18, 2005, is more cost-effective than acquiring or 
leasing an equal number of MH–68 helicopters; and 
(2) certified that the helicopters and airframes 
will meet all applicable Coast Guard safety require-
ments. 
SEC. 411. REPORTS FROM MORTGAGEES OF VESSELS. 
Section 12120 of title 46, United States Code, is 
amended by striking ‘‘owners, masters, and charterers’’ 
and inserting ‘‘owners, masters, charterers, and mortga-
gees’’. 
SEC. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 
(a) STUDY.—Of the amounts provided under section 
1012 of the Oil Pollution Act of 1990, the Coast Guard 
shall conduct a study of public health and safety concerns 
related to the pollution of Newtown Creek, New York City, 
New York, caused by seepage of oil into Newtown Creek 
from 17,000,000 gallons of underground oil spills in 
Greenpoint, Brooklyn, New York. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Coast Guard shall transmit 
to Congress a report containing the results of the study. 
SEC. 413. DETERMINATION OF THE SECRETARY. 
Section 70105(c) of title 46, United States Code, is 
amended—
(1) in paragraph (3) by inserting before the pe-
riod ‘‘before an administrative law judge’’; and 
(2) by adding at the end the following: 
‘‘(5) In making a determination under paragraph 
(1)(D), the Secretary shall not consider a felony conviction 
that occurred more than 7 years prior to the date of the 
Secretary’s determination.’’. 
SEC. 414. REPORT ON TECHNOLOGIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Commandant of the Coast Guard 
shall submit a report to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate that includes an assessment of—
(1) the availability and effectiveness of tech-
nologies that evaluate and identify inbound vessels 
and their cargo for potential threats before they 
reach United States ports, including technologies al-
ready tested or in testing at joint operating centers; 
and 
(2) the costs associated with implementing such 
technology at all United States ports. 
SEC. 415. MOVEMENT OF ANCHORS. 
Section 12105 of title 46, United States Code, is 
amended by adding at the end the following:
‘‘(c) Only a vessel for which a certificate of docu-
mentation with a registry endorsement is issued may be 
employed in the setting or moving of the anchors or other 
mooring equipment of a mobile offshore drilling unit that 
is located above or on the outer Continental Shelf of the 
United States (as that term is defined in section 2(a) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a)).’’. 
SEC. 416. INTERNATIONAL TONNAGE MEASUREMENT OF 
VESSELS ENGAGED IN THE ALEUTIAN TRADE. 
(a) GENERAL
INSPECTION
EXEMPTION.—Section 
3302(c)(2) of title 46, United States Code, is amended 
to read as follows: 
‘‘(2) Except as provided in paragraphs (3) and (4) 
of this subsection, the following fish tender vessels are ex-
empt from section 3301(1), (6), (7), (11), and (12) of this 
title: 
‘‘(A) A vessel of not more than 500 gross tons 
as measured under section 14502 of this title or an 
alternate tonnage measured under section 14302 of 
this title as prescribed by the Secretary under sec-
tion 14104 of this title. 
‘‘(B) A vessel engaged in the Aleutian trade 
that is not more than 2,500 gross tons as measured 
under section 14302 of this title.’’.
(b) OTHER INSPECTION EXEMPTION AND WATCH 
REQUIREMENT.—Paragraphs (3)(B) and (4) of section 
3302(c) of that title and section 8104 (o) of that title are 
each amended by striking ‘‘or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by 
the Secretary under section 14104 of this title’’ and in-
serting ‘‘or less than 500 gross tons as measured under 
section 14502 of this title, or is less than 2,500 gross tons 
as measured under section 14302 of this title’’. 
SEC. 417. ASSESSMENT AND PLANNING. 
There is authorized to be appropriated to the Coast 
Guard $400,000 to carry out an assessment of and plan-
ning for the impact of an Arctic Sea Route on the indige-
nous people of Alaska. 
SEC. 418. HOMEPORT. 
Subject to the availability of appropriations, the Com-
mandant of the Coast Guard shall homeport the Coast 
Guard cutter HEALY in Anchorage, Alaska. 
SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FA-
CILITIES CREATE OBSTRUCTIONS TO NAVI-
GATION. 
