.S.C. 501(c)(3)).

5 (4) PROGRAM.—The term ‘‘Program’’ means

6 the National Maritime Heritage Grants Program es7 tablished by section 4(a).

8 (5) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior.

10 (6) STATE HISTORIC PRESERVATION OFFI11 CER.—The term ‘‘State Historic Preservation Offi12 cer’’ means a State Historic Preservation Officer ap13 pointed pursuant to paragraph (1)(A) of section

14 101(b) of the National Historic Preservation Act (16

15 U.S.C. 470a(b)(1)(A)) by the Governor of a State

16 having a State Historic Preservation Program ap17 proved by the Secretary under that section.

18 SEC. 8. REGULATIONS.

19 The Secretary, after consultation with the National

20 Trust, the National Conference of State Historic Preser21 vation Officers, and appropriate members of the maritime

22 heritage community, shall promulgate appropriate guide23 lines, procedures, and regulations within 1 year after the

24 date of enactment of this Act to carry out the Act, includ25 ing regulations establishing terms of office for the initial
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1 membership of the Committee, direct grant and subgrant

2 priorities, the method of solicitation and review of direct

3 grant and subgrant proposals, criteria for review of direct

4 grant and subgrant proposals, administrative require5 ments, reporting and recordkeeping requirements, and any

6 other requirements the Secretary considers appropriate.

7 SEC. 9. SAVINGS PROVISION.

8 The authorities contained in this Act shall be in addi9 tion to, and shall not be construed to supercede or modify

10 those contained in the National Historic Preservation Act

11 (16 U.S.C. 470–470x–6).

12 SEC. 10. AUTHORITY TO CONVEY VESSEL TO THE BATTLE

13 OF THE ATLANTIC HISTORICAL SOCIETY.

14 (a) IN GENERAL.—Notwithstanding any other law,

15 the Secretary of Transportation may convey the right,

16 title, and interest of the United States Government in and

17 to the vessel S/S AMERICAN VICTORY (Victory Ship

18 VC2–S–AP3; United States official number 248005), or

19 a vessel of a comparable size and class, to the Battle of

20 the Atlantic Historical Society (in this section referred to

21 as ‘‘the recipient’’), if—

22 (1) the recipient agrees to use the vessel for the

23 purposes of a Merchant Marine memorial, historical

24 preservation, and educational activities;
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1 (2) the vessel is not used for commercial trans2 portation purposes;

3 (3) the recipient agrees to make the vessel

4 available to the Government if the Secretary of

5 Transportation requires use of the vessel by the

6 Government for war or a national emergency;

7 (4) the recipient agrees that when the recipient

8 no longer requires the vessel for use for the purposes

9 described in paragraph (1)—

10 (A) the recipient will, at the discretion of

11 the Secretary of Transportation, reconvey the

12 vessel to the Government in good condition ex13 cept for ordinary wear and tear; or

14 (B) if the recipient has decided to dissolve

15 according to the laws of the State of New York,

16 then—

17 (i) the recipient shall distribute the

18 vessel, as an asset of the recipient, to a

19 person that is described in section

20 501(c)(3) of the Internal Revenue Code of

21 1986 (26 U.S.C. 501(c)(3)) and that is ex22 empt from taxation under section 501(a)

23 of that Code (26 U.S.C. 501(a)), or to the

24 Federal Government or a State or local

25 government for a public purpose; and
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1 (ii) the vessel shall be disposed of by

2 a court of competent jurisdiction of the

3 county in which the principal office of the

4 recipient is located, for such purposes as

5 the court shall determine, or to such orga6 nizations as the court shall determine are

7 organized exclusively for public purposes;

8 (5) the recipient agrees to hold the Government

9 harmless for any claims arising from exposure to as10 bestos after conveyance of the vessel, except for

11 claims arising from use by the Government under

12 paragraph (3) or (4);

13 (6) the recipient has available, for use to re14 store the vessel, in the form of cash, liquid assets,

15 or a written loan commitment, financial resources of

16 at least $100,000; and

17 (7) the recipient is described in section

18 501(c)(3) of the Internal Revenue Code of 1986 (26

19 U.S.C. 501(c)(3)) and is exempt from taxation

20 under section 501(a) of that Code (26 U.S.C.

21 501(a)).

22 (b) DELIVERY OF VESSEL.—If a conveyance is made

23 under this section, the Secretary of Transportation shall

24 deliver the vessel at the place where the vessel is located
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•HR 3059 RDS

1 on the date of enactment of this Act, in its present condi2 tion, without cost to the Government.

