II

103D CONGRESS

1ST SESSION S. 1727

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.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Mr. COHEN introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

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 1993’’.

6 SEC. 2. FINDINGS.

7 Congress finds and declares that—
2

S 1727 IS

1 (1) the United States is a maritime nation with

2 rich maritime history, and it is desirable to foster in

3 the American public a greater awareness and appre4 ciation of the role of maritime endeavors in our Na5 tion’s history and culture;

6 (2) the maritime historical and cultural founda7 tions of the Nation should be preserved as a part of

8 our community life and development;

9 (3) national, State, and local groups have been

10 working independently to preserve the maritime her11 itage of the United States;

12 (4) historic resources significant to the Nation’s

13 maritime heritage are being lost or substantially al14 tered, often inadvertently, with increasing frequency;

15 (5) the preservation of this irreplaceable mari16 time heritage is in the public interest so that its

17 vital legacy of cultural, educational, aesthetic, inspi18 rational, and economic benefits will be maintained

19 and enriched for future generations of Americans;

20 (6) in the face of ever-increasing development,

21 the present governmental and nongovernmental his22 toric preservation programs and activities are inad23 equate to ensure future generations a genuine oppor24 tunity to appreciate and enjoy the rich maritime her25 itage of our Nation;
3

S 1727 IS

1 (7) a coordinated national program is needed to

2 immediately redress the adverse consequences of a

3 period of indifference during which the heritage of

4 the United States has become endangered and to en5 sure the future preservation of the Nation’s mari6 time heritage;

7 (8) a national maritime heritage policy would

8 greatly increase public awareness of the educational,

9 recreational, and preservation values of maritime

10 heritage; and

11 (9) the creation of a National Maritime Trust

12 for Historic Preservation in the United States would

13 greatly enhance maritime preservation.

14 SEC. 3. NATIONAL MARITIME HERITAGE POLICY.

15 It shall be the policy of the Federal Government in

16 partnership with the States and local governments and

17 private organizations and individuals to—

18 (1) use measures, including financial and tech19 nical assistance, to foster conditions under which our

20 modern society and our historic maritime resources

21 can exist in productive harmony and fulfill the so22 cial, economic, and other requirements of present

23 and future generations;

24 (2) provide leadership in the preservation of the

25 historic maritime resources of the United States;
4

S 1727 IS

1 (3) contribute to the preservation historic mari2 time resources and give maximum encouragement to

3 organizations and individuals undertaking preserva4 tion by private means; and

5 (4) assist State and local governments to ex6 pand and accelerate their maritime historic preserva7 tion programs and activities.

8 SEC. 4. NATIONAL MARITIME TRUST.

9 (a) CREATION.—To further the policy enunciated in

10 this Act to facilitate public participation in the preserva11 tion of maritime sites, buildings, and objects of signifi12 cance or interest, and to further the education of the

13 American public about the importance of our maritime

14 heritage, there is hereby created a charitable, educational,

15 and nonprofit corporation, to be known as the National

16 Maritime Trust.

17 (b) PURPOSE.—The purposes of the National Mari18 time Trust shall be to—

19 (1) receive donations of real property and ob20 jects significant in American maritime history and

21 culture;

22 (2) preserve and administer them for public

23 benefits;

24 (3) accept, hold, and administer gifts of money,

25 securities, or other property of whatsoever character
5

S 1727 IS

1 for the purpose of carrying out a maritime preserva2 tion and education program; and

3 (4) execute other functions as are vested in it

4 by this Act.

5 (c) PRINCIPAL OFFICE.—The National Maritime

6 Trust shall have its principal office in the District of Co7 lumbia and shall be deemed, for purposes of venue in civil

8 actions, to be an inhabitant and resident thereof. The Na9 tional Maritime Trust may establish offices in other places

10 as it may deem necessary or appropriate in the conduct

11 of its business.

12 (d) ADMINISTRATION OF NATIONAL TRUST.—

13 (1) COMPOSITION OF BOARD OF TRUSTEES.—

14 (A) The affairs of the National Maritime

15 Trust shall be under the administration of a

16 board composed as follows: the Secretary of

17 Transportation, the Secretary of Commerce,

18 and the Secretary of the Navy, ex officio; and

19 not less than six general trustees who shall be

20 citizens of the United States (one of whom shall

21 be a State Historic Preservation officer whose

22 State has an agreement with the Secretary

23 under section 5 of the Act), to be chosen as

24 hereinafter provided.
6

S 1727 IS

1 (B) The Secretary of Transportation, the

2 Secretary of Commerce, and the Secretary of

3 the Navy, when it appears desirable in the in4 terest of the conduct of the business of the

5 board and to the extent as they deem it advis6 able, may, by written notice to the National

7 Maritime Trust, designate any officer of their

8 respective departments to act for them in the

9 discharge of their duties as a member of the

10 board of trustees.

