107TH CONGRESS

1ST SESSION H. R. 1099

AN ACT

To make changes in laws governing Coast Guard personnel,

increase marine safety, renew certain groups that advise

the Coast Guard on safety issues, make miscellaneous

improvements to Coast Guard operations and policies,

and for other purposes.
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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 ‘‘Coast Guard Personnel

5 and Maritime Safety Act of 2001’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—PERSONNEL MANAGEMENT

Sec. 101. Coast Guard band director rank.

Sec. 102. Compensatory absence for isolated duty.

Sec. 103. Accelerated promotion of certain Coast Guard officers.

TITLE II—MARINE SAFETY

Sec. 201. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radiotelephone Act.

Sec. 202. Preservation of certain reporting requirements.

Sec. 203. Oil Spill Liability Trust Fund; emergency fund borrowing authority.

Sec. 204. Merchant mariner documentation requirements.

Sec. 205. Penalties for negligent operations and interfering with safe operation.

TITLE III—RENEWAL OF ADVISORY GROUPS

Sec. 301. Commercial Fishing Industry Vessel Advisory Committee.

Sec. 302. Houston-Galveston Navigation Safety Advisory Committee.

Sec. 303. Lower Mississippi River Waterway Advisory Committee.

Sec. 304. Navigation Safety Advisory Council.

Sec. 305. National boating safety advisory council.

Sec. 306. Towing Safety Advisory Committee.

TITLE IV—MISCELLANEOUS

Sec. 401. Patrol craft.

Sec. 402. Clarification of Coast Guard authority to control vessels in territorial

waters of the United States.

Sec. 403. Caribbean support tender.

Sec. 404. Prohibition of new maritime user fees.

Sec. 405. Great Lakes lighthouses.

Sec. 406. Coast Guard report on implementation of NTSB recommendations.

Sec. 407. Conveyance of Coast Guard property in Portland, Maine.

Sec. 408. Harbor safety committees.

Sec. 409. Miscellaneous conveyances.

Sec. 410. Partnerships for performance of work at Coast Guard Yard.

Sec. 411. Boating safety.
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1 TITLE I—PERSONNEL

2 MANAGEMENT

3 SEC. 101. COAST GUARD BAND DIRECTOR RANK.

4 Section 336(d) of title 14, United States Code, is

5 amended by striking ‘‘commander’’ and inserting ‘‘cap6 tain’’.

7 SEC. 102. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

8 (a) IN GENERAL.—Section 511 of title 14, United

9 States Code, is amended to read as follows:

10 ‘‘§ 511. Compensatory absence from duty for military

11 personnel at isolated duty stations

12 ‘‘The Secretary may grant compensatory absence

13 from duty to military personnel of the Coast Guard serv14 ing at isolated duty stations of the Coast Guard when con15 ditions of duty result in confinement because of isolation

16 or in long periods of continuous duty.’’.

17 (b) CLERICAL AMENDMENT.—The chapter analysis

18 for chapter 13 of title 14, United States Code, is amended

19 by striking the item relating to section 511 and inserting

20 the following:

‘‘511. Compensatory absence from duty for military personnel at isolated duty

stations.’’.

21 SEC. 103. ACCELERATED PROMOTION OF CERTAIN COAST

22 GUARD OFFICERS.

23 Title 14, United States Code, is amended—
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1 (1) in section 259, by adding at the end a new

2 subsection (c) to read as follows:

3 ‘‘(c)(1) After selecting the officers to be rec4 ommended for promotion, a selection board may rec5 ommend officers of particular merit, from among those of6 ficers chosen for promotion, to be placed at the top of the

7 list of selectees promulgated by the Secretary under sec8 tion 271(a) of this title. The number of officers that a

9 board may recommend to be placed at the top of the list

10 of selectees may not exceed the percentages set forth in

11 subsection (b) unless such a percentage is a number less

12 than one, in which case the board may recommend one

13 officer for such placement. No officer may be rec14 ommended to be placed at the top of the list of selectees

15 unless he or she receives the recommendation of at least

16 a majority of the members of a board composed of five

17 members, or at least two-thirds of the members of a board

18 composed of more than five members.

19 ‘‘(2) The Secretary shall conduct a survey of the

20 Coast Guard officer corps to determine if implementation

21 of this subsection will improve Coast Guard officer reten22 tion. A selection board may not make any recommendation

23 under this subsection before the date on which the Sec24 retary publishes a finding, based upon the results of the
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1 survey, that implementation of this subsection will im2 prove Coast Guard officer retention.

