Union Calendar No. 81

103D CONGRESS

1ST SESSION H. R. 2150

[Report No. 103–146]

A BILL

To authorize appropriations for fiscal year 1994 for

purposes.the United States Coast Guard, and for other

JUNE 21, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 81

103D CONGRESS

1ST SESSION H. R. 2150

[Report No. 103–146]

To authorize appropriations for fiscal year 1994 for the United States Coast

Guard, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. TAUZIN (for himself, Mr. STUDDS, Mr. COBLE, and Mr. FIELDS of Texas)

introduced the following bill; which was referred to the Committee on

Merchant Marine and Fisheries

JUNE 21, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 19, 1993]

A BILL

To authorize appropriations for fiscal year 1994 for the

United States Coast Guard, and for other purposes.

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

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 1993’’.

4 TITLE I—AUTHORIZATION

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are authorized to be appropriated for necessary

7 expenses of the Coast Guard for fiscal year 1994, as follows:

8 (1) For the operation and maintenance of the

9 Coast Guard, $2,612,552,200, of which $25,000,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund, and of which $35,000,000 shall be expended

12 from the Boat Safety Account.

13 (2) For the acquisition, construction, rebuilding,

14 and improvement of aids to navigation, shore and off15 shore facilities, vessels, and aircraft, including equip16 ment related thereto, $417,996,500, to remain avail17 able until expended, of which $23,030,000 shall be de18 rived from the Oil Spill Liability Trust Fund.

19 (3) For research, development, test, and evalua20 tion, in support of search and rescue, aids to naviga21 tion, marine safety, marine environmental protection,

22 enforcement of laws and treaties, ice operations, and

23 defense readiness, $25,000,000, to remain available

24 until expended, of which $4,457,000 shall be derived

25 from the Oil Spill Liability Trust Fund.
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1 (4) For retired pay (including the payment of

2 obligations otherwise chargeable to lapsed appropria3 tions for this purpose), payments under the Retired

4 Serviceman’s Family Protection and Survivor Benefit

5 Plans, and payments for medical care of retired per6 sonnel and their dependents under chapter 55 of title

7 10, United States Code, $548,774,000.

8 (5) For alteration or removal of bridges over

9 navigable waters of the United States constituting ob10 structions to navigation associated with the Bridge

11 Alteration Program, $12,940,000 to remain available

12 until expended.

13 (6) For environmental compliance and restora14 tion at Coast Guard facilities, $23,057,000, to remain

15 available until expended.

16 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

17 AND TRAINING.

18 (a) As of September 30, 1994, the Coast Guard is au19 thorized an end-of-year strength for active duty personnel

20 of 39,138. The authorized strength does not include members

21 of the Ready Reserve called to active duty for special or

22 emergency augmentation of regular Coast Guard forces for

23 periods of 180 days or less.

24 (b) For fiscal year 1994, the Coast Guard is authorized

25 average military training student loads as follows:
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1 (1) For recruit and special training, 1,986 stu2 dent years.

3 (2) For flight training, 114 student years.

4 (3) For professional training in military and ci5 vilian institutions, 338 student years.

6 (4) For officer acquisition, 955 student years.

7 TITLE II—PERSONNEL

8 MANAGEMENT IMPROVEMENT

9 SEC. 201. CEILING ON OFFICER CORPS.

10 Subsection (a) of section 42 of title 14, United States

11 Code, is amended by striking ‘‘6,000’’ and inserting

12 ‘‘6,200’’.

13 SEC. 202. VOLUNTEER SERVICES.

14 Section 93 of title 14, United States Code, is amended

15 by—

16 (1) striking ‘‘and’’ at the end of paragraph (r);

17 (2) striking the period at the end of paragraph

18 (s) and inserting ‘‘; and’’; and

19 (3) adding at the end the following new sub20 section:

21 ‘‘(t) Notwithstanding any other law, enter into cooper22 ative agreements with States, local governments, nongovern23 mental organizations, and individuals, to accept and utilize

24 voluntary services for the maintenance and improvement

25 of natural and historic resources on, or to benefit natural
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1 and historic research on, Coast Guard facilities, which co2 operative agreements shall each provide for the parties to

3 contribute funds or services on a matching basis to defray

4 the costs of such programs, projects, and activities under

5 the agreement.’’.