11 (C) The number of general trustees shall

12 be—

13 (i) fixed by the Board of Trustees of

14 the National Maritime Trust;

15 (ii) chosen by the members of the Na16 tional Maritime Trust from its members at

17 any regular meeting of the National Mari18 time Trust; and

19 (iii) appointed by the Secretary of

20 Transportation.

21 (2) TERMS OF OFFICE.—The respective terms

22 of office of the general trustees shall be as pre23 scribed by the said board of trustees but in no case

24 shall exceed a period of five years from the date of

25 election. A successor to a general trustee shall be
7

S 1727 IS

1 chosen in the same manner and shall have a term

2 expiring five years from the date of the expiration of

3 the term for which the trustees predecessor was cho4 sen, except that a successor chosen to fill a vacancy

5 occurring prior to the expiration of such term shall

6 be chosen only for the remainder of that term. The

7 chairman of the board of trustees shall be elected by

8 a majority vote of the member of the board.

9 (3) COMPENSATION AND EXPENSES.—No com10 pensation shall be paid to the members of the board

11 of trustees for their services as such members, but

12 they shall be reimbursed for travel and actual ex13 penses necessary incurred by them in attending

14 board meetings and performing other official duties

15 on behalf of the National Maritime Trust at the di16 rection of the board.

17 (e) POWERS AND DUTIES OF NATIONAL MARITIME

18 TRUST.—To the extent necessary to enable it to carry out

19 the functions vested in it by this Act, the National Mari20 time Trust shall have the following general powers:

21 (1) To have succession until dissolved by Act of

22 Congress, in which event title to the properties of

23 the National Maritime Trust, both real and per24 sonal, shall, insofar as consistent with existing con25 tractual obligations and subject to all other legally
8

S 1727 IS

1 enforceable claims or demands by or against the Na2 tional Maritime Trust, at the discretion of the Sec3 retary of the Interior, pass to and become vested in

4 the United States of America.

5 (2) To sue and be sued in its corporate name.

6 (3) To adopt, alter, and use a corporate seal

7 which shall be judicially noticed.

8 (4) To adopt a constitution and to make such

9 bylaws, rules, and regulations, not inconsistent with

10 the laws of the United States or of any State, as it

11 deems necessary for the administration of its func12 tions under this Act, including among other matter,

13 bylaws, rules, and regulations governing visitation to

14 maritime historic properties, administration of cor15 porate funds, and the organization and procedure of

16 the board of trustees.

17 (5) To accept, hold, and administer gifts and

18 bequests of money, securities, or other personal

19 property of whatsoever character, absolutely or in

20 trust, for the purposes for which the National Mari21 time Trust is created. Unless otherwise restricted by

22 the terms of the gift or bequest, the National Mari23 time Trust is authorized to sell, exchange, or other24 wise dispose of and to invest or reinvest in such in25 vestments as it may determine from time to time the
9

S 1727 IS

1 moneys, securities, or other property given or be2 queathed to it. The principal of such corporate

3 funds, together with the income therefrom and all

4 other revenues received by it from any source what5 soever, shall be placed in such depositories as the

6 National Maritime Trust shall determine and shall

7 be subject to expenditure by the National Maritime

8 Trust for its corporate purposes.

9 (6) To acquire by gift, devise, purchase, or oth10 erwise, absolutely or on trust, and to hold and, un11 less otherwise restricted by the terms of the gift or

12 devise, to encumber, convey, or otherwise dispose of,

13 any real property, or any estate or interest therein

14 (except property within the exterior boundaries of

15 national parks and national monuments), as may be

16 necessary and proper in carrying into effect the pur17 poses of the National Maritime Trust.

18 (7) To contract and make cooperative agree19 ments with Federal, State, or municipal departments

20 or agencies, corporations, associations, or individ21 uals, under such terms and conditions as it deems

22 advisable, respecting the protection, preservation,

23 maintenance, or operation of any maritime historic

24 site, building, object, or other property used in con25 nection them-with for public use, regardless of
10

S 1727 IS

1 whether the National Maritime Trust has acquired

2 title to the properties, or any interest therein.