3 ‘‘(3) The Secretary shall submit any finding made by

4 the Secretary pursuant to paragraph (2) to the Committee

5 on Transportation and Infrastructure of the House of

6 Representatives and the Committee on Commerce,

7 Science, and Transportation of the Senate.’’;

8 (2) in section 260(a), by inserting ‘‘and the

9 names of those officers recommended to be advanced

10 to the top of the list of selectees established by the

11 Secretary under section 271(a) of this title’’ after

12 ‘‘promotion’’; and

13 (3) in section 271(a), by inserting at the end

14 thereof the following: ‘‘The names of all officers ap15 proved by the President and recommended by the

16 board to be placed at the top of the list of selectees

17 shall be placed at the top of the list of selectees in

18 the order of seniority on the active duty promotion

19 list.’’.

20 TITLE II—MARINE SAFETY

21 SEC. 201. EXTENSION OF TERRITORIAL SEA FOR VESSEL

22 BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.

23 Section 4(b) of the Vessel Bridge-to-Bridge Radio24 telephone Act (33 U.S.C. 1203(b)), is amended by striking

25 ‘‘United States inside the lines established pursuant to
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1 section 2 of the Act of February 19, 1895 (28 Stat. 672),

2 as amended.’’ and inserting ‘‘United States, which in3 cludes all waters of the territorial sea of the United States

4 as described in Presidential Proclamation 5928 of Decem5 ber 27, 1988.’’.

6 SEC. 202. PRESERVATION OF CERTAIN REPORTING RE7 QUIREMENTS.

8 Section 3003(a)(1) of the Federal Reports Elimi9 nation and Sunset Act of 1995 (31 U.S.C. 1113 note)

10 does not apply to any report required to be submitted

11 under any of the following provisions of law:

12 (1) COAST GUARD OPERATIONS AND EXPENDI13 TURES.—Section 651 of title 14, United States

14 Code.

15 (2) SUMMARY OF MARINE CASUALTIES RE16 PORTED DURING PRIOR FISCAL YEAR.—Section

17 6307(c) of title 46, United States Code.

18 (3) USER FEE ACTIVITIES AND AMOUNTS.—

19 Section 664 of title 46, United States Code.

20 (4) CONDITIONS OF PUBLIC PORTS OF THE

21 UNITED STATES.—Section 308(c) of title 49, United

22 States Code.

23 (5) ACTIVITIES OF FEDERAL MARITIME COM24 MISSION.—Section 208 of the Merchant Marine Act,

25 1936 (46 App. U.S.C. 1118).
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1 (6) ACTIVITIES OF INTERAGENCY COORDI2 NATING COMMITTEE ON OIL POLLUTION RE3 SEARCH.—Section 7001(e) of the Oil Pollution Act

4 of 1990 (33 U.S.C. 2761(e)).

5 SEC. 203. OIL SPILL LIABILITY TRUST FUND; EMERGENCY

6 FUND BORROWING AUTHORITY.

7 Section 6002(b) of the Oil Pollution Act of 1990 (33

8 U.S.C. 2752(b)) is amended after the first sentence by

9 inserting ‘‘To the extent that such amount is not adequate

10 for removal of a discharge or the mitigation or prevention

11 of a substantial threat of a discharge, the Coast Guard

12 may borrow from the Fund such sums as may be nec13 essary, up to a maximum of $100,000,000, and within 30

14 days shall notify Congress of the amount borrowed and

15 the facts and circumstances necessitating the loan.

16 Amounts borrowed shall be repaid to the Fund when, and

17 to the extent that removal costs are recovered by the Coast

18 Guard from responsible parties for the discharge or sub19 stantial threat of discharge.’’.

20 SEC. 204. MERCHANT MARINER DOCUMENTATION RE21 QUIREMENTS.

22 (a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—

23 Section 7302 of title 46, United States Code, is

24 amended—
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1 (1) by striking ‘‘A’’ in subsection (f) and insert2 ing ‘‘Except as provided in subsection (g), a’’; and

3 (2) by adding at the end the following:

4 ‘‘(g)(1) The Secretary may, pending receipt and re5 view of information required under subsections (c) and

6 (d), immediately issue an interim merchant mariner’s doc7 ument valid for a period not to exceed 120 days, to—

8 ‘‘(A) an individual to be employed as gaming

9 personnel, entertainment personnel, wait staff, or

10 other service personnel on board a passenger vessel

11 not engaged in foreign service, with no duties, in12 cluding emergency duties, related to the navigation

13 of the vessel or the safety of the vessel, its crew,

14 cargo or passengers; or

15 ‘‘(B) an individual seeking renewal of, or quali16 fying for a supplemental endorsement to, a valid

17 merchant mariner’s document issued under this sec18 tion.

