103D CONGRESS

2D SESSION H. R. 3059

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 apprecia11 tion of the role of maritime endeavors in our Na12 tion’s history and culture.

13 (2) The maritime historical and cultural foun14 dations of the Nation should be preserved as a part

15 of our community life and development.
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1 (3) National, State, and local groups have been

2 working independently to preserve the maritime her3 itage of the United States.

4 (4) Historic resources significant to the Na5 tion’s maritime heritage are being lost or substan6 tially altered, often inadvertently, with increasing

7 frequency.

8 (5) The preservation of this irreplaceable mari9 time heritage is in the public interest so that its

10 vital legacy of cultural, educational, aesthetic, inspi11 rational, and economic benefits will be maintained

12 and enriched for future generations of Americans.

13 (6) The current governmental and nongovern14 mental historic preservation programs and activities

15 are inadequate to ensure future generations a genu16 ine opportunity to appreciate and enjoy the rich

17 maritime heritage of our Nation.

18 (7) A coordinated national program is needed

19 immediately to redress the adverse consequences of

20 a period of indifference during which the maritime

21 heritage of the United States has become endan22 gered and to ensure the future preservation of the

23 Nation’s maritime heritage.

24 (8) A national maritime heritage policy would

25 greatly increase public awareness of, and participa-
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1 tion in, the preservation of the Nation’s maritime

2 heritage.

3 SEC. 3. NATIONAL MARITIME HERITAGE POLICY.

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

5 partnership with the States and local governments and

6 private organizations and individuals, to—

7 (1) use measures, including financial and tech8 nical assistance, to foster conditions under which our

9 modern society and our historic maritime resources

10 can exist in productive harmony;

11 (2) provide leadership in the preservation of the

12 historic maritime resources of the United States;

13 (3) contribute to the preservation of historic

14 maritime resources and give maximum encourage15 ment to organizations and individuals undertaking

16 preservation by private means; and

17 (4) assist State and local governments to ex18 pand their maritime historic preservation programs

19 and activities.

20 SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PRO21 GRAM.

22 (a) ESTABLISHMENT.—There is hereby established

23 within the Department of the Interior the National Mari24 time Heritage Grants Program, to foster in the American

25 public a greater awareness and appreciation of the role
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1 of maritime endeavors in our Nation’s history and culture.

2 The Program shall consist of—

3 (1) annual grants to the National Trust for

4 Historic Preservation for subgrants administered by

5 the National Trust for maritime heritage education

6 projects under subsection (b);

7 (2) grants to State Historic Preservation Offi8 cers for maritime heritage preservation projects car9 ried out or administered by those Officers under

10 subsection (c); and

11 (3) grants for interim projects under subsection

12 (j).

13 (b) GRANTS FOR MARITIME HERITAGE EDUCATION

14 PROJECTS.—

15 (1) GRANTS TO NATIONAL TRUST FOR HIS16 TORIC PRESERVATION.—The Secretary, subject to

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

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

19 shall make an annual grant to the National Trust

20 for maritime heritage education projects.

21 (2) USE OF GRANTS.—Amounts received by the

22 National Trust as an annual grant under this sub23 section shall be used to make subgrants to State and

24 local governments and private nonprofit organiza25 tions to carry out education projects which have
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1 been approved by the Secretary under subsection (f)

2 and which consist of—

3 (A) assistance to any maritime museum or

4 historical society for—

5 (i) existing and new educational pro6 grams, exhibits, educational activities, con7 servation, and interpretation of artifacts

8 and collections;

9 (ii) minor improvements to edu10 cational and museum facilities; and

11 (iii) other similar activities;

12 (B) activities designed to encourage the

13 preservation of traditional maritime skills, in14 cluding—

15 (i) building and operation of vessels of

16 all sizes and types for educational pur17 poses;

18 (ii) special skills such as wood carv19 ing, sail making, and rigging;

20 (iii) traditional maritime art forms;

21 and

22 (iv) sail training;

23 (C) other educational activities relating to

24 historic maritime resources, including—
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1 (i) maritime educational waterborne2 experience programs in historic vessels or

3 vessel reproductions;

4 (ii) maritime archaeological field

5 schools; and

6 (iii) educational programs on other as7 pects of maritime history;

8 (D) heritage programs focusing on mari9 time historic resources, including maritime her10 itage trails and corridors; or

11 (E) the construction and use of reproduc12 tions of historic maritime resources for edu13 cational purposes, if a historic maritime re14 source no longer exists or would be damaged or

15 consumed through direct use.