In any case in which a person requests the Secretary 
of the Army to take action to permit a wind energy facility 
under the authority of section 10 of the Act of March 3, 
1899 (33 U.S.C. 403), the Commandant of the Coast
Guard shall provide an opinion in writing that states 
whether the proposed facility would create an obstruction 
to navigation. 
SEC. 420. TEMPORARY AUTHORIZATION TO EXTEND THE 
DURATION OF LICENSES, CERTIFICATES OF 
REGISTRY, AND MERCHANT MARINERS’ DOC-
UMENTS. 
(a) LICENSES AND CERTIFICATES OF REGISTRY.—
Notwithstanding sections 7106 and 7107 of title 46, 
United States Code, the Secretary of the department in 
which the Coast Guard is operating may temporarily ex-
tend the duration of a license or certificate of registry 
issued for an individual under chapter 71 of that title for 
up to one year, if—
(1) the records of the individual are located at 
the Coast Guard facility in New Orleans that was 
damaged by Hurricane Katrina; or 
(2) the individual is a resident of Alabama, 
Mississippi, or Louisiana. 
(b) MERCHANT MARINERS’ DOCUMENTS.—Notwith-
standing section 7302(g) of title 46, United States Code, 
the Secretary of the department in which the Coast Guard 
is operating may temporarily extend the duration of a 
merchant mariners’ document issued for an individual 
under chapter 73 of that title for up to one year, if—
(1) the records of the individual are located at 
the Coast Guard facility in New Orleans that was 
damaged by Hurricane Katrina; or 
(2) the individual is a resident of Alabama, 
Mississippi, or Louisiana. 
(c) MANNER OF EXTENSION.—Any extensions grant-
ed under this section may be granted to individual seamen 
or a specifically identified group of seamen. 
(d) EXPIRATION OF AUTHORITY.—The authorities 
provided under this section expire on December 31, 2006. 
SEC. 421. TEMPORARY AUTHORIZATION TO EXTEND THE 
DURATION OF VESSEL CERTIFICATES OF IN-
SPECTION. 
(a) AUTHORITY TO EXTEND.—Notwithstanding sec-
tion 3307 and 3711(b) of title 46, United States Code, 
the Secretary of the department in which the Coast Guard 
is operating may temporarily extend the duration or the 
validity of a certificate of inspection or a certificate of 
compliance issued under chapter 33 or 37, respectively, 
of title 46, United States Code, for up to 6 months for 
a vessel inspected by a Coast Guard Marine Safety Office 
located in Alabama, Mississippi, or Louisiana. 
(b) EXPIRATION
OF AUTHORITY.—The authority 
provided under this section expires on December 31, 2006.
SEC. 422. TEMPORARY CENTER FOR PROCESSING OF FOR 
LICENSES, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINERS’ DOCUMENTS. 
(a) IN GENERAL.—Not later than October 15, 2005, 
the Commandant of the Coast Guard shall establish a tem-
porary facility in Baton Rouge, Louisiana, that is suffi-
cient to process applications for new licenses, certificate 
of registries, and merchant mariners’ documents under 
chapters 71 or 73 of title 46, United States Code. This 
requirement expires on December 31, 2006. 
(b) TERMINATION
OF REQUIREMENT.—The Com-
mandant is not required to maintain such facility after 
December 31, 2006. 
SEC. 423. DETERMINATION OF NAVIGATIONAL IMPACT. 
In any case in which a person requests the Secretary 
of the Army to take action under the authority of section 
10 of the Act of March 3, 1899, popularly known as the 
Rivers and Harbors Appropriations Act of 1899 (chapter 
425; 33 U.S.C. 403), the Commandant of the Coast Guard 
shall provide to the Secretary an opinion in writing that 
states whether the proposed structure or activity would 
create an obstruction to navigation. 
SEC. 424. PORT RICHMOND. 
The Secretary of the department in which the Coast 
Guard is operating acting through the Commandant of the 
Coast Guard may not approve the security plan under sec-
tion 70103(c) of title 46, United States Code, for a lique-
fied natural gas import facility at Port Richmond in Phila-
delphia, Pennsylvania, until the Secretary conducts a vul-
nerability assessment under section 70102(b) of such title. 