19 ‘‘(2) No more than one interim document may be

20 issued to an individual under paragraph (1)(A) of this

21 subsection.’’.

22 (b) EXCEPTION.—Section 8701(a) of title 46, United

23 States Code, is amended—

24 (1) by striking ‘‘and’’ after the semicolon in

25 paragraph (8);
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1 (2) by redesignating paragraph (9) as para2 graph (10); and

3 (3) by inserting after paragraph (8) the fol4 lowing:

5 ‘‘(9) a passenger vessel not engaged in a for6 eign voyage with respect to individuals on board em7 ployed for a period of not more than 30 service days

8 within a 12 month period as entertainment per9 sonnel, with no duties, including emergency duties,

10 related to the navigation of the vessel or the safety

11 of the vessel, its crew, cargo or passengers; and’’.

12 SEC. 205. PENALTIES FOR NEGLIGENT OPERATIONS AND

13 INTERFERING WITH SAFE OPERATION.

14 Section 2302(a) of title 46, United States Code, is

15 amended by striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in

16 the case of a recreational vessel, or $25,000 in the case

17 of any other vessel.’’.

18 TITLE III—RENEWAL OF

19 ADVISORY GROUPS

20 SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVI21 SORY COMMITTEE.

22 (a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI23 SORY COMMITTEE.—Section 4508 of title 46, United

24 States Code, is amended—
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1 (1) by inserting ‘‘Safety’’ in the heading after

2 ‘‘Vessel’’;

3 (2) by inserting ‘‘Safety’’ in subsection (a) after

4 ‘‘Vessel’’;

5 (3) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in

6 subsection (e)(1)(I) and inserting ‘‘(5 U.S.C.

7 App.)’’; and

8 (4) by striking ‘‘of September 30, 2000’’ and

9 inserting ‘‘on September 30, 2005’’.

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 45 of title 46, United States Code, is

12 amended by striking the item relating to section 4508 and

13 inserting the following:

‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.

14 SEC. 302. HOUSTON-GALVESTON NAVIGATION SAFETY AD15 VISORY COMMITTEE.

16 Section 18(h) of the Coast Guard Authorization Act

17 of 1991 (Public Law 102–241) is amended by striking

18 ‘‘September 30, 2000.’’ and inserting ‘‘September 30,

19 2005.’’.

20 SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY

21 COMMITTEE.

22 Section 19 of the Coast Guard Authorization Act of

23 1991 (Public Law 102–241) is amended by striking ‘‘Sep24 tember 30, 2000’’ in subsection (g) and inserting ‘‘Sep25 tember 30, 2005’’.
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1 SEC. 304. NAVIGATION SAFETY ADVISORY COUNCIL.

2 Section 5 of the Inland Navigational Rules Act of

3 1980 (33 U.S.C. 2073) is amended by striking ‘‘Sep4 tember 30, 2000’’ in subsection (d) and inserting ‘‘Sep5 tember 30, 2005’’.

6 SEC. 305. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

7 Section 13110 of title 46, United States Code, is

8 amended by striking ‘‘September 30, 2000’’ in subsection

9 (e) and inserting ‘‘September 30, 2005’’.

10 SEC. 306. TOWING SAFETY ADVISORY COMMITTEE.

11 The Act entitled ‘‘An Act to Establish a Towing Safe12 ty Advisory Committee in the Department of Transpor13 tation’’ (33 U.S.C. 1231a) is amended by striking ‘‘Sep14 tember 30, 2000.’’ in subsection (e) and inserting ‘‘Sep15 tember 30, 2005.’’.

16 TITLE IV—MISCELLANEOUS

17 SEC. 401. PATROL CRAFT.

18 Notwithstanding any other provision of law, the Sec19 retary of Transportation may accept, by direct transfer

20 without cost, for use by the Coast Guard primarily for ex21 panded drug interdiction activities required to meet na22 tional supply reduction performance goals, up to 7 PC–

23 170 patrol craft from the Department of Defense if it of24 fers to transfer such craft.
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1 SEC. 402. CLARIFICATION OF COAST GUARD AUTHORITY TO

2 CONTROL VESSELS IN TERRITORIAL WATERS

3 OF THE UNITED STATES.

4 The Ports and Waterways Safety Act (33 U.S.C.

5 1221 et seq.) is amended by adding at the end the fol6 lowing:

7 ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI8 RECTION OF VESSELS BY COAST GUARD.

9 ‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu10 lations prescribed by the Secretary, a commercial vessel

11 entering the territorial sea of the United States shall no12 tify the Secretary not later than 24 hours before that

13 entry and provide the following information regarding the

14 vessel:

15 ‘‘(1) The name of the vessel.