16 (c) GRANTS FOR MARITIME HERITAGE PRESERVA17 TION PROJECTS.—

18 (1) GRANTS TO STATE HISTORIC PRESERVA19 TION OFFICES.—The Secretary, acting through the

20 National Maritime Initiative of the National Park

21 Service and subject to paragraphs (2) and (3), and

22 the availability of amounts for that purpose under

23 section 6(b)(1)(B), shall make grants to State His24 toric Preservation Officers for maritime heritage

25 preservation projects.
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1 (2) USE OF GRANTS.—Amounts received by a

2 State Historic Preservation Officer as a grant under

3 this subsection shall be used by the Officer to carry

4 out or to make subgrants to local governments and

5 private nonprofit organizations to carry out, projects

6 which have been approved by the Secretary under

7 subsection (f) for the preservation of historic mari8 time resources through—

9 (A) identification of historic maritime re10 sources, including underwater archaeological

11 sites;

12 (B) acquisition of historic maritime re13 sources for the purposes of preservation;

14 (C) repair, restoration, stabilization, main15 tenance, or other capital improvements to his16 toric maritime resources, in accordance with

17 standards prescribed by the Secretary; and

18 (D) research, recording (through drawings,

19 photographs, or otherwise), planning (through

20 feasibility studies, architectural and engineering

21 services, or otherwise), and other services car22 ried out as part of a preservation program for

23 historic maritime resources.

24 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT

25 ELIGIBILITY.—To qualify for a subgrant from the Na-
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1 tional Trust under subsection (b), or a direct grant to or

2 a subgrant from a State Historic Preservation Officer

3 under subsection (c), a person must—

4 (1) demonstrate that the project for which the

5 direct grant or subgrant will be used has the poten6 tial for reaching a broad audience with an effective

7 educational program based on American maritime

8 history, technology, or the role of maritime endeav9 ors in American culture;

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

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

12 from non-Federal sources, which may include cash

13 or donated services fairly valued as determined by

14 the Secretary;

15 (3) maintain records as may be reasonably nec16 essary to fully disclose—

17 (A) the amount and the disposition of the

18 proceeds of the direct grant or subgrant;

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

20 the direct grant or subgrant is made; and

21 (C) other records as may be required by

22 the Secretary, including such records as will fa23 cilitate an effective accounting for project

24 funds;
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1 (4) provide access to the Secretary for the pur2 poses of any required audit and examination of any

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

4 and

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

6 a private nonprofit organization.

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

8 (1) APPLICATION PROCEDURES.—An applica9 tion for a subgrant under subsection (b), or a direct

10 grant or subgrant under subsection (c), shall be sub11 mitted under procedures prescribed by the Sec12 retary.

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

14 not receive a subgrant under subsection (b), or a di15 rect grant or subgrant under subsection (c), unless

16 the person has agreed to assume, after completion of

17 the project for which the direct grant or subgrant is

18 awarded, the total cost of the continued mainte19 nance, repair, and administration of any property

20 for which the subgrant will be used in a manner sat21 isfactory to the Secretary.

22 (f) REVIEW OF PROPOSALS.—

23 (1) COMMITTEE RECOMMENDATIONS.—The Na24 tional Maritime Heritage Grants Committee shall re25 view applications for subgrants under subsection (b),
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1 and direct grants or subgrants under subsection (c),

2 and submit recommendations to the Secretary re3 garding projects which should receive funding under

4 those direct grants and subgrants.

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

6 extent feasible, the Secretary shall ensure that the

7 amount made available under subsection (b) for

8 maritime heritage education projects is equal to the

9 amount made available under subsection (c) for mar10 itime heritage preservation projects.