SEC. 425. CITIZENSHIP AND NAVAL RESERVE REQUIRE-
MENTS. 
Section 8103(b) of title 46, United States Code, is 
amended by adding the following paragraph at the end 
of that subsection: 
‘‘(4) Paragraph (1) of this subsection and section 
8701 of this title do not apply to individuals transported 
on international voyages who are not part of the crew com-
plement required under section 8101 or a member of the 
Stewards department, and do not perform watchstanding 
functions. However, such individuals must possess a trans-
portation security card issued under section 70105 of this 
title, when required.’.’
SEC. 426. ELIGIBILITY TO PARTICIPATE IN WESTERN ALAS-
KA COMMUNITY DEVELOPMENT QUOTA PRO-
GRAM. 
(a) TREATMENT OF SECRETARY APPROVAL.—
(1) IN GENERAL.—Approval by the Secretary of 
Commerce of a community development plan, or an 
amendment thereof, shall not be considered a major
Federal action for purposes of section 102(2) of 
Public Law 91–190 (42 U.S.C. 4332(2)). 
(2) DEFINITION.—(A) In this subsection, the 
term ‘‘community development plan’’ means a plan, 
prepared by a community development quota group 
for the western Alaska community development 
quota program under section 305(i) of the Magnu-
son-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1855(i)), that describes how the 
group intends to— 
(i) harvest its share of fishery resources al-
located to the program; and 
(ii) use the harvest opportunity, and any 
revenue derived from such use, to assist com-
munities that are members of the group with 
projects to advance economic development. 
(B) In this subsection, no plan that allocates 
fishery resources to the western Alaska community 
development quota program under section 305(i) of 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(i)) is a ‘‘commu-
nity development plan’’. 
SEC. 427. QUOTA SHARE ALLOCATION. 
(a) IN GENERAL.—The Voluntary Three-Pie Cooper-
ative Program for crab fisheries of the Bering Sea and
Aleutian Islands implemented under section 801 of title 
VIII of division B of Public Law 108–199 is amended to 
require that—
(1) Blue Dutch, LLC, shall receive crab proc-
essing quota shares equal to 1.5 percent of the total 
allowable catch for each of the following fisheries: 
the Bristol Bay red king crab fishery and the Bering 
Sea C. opilio crab fishery; and 
(2) the Program implementing regulations shall 
be adjusted so that the total of all crab processing 
quota shares for each fishery referred to in para-
graph (1), including the amount specified in para-
graph (1), equals 90 percent of the total allowable 
catch. 
(b) APPLICABILITY.—Subsection (a) shall apply, with 
respect to each fishery referred to in subsection (a)(1), 
whenever the total allowable catch for that fishery is more 
than 2 percent higher than the total allowable catch for 
that fishery during calendar year 2005. 
SEC. 428. ACQUISITION OF MARITIME REFUELING SUP-
PORT VESSEL FOR UNITED STATES DRUG 
INTERDICTION EFFORTS IN THE EASTERN 
PACIFIC MARITIME TRANSIT ZONE. 
There are authorized to be appropriated $25,000,000 
for fiscal year 2006 and $25,000,000 for fiscal year 2007
for the Bureau for International Narcotics and Law En-
forcement Affairs (INL) of the Department of State to 
purchase or lease a maritime refueling support vessel that 
is capable of refueling public vessels (as that term is de-
fined in section 30101(3) of title 46, United States Code), 
and allied warships and vessels employed in support of 
United States drug interdiction duties in the Eastern Pa-
cific maritime transit zone. 
SEC. 429. VOYAGE DATA RECORDER REQUIREMENTS. 
(a) AUTHORITY
TO PRESCRIBE REGULATIONS.—
Chapter 35 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘§ 3507. Voyage data recorders 
‘‘(a) The Secretary shall prescribe regulations that 
require that a passenger vessel described in section 
2101(22)(D) carrying more than 399 passengers shall be 
equipped with a voyage data recorder approved in accord-
ance with the regulations. 