6 SEC. 203. RESERVE RETENTION BOARDS.

7 Section 741 of title 14, United States Code, is amend8 ed—

9 (1) in subsection (a) in the first sentence by

10 striking ‘‘and are not on active duty and not on an

11 approved list of selectees for promotion to the next

12 higher grade’’ and inserting the following: ‘‘, except

13 those officers who—

14 ‘‘(1) are on extended active duty;

15 ‘‘(2) are on a list of selectees for promotion;

16 ‘‘(3) will complete 30 years total commissioned

17 service by June 30th following the date that the reten18 tion board is convened; or

19 ‘‘(4) have reached age 59 by the date on which

20 the retention board is convened’’;

21 (2) in subsection (a) by moving the second sen22 tence so as to begin—

23 (A) immediately below paragraph (4) (as

24 added by paragraph (1) of this section); and
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1 (B) flush with the left margin of the mate2 rial preceding paragraph (1);

3 (3) by designating the third sentence of sub4 section (a) as subsection (b) by—

5 (A) inserting ‘‘(b)’’ before ‘‘This board

6 shall—’’; and

7 (B) moving the third sentence so as to begin

8 immediately below the second sentence of sub9 section (a); and

10 (4) by redesignating the last 2 subsections as

11 subsections (c) and (d), respectively.

12 SEC. 204. BOARD FOR CORRECTION OF MILITARY RECORDS

13 DEADLINE.

14 (a) Ten months after a complete application for correc15 tion of military records is received by the Board for Correc16 tion of Military Records of the Coast Guard, administrative

17 remedies are deemed to have been exhausted, and—

18 (1) if the Board has rendered a recommended de19 cision, its recommendation shall be final agency ac20 tion and not subject to further review or approval

21 within the Department of Transportation; or

22 (2) if the Board has not rendered a recommended

23 decision, agency action is deemed to have been unrea24 sonably delayed or withheld and the applicant is enti25 tled to—
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1 (A) an order under section 706(1) of title 5,

2 United States Code, directing final action be

3 taken within 30 days from the date the order is

4 entered; and

5 (B) from amounts appropriated to the De6 partment of Transportation, the costs of obtain7 ing the order, including a reasonable attorney’s

8 fee.

9 (b) The 10-month deadline established in section 212

10 of the Coast Guard Authorization Act of 1989 (Public Law

11 101–225, 103 Stat. 1914) is mandatory, and applies to any

12 application pending before the Board or the Secretary of

13 Transportation on June 12, 1990.

14 SEC. 205. CONTINUITY OF GRADE OF ADMIRALS AND VICE

15 ADMIRALS.

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

17 amended to read as follows:

18 ‘‘(a) A Commandant who is not reappointed shall be

19 retired with the grade of admiral at the expiration of the

20 appointed term, except as provided in subsection 51(d) of

21 this title.’’.

22 (b)(1) Section 47 of title 14, United States Code, is

23 amended—

24 (A) in the heading by striking ‘‘; retirement’’;

25 (B) in subsection (a) by—
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1 (i) striking ‘‘(a)’’ at the beginning thereof,

2 and

3 (ii) striking the last sentence and inserting

4 the following: ‘‘The appointment and grade of a

5 Vice Commandant shall be effective on the date

6 the officer assumes that duty, and shall termi7 nate on the date the officer is detached from that

8 duty, except as provided in subsection 51(d) of

9 this title.’’; and

10 (C) by striking subsections (b), (c), and (d).

11 (2) The table of sections at the beginning of chapter

12 3 of title 14, United States Code, is amended by striking

13 the item relating to section 47 and inserting the following:

‘‘47. Vice Commandant; assignment.’’.

14 (c) Section 50(b) of title 14, United States Code, is

15 amended by striking the last sentence and inserting ‘‘The

16 appointment and grade of an area commander shall be ef17 fective on the date the officer assumes that duty, and shall

18 terminate on the date the officer is detached from that duty,

19 except as provided in subsection 51(d) of this title.’’.