16 ‘‘(2) The route and port or place of destination

17 in the United States.

18 ‘‘(3) The time of entry into the territorial sea.

19 ‘‘(4) Any information requested by the Sec20 retary to demonstrate compliance with applicable

21 international agreements to which the United States

22 is a party.

23 ‘‘(5) If the vessel is carrying dangerous cargo,

24 a description of that cargo.

25 ‘‘(6) A description of any hazardous conditions

26 on the vessel.
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1 ‘‘(7) Any other information requested by the

2 Secretary.

3 ‘‘(b) DENIAL OF ENTRY.—The Secretary may deny

4 entry of a vessel into the territorial sea of the United

5 States if—

6 ‘‘(1) the Secretary has not received notification

7 for the vessel in accordance with subsection (a); or

8 ‘‘(2) the vessel is not in compliance with any

9 other applicable law relating to marine safety, secu10 rity, or environmental protection.

11 ‘‘(c) DIRECTION OF VESSEL.—The Secretary may di12 rect the operation of any vessel in the navigable waters

13 of the United States as necessary during hazardous cir14 cumstances, including the absence of a pilot required by

15 State or Federal law, weather, casualty, vessel traffic, or

16 the poor condition of the vessel.

17 ‘‘(d) IMPLEMENTATION.—The Secretary shall imple18 ment this section consistent with section 4(d).’’.

19 SEC. 403. CARIBBEAN SUPPORT TENDER.

20 The Coast Guard is authorized to operate and main21 tain a Caribbean Support Tender (or similar type vessel)

22 to provide technical assistance, including law enforcement

23 training, for foreign coast guards, navies, and other mari24 time services.
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1 SEC. 404. PROHIBITION OF NEW MARITIME USER FEES.

2 Section 2110(k) of title 46, United States Code, is

3 amended by striking ‘‘2001’’ and inserting ‘‘2006’’.

4 SEC. 405. GREAT LAKES LIGHTHOUSES.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The Great Lakes are home to more than

7 400 lighthouses. 120 of these maritime landmarks

8 are in the State of Michigan.

9 (2) Lighthouses are an important part of Great

10 Lakes culture and stand as a testament to the im11 portance of shipping in the region’s political, eco12 nomic, and social history.

13 (3) Advances in navigation technology have

14 made many Great Lakes lighthouses obsolete. In

15 Michigan alone, approximately 70 lighthouses will be

16 designated as excess property of the Federal Govern17 ment and will be transferred to the General Services

18 Administration for disposal.

19 (4) Unfortunately, the Federal property dis20 posal process is confusing, complicated, and not well21 suited to disposal of historic lighthouses or to facili22 tate transfers to nonprofit organizations. This is es23 pecially troubling because, in many cases, local non24 profit historical organizations have dedicated tre25 mendous resources to preserving and maintaining

26 Great Lakes lighthouses.
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1 (5) If Great Lakes lighthouses disappear, the

2 public will be unaware of an important chapter in

3 Great Lakes history.

4 (6) The National Trust for Historic Preserva5 tion has placed Michigan lighthouses on their list of

6 Most Endangered Historic Places.

7 (b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE

8 PRESERVATION EFFORTS.—The Secretary of Transpor9 tation, acting through the Coast Guard, shall—

10 (1) continue to offer advice and technical assist11 ance to organizations in the Great Lakes region that

12 are dedicated to lighthouse stewardship; and

13 (2) promptly release information regarding the

14 timing of designations of Coast Guard lighthouses

15 on the Great Lakes as excess to the needs of the

16 Coast Guard, to enable those organizations to mobi17 lize and be prepared to take appropriate action with

18 respect to the disposal of those properties.

19 SEC. 406. COAST GUARD REPORT ON IMPLEMENTATION OF

20 NTSB RECOMMENDATIONS.

21 The Commandant of the Coast Guard shall submit

22 a written report to the Committee on Transportation and

23 Infrastructure of the House of Representatives and the

24 Committee on Commerce, Science, and Transportation of

25 the Senate within 90 days after the date of enactment of
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1 this Act on what actions the Coast Guard has taken to

2 implement the recommendations of the National Trans3 portation Safety Board in its Report No. MAR–99–01.

4 The report—

5 (1) shall describe in detail, by geographic

6 region—

7 (A) what steps the Coast Guard is taking

8 to fill gaps in its communications coverage;

9 (B) what progress the Coast Guard has

10 made in installing direction-finding systems;

11 and

12 (C) what progress the Coast Guard has

13 made toward completing its national distress

14 and response system modernization project; and

15 (2) include an assessment of the safety benefits

16 that might reasonably be expected to result from in17 creased or accelerated funding for—

18 (A) measures described in paragraph

19 (1)(A); and

20 (B) the national distress and response sys21 tem modernization project.

