ferred to the Secretary of Agriculture pursuant to this 
subsection, or the easement or other special use authoriza-
tion granted pursuant to subsection (d) is terminated or 
revoked, the Secretary of Agriculture may take such ac-
tions as are authorized by subsection 110(b) of the Na-
tional Historic Preservation Act (16 U.S.C. 470h–2(b)). 
(f) REVOCATION OF WITHDRAWALS AND RESERVA-
TIONS.—Effective on the date of transfer of lands as pro-
vided in this subsection, the following public land with-
drawals or reservations for light station and lighthouse 
purposes on lands in Alaska are revoked as to the lands 
transferred: 
(1) The unnumbered Executive order dated 
January 4, 1901, as it affects the Tree Point Light 
Station site only. 
(2) Executive Order No. 4410 dated April 1, 
1926, as it affects the Tree Point Light Station site 
only. 
(g) REMEDIATION
RESPONSIBILITIES
NOT
AF-
FECTED.—Nothing in this section shall affect any respon-
sibilities of the Commandant of the Coast Guard for the 
remediation of hazardous substances and petroleum con-
tamination at the Tree Point Light Station consistent with 
existing law and regulations. The Commandant and the 
Secretary shall execute an agreement to provide for the
remediation of the land and structures at the Tree Point 
Light Station. 
SEC. 503. CAPE ST. ELIAS LIGHT STATION. 
For purposes of section 416(a)(2) of Public Law 