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

12 Secretary in a fiscal year as grants under this sec13 tion for projects relating to historic maritime re14 sources owned or operated by the Federal Govern15 ment shall not exceed 40 percent of the total amount

16 available for the fiscal year for grants under this

17 section.

18 (g) DIRECT GRANTS AND SUBGRANTS PROCESS.—

19 (1) DIRECT GRANTS AND SUBGRANTS SOLICITA20 TION.—The Secretary shall publish annually in the

21 Federal Register and otherwise as the Secretary con22 siders appropriate—

23 (A) a solicitation of applications for direct

24 grants and subgrants under this section;
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1 (B) a list of priorities for the making of

2 those direct grants and subgrants;

3 (C) a single deadline for the submission of

4 applications for those direct grants and

5 subgrants; and

6 (D) other relevant information.

7 (2) RECEIPT AND APPROVAL OR DISAPPROVAL

8 OF DIRECT GRANT AND SUBGRANT APPLICATIONS.—

9 Within 60 days after the submission of recommenda10 tions by the Committee to the Secretary under sub11 section (h)(6), the Secretary shall review and ap12 prove or disapprove a direct grant or subgrant for

13 each project recommended by the Committee and

14 provide to the Committee and the applicant the rea15 sons for that approval or disapproval.

16 (h) DIRECT GRANT AND SUBGRANT ADMINISTRA17 TION.—The National Trust shall be responsible for admin18 istering subgrants for maritime heritage education

19 projects under subsection (b), the Secretary shall be re20 sponsible for administering direct grants for maritime her21 itage preservation projects under subsection (c), and the

22 various State Historic Preservation Officers shall be re23 sponsible for administering subgrants for maritime herit24 age preservation projects under subsection (c), by—
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1 (1) publicizing the Program to prospective

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

3 cooperation with the National Park Service, the

4 Maritime Administration, and other appropriate gov5 ernment agencies and private institutions;

6 (2) answering inquiries from the public, includ7 ing providing information on the Program as re8 quested;

9 (3) distributing direct grant and subgrant ap10 plications;

11 (4) receiving direct grant and subgrant applica12 tions and ensuring their completeness;

13 (5) forwarding the applications to the Commit14 tee for review and recommendation;

15 (6) submitting to the Secretary applications

16 that the Committee recommends should be approved

17 by the Secretary;

18 (7) keeping records of all direct grant and

19 subgrant awards and expenditures of funds;

20 (8) monitoring progress of projects carried out

21 with direct grants and subgrants; and

22 (9) providing to the Secretary such progress re23 ports as may be required by the Secretary.

24 (i) ASSISTANCE OF MARITIME PRESERVATION ORGA25 NIZATIONS.—The Secretary, the National Trust, and the
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1 State Historic Preservation Officers may, individually or

2 jointly, enter into cooperative agreements with any private

3 nonprofit organization with appropriate expertise in mari4 time preservation issues, or other qualified maritime pres5 ervation organizations, to assist in the administration of

6 the Program.

7 (j) GRANTS FOR INTERIM PROJECTS.—

8 (1) GRANTS AUTHORITY.—The Secretary, sub9 ject to paragraph (3), may use amounts available

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

11 described in paragraph (2).

12 (2) GRANTS DESCRIBED.—The grants referred

13 to in paragraph (1) are the following:

14 (A) A grant to the National Museum Asso15 ciation (a nonprofit organization located in San

16 Francisco, California) for payment of expenses

17 directly related to the preservation and restora18 tion of the historic fleet of the San Francisco

19 Maritime National Historical Park, located in

20 San Francisco, California.

21 (B) A grant to the Virginia V Foundation

22 (a nonprofit organization) for use in restoration

23 and preservation of the historic steamship VIR24 GINIA V.
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1 (C) A grant to any nonprofit organization

2 which operates and maintains a former hospital

3 ship to be converted to engage in public health

4 activities, for use in refurbishing and maintain5 ing the ship for those activities.