22 SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY IN

23 PORTLAND, MAINE.

24 (a) AUTHORITY TO CONVEY.—
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1 (1) IN GENERAL.—The Secretary of Transpor2 tation, or a designee of the Secretary, may convey

3 to the Gulf of Maine Aquarium Development Cor4 poration, its successors and assigns, without pay5 ment for consideration, all right, title, and interest

6 of the United States in and to approximately 4.13

7 acres of land, including a pier and bulkhead, known

8 as the Naval Reserve Pier property, together with

9 any improvements thereon in their then current con10 dition, located in Portland, Maine. All conditions

11 placed with the deed of title shall be construed as

12 covenants running with the land.

13 (2) IDENTIFICATION OF PROPERTY.—The Sec14 retary, in consultation with the Commandant of the

15 Coast Guard, may identify, describe, and determine

16 the property to be conveyed under this section. The

17 floating docks associated with or attached to the

18 Naval Reserve Pier property shall remain the per19 sonal property of the United States.

20 (b) LEASE TO THE UNITED STATES.—

21 (1) CONDITION OF CONVEYANCE.—The Naval

22 Reserve Pier property shall not be conveyed until the

23 Corporation enters into a lease agreement with the

24 United States, the terms of which are mutually sat25 isfactory to the Commandant and the Corporation,
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1 in which the Corporation shall lease a portion of the

2 Naval Reserve Pier property to the United States

3 for a term of 30 years without payment of consider4 ation. The lease agreement shall be executed within

5 12 months after the date of enactment of this Act.

6 (2) IDENTIFICATION OF LEASED PREMISES.—

7 The Secretary, in consultation with the Com8 mandant, may identify and describe the leased prem9 ises and rights of access, including the following, in

10 order to allow the Coast Guard to operate and per11 form missions from and upon the leased premises:

12 (A) The right of ingress and egress over

13 the Naval Reserve Pier property, including the

14 pier and bulkhead, at any time, without notice,

15 for purposes of access to Coast Guard vessels

16 and performance of Coast Guard missions and

17 other mission-related activities.

18 (B) The right to berth Coast Guard cut19 ters or other vessels as required, in the moor20 ings along the east side of the Naval Reserve

21 Pier property, and the right to attach floating

22 docks which shall be owned and maintained at

23 the United States’ sole cost and expense.

24 (C) The right to operate, maintain, re25 move, relocate, or replace an aid to navigation
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1 located upon, or to install any aid to navigation

2 upon, the Naval Reserve Pier property as the

3 Coast Guard, in its sole discretion, may deter4 mine is needed for navigational purposes.

5 (D) The right to occupy up to 3,000 gross

6 square feet at the Naval Reserve Pier property

7 for storage and office space, which will be pro8 vided and constructed by the Corporation, at

9 the Corporation’s sole cost and expense, and

10 which will be maintained, and utilities and

11 other operating expenses paid for, by the

12 United States at its sole cost and expense.

13 (E) The right to occupy up to 1,200 gross

14 square feet of offsite storage in a location other

15 than the Naval Reserve Pier property, which

16 will be provided by the Corporation at the Cor17 poration’s sole cost and expense, and which will

18 be maintained, and utilities and other operating

19 expenses paid for, by the United States at its

20 sole cost and expense.

21 (F) The right for Coast Guard personnel

22 to park up to 60 vehicles, at no expense to the

23 government, in the Corporation’s parking

24 spaces on the Naval Reserve Pier property or in

25 parking spaces that the Corporation may secure
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1 within 1,000 feet of the Naval Reserve Pier

2 property or within 1,000 feet of the Coast

3 Guard Marine Safety Office Portland. Spaces

4 for no less than 30 vehicles shall be located on

5 the Naval Reserve Pier property.

6 (3) RENEWAL.—The lease described in para7 graph (1) may be renewed, at the sole option of the

8 United States, for additional lease terms.

9 (4) LIMITATION ON SUBLEASES.—The United

10 States may not sublease the leased premises to a

11 third party or use the leased premises for purposes

12 other than fulfilling the missions of the Coast Guard

13 and for other mission related activities.

14 (5) TERMINATION.—In the event that the Coast

15 Guard ceases to use the leased premises, the Sec16 retary, in consultation with the Commandant, may

17 terminate the lease with the Corporation.