3 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

4 of Transportation may convey to the recipient any

5 unneeded equipment from other vessels in the National

6 Defense Reserve Fleet for use to restore the S/S AMER7 ICAN VICTORY, or a vessel of a comparable size and

8 class, to museum quality.

9 (d) TERMINATION OF AUTHORITY.—The authority of

10 the Secretary of Transportation under this section to con11 vey a vessel to the Battle of the Atlantic Historical Society

12 shall expire 2 years after the date of enactment of this

13 Act.

14 (e) REVERSIONARY INTEREST OF THE UNITED

15 STATES.—All right, title, and interest in and to a vessel

16 that is conveyed under subsection (a) to and held by the

17 recipient shall revert to the United States at any time that

18 it is finally determined that the recipient is not exempt

19 from taxation under section 501(a) of the Internal Reve20 nue Code of 1986 (26 U.S.C. 501(a)).

21 SEC. 11. AUTHORITY TO CONVEY VESSEL TO WARSAW, KEN22 TUCKY.

23 (a) AUTHORITY TO CONVEY.—Notwithstanding any

24 other provision of law, the Secretary of Transportation

25 may, subject to subsection (c), convey to the City of War-
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•HR 3059 RDS

1 saw, Kentucky, without consideration, for use by the City

2 for the promotion of economic development and tourism,

3 all right, title, and interest of the United States in a ves4 sel, including related spare parts and vessel equipment,

5 which—

6 (1) is in the National Defense Reserve Fleet on

7 the date of enactment of this Act;

8 (2) has no usefulness to the United States Gov9 ernment; and

10 (3) is scheduled to be scrapped.

11 (b) DELIVERY.—At the request of the City of War12 saw, Kentucky, the Secretary of Transportation is author13 ized to deliver the vessel referred to in subsection (a)—

14 (1) at the place where the vessel is located on

15 the date of the approval of the conveyance;

16 (2) in its condition on that date; and

17 (3) without cost to the United States Govern18 ment.

19 (c) CONDITIONS.—As a condition of any conveyance

20 of a vessel under subsection (a), the Secretary of Trans21 portation shall require that the City—

22 (1) raise, before the date of the conveyance, at

23 least $100,000 from non-Federal sources to support

24 the intended use of the vessel;
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•HR 3059 RDS

1 (2) agree to indemnify the United States for

2 any liability arising from or caused by the vessel

3 after the date of the conveyance of the vessel, includ4 ing liability—

5 (A) for personal injury or damage to prop6 erty;

7 (B) related to the delivery of the vessel to

8 the City; and

9 (C) related to asbestos; and

10 (3) comply with any other conditions the Sec11 retary considers appropriate.

12 (d) UNITED STATES NOT LIABLE.—Notwithstanding

13 any other provision of law, the Government of the United

14 States shall not be liable to any person for any liability

15 described in subsection (c)(2).

16 (e) TERMINATION OF AUTHORITY.—The authority of

17 the Secretary of Transportation under this section to con18 vey a vessel to the City of Warsaw, Kentucky, shall expire

19 2 years after the date of enactment of this Act.

20 SEC. 12. AUTHORITY TO CONVEY VESSEL TO ASSISTANCE

21 INTERNATIONAL, INC.

22 (a) CONVEYANCE.—Notwithstanding any other law,

23 the Secretary of Transportation may convey, without com24 pensation and by not later than September 30, 1996, all

25 right, title, and interest of the United States Government
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•HR 3059 RDS

1 in and to the vessels L.S.T. TIOGA COUNTY, R.V.

2 LYNCH, and L.S.T. LORRAINE COUNTY, including

3 related spare parts and vessel equipment, to the nonprofit

4 corporation Assistance International, Inc. (hereinafter in

5 this section referred to as the ‘‘recipient’’), for use in

6 emergencies, vocational training, and economic develop7 ment programs.