3 (8) To enter into contracts generally and to

4 execute all instruments necessary or appropriate to

5 carry out its corporate purposes, which instruments

6 shall include such concession contracts, leases, or

7 permits for the use of lands, buildings, or other

8 property deemed desirable either to accommodate

9 the public or to facilitate administration.

10 (9) To appoint and prescribe the duties of such

11 officers, agents, and employees as may be necessary

12 to carry out its functions, and to fix and pay such

13 compensation to them for their services as the Na14 tional Maritime Trust may determine.

15 (10) Generally to do any and all lawful acts

16 necessary or appropriate to carry out the purposes

17 for which the National Maritime Trust is created.

18 SEC. 5. NATIONAL HERITAGE GRANTS PROGRAM.

19 (a) ESTABLISHMENT.—

20 (1) There is established within the Department

21 of Transportation a National Maritime Heritage

22 Grants Program to foster in the American public a

23 greater awareness and appreciation of the role of

24 maritime endeavors in our Nation’s history and cul25 ture.
11

S 1727 IS

1 (2) Within ninety days after the date of enact2 ment of this Act, the Secretary may enter into a co3 operative agreement with the National Maritime

4 Trust for assistance in the administration of the

5 grants program.

6 (3) The Secretary shall administer a program

7 of matching grants-in-aid to carry out the purposes

8 of this Act.

9 (4)(A) In addition to the programs under para10 graph (3) of this subsection, the Secretary may ad11 minister a program of direct grants for the preserva12 tion of maritime resources. Funds to support this di13 rect grants program annually shall not exceed 10

14 percent of the amount derived under section 6 of

15 this Act.

16 (B) These grants may be made by the Sec17 retary—

18 (i) for the preservation of national mari19 time historic resources which are threatened

20 with demolition or impairment and for the pres21 ervation of maritime historic resources of sig22 nificance;

23 (ii) for maritime demonstration projects

24 which will provide information concerning pro-
12

S 1727 IS

1 fessional methods and techniques having appli2 cation to maritime historic resources;

3 (iii) for the training and development of

4 skilled labor in trades and crafts, and in analy5 sis, marine survey, and curation, relating to

6 maritime historic preservation; and

7 (iv) for educational programs to increase

8 the awareness by the American public of our

9 maritime heritage.

10 (b) GRANTS PROCESS.—

11 (1) The Secretary shall publish annually a

12 grants solicitation, together with grant priorities and

13 other relevant information, in the Federal Register

14 and otherwise as the Secretary deems appropriate.

15 (2) Each fiscal year, the Secretary, acting

16 through the National Maritime Trust, shall receive

17 and process applications for grants under the regula18 tions promulgated pursuant to section 11 of this

19 Act.

20 (c) NATIONAL MARITIME TRUST RESPONSIBIL21 ITIES.—Under the cooperative agreement executed under

22 subsection (a) of this section, the National Maritime Trust

23 shall be responsible for administration of the grants pro24 gram, including—
13

S 1727 IS

1 (1) publicizing the program to prospective

2 grantees in accordance with the regulations promul3 gated by the Secretary;

4 (2) answering inquiries from the public, includ5 ing providing information on the program as re6 quested;

7 (3) distributing grant applications;

8 (4) collecting proposals and ensuring their com9 pleteness;

10 (5) forwarding the proposals to the Committee

11 for review;

12 (6) transmitting the recommendations of the

13 Committee to the Secretary;

14 (7) keeping records of all grant awards and ex15 penditures of funds;

16 (8) monitoring progress of grants;

17 (9) providing progress reports to the Secretary

18 as requested;

19 (10) delegating responsibility of administering a

20 project to the appropriate State Historic Preserva21 tion officer for the State in which the project or pro22 gram is principally located to the maximum extent

23 possible consistent with the purposes of this Act;

24 and
14

S 1727 IS

1 (11) any other responsibilities that the Sec2 retary deems appropriate.

3 (d) REPORT TO CONGRESS.—The National Maritime

4 Trust shall submit an annual report on the program to

5 the Secretary for transmittal to Congress. The report shall

6 include—

7 (1) a description of each project funded;

8 (2) the results or accomplishments of each

9 project;

10 (3) a detailed review of the National Maritime

11 Trust’s operations, activities, and financial condi12 tion;

13 (4) recommended priorities for achieving the

14 purposes of the Act under section 5(c)(4); and

15 (5) the audit report required under section 8.