18 (c) IMPROVEMENT OF LEASED PREMISES.—

19 (1) IN GENERAL.—The Naval Reserve Pier

20 property shall not be conveyed until the Corporation

21 enters into an agreement with the United States,

22 subject to the Commandant’s design specifications,

23 project’s schedule, and final project approval, to re24 place the bulkhead and pier which connects to, and

25 provides access from, the bulkhead to the floating
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1 docks, at the Corporation’s sole cost and expense, on

2 the east side of the Naval Reserve Pier property

3 within 30 months from the date of conveyance. The

4 agreement to improve the leased premises shall be

5 executed within 12 months after the date of enact6 ment of this Act.

7 (2) FURTHER IMPROVEMENTS.—In addition to

8 the improvements described in paragraph (1), the

9 Commandant is authorized to further improve the

10 leased premises during the lease term, at the United

11 States sole cost and expense.

12 (d) UTILITY INSTALLATION AND MAINTENANCE OB13 LIGATIONS.—

14 (1) UTILITIES.—The Naval Reserve Pier prop15 erty shall not be conveyed until the Corporation en16 ters into an agreement with the United States to

17 allow the United States to operate and maintain ex18 isting utility lines and related equipment, at the

19 United States sole cost and expense. At such time

20 as the Corporation constructs its proposed public

21 aquarium, the Corporation shall replace existing util22 ity lines and related equipment and provide addi23 tional utility lines and equipment capable of sup24 porting a third 110-foot Coast Guard cutter, with

25 comparable, new, code compliant utility lines and
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1 equipment at the Corporation’s sole cost and ex2 pense, maintain such utility lines and related equip3 ment from an agreed upon demarcation point, and

4 make such utility lines and equipment available for

5 use by the United States, provided that the United

6 States pays for its use of utilities at its sole cost and

7 expense. The agreement concerning the operation

8 and maintenance of utility lines and equipment shall

9 be executed within 12 months after the date of en10 actment of this Act.

11 (2) MAINTENANCE.—The Naval Reserve Pier

12 property shall not be conveyed until the Corporation

13 enters into an agreement with the United States to

14 maintain, at the Corporation’s sole cost and expense,

15 the bulkhead and pier on the east side of the Naval

16 Reserve Pier property. The agreement concerning

17 the maintenance of the bulkhead and pier shall be

18 executed within 12 months after the date of enact19 ment of this Act.

20 (3) AIDS TO NAVIGATION.—The United States

21 shall be required to maintain, at its sole cost and ex22 pense, any Coast Guard active aid to navigation lo23 cated upon the Naval Reserve Pier property.
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1 (e) ADDITIONAL RIGHTS.—The conveyance of the

2 Naval Reserve Pier property shall be made subject to con3 ditions the Secretary considers necessary to ensure that—

4 (1) the Corporation shall not interfere or allow

5 interference, in any manner, with use of the leased

6 premises by the United States; and

7 (2) the Corporation shall not interfere or allow

8 interference, in any manner, with any aid to naviga9 tion nor hinder activities required for the operation

10 and maintenance of any aid to navigation, without

11 the express written permission of the head of the

12 agency responsible for operating and maintaining

13 the aid to navigation.

14 (f) REMEDIES AND REVERSIONARY INTEREST.—The

15 Naval Reserve Pier property, at the option of the Sec16 retary, shall revert to the United States and be placed

17 under the administrative control of the Secretary, if, and

18 only if, the Corporation fails to abide by any of the terms

19 of this section or any agreement entered into under sub20 section (b), (c), or (d) of this section.

21 (g) LIABILITY OF THE PARTIES.—The liability of the

22 United States and the Corporation for any injury, death,

23 or damage to or loss of property occurring on the leased

24 property shall be determined with reference to existing

25 State or Federal law, as appropriate, and any such liabil-
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1 ity may not be modified or enlarged by this Act or any

2 agreement of the parties.

3 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The

4 authority to convey the Naval Reserve property under this

5 section shall expire 3 years after the date of enactment

6 of this Act.

7 (i) DEFINITIONS.—In this section:

8 (1) AID TO NAVIGATION.—The term ‘‘aid to

9 navigation’’ means equipment used for navigational

10 purposes, including but not limited to, a light, an11 tenna, sound signal, electronic navigation equipment,

12 cameras, sensors power source, or other related

13 equipment which are operated or maintained by the

14 United States.

15 (2) CORPORATION.—The term ‘‘Corporation’’

16 means the Gulf of Maine Aquarium Development

17 Corporation, its successors and assigns.

18 SEC. 408. HARBOR SAFETY COMMITTEES.

19 (a) STUDY.—The Coast Guard shall study existing

20 harbor safety committees in the United States to

21 identify—

22 (1) strategies for gaining successful cooperation

23 among the various groups having an interest in the

24 local port or waterway;
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1 (2) organizational models that can be applied to

2 new or existing harbor safety committees or to pro3 totype harbor safety committees established under

4 subsection (b);

5 (3) technological assistance that will help har6 bor safety committees overcome local impediments to

7 safety, mobility, environmental protection, and port

8 security; and

9 (4) recurring resources necessary to ensure the

10 success of harbor safety committees.