20 (d) Section 51 of title 14, United States Code, is

21 amended by adding at the end the following new subsection:

22 ‘‘(d) An officer serving in the grade of admiral or vice

23 admiral shall continue to hold that grade—

24 ‘‘(1) while being processed for physical disability

25 retirement, beginning on the day of the processing
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1 and ending on the day that officer is retired, but not

2 for more than 180 days; and

3 ‘‘(2) while awaiting retirement, beginning on the

4 day that officer is relieved from the position of Com5 mandant, Vice Commandant, Area Commander, or

6 Chief of Staff and ending on the day before the offi7 cer’s retirement, but not for more than 60 days.’’.

8 SEC. 206. CHIEF OF STAFF.

9 (a) Section 41a(b) of title 14, United States Code, is

10 amended by striking ‘‘, except that the rear admiral serving

11 as Chief of Staff shall be the senior rear admiral for all

12 purposes other than pay’’ at the end of the second sentence.

13 (b)(1) Title 14, United States Code, is amended by in14 serting after section 50 the following new section:

15 ‘‘§ 50a. Chief of Staff

16 ‘‘(a) The President may appoint, by and with the ad17 vice and consent of the Senate, a Chief of Staff of the Coast

18 Guard who shall rank next after the area commanders and

19 who shall perform duties as prescribed by the Commandant.

20 The Chief of Staff shall be appointed from the officers on

21 the active duty promotion list serving above the grade of

22 captain. The Commandant shall make recommendations for

23 the appointment.

24 ‘‘(b) The Chief of Staff shall have the grade of vice ad25 miral with the pay and allowances of that grade. The ap-
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1 pointment and grade of the Chief of Staff shall be effective

2 on the date the officer assumes that duty, and shall termi3 nate on the date the officer is detached from that duty, ex4 cept as provided in section 51(d) of this title.’’.

5 (2) The table of sections at the beginning of chapter

6 3 of title 14, United States Code, is amended by inserting

7 after the item relating to section 50 the following:

‘‘50a. Chief of Staff.’’.

8 (c) Section 51 of title 14, United States Code, is

9 amended—

10 (1) in subsection (a) by striking ‘‘as Com11 mander, Atlantic Area, or Commander, Pacific Area’’

12 and inserting ‘‘in the grade of vice admiral’’; and

13 (2) in subsection (b) by striking ‘‘as Commander,

14 Atlantic Area, or Commander, Pacific Area’’ and in15 serting ‘‘in the grade of vice admiral’’.

16 (d) Section 290 of title 14, United States Code, is

17 amended—

18 (1) in subsection (a) by striking ‘‘or in the posi19 tion of Chief of Staff’’ in the second sentence;

20 (2) in subsection (f)(1) by striking ‘‘Chief of

21 Staff or’’; and

22 (3) in subsection (f)(2) by striking ‘‘Chief of

23 Staff or’’.
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1 TITLE III—MISCELLANEOUS

2 SECTIONS

3 SEC. 301. NORTH ATLANTIC ROUTES.

4 Sections 3 and 5 of the Act of June 25, 1936 (49 Stat.

5 1922, 46 App. U.S.C. 738b and 738d), are repealed.

6 SEC. 302. COAST GUARD FAMILY HOUSING.

7 (a) IN GENERAL.—Chapter 17 of title 14, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 670. Procurement authority for family housing

11 ‘‘(a) The Secretary is authorized—

12 ‘‘(1) to acquire, subject to the availability of ap13 propriations sufficient to cover its full obligations,

14 real property or interests therein by purchase, lease

15 for a term not to exceed 5 years, or otherwise, for use

16 as Coast Guard family housing units, including the

17 acquisition of condominium units, which may include

18 the obligation to pay maintenance, repair, and other

19 condominium-related fees; and

20 ‘‘(2) to dispose of by sale, lease, or otherwise, any

21 real property or interest therein used for Coast Guard

22 family housing units for adequate consideration.

23 ‘‘(b)(1) For the purposes of this section, a multiyear

24 contract is a contract to lease Coast Guard family housing

25 units for at least one, but not more than 5, fiscal years.
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1 ‘‘(2) The Secretary may enter into multiyear contracts

2 under subsection (a) of this section whenever the Coast

3 Guard finds that—

4 ‘‘(A) the use of a contract will promote the effi5 ciency of the Coast Guard family housing program

6 and will result in reduced total costs under the con7 tract; and

8 ‘‘(B) there are realistic estimates of both the cost

9 of the contract and the anticipated cost avoidance

10 through the use of a multiyear contract.