‘‘(b) Regulations prescribed under subsection (a) 
shall establish—
‘‘(1) standards for voyage data recorders re-
quired under the regulations; 
‘‘(2) methods for approval of models of voyage 
data recorders under the regulations; and
‘‘(3) procedures for annual performance testing 
of voyage data recorders required under the regula-
tions. 
‘‘(c) To implement this section and regulations pre-
scribed under this section there is authorized to be appro-
priated to the Secretary $1,500,000 each fiscal year.’’. 
(b) DEADLINE FOR REGULATIONS.—The Secretary 
(as that term is used in chapter 35 of title 46, United 
States Code) shall initiate the prescribing of regulations 
under section 3507(a) of title 46, United States Code, as 
amended by this section, by not later than 6 months after 
the date of the enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 35 of title 46, United States 
Code, is amended by adding at the end the following:
‘‘3507. Voyage data recorders.’’.
TITLE V—LIGHTHOUSES 
SEC. 501. TRANSFER. 
(a) JURISDICTIONAL
TRANSFERS.—Administrative 
jurisdiction over the following National Forest System 
lands in the State of Alaska upon which are located any 
of the Coast Guard facilities described in subsection (b), 
and over improvements situated on such lands, is hereby 
transferred, without requirement for consideration, from 
the Secretary of Agriculture to the Secretary of the de-
partment in which the Coast Guard is operating.
(b) FACILITIES DESCRIBED.—The facilities described 
in subsection (a) are the following: 
(1) GUARD ISLAND LIGHT STATION.—That area 
described in the Guard Island Lighthouse reserve 
dated January 4, 1901, comprising approximately 
8.0 acres of National Forest uplands. 
(2) ELDRED ROCK LIGHT STATION.—That area 
described in the December 30, 1975, listing on the 
National Register of Historic Places, comprising ap-
proximately 2.4 acres. 
(3) MARY ISLAND LIGHT STATION.—That area 
described as the remaining National Forest System 
uplands within the Mary Island Lighthouse Reserve 
dated January 4, 1901, as amended by Public Land 
Order 6964, dated April 5, 1993, comprising ap-
proximately 1.07 acres. 
(4) CAPE
HINCHINBROOK
LIGHT
STATION.—
That area described in the November 1, 1957, sur-
vey prepared for the Coast Guard, comprising ap-
proximately 57.4 acres. 
(c) MAPS.—
(1) REQUIREMENT
TO
PREPARE.—The Com-
mandant of the Coast Guard, in consultation with 
the Secretary of Agriculture, shall prepare and 
maintain maps of the lands transferred by sub-
section (a), and such maps shall be on file and avail-
able for public inspection in the Coast Guard Dis-
trict 17 office in Juneau, Alaska. 
(2) CORRECTIONS
AND
MODIFICATIONS.—In 
preparing such maps, the Commandant of the Coast 
Guard, with the approval of the Secretary of Agri-
culture, may make corrections and minor modifica-
tions to the lands described or depicted to facilitate 
Federal land management. Such maps, as so cor-
rected or modified, shall have the same effect as if 
enacted in this section. 
(d) EFFECT OF TRANSFER.—The lands transferred 
to the Secretary of the department in which the Coast 
Guard is operating under subsection (a)—
(1) shall be administered by the Commandant 
of the Coast Guard; 
(2) shall be deemed transferred from and no 
longer part of the National Forest System; and 
(3) shall be considered not suitable for return 
to the public domain for disposition under the gen-
eral public land laws. 
(e) TRANSFER OF LAND.—
(1) REQUIREMENT.—Subject to paragraph (2), 
the Administrator of General Services, upon request 
by the Secretary of Agriculture, shall transfer to the
Secretary of Agriculture, without consideration, any 
land identified in subsection (b), together with the 
improvements thereon, for administration under the 
laws pertaining to the National Forest System, if—
(A) the Secretary of the Interior cannot 
identify and select an eligible entity in accord-
ance with section 308(b)(2) of the National 
Historic Preservation Act (16 U.S.C. 470w–
7(b)(2)) within 3 years after the date the Sec-
retary of the department in which the Coast 
Guard is operating determines that the land is 
excess property, as that term is defined in sec-
tion 102(3) of title 40, United States Code; or 
(B) the land reverts to the United States 
pursuant to section 308(c)(3) of the National 
Historic Preservation Act (16 U.S.C. 470w–
7(c)(3)). 