8 (b) CONDITIONS.—As a condition of any vessel con9 veyance under this section the Secretary of Transportation

10 shall require the recipient to—

11 (1) agree to use the vessel solely for nonprofit

12 activities;

13 (2) agree to not use the vessel for commercial

14 transportation purposes in competition with any

15 United States-flag vessel;

16 (3) agree to make the vessel available to the

17 Government whenever use of the vessel is required

18 by the Government;

19 (4) agree that, whenever the recipient no longer

20 requires the use of the vessel for its nonprofit activi21 ties, the recipient shall—

22 (A) at the discretion of the Secretary of

23 Transportation, reconvey the vessel to the Gov24 ernment in as good a condition as when it was
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•HR 3059 RDS

1 received from the Government, except for ordi2 nary wear and tear; and

3 (B) deliver the vessel to the Government at

4 the place where the vessel was delivered to the

5 recipient;

6 (5) agree to hold the Government harmless for

7 any claim arising after conveyance of the vessel, ex8 cept for claims against the Government arising dur9 ing the use of the vessel by the Government under

10 paragraph (3) or (4);

11 (6) have available at least $100,000 from non12 Federal sources to support the intended uses of the

13 vessels; and

14 (7) agree to any other conditions the Secretary

15 of Transportation considers appropriate.

16 (c) DELIVERY.—The Secretary of Transportation

17 shall deliver each vessel conveyed under this section to the

18 recipient—

19 (1) at the place where the vessel is located on

20 the date of enactment of this Act;

21 (2) in its condition on July 25, 1991, except for

22 ordinary wear and tear occurring after that date;

23 and

24 (3) without cost to the Government.
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•HR 3059 RDS

1 (d) TERMINATION OF AUTHORITY.—The Authority

2 of the Secretary of Transportation under this section to

3 convey vessels to Assistance International, Inc., shall ex4 pire 2 years after the date of enactment of this Act.

5 SEC. 13. AUTHORITY TO CONVEY VESSEL TO THE RIO

6 GRANDE MILITARY MUSEUM.

7 (a) IN GENERAL.—Notwithstanding any other law,

8 the Secretary of Transportation may convey the right,

9 title, and interest of the United States Government in and

10 to the vessel USS SPHINX (ARL–24), to the Rio Grande

11 Military Museum (a not-for-profit corporation, hereinafter

12 in this section referred to as the ‘‘recipient’’) for use as

13 a military museum, if—

14 (1) the recipient agrees to use the vessel as a

15 nonprofit military museum;

16 (2) the vessel is not used for commercial trans17 portation purposes;

18 (3) the recipient agrees to make the vessel

19 available to the Government when the Secretary of

20 Transportation requires use of the vessel by the

21 Government;

22 (4) the recipient agrees that when the recipient

23 no longer requires the vessel for use as a military

24 museum—
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•HR 3059 RDS

1 (A) the recipient will at the discretion of

2 the Secretary of Transportation, reconvey the

3 vessel to the Government in good condition ex4 cept for ordinary wear and tear; or

5 (B) if the Board of Directors of the recipi6 ent has decided to dissolve the recipient accord7 ing to the laws of the State of Texas, then—

8 (i) the recipient shall distribute the

9 vessel, as an asset of the recipient, to a

10 person that has been determined exempt

11 from taxation under the provisions of sec12 tion 501(c)(3) of the Internal Revenue

13 Code, or to the Federal Government or a

14 State or local government for a public pur15 pose; and

16 (ii) the vessel shall be disposed of by

17 a court of competent jurisdiction of the

18 county in which the principal office of the

19 recipient is located, for such purposes as

20 the court shall determine, or to such orga21 nizations as the court shall determine are

22 organized exclusively for public purposes;

23 (5) the recipient agrees to hold the Government

24 harmless for any claims arising from exposure to as25 bestos after conveyance of the vessel, except for
36

•HR 3059 RDS

1 claims arising from use by the Government under

2 paragraph (3) or (4); and

3 (6) the recipient has available, for use to re4 store the vessel, in the form of cash, liquid assets,

5 or a written loan commitment, financial resources of

6 at least $100,000.

7 (b) DELIVERY OF VESSEL.—If a conveyance is made

8 under this section, the Secretary of Transportation shall

9 deliver the vessel at the place where the vessel is located

10 on the date of enactment of this Act, in its present condi11 tion, without cost to the Government.

12 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

13 of Transportation may also convey any unneeded equip14 ment from other vessels in the National Defense Reserve

15 Fleet in order to restore the USS SPHINX (ARL–24) to

16 museum quality.

17 (d) TERMINATION OF AUTHORITY.—The authority of

18 the Secretary of Transportation under this section to con19 vey a vessel to the Rio Grande Military Museum shall ex20 pire 2 years after the date of enactment of this Act.

Passed the House of Representatives October 5,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

HR. 3059 RDS——2

HR. 3059 RDS——3