11 (b) PROTOTYPE COMMITTEES.—The Coast Guard

12 shall test the feasibility of expanding the harbor safety

13 committee concept to small and medium-sized ports that

14 are not generally served by a harbor safety committee by

15 establishing 1 or more prototype harbor safety commit16 tees. In selecting a location or locations for the establish17 ment of a prototype harbor safety committee, the Coast

18 Guard shall—

19 (1) consider the results of the study conducted

20 under subsection (a);

21 (2) consider identified safety issues for a par22 ticular port;

23 (3) compare the potential benefits of estab24 lishing such a committee with the burdens the estab-
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1 lishment of such a committee would impose on par2 ticipating agencies and organizations;

3 (4) consider the anticipated level of support

4 from interested parties; and

5 (5) take into account such other factors as may

6 be appropriate.

7 (c) EFFECT ON EXISTING PROGRAMS AND STATE

8 LAW.—Nothing in this section—

9 (1) limits the scope or activities of harbor safe10 ty committees in existence on the date of enactment

11 of this Act;

12 (2) precludes the establishment of new harbor

13 safety committees in locations not selected for the

14 establishment of a prototype committee under sub15 section (b); or

16 (3) preempts State law.

17 (d) NONAPPLICATION OF FACA.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) does not apply to har19 bor safety committees established under this section or

20 any other provision of law.

21 (e) HARBOR SAFETY COMMITTEE DEFINED.—In this

22 section, the term ‘‘harbor safety committee’’ means a local

23 coordinating body—
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1 (1) whose responsibilities include recommending

2 actions to improve the safety of a port or waterway;

3 and

4 (2) the membership of which includes represent5 atives of government agencies, maritime labor, mari6 time industry companies and organizations, environ7 mental groups, and public interest groups.

8 SEC. 409. MISCELLANEOUS CONVEYANCES.

9 (a) AUTHORITY TO CONVEY.—

10 (1) IN GENERAL.—The Secretary of Transpor11 tation may convey, by an appropriate means of con12 veyance, all right, title, and interest of the United

13 States in and to each of the following properties:

14 (A) Coast Guard Slip Point Light Station,

15 located in Clallam County, Washington, to

16 Clallam County, Washington.

17 (B) The parcel of land on which is situated

18 the Point Pin ̃os Light, located in Monterey

19 County, California, to the city of Pacific Grove,

20 California.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary may identify, describe, and determine the

23 property to be conveyed under this subsection.

24 (3) LIMITATION.—The Secretary may not

25 under this section convey—
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1 (A) any historical artifact, including any

2 lens or lantern, located on the property at or

3 before the time of the conveyance; or

4 (B) any interest in submerged land.

5 (b) GENERAL TERMS AND CONDITIONS.—

6 (1) IN GENERAL.—Each conveyance of property

7 under this section shall be made—

8 (A) without payment of consideration; and

9 (B) subject to the terms and conditions re10 quired by this section and other terms and con11 ditions the Secretary may consider appropriate,

12 including the reservation of easements and

13 other rights on behalf of the United States.

14 (2) REVERSIONARY INTEREST.—In addition to

15 any term or condition established under this section,

16 each conveyance of property under this section shall

17 be subject to the condition that all right, title, and

18 interest in the property shall immediately revert to

19 the United States, if—

20 (A) the property, or any part of the

21 property—

22 (i) ceases to be available and acces23 sible to the public, on a reasonable basis,

24 for educational, park, recreational, cul25 tural, historic preservation, or other simi-
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1 lar purposes specified for the property in

2 the terms of conveyance;

3 (ii) ceases to be maintained in a man4 ner that is consistent with its present or

5 future use as a site for Coast Guard aids

6 to navigation or compliance with this Act;

7 or

8 (iii) ceases to be maintained in a man9 ner consistent with the conditions in para10 graph (4) established by the Secretary pur11 suant to the National Historic Preserva12 tion Act (16 U.S.C. 470 et seq.); or

13 (B) at least 30 days before that reversion,

14 the Secretary provides written notice to the

15 owner that the property is needed for national

16 security purposes.