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

7 not-for-profit educational institution located in

8 Newport News, Virginia, for use for expenses

9 directly related to the computerization of the li10 brary and archives of that museum, including

11 for the purpose of providing to the public en12 hanced national access to those materials.

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

14 1997, 1998, 1999, and 2000 to the Center for

15 Maritime and Underwater Resource Manage16 ment at Michigan State University, for a pilot

17 project to plan, design, implement, and evaluate

18 innovative approaches to management and de19 velopment of maritime and underwater cultural

20 resources at the following sites: Thunder Bay,

21 the Manitou Passage, Isle Royale National

22 Park, Keweenaw Peninsula, Marquette County,

23 Alger County, Whitefish Point, the Straits of

24 Mackinac, the Thumb Area, and Sanilac

25 Shores.
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1 (3) GRANT CONDITIONS.—The Secretary may

2 not make a grant under this subsection unless the

3 grantee complies with the requirements set forth in

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

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

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

7 an annual report on the Program, including—

8 (1) a description of each project funded under

9 the Program in the period covered by the report;

10 (2) the results or accomplishments of each such

11 project; and

12 (3) recommended priorities for achieving the

13 policy set forth in section 3.

14 SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY

15 COMMITTEE.

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

17 National Maritime Heritage Grants Advisory Committee.

18 (b) MEMBERSHIP.—

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

20 of 13 members appointed by the Secretary from

21 among individual members of the public who—

22 (A) are representatives of various sectors

23 of the maritime community who are knowledge24 able and experienced in maritime heritage and

25 preservation;
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1 (B) to the extent practicable, are selected

2 in a manner that ensures regional geographic

3 balance;

4 (C) to the extent practicable, include a rep5 resentative of each of the fields of—

6 (i) small craft preservation;

7 (ii) large vessel preservation;

8 (iii) sail training;

9 (iv) preservation architecture;

10 (v) underwater archaeology;

11 (vi) lighthouse preservation;

12 (vii) maritime education;

13 (viii) military naval history;

14 (ix) maritime museums or historical

15 societies;

16 (x) maritime arts and crafts;

17 (xi) maritime heritage tourism; and

18 (xii) maritime recreational resources

19 management; and

20 (D) include a member of the general pub21 lic.

22 (2) EX OFFICIO MEMBERS.—In addition to the

23 members appointed under paragraph (1), the Presi24 dent of the National Trust and the President of the

25 National Conference of State Historic Preservation
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1 Officers (or their respective designees) shall be ex

2 officio voting members of the Committee.

3 (3) TERM.—The term of a member of the Com4 mittee appointed under paragraph (1) shall be 3

5 years, except that of the members first appointed 4

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

7 4 shall be appointed for an initial term of 2 years,

8 as specified by the Secretary at the time of appoint9 ment

10 (4) COMPLETION OF APPOINTMENTS.—The

11 Secretary shall complete appointment of the mem12 bers of the Committee under paragraph (1) by not

13 later than 120 days after the date of enactment of

14 this Act.

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

16 the membership of the Committee appointed under

17 paragraph (1), the Secretary shall appoint an indi18 vidual to serve the remainder of the term that is va19 cant by not later than 60 days after the vacancy oc20 curs.

21 (c) FEDERAL GOVERNMENT EX OFFICIO MEM22 BERS.—There shall be ex officio Federal Government

23 members of the Committee as follows:

24 (1) At least 1 individual designated by each

25 of—
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1 (A) the Director of the National Park

2 Service;

3 (B) the Administrator of the Maritime Ad4 ministration;

5 (C) the Commandant of the Coast Guard;

6 (D) the Secretary of the Navy;

7 (E) the Administrator of the National Oce8 anic and Atmospheric Administration; and

9 (F) the Advisory Council on Historic Pres10 ervation.

11 (2) Other representatives designated by the

12 heads of such other interested Federal Government

13 agencies as the Secretary considers appropriate.

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

15 Committee include—

16 (1) reviewing direct grant and subgrant propos17 als and making funding recommendations to the

18 Secretary;

19 (2) identifying and advising the Secretary re20 garding priorities for achieving the policy set forth

21 in section 3;

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

23 the Congress under section 4(k); and

24 (4) performing any other duties the Secretary

25 considers appropriate.
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1 (e) QUORUM.—Nine members of the Committee shall

2 constitute a quorum for making recommendations on

3 subgrant applications.