(2) RESERVATIONS
FOR
AIDS
TO
NAVIGA-
TION.—Any action taken under this subsection by 
the Administrator of General Services shall be sub-
ject to any rights that may be reserved by the Com-
mandant of the Coast Guard for the operation and 
maintenance of Federal aids to navigation. 
(f) NOTIFICATION; DISPOSAL OF LANDS BY THE AD-
MINISTRATOR.—The Administrator of General Services
shall promptly notify the Secretary of Agriculture upon 
the occurrence of any of the events described in subpara-
graphs (A) and (B) of subsection (e)(1). If the Secretary 
of Agriculture does not request a transfer as provided for 
in subsection (e) within 90 days after receiving such notifi-
cation from the Administrator, the Administrator may dis-
pose of the property in accordance with section 309 of the 
National Historic Preservation Act (16 U.S.C. 470w–8) 
or other applicable surplus real property disposal author-
ity. 
(g) PRIORITY.—In selecting an eligible entity to 
which to convey, under section 308(b) of the National His-
toric Preservation Act (16 U.S.C. 470w–7(b)), land re-
ferred to in subsection (b), the Secretary of the Interior 
shall give priority to any eligible entity, as defined in sec-
tion 308(e) of that Act (16 U.S.C. 470w–7(e)) that is the 
local government of the community in which the land is 
located. 
SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WIL-
DERNESS. 
(a) REQUIREMENT TO TRANSFER.—Notwithstanding 
section 308(b) of the National Historic Preservation Act 
(16 U.S.C. 470w–7(b)), if the Secretary of the department 
in which the Coast Guard is operating determines that the 
Tree Point Light Station is no longer needed for the pur-
poses of the Coast Guard, the Secretary shall transfer to 
the Secretary of Agriculture all administrative jurisdiction 
over the Tree Point Light Station, without consideration. 
(b) EFFECTUATION
OF
TRANSFER.—A transfer 
under this subsection shall be effectuated by a letter from 
the Secretary of the department in which the Coast Guard 
is operating to the Secretary of Agriculture and, except 
as provided in subsection (g), without any further require-
ments for administrative or environmental analyses or ex-
amination. Such transfer shall not be considered a convey-
ance to an eligible entity pursuant to section 308(b) of 
the National Historic Preservation Act (16 U.S.C. 470w–
7(b)). 
(c) RESERVATION FOR AIDS TO NAVIGATION.—As 
part of any transfer pursuant to this subsection, the Com-
mandant of the Coast Guard may reserve rights to operate 
and maintain Federal aids to navigation at the site. 
(d) EASEMENTS
AND SPECIAL USE AUTHORIZA-
TIONS.—Notwithstanding any other provision of law, in-
cluding the Wilderness Act (16 U.S.C. 1131), and section 
703 of the Alaska National Interests Lands Conservation 
Act (94 Stat. 2418; 16 U.S.C. 1132 note), with respect 
to the property transferred under this subsection, the Sec-
retary of Agriculture—
(1) may identify an eligible entity to be granted 
an easement or other special use authorization and, 
in doing so, the Secretary of Agriculture may con-
sult with the Secretary of the Interior concerning 
the application of policies for eligible entities devel-
oped pursuant to subsection 308(b)(1) of the Na-
tional Historic Preservation Act (16 U.S.C. 470w–
7(b)(1)); and 
(2) may grant an easement or other special use 
authorization to an eligible entity, for no consider-
ation, to approximately 31 acres as described in the 
map entitled ‘‘Tree Point Light Station,’’ dated Sep-
tember 24, 2004, on terms and conditions that pro-
vide for— 
(A) maintenance and preservation of the 
structures and improvements; 
(B) the protection of wilderness and Na-
tional Monument resources; 
(C) public safety; and 
(D) such other terms and conditions 
deemed appropriate by the Secretary of Agri-
culture. 
(e) ACTIONS FOLLOWING TERMINATION OR REVOCA-
TION.—In the event that no eligible entity is identified 
within 3 years after administrative jurisdiction is trans-