11 ‘‘(3) A multiyear contract authorized under subsection

12 (a) of this section shall contain cancellation and termi13 nation provisions to the extent necessary to protect the best

14 interests of the United States, and may include consider15 ation of both recurring and nonrecurring costs. The contract

16 may provide for a cancellation payment to be made.

17 Amounts that were originally obligated for the cost of the

18 contract may be used for cancellation or termination

19 costs.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of chapter 17, United States Code, is amended

22 by adding at the end the following:

‘‘670. Procurement authority for family housing.’’.
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1 SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.

2 (a) IN GENERAL.—Chapter 17 of title 14, United

3 States Code, is amended by adding after section 670 (as

4 added by section 302 of this Act) the following new section:

5 ‘‘§ 671. Air Station Cape Cod improvements

6 ‘‘The Secretary may expend funds for the repair, im7 provement, restoration, or replacement of those federally or

8 nonfederally owned support buildings, including appur9 tenances, which are on leased or permitted real property

10 constituting Coast Guard Air Station Cape Cod, located on

11 Massachusetts Military Reservation, Cape Cod, Massachu12 setts.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 17, United States Code, is amended

15 by adding after the item relating to section 670 (as added

16 by section 302 of this Act) the following:

‘‘671. Air Station Cape Cod improvements.’’.

17 SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO

18 NAVIGATION.

19 (a) Chapter 17 of title 14, United States Code, is

20 amended by adding after section 671 (as added by section

21 303 of this Act) the following new section:

22 ‘‘§ 672. Long-term lease authority for navigation and

23 communications systems sites

24 ‘‘(a) The Secretary is authorized, subject to the avail25 ability of appropriations, to enter into lease agreements to
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1 acquire real property or interests therein for a term not

2 to exceed 20 years, inclusive of any automatic renewal

3 clauses, for aids to navigation (hereafter in this section re4 ferred to as ‘ATON’) sites, vessel traffic service (hereafter

5 in this section referred to as ‘VTS’) sensor sites, or National

6 Distress System (hereafter in this section referred to as

7 ‘NDS’) high level antenna sites. These lease agreements shall

8 include cancellation and termination provisions to the ex9 tent necessary to protect the best interests of the United

10 States. Cancellation payment provisions may include con11 sideration of both recurring and nonrecurring costs associ12 ated with the real property interests under the contract.

13 These lease agreements may provide for a cancellation pay14 ment to be made. Amounts that were originally obligated

15 for the cost of the contract may be used for cancellation

16 or termination costs.

17 ‘‘(b) The Secretary may enter into multiyear lease

18 agreements under subsection (a) of this section whenever the

19 Secretary finds that—

20 ‘‘(1) the use of such a lease agreement will pro21 mote the efficiency of the ATON, VTS, or NDS pro22 grams and will result in reduced total costs under the

23 agreement;

24 ‘‘(2) the minimum need for the real property or

25 interest therein to be leased is expected to remain sub-
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1 stantially unchanged during the contemplated lease

2 period; and

3 ‘‘(3) the estimates of both the cost of the lease

4 and the anticipated cost avoidance through the use of

5 a multiyear lease are realistic.’’.

6 (b) The table of sections at the beginning of chapter

7 17 of title 14, United States Code, is amended by adding

8 after the item relating to section 671 (as added by section

9 303 of this Act) the following:

‘‘672. Long-term lease authority for navigation and communications systems

sites.’’.

10 SEC. 305. AUTHORITY FOR EDUCATIONAL RESEARCH

11 GRANTS.

12 (a) IN GENERAL.—Chapter 9 of title 14, United States

13 Code, is amended by adding at the end the following new

14 section:

15 ‘‘§ 196. Participation in Federal, State, or other edu16 cational research grants

17 ‘‘Notwithstanding any other provision of law, the

18 United States Coast Guard Academy may compete for and

19 accept Federal, State, or other educational research grants,

20 subject to the following limitations:

21 ‘‘(1) No award may be accepted for the acquisi22 tion or construction of facilities.