4 (f) APPOINTMENTS PROCESS.—The Secretary

5 shall—

6 (1) publicize annually, in the Federal Register

7 and through publications of preservation and mari8 time organizations, a request for submission of

9 nominations for appointments to the Committee

10 under subsection (b)(1); and

11 (2) designate from among the members of the

12 Committee—

13 (A) a Chairman; and

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

15 of the Chairman during the absence or disabil16 ity of the Chairman or when the office of Chair17 man is vacant.

18 (g) COMPENSATION AND TRAVEL EXPENSES.—An

19 individual shall not receive any pay by reason of member20 ship on the Committee. While away from home or regular

21 place of business in the performance of service for the

22 Committee, a member of the Committee shall be allowed

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

24 in the same manner as a person employed intermittently
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1 in the Government service is allowed expenses under sec2 tion 5703 of title 5, United States Code.

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

4 of the Committee, the Secretary may detail, on a reim5 bursable basis, any of the personnel of the Department

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

7 out its duties under this Act.

8 (i) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

9 request of the Committee, the National Trust shall provide

10 to the Committee the support services necessary for the

11 Committee to carry out its duties under this Act.

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

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

14 the Committee, except that meetings of the Committee

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

16 14(b) of that Act does not apply to the Committee.

17 (k) TERMINATION.—The Committee shall terminate

18 on September 30, 2000.

19 SEC. 6. FUNDING.

20 (a) AVAILABILITY OF FUNDS FROM SALE AND

21 SCRAPPING OF OBSOLETE VESSELS.—

22 (1) IN GENERAL.—Notwithstanding any other

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

24 fiscal year to the Vessel Operations Revolving Fund

25 established by the Act of June 2, 1951 (46 App.
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1 U.S.C. 1241a), that is attributable to the sale of ob2 solete vessels in the National Defense Reserve Fleet

3 that are scrapped or sold under section 508 of the

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

5 shall be available until expended as follows:

6 (A) 50 percent shall be available to the Ad7 ministrator of the Maritime Administration for

8 such acquisition, maintenance, repair, recondi9 tioning, or improvement of vessels in the Na10 tional Defense Reserve Fleet as is authorized

11 under other Federal law.

12 (B) 25 percent shall be available to the

13 Administrator of the Maritime Administration

14 for the payment or reimbursement of expenses

15 incurred by or on behalf of State maritime

16 academies or the United States Merchant Ma17 rine Academy for facility and training ship

18 maintenance, repair, and modernization, and

19 for the purchase of simulators and fuel.

20 (C) The remainder shall be available to the

21 Secretary to carry out the Program, as provided

22 in subsection (b).

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

24 apply to amounts credited to the Vessel Operations

25 Revolving Fund before July 1, 1994.
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1 (b) USE OF AMOUNTS FOR PROGRAM.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), of amounts available each fiscal year for

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

(A) 1 5 ⁄2 shall be used for grants under sec6 tion 4(b); and

(B) 1 7 ⁄2 shall be used for grants under sec8 tion 4(c).

9 (2) USE FOR INTERIM PROJECTS.—Amounts

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

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

12 vessels in the National Defense Reserve Fleet that

13 are sold or scrapped after July 1, 1994, under sec14 tion 508 of the Merchant Marine Act, 1936 (46

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

16 grants for interim projects approved under section

17 4(j) of this Act.

18 (3) ADMINISTRATIVE EXPENSES.—

19 (A) IN GENERAL.—Not more than 15 per20 cent or $500,000, whichever is less, of the

21 amount available for the Program under sub22 section (a)(1)(C) for a fiscal year may be used

23 for expenses of administering the Program.