16 (e) CRITERIA FOR GRANT ELIGIBILITY.—To qualify

17 for a grant under this section, a grantee must—

18 (1) demonstrate that the project for which

19 funding is being sought—

20 (A) has the potential for reaching a broad

21 audience with an effective educational program

22 based on American maritime history, tech23 nology, or the role of maritime endeavors in

24 American culture; and
15

S 1727 IS

1 (B) has the ability to garner support from

2 non-Federal sources;

3 (2) match the grant award with non-Federal as4 sets, including cash, as appropriate;

5 (3) demonstrate organizational viability;

6 (4) exhibit the existence of approved business

7 and operation plans;

8 (5) maintain records as may be reasonably nec9 essary to fully disclose—

10 (A) the amount and the disposition of the

11 proceeds of the grant;

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

13 the grant is given or used;

14 (C) the amount and nature of that portion

15 of the cost of the project supplied by other

16 sources; and

17 (D) other records as will facilitate an effec18 tive audit required in regulation by the Sec19 retary;

20 (6) provide access for the purposes of any re21 quired audit and examination of any books, docu22 ments, papers, and records of the recipient under

23 this Act;

24 (7) be principally located in a State whose State

25 Historic Preservation Officer enters into an agree-
16

S 1727 IS

1 ment with the Secretary regarding the delegations of

2 the administration of the project or program under

3 this Act; and

4 (8) be a unit of Federal, State, or local govern5 ment, or a nonprofit organization that has applied

6 for, or has been granted, 501(c)(3) status.

7 (f) GRANTS.—Grants will be available for projects

8 of—

9 (1) national, regional, and local maritime his10 toric significance, including restoration of vessels,

11 small craft, lighthouses, and other sites, structures,

12 or objects listed on the National Register of Historic

13 Places; and

14 (2) significant educational or cultural value, in15 cluding museums, fishing, villages, maritime edu16 cational waterborne-experience programs, construc17 tion or purchase of educational facilities, structures

18 or vessels, and other projects that the Secretary

19 deems appropriate.

20 (g) TERMS AND CONDITIONS.—

21 (1) No part of any grant made under this sec22 tion may be used to compensate any person inter23 vening in any proceedings under this Act.
17

S 1727 IS

1 (2) An application must be submitted in accord2 ance with regulations and procedures prescribed by

3 the Secretary.

4 (3) No grant may be awarded—

5 (A) unless the grantee has agreed to as6 sume, after completion of the project for which

7 the grant is awarded, the total cost of the con8 tinued maintenance, repair, and administration

9 of the property in a manner satisfactory to the

10 Secretary; and

11 (B) until the grantee has complied with

12 such further terms and conditions as the Sec13 retary may deem necessary or advisable.

14 (4) Except as permitted by other law, the State

15 share of the costs referred to in paragraph (3) of

16 this subsection shall be contributed by non-Federal

17 sources.

18 (5) Notwithstanding any other law, no grant

19 made pursuant to this Act shall be treated as tax20 able income for purposes of the Internal Revenue

21 Code of 1986.

22 (6) The Secretary shall make funding available

23 as soon as practicable after execution of a grant

24 agreement through the State Historic Preservation
18

S 1727 IS

1 Officer for the State in which the project or program

2 is principally located.

3 (7) The State Historic Preservation Officer

4 shall administer grants for projects and programs as

5 provided by this Act.

6 (8) The total administrative costs, direct and

7 indirect, charged for carrying out projects and pro8 grams may not exceed 25 percent of the aggregate

9 costs.

10 (9) The amount of funds expended on Federal

11 projects shall not exceed 20 percent of the amount

12 appropriated annually under this Act for the fund.

13 (h) REVIEW OF PROPOSALS.—

14 (1) COMMITTEE RECOMMENDATIONS.—The

15 committee established under section 7 of this Act

16 shall review the grant proposals and make rec17 ommendations to the Secretary as to which projects

18 should receive funding.

19 (2) SECRETARIAL APPROVAL.—Within one hun20 dred and twenty days of the deadline for submission,

21 the Secretary shall approve applications for grants

22 under this subsection recommended by the commit23 tee if the Secretary is satisfied that—
19

S 1727 IS

1 (A) the applicant has the requisite tech2 nical and financial capability to carry out the

3 project; and

4 (B) the project adequately implements the

5 objectives of the Act and will comply with sub6 section (g) of this section.