23 ‘‘(2) No award may be accepted for the routine

24 functions of the Academy.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 9 of title 14, United States Code,

3 is amended by adding at the end the following:

‘‘196. Participation in Federal, State, or other educational research grants.’’.

4 SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP5 MENT.

6 The Secretary of Transportation is authorized to ex7 pend out of amounts appropriated for acquisition, construc8 tion, and improvement that are derived from the Oil Spill

9 Liability Trust Fund for fiscal year 1994—

10 (1) $890,000 to acquire and preposition oil spill

11 response equipment at Port Arthur, Texas, and

12 (2) $890,000 to acquire and preposition oil spill

13 response equipment at Helena, Arkansas, subject to

14 the Secretary determining that adequate storage and

15 maintenance facilities are available.

16 SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST

17 GUARD STATION LITTLE CREEK, VIRGINIA.

18 (a) The Secretary of Transportation, subject to the

19 availability of appropriations, may at Coast Guard Station

20 Little Creek, Virginia—

21 (1) construct a 2-story station building with

22 operational, administrative, and living spaces;

23 (2) construct a 180-foot long pier for Coast

24 Guard patrol boats;

25 (3) construct a boat ramp; and
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1 (4) strengthen a waterfront bulkhead.

2 (b) Funds necessary to carry out this section are au3 thorized to be appropriated for fiscal years 1994, 1995, and

4 1996.

5 SEC. 308. OIL SPILL TRAINING SIMULATOR.

6 The Secretary of Transportation is authorized to ex7 pend out of the amounts appropriated for fiscal year 1994

8 for acquisition, construction, and improvement that are de9 rived from the Oil Spill Liability Trust Fund not more

10 than $1,250,000 to the New York Maritime College of the

11 State of New York to purchase a marine oil spill manage12 ment simulator.

13 SEC. 309. GULF OF MEXICO REGIONAL FISHERIES LAW EN14 FORCEMENT TRAINING CENTER.

15 The Coast Guard shall establish the Gulf of Mexico Re16 gional Fisheries Law Enforcement Training Center in the

17 Eighth Coast Guard District in Southeastern Louisiana.

18 The purpose of the Gulf of Mexico Regional Fisheries Law

19 Enforcement Training Center shall be to increase the skills

20 and training of Coast Guard fisheries law enforcement per21 sonnel and to ensure that such training considers and meets

22 the unique and complex needs and demands of the fisheries

23 of the Gulf of Mexico.
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1 SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECH2 NOLOGY TEST AND EVALUATION PROGRAM.

3 (a) Not later than 6 months after the date of enactment

4 of this Act, the Secretary of Transportation shall establish

5 a program to evaluate the technological feasibility and envi6 ronmental benefits of having tank vessels carry oil spill pre7 vention and response technology. To implement the pro8 gram the Secretary shall—

9 (1) publish in the Federal Register an invitation

10 for submission of proposals including plans and pro11 cedures for testing; and

12 (2) review and evaluate technology using, to the

13 maximum extent possible, existing evaluation and

14 performance standards.

15 (b) The Secretary shall, to the maximum extent pos16 sible, incorporate in the program established in subsection

17 (a), the results of existing studies and evaluations of oil spill

18 prevention and response technology carried on tank vessels.

19 (c) Not later than 2 years after the date of the enact20 ment of this Act, the Secretary shall evaluate the results

21 of the program established in subsection (a) and submit a

22 report to Congress with recommendations on the feasibility

23 and environmental benefits of, and appropriate equipment

24 and utilization standards for, requiring tank vessels to

25 carry oil spill prevention and response equipment.
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1 (d) Not later than 6 months after the date of the enact2 ment of this Act, the Secretary shall evaluate and report

3 to the Congress on the feasibility of using segregated ballast

4 tanks for emergency transfer of cargo and storage of recov5 ered oil.

6 SEC. 311. UNMANNED SEAGOING BARGES.

7 Section 3302 of title 46, United States Code, is amend8 ed by adding at the end the following:

9 ‘‘(m) A seagoing barge is not subject to inspection

10 under section 3301(6) of this title if the vessel is unmanned

11 and does not carry—

12 ‘‘(1) a hazardous material as cargo; or

13 ‘‘(2) a flammable or combustible liquid, includ14 ing oil, in bulk.’’.