24 (B) ALLOCATION.—Of the amount avail25 able under subparagraph (A) for a fiscal year—
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(i) 1 1 ⁄2 shall be allocated to the Na2 tional Trust for expenses incurred in ad3 ministering grants under section 4(b); and

(ii) 1 4 ⁄2 shall be allocated as appro5 priate by the Secretary to the National

6 Park Service and participating State His7 toric Preservation Officers.

8 (c) DISPOSALS OF VESSELS.—

9 (1) REQUIREMENT.—The Secretary of Trans10 portation shall dispose of all vessels described in

11 paragraph (2)—

12 (A) by September 30, 1999;

13 (B) in a manner that maximizes the return

14 on the vessels to the United States; and

15 (C) in accordance with the plan of the De16 partment of Transportation for disposal of

17 those vessels and requirements under sections

18 508 and 510(i) of the Merchant Marine Act,

19 1936 (46 App. U.S.C. 1158, 1160(i)).

20 (2) VESSELS DESCRIBED.—The vessels referred

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

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

23 (A) are not assigned to the Ready Reserve

24 Force component of that fleet; and
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1 (B) are not specifically authorized or re2 quired by statute to be used for a particular

3 purpose.

4 (d) TREATMENT OF AMOUNTS AVAILABLE.—

5 Amounts available under this section shall not be consid6 ered in any determination of the amounts available to the

7 Department of the Interior.

8 SEC. 7. DEFINITIONS.

9 In this Act:

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

11 means the Maritime Heritage Grants Advisory Com12 mittee established under section 5.

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

14 Trust’’ means the National Trust for Historic Pres15 ervation created by section 1 of the Act of October

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

17 (3) PRIVATE NONPROFIT ORGANIZATION.—The

18 term ‘‘private nonprofit organization’’ means any

19 person that is exempt from taxation under section

20 501(a) of the Internal Revenue Code of 1986 (26

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

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

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

24 the National Maritime Heritage Grants Program es25 tablished by section 4(a).
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (6) STATE HISTORIC PRESERVATION OFFI4 CER.—The term ‘‘State Historic Preservation Offi5 cer’’ means a State Historic Preservation Officer ap6 pointed pursuant to paragraph (1)(A) of section

7 101(b) of the National Historic Preservation Act (16

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

9 having a State Historic Preservation Program ap10 proved by the Secretary under that section.

11 SEC. 8. REGULATIONS.

12 The Secretary, after consultation with the National

13 Trust, the National Conference of State Historic Preser14 vation Officers, and appropriate members of the maritime

15 heritage community, shall promulgate appropriate guide16 lines, procedures, and regulations within 1 year after the

17 date of enactment of this Act to carry out the Act, includ18 ing regulations establishing terms of office for the initial

19 membership of the Committee, direct grant and subgrant

20 priorities, the method of solicitation and review of direct

21 grant and subgrant proposals, criteria for review of direct

22 grant and subgrant proposals, administrative require23 ments, reporting and recordkeeping requirements, and any

24 other requirements the Secretary considers appropriate.
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1 SEC. 9. SAVINGS PROVISION.

2 The authorities contained in this Act shall be in addi3 tion to, and shall not be construed to supercede or modify

4 those contained in the National Historic Preservation Act

5 (16 U.S.C. 470–470x–6).

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

7 OF THE ATLANTIC HISTORICAL SOCIETY.

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

9 the Secretary of Transportation may convey the right,

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

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

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

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

14 the Atlantic Historical Society (in this section referred to

15 as ‘‘the recipient’’), if—

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

17 purposes of a Merchant Marine memorial, historical

18 preservation, and educational activities;

19 (2) the vessel is not used for commercial trans20 portation purposes;

21 (3) the recipient agrees to make the vessel

22 available to the Government if the Secretary of

23 Transportation requires use of the vessel by the

24 Government for war or a national emergency;
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1 (4) the recipient agrees that when the recipient

2 no longer requires the vessel for use for the purposes

3 described in paragraph (1)—

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

5 the Secretary of Transportation, reconvey the

6 vessel to the Government in good condition ex7 cept for ordinary wear and tear; or

8 (B) if the recipient has decided to dissolve

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

10 then—

11 (i) the recipient shall distribute the

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

13 person that is described in section

14 501(c)(3) of the Internal Revenue Code of

15 1986 (26 U.S.C. 501(c)(3)) and that is ex16 empt from taxation under section 501(a)