7 (i) WAIVER.—The Secretary may waive the require8 ments of this section for any grant under this Act.

9 SEC. 6. CONEYANCE OF NDRF VESSEL FOR SCRAPPING BY

10 NATIONAL MARITIME TRUST.

11 (a) VESSEL CONVEYANCE AUTHORITY.—

12 (1) IN GENERAL.—Notwithstanding any other

13 law, the Secretary may convey to the National Mari14 time Trust, without consideration, all right, title,

15 and interest of the United States Government in

16 each vessel which—

17 (A) is in the National Defense Reserve

18 Fleet on the date of the enactment of this sec19 tion;

20 (B) has no usefulness to the Government;

21 and

22 (C) is scheduled to be scrapped.

23 (2) CONDITION.—As a condition of conveying a

24 vessel to the National Maritime Trust pursuant to

25 this section, the Secretary shall require that the Na-
20

S 1727 IS

1 tional Maritime Trust enter into an agreement with

2 the Secretary which requires that the National Mari3 time Trust—

4 (A) sell the vessel for scrap purposes;

5 (B) use the proceeds of that scrapping for

6 expenses directly related to the purposes of this

7 Act; and

8 (C) comply with any other conditions the

9 Secretary considers appropriate.

10 (b) DELIVERY.—The Secretary shall deliver a vessel

11 conveyed under this section to the National Maritime

12 Trust.—

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

14 the date of the approval of the conveyance;

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

16 (3) without cost to the Government.

17 (c) MINIMUM VESSEL SALE.—The National Mari18 time Trust shall sell a sufficient quantity of vessels annu19 ally to ensure that the amount derived is not less than

20 $5,000,000 for each fiscal year beginning in fiscal year

21 1994 and ending in fiscal year 2000, and amounts as may

22 be required thereafter.

23 (d) TREATMENT OF AMOUNTS AVAILABLE TO THE

24 TRUST.—Amounts available to, or used by, the National

25 Maritime Trust pursuant to this subsection shall not be
21

S 1727 IS

1 considered in any determination of the amounts available

2 to the Department of the Interior.

3 (e) ADMINISTRATIVE EXPENDITURES.—

4 (1) MINIMUM AMOUNT.—Not more than 15

5 percent or $250,000, whichever is greater, of the

6 amount derived under this section in any fiscal year

7 may be used for administering the program under

8 the cooperative agreement executed under section 5

9 of this Act.

10 (2) ALLOCATION.—Of the amount used for ad11 ministering the program in any fiscal year, two

12 thirds shall be allocated to the National Maritime

13 Trust and one-third allocated to the Secretary.

14 (f) DISBURSEMENT CRITERIA.—In expending the

15 funds derived under this section, the Secretary shall give

16 due consideration to the following factors:

17 (1) the national significance of a project;

18 (2) its maritime historical and educational value

19 to the community;

20 (3) the imminence of its destruction or loss;

21 and

22 (4) the expressed intentions of the donor.
22

S 1727 IS

1 SEC. 7. MARITIME HERITAGE PROGRAM GRANTS COMMIT2 TEE.

3 (a) ESTABLISHMENT.—There is established a Mari4 time Heritage Grants Committee.

5 (b) MEMBERSHIP.—Within one hundred twenty days

6 of enactment of this Act, and biennially thereafter, the

7 Secretary shall appoint the members of the Committee.

8 The Committee shall consist of eleven members represent9 ing various sectors of the maritime community who are

10 knowledgeable and experienced in maritime heritage and

11 preservation, and showing regional geographic balance, as

12 follows:

13 (1) one representative from the field of small

14 craft preservation;

15 (2) one representative from the field of large

16 vessel preservation;

17 (3) one representative from the field of sail

18 training;

19 (4) one representative from the field of preser20 vation architecture;

21 (5) one representative from the field of under22 water archeology;

23 (6) one representative from the field of light24 house preservation;

25 (7) one representative from the field of mari26 time education;
23

S 1727 IS

1 (8) one representative having a military naval

2 history background;

3 (9) one representative from a maritime museum

4 or maritime historical society;

5 (10) one representative who is a State Historic

6 Preservation Officer whose State has an agreement

7 with the Secretary under section 5 of this Act; and

8 (11) one representative from the general public.