15 SEC. 312. PROHIBITION ON DECOMMISSIONING ICE16 BREAKER MACKINAW.

17 (a) The Secretary of Transportation may not decom18 mission the Coast Guard cutter MACKINAW until the later

19 of—

20 (1) 1 year after transmitting to the Congress the

21 report required under subsection (c); or

22 (2) October 1, 1994.

23 (b) There is authorized to be appropriated to the Sec24 retary of Transportation $1,600,000 for fiscal year 1994,
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1 to remain available until expended, for operations and

2 maintenance of the Coast Guard cutter MACKINAW.

3 (c) Not later than 6 months after the date of enactment

4 of this Act, the Secretary of Transportation shall conduct

5 a study and submit a report to the Congress on the

6 icebreaking needs of the Great Lakes and the appropriate

7 size and type of vessel or vessels to meet those needs. In

8 conducting this study, the Secretary shall—

9 (1) consult with—

10 (A) Great Lakes shippers, including the

11 Lake Carriers Association;

12 (B) the Great Lakes Commission;

13 (C) the Governors of States bordering the

14 Great Lakes;

15 (D) local governments in States bordering

16 the Great Lakes; and

17 (E) interested private persons;

18 (2) determine the average and maximum ice con19 ditions in the Great Lakes over the past 10 years;

20 (3) determine the size and type of vessel or ves21 sels necessary to clear shipping channels in the aver22 age and maximum ice conditions determined under

23 paragraph (2); and

24 (4) evaluate whether any Coast Guard vessel sta25 tioned on the Great Lakes, other than the MACKI-
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1 NAW, can safely conduct search and rescue missions

2 in 25-foot seas.

3 SEC. 313. REQUIREMENT TO MAINTAIN COAST GUARD OF4 FICE AT SAINT IGNACE, MICHIGAN.

5 The Secretary of Transportation shall during fiscal

6 year 1994—

7 (1) maintain at Saint Ignace, Michigan, the of8 fice known as the Marine Inspection Office, which

9 shall perform the functions which were performed by

10 that office on May 20, 1993; and

11 (2) maintain 4 billets at that office.

12 SEC. 314. CAPE COD LIGHTHOUSE PLANNING AND DESIGN

13 STUDIES.

14 (a) COMPLETION OF STUDIES.—Not later than 12

15 months after the date of the enactment of this Act, the Sec16 retary of Transportation, in consultation with the Sec17 retary of the Interior, shall complete the necessary planning

18 and design studies identified in the Coast Guard’s strategy

19 document for the relocation of the Cape Cod Lighthouse

20 (popularly known as the ‘‘Highland Light Station’’), lo21 cated in North Truro, Massachusetts.

22 (b) USE OF AMOUNTS FOR STUDIES.—Of the amounts

23 appropriated under the authority of this Act for acquisi24 tion, construction, rebuilding, and improvement, the Sec-
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1 retary of Transportation may use up to $600,000 for con2 ducting the studies required under subsection (a).

3 SEC. 315. LOWER COLUMBIA RIVER MARINE FIRE AND SAFE4 TY ACTIVITIES.

5 The Secretary of Transportation is authorized to ex6 pend out of the amounts appropriated for the Coast Guard

7 for fiscal year 1994 not more than $421,700, for fiscal year

8 1995 not more than $358,300, and for fiscal year 1996 not

9 more than $300,000 for the lower Columbia River marine,

10 fire, oil, and toxic spill response communications, training,

11 equipment, and program administration activities con12 ducted by the Marine Fire and Safety Association.

13 SEC. 316. TRANSFER OF LIGHTHOUSES.

14 (a) AUTHORITY TO TRANSFER.—

15 (1) IN GENERAL.—The Secretary may convey by

16 any appropriate means to the Washington State

17 Parks and Recreation Commission all right, title, and

18 interest of the United States in and to property com19 prising 1 or more of the Cape Disappointment Light20 house, North Head Lighthouse, and Point Wilson

21 Lighthouse.

22 (2) IDENTIFICATION OF PROPERTY.—The Sec23 retary may identify, describe, and determine property

24 conveyed pursuant to this section.