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

18 Federal Government or a State or local

19 government for a public purpose; and

20 (ii) the vessel shall be disposed of by

21 a court of competent jurisdiction of the

22 county in which the principal office of the

23 recipient is located, for such purposes as

24 the court shall determine, or to such orga-
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1 nizations as the court shall determine are

2 organized exclusively for public purposes;

3 (5) the recipient agrees to hold the Government

4 harmless for any claims arising from exposure to as5 bestos after conveyance of the vessel, except for

6 claims arising from use by the Government under

7 paragraph (3) or (4);

8 (6) the recipient has available, for use to re9 store the vessel, in the form of cash, liquid assets,

10 or a written loan commitment, financial resources of

11 at least $100,000; and

12 (7) the recipient is described in section

13 501(c)(3) of the Internal Revenue Code of 1986 (26

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

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

16 501(a)).

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

18 under this section, the Secretary of Transportation shall

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

20 on the date of enactment of this Act, in its present condi21 tion, without cost to the Government.

22 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

23 of Transportation may convey to the recipient any

24 unneeded equipment from other vessels in the National

25 Defense Reserve Fleet for use to restore the S/S AMER-
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1 ICAN VICTORY, or a vessel of a comparable size and

2 class, to museum quality.

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

4 the Secretary of Transportation under this section to con5 vey a vessel to the Battle of the Atlantic Historical Society

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

7 Act.

8 (e) REVERSIONARY INTEREST OF THE UNITED

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

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

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

12 it is finally determined that the recipient is not exempt

13 from taxation under section 501(a) of the Internal Reve14 nue Code of 1986 (26 U.S.C. 501(a)).

15 SEC. 11. AUTHORITY TO CONVEY VESSEL TO WARSAW, KEN16 TUCKY.

17 (a) AUTHORITY TO CONVEY.—Notwithstanding any

18 other provision of law, the Secretary of Transportation

19 may, subject to subsection (c), convey to the City of War20 saw, Kentucky, without consideration, for use by the City

21 for the promotion of economic development and tourism,

22 all right, title, and interest of the United States in a ves23 sel, including related spare parts and vessel equipment,

24 which—
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•HR 3059 EH

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

2 the date of enactment of this Act;

3 (2) has no usefulness to the United States Gov4 ernment; and

5 (3) is scheduled to be scrapped.

6 (b) DELIVERY.—At the request of the City of War7 saw, Kentucky, the Secretary of Transportation is author8 ized to deliver the vessel referred to in subsection (a)—

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

10 the date of the approval of the conveyance;

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

12 (3) without cost to the United States Govern13 ment.

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

15 of a vessel under subsection (a), the Secretary of Trans16 portation shall require that the City—

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

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

19 the intended use of the vessel;

20 (2) agree to indemnify the United States for

21 any liability arising from or caused by the vessel

22 after the date of the conveyance of the vessel, includ23 ing liability—

24 (A) for personal injury or damage to prop25 erty;
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•HR 3059 EH

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

2 the City; and

3 (C) related to asbestos; and

4 (3) comply with any other conditions the Sec5 retary considers appropriate.

6 (d) UNITED STATES NOT LIABLE.—Notwithstanding

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

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

9 described in subsection (c)(2).

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

11 the Secretary of Transportation under this section to con12 vey a vessel to the City of Warsaw, Kentucky, shall expire

13 2 years after the date of enactment of this Act.

14 SEC. 12. AUTHORITY TO CONVEY VESSEL TO ASSISTANCE

15 INTERNATIONAL, INC.

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

17 the Secretary of Transportation may convey, without com18 pensation and by not later than September 30, 1996, all

19 right, title, and interest of the United States Government

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

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

22 related spare parts and vessel equipment, to the nonprofit

23 corporation Assistance International, Inc. (hereinafter in

24 this section referred to as the ‘‘recipient’’), for use in
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•HR 3059 EH

1 emergencies, vocational training, and economic develop2 ment programs.