17 (3) MAINTENANCE OF NAVIGATION FUNC18 TIONS.—Each conveyance of property under this

19 section shall be made subject to the conditions that

20 the Secretary considers to be necessary to assure

21 that—

22 (A) the lights, antennas, and associated

23 equipment located on the property conveyed,

24 which are active aids to navigation, shall con25 tinue to be operated and maintained by the
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1 United States for as long as they are needed for

2 this purpose;

3 (B) the owner of the property may not

4 interfere or allow interference in any manner

5 with aids to navigation without express written

6 permission from the Commandant;

7 (C) there is reserved to the United States

8 the right to relocate, replace, or add any aid to

9 navigation or make any changes to the property

10 conveyed as may be necessary for navigational

11 purposes;

12 (D) the United States shall have the right,

13 at any time, to enter the property without no14 tice for the purpose of operating, maintaining

15 and inspecting aids to navigation, and for the

16 purpose of enforcing compliance with this sub17 section; and

18 (E) the United States shall have an ease19 ment of access to and across the property for

20 the purpose of maintaining the aids to naviga21 tion in use on the property.

22 (4) MAINTENANCE OF PROPERTY.—(A) Subject

23 to subparagraph (B), the owner of a property con24 veyed under this section shall maintain the property

25 in a proper, substantial, and workmanlike manner,
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1 and in accordance with any conditions established by

2 the conveying authority pursuant to the National

3 Historic Preservation Act (16 U.S.C. 470 et seq.),

4 and other applicable laws.

5 (B) The owner of a property conveyed under

6 this section is not required to maintain any active

7 aid to navigation equipment on the property, except

8 private aids to navigation permitted under section

9 83 of title 14, United States Code.

10 (c) SPECIAL TERMS AND CONDITIONS.—The Sec11 retary may retain all right, title, and interest of the United

12 States in and to any portion of any parcel referred to in

13 subsection (a)(1)(B) that the Secretary considers appro14 priate.

15 (d) DEFINITIONS.—In this section:

16 (1) AIDS TO NAVIGATION.—The term ‘‘aids to

17 navigation’’ means equipment used for navigation

18 purposes, including a light, antenna, radio, sound

19 signal, electronic navigation equipment, or other as20 sociated equipment which are operated or main21 tained by the United States.

22 (2) COMMANDANT.—The term ‘‘Commandant’’

23 means the Commandant of the Coast Guard.

24 (3) OWNER.—The term ‘‘owner’’ means, for a

25 property conveyed under this section, the person
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1 identified in subsection (a)(1) of the property, and

2 includes any successor or assign of that person.

3 (4) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Transportation.

5 SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF WORK AT

6 COAST GUARD YARD.

7 (a) AUTHORITY.—The Commandant of the Coast

8 Guard may enter into agreements and other arrangements

9 with public and private foreign and domestic entities, to

10 establish partnerships for the performance of work at the

11 Coast Guard Yard, located in Baltimore, Maryland.

12 (b) RECEIPT OF FUNDS, CONTRIBUTIONS, AND USE

13 OF FACILITIES.—

14 (1) IN GENERAL.—The Coast Guard may,

15 under partnerships under this section, receive funds,

16 contributions of materials and services, and use of

17 non-Coast Guard facilities.

18 (2) TREATMENT OF FUNDS RECEIVED.—Funds

19 received by the Coast Guard under this subsection

20 shall be deposited into the Coast Guard Yard Re21 volving Fund.

22 (c) 5-YEAR BUSINESS PLAN.—The Secretary of

23 Transportation shall, within 6 months after the date of

24 the enactment of this Act, submit to the Congress a 5-
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1 year business plan for the most efficient utilization of the

2 Coast Guard Yard.

3 SEC. 411. BOATING SAFETY.

4 (a) FEDERAL FUNDING.—Section 4(b)(3) of the Act

5 of August 9, 1950 (16 U.S.C. 777c(b)(3)) is amended by

6 striking ‘‘$82,000,000’’ and inserting ‘‘$83,000,000’’.

7 (b) STATE FUNDING.—Section 13102(a)(3) of title

8 46, United States Code, is amended by striking ‘‘general

9 State revenue’’ and inserting ‘‘State funds, including

10 amounts expended for the State’s recreational boating

11 safety program by a State agency, a public corporation

12 established under State law, or any other State instrumen13 tality, as determined by the Secretary’’.

Passed the House of Representatives March 22,

2001.

Attest:

Clerk.

107TH CONGRESS

1ST SESSION H. R. 1099

AN ACT

To make changes in laws governing Coast Guard

personnel, increase marine safety, renew certaingroups that advise the Coast Guard on safetyissues, make miscellaneous improvements toCoast Guard operations and policies, and forother purposes.