9 (c) DUTIES OF THE COMMITTEE.—The duties of the

10 Committee include—

11 (1) providing oversight of the grants program

12 on a continuing basis;

13 (2) reviewing grant proposals;

14 (3) making funding recommendations to the

15 Secretary;

16 (4) identifying and advising the Secretary re17 garding priorities for achieving the purposes of the

18 Act;

19 (5) reviewing the National Maritime Trust’s an20 nual grants report to the Secretary; and

21 (6) performing any other duties as the Sec22 retary deems appropriate.

23 (d) REPORT.—The Committee shall submit annually

24 a comprehensive report of its activities and the results of

25 its studies to the Secretary and Congress and shall from
24

S 1727 IS

1 time to time submit additional and special reports as it

2 deems advisable. Each report shall propose legislative en3 actments and other actions as, in the judgment of the

4 Committee, are necessary and appropriate to carry out its

5 recommendations and shall provide the Committee’s as6 sessment of current and emerging problems in the field

7 of maritime historic preservation and an evaluation of the

8 effectiveness of the programs of Federal agencies, State

9 and local governments, and the private sector in carrying

10 out the purposes of this Act.

11 (e) QUORUM.—Seven members of the Committee

12 shall constitute a quorum.

13 (f) APPOINTMENTS PROCESS.—

14 (1) DUTIES OF THE SECRETARY.—The Sec15 retary shall—

16 (A) publicize annually in the Federal Reg17 ister a call for nominations with a statement

18 that the applications for nomination shall be

19 submitted to the National Maritime Trust;

20 (B) make the appointments to the Com21 mittee giving due consideration to the rec22 ommendations of the National Maritime Trust;

23 and

24 (C) designate a Chairman and a Vice

25 Chairman, from the members appointed under
25

S 1727 IS

1 this section. The Vice Chairman may act in

2 place of the Chairman during the absence or

3 disability of the Chairman or when the office is

4 vacant.

5 (2) DUTIES OF THE NATIONAL MARITIME

6 TRUST.—The National Maritime Trust shall—

7 (A) widely publicize the call for nomina8 tions in its newsletter and by any other appro9 priate means;

10 (B) collect nominations and categorize the

11 nominations as set forth in subsection (b); and

12 (C) submit the nominations to the Sec13 retary with recommendations as to appoint14 ments by category as set forth in subsection

15 (b).

16 (3) TERMS OF APPOINTMENTS.—The members

17 of the Committee shall be appointed for staggered

18 terms of not more than three years. If a vacancy oc19 curs, the Secretary shall appoint a replacement for

20 the balance of the vacated term within sixty days.

21 (g) GOVERNMENT REPRESENTATIVES.—There shall

22 be nonvoting government representatives appointed to

23 serve as advisors to the Committee as follows—

24 (1) one representative each from the Depart25 ment of Transportation, Department of the Navy,
26

S 1727 IS

1 and the National Oceanographic and Atmospheric

2 Administration;

3 (2) at least one representative from the Na4 tional Maritime Initiative of the National Park Serv5 ice; and

6 (3) other representatives from interested gov7 ernment agencies as the Secretary deems appro8 priate.

9 (h) COMMITTEE INDEPENDENCE.—No officer or

10 agency of the United States shall have any authority to

11 require the Committee to submit its legislative rec12 ommendations, or testimony, or comments on legislation

13 to any officer or agency of the United States for approval,

14 comments, or review, prior to the submission of rec15 ommendations, testimony, or comments to Congress. In

16 instances in which the Committee voluntarily seeks to ob17 tain the comments or review of any officer or agency of

18 the United States, the Committee shall include a descrip19 tion of those actions in its legislative recommendations,

20 testimony, or comments on legislation that it transmits to

21 Congress.

22 (i) SECRETARY ASSISTANCE.—To assist the Commit23 tee in discharging its responsibilities under this Act, the

24 Secretary at the request of the Chairman, shall provide

25 a report to the Committee detailing the significance of any
27

S 1727 IS

1 maritime historic resource, describing the effects of any

2 proposed undertaking on the affecting resource, and rec3 ommending measure to avoid, minimize, or mitigate ad4 verse effects.

5 (j) COMPENSATION.—A member of the Committee

6 who is not an officer or employee of the United States

7 shall serve without pay, and a member of the Committee

8 who is an officer or employee of the United States shall

9 receive no additional pay, on account of the member’s

10 service on the Committee. While away from home or regu11 lar place of business in the performance of service for the

12 Committee, a member of the Committee shall be allowed

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

14 in the same manner as a person employed intermittently

15 in the Government service is allowed expenses under sec16 tion 5703 of title 5, United States Code.

17 (k) FACA EXEMPTION.—The Committee is exempt

18 from the provisions of the Federal Advisory Committee

19 Act (86 Stat. 770).

20 SEC. 8. INTERIM PROJECTS.

21 (a) DETERMINATION BY COMMITTEE.—Within six

22 months of the date of enactment of this Act, the Commit23 tee, in consultation with the Secretary, shall determine if

24 any projects exist that meet the criteria under subsection

25 (d) of this section.
28

S 1727 IS

1 (b) DESIGNATION BY SECRETARY.—The Secretary

2 shall designate those projects determined qualified under

3 subsection (a) of this section to receive a grant prior to

4 issuance of the implementing regulations.

5 (c) ISSUANCE OF GRANTS.—Upon scrapping of a ves6 sel under section 6 of this Act, the Secretary shall disburse

7 funds derived under that section to those projects des8 ignated in subsection (b) of this section in the amounts

9 approved in the grant for each project.

10 (d) INTERIM CRITERIA.—To qualify for an interim

11 grant, a grantee must meet the criteria under section 5(e)

12 of this Act and—

13 (1) be a 501(c)(3) organization;

14 (2) demonstrate that the project needs acceler15 ated consideration to contribute to a significant na16 tional event relating to the maritime heritage of the

17 United States;

18 (3) establish that one-half of the matching

19 funds are in cash;

20 (4) demonstrate that the project for which

21 funding is sought is national in scope and edu22 cational in nature; and

23 (5) show that the proposed project is supported

24 by a broadbased membership program or group of

25 donors.
29

S 1727 IS

1 SEC. 9. AUDITS OF ACCOUNTS.

2 (a) INDEPENDENT AUDIT.—The accounts of the Na3 tional Maritime Trust shall be audited annually in accord4 ance with generally accepted auditing standards by inde5 pendent certified public accountants or independent li6 censed public accountants certified or licensed by a regu7 latory authority of a State or other political subdivision

8 of the United States. The audits shall be conducted at a

9 place or places where the accounts of the organization are

10 nominally kept. All books, accounts, financial records, re11 ports, files, and all other papers, things, or property be12 longing to or in use by the Alliance and necessary to facili13 tate the audits, and full facilities for verifying transactions

14 with any assets held by depositories, fiscal agents, and

15 custodians, shall be afforded to that person or persons.

16 The report of this independent audit shall be included in

17 the report to Congress required by section 3 of this Act.

18 (b) GENERAL ACCOUNTING OFFICE AUDIT.—The fi19 nancial transactions of the National Maritime Trust for

20 each fiscal year may be audited by the General Accounting

21 Office in accordance with the principles and procedures

22 and under rules and regulations as may be prescribed by

23 the Comptroller General of the United States. Any audit

24 shall be conducted at the place or places where accounts

25 of the organization are normally kept. The representatives

26 of the General Accounting Office shall have access to all
30

S 1727 IS

1 books, accounts, records, reports, and files, and all other

2 papers, things, or property belonging to or in use by the

3 Trust, pertaining to its financial transactions and nec4 essary to facilitate the audit, and shall be afforded full

5 facilities for verifying transactions with any assets held by

6 depositories, fiscal agents, and custodians. All books, ac7 counts, records, reports, files, papers, and property of the

8 organization shall remain in the possession and custody

9 of the organization.

10 SEC. 10. DEFINITIONS.

11 (a) ‘‘Committee’’ means the Maritime Heritage

12 Grants Committee established under section 5.

13 (b) ‘‘Secretary’’ means the Secretary of Transpor14 tation.

15 SEC. 11. REGULATIONS.

16 The Secretary, after consultation with the maritime

17 community, shall promulgate regulations within one year

18 of the date of enactment of this Act to establish terms

19 of office for committee membership, granting priorities,

20 the method of solicitation and review of grant proposals,

21 criteria for review of grant proposals, administrative re22 quirements, reporting and record keeping requirements,

23 delegation of project and program administration to State

24 Historic Preservation officers, and any other requirements

25 as the Secretary deems appropriate.
31

S 1727 IS

Æ