3 (b) CONDITIONS.—As a condition of any vessel con4 veyance under this section the Secretary of Transportation

5 shall require the recipient to—

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

7 activities;

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

9 transportation purposes in competition with any

10 United States-flag vessel;

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

12 Government whenever use of the vessel is required

13 by the Government;

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

15 requires the use of the vessel for its nonprofit activi16 ties, the recipient shall—

17 (A) at the discretion of the Secretary of

18 Transportation, reconvey the vessel to the Gov19 ernment in as good a condition as when it was

20 received from the Government, except for ordi21 nary wear and tear; and

22 (B) deliver the vessel to the Government at

23 the place where the vessel was delivered to the

24 recipient;
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•HR 3059 EH

1 (5) agree to hold the Government harmless for

2 any claim arising after conveyance of the vessel, ex3 cept for claims against the Government arising dur4 ing the use of the vessel by the Government under

5 paragraph (3) or (4);

6 (6) have available at least $100,000 from non7 Federal sources to support the intended uses of the

8 vessels; and

9 (7) agree to any other conditions the Secretary

10 of Transportation considers appropriate.

11 (c) DELIVERY.—The Secretary of Transportation

12 shall deliver each vessel conveyed under this section to the

13 recipient—

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

15 the date of enactment of this Act;

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

17 ordinary wear and tear occurring after that date;

18 and

19 (3) without cost to the Government.

20 (d) TERMINATION OF AUTHORITY.—The Authority

21 of the Secretary of Transportation under this section to

22 convey vessels to Assistance International, Inc., shall ex23 pire 2 years after the date of enactment of this Act.
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1 SEC. 13. AUTHORITY TO CONVEY VESSEL TO THE RIO

2 GRANDE MILITARY MUSEUM.

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

4 the Secretary of Transportation may convey the right,

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

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

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

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

9 a military museum, if—

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

11 nonprofit military museum;

12 (2) the vessel is not used for commercial trans13 portation purposes;

14 (3) the recipient agrees to make the vessel

15 available to the Government when the Secretary of

16 Transportation requires use of the vessel by the

17 Government;

18 (4) the recipient agrees that when the recipient

19 no longer requires the vessel for use as a military

20 museum—

21 (A) the recipient will at the discretion of

22 the Secretary of Transportation, reconvey the

23 vessel to the Government in good condition ex24 cept for ordinary wear and tear; or
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1 (B) if the Board of Directors of the recipi2 ent has decided to dissolve the recipient accord3 ing to the laws of the State of Texas, then—

4 (i) the recipient shall distribute the

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

6 person that has been determined exempt

7 from taxation under the provisions of sec8 tion 501(c)(3) of the Internal Revenue

9 Code, or to the Federal Government or a

10 State or local government for a public pur11 pose; and

12 (ii) the vessel shall be disposed of by

13 a court of competent jurisdiction of the

14 county in which the principal office of the

15 recipient is located, for such purposes as

16 the court shall determine, or to such orga17 nizations as the court shall determine are

18 organized exclusively for public purposes;

19 (5) the recipient agrees to hold the Government

20 harmless for any claims arising from exposure to as21 bestos after conveyance of the vessel, except for

22 claims arising from use by the Government under

23 paragraph (3) or (4); and

24 (6) the recipient has available, for use to re25 store the vessel, in the form of cash, liquid assets,
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•HR 3059 EH

1 or a written loan commitment, financial resources of

2 at least $100,000.

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

4 under this section, the Secretary of Transportation shall

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

6 on the date of enactment of this Act, in its present condi7 tion, without cost to the Government.

8 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

9 of Transportation may also convey any unneeded equip10 ment from other vessels in the National Defense Reserve

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

12 museum quality.

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

14 the Secretary of Transportation under this section to con15 vey a vessel to the Rio Grande Military Museum shall ex16 pire 2 years after the date of enactment of this Act.

Passed the House of Representatives October 5,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 3059

AN ACT

To establish a National Maritime Heritage ProAmerica’s endangered maritime heritage. tural resources for the purpose of preserving programs and the restoration of America’s cul- gram to make grants available for educational