25 (b) TERMS AND CONDITIONS.—
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1 (1) IN GENERAL.—The conveyance of property

2 pursuant to subsection (a) shall be made—

3 (A) without the payment of consideration;

4 and

5 (B) subject to such terms and conditions as

6 the Secretary may consider appropriate.

7 (2) REVERSIONARY INTEREST.—In addition to

8 any term or condition established pursuant to para9 graph (1), any conveyance of property comprising

10 Cape Disappointment Lighthouse, North Head Light11 house, or Point Wilson Lighthouse pursuant to this

12 section shall be subject to the condition that all right,

13 title, and interest in and to the property so conveyed

14 shall immediately revert to the United States if the

15 property, or any part thereof—

16 (A) ceases to be used as a center for public

17 benefit for the interpretation and preservation of

18 maritime history;

19 (B) ceases to be maintained in a manner

20 that ensures its present or future use as a Coast

21 Guard aid to navigation; or

22 (C) ceases to be maintained in a manner

23 consistent with the provisions of the National

24 Historic Preservation Act of 1966 (16 U.S.C.

25 470 et seq.).
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1 (3) REQUIRED CONDITIONS.—Any conveyance of

2 property pursuant to this section shall be made sub3 ject to such conditions as the Secretary considers to

4 be necessary to assure that—

5 (A) the lights, antennas, and associated

6 equipment located on the property conveyed,

7 which are active aids to navigation, shall con8 tinue to be operated and maintained by the

9 United States;

10 (B) the Washington State Parks and Recre11 ation Commission may not interfere or allow in12 terference in any manner with such aids to navi13 gation without express written permission from

14 the Secretary of Transportation;

15 (C) there is reserved to the United States

16 the right to relocate, replace, or add any aids to

17 navigation or make any changes on any portion

18 of such property as may be necessary for naviga19 tion purposes;

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

21 at any time, to enter such property without no22 tice for the purpose of maintaining aids to navi23 gation;

24 (E) the United States shall have an ease25 ment of access to such property for the purpose
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1 of maintaining the aids to navigation in use on

2 the property; and

3 (F) the property shall be rehabilitated and

4 maintained by the owner in accordance with the

5 provisions of the National Historic Preservation

6 Act of 1966 (16 U.S.C. 470 et seq.).

7 (4) MAINTENANCE OF CERTAIN EQUIPMENT NOT

8 REQUIRED.—The Washington State Parks and Recre9 ation Commission shall not have any obligation to

10 maintain any active aid to navigation equipment on

11 property conveyed pursuant to this section.

12 (c) DEFINITIONS.—For purposes of this section, the

13 term—

14 (1) ‘‘Cape Disappointment Lighthouse’’ means

15 the Coast Guard lighthouse located at Fort Canby

16 State Park, Washington, including—

17 (A) the lighthouse, excluding any lantern or

18 lens that is the personal property of the Coast

19 Guard; and

20 (B) such land as may be necessary to enable

21 the Washington State Parks and Recreation

22 Commission to operate at that lighthouse a cen23 ter for public benefit for the interpretation and

24 preservation of the maritime history;
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1 (2) ‘‘North Head Lighthouse’’ means the Coast

2 Guard lighthouse located at Fort Canby State Park,

3 Washington, including—

4 (A) the lighthouse, excluding any lantern or

5 lens that is the personal property of the Coast

6 Guard;

7 (B) ancillary buildings; and

8 (C) such land as may be necessary to enable

9 the Washington State Parks and Recreation

10 Commission to operate at that lighthouse a cen11 ter for public benefit for the interpretation and

12 preservation of maritime history;

13 (3) ‘‘Point Wilson Lighthouse’’ means the Coast

14 Guard lighthouse located at Fort Worden State Park,

15 Washington, including—

16 (A) the lighthouse, excluding any lantern or

17 lens that is the personal property of the Coast

18 Guard;

19 (B) 2 ancillary buildings; and

20 (C) such land as may be necessary to enable

21 the Washington State Parks and Recreation

22 Commission to operate at that lighthouse a cen23 ter for public benefit for the interpretation and

24 preservation of maritime history; and
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1 (4) ‘‘Secretary’’ means the Secretary of the de2 partment in which the Coast Guard is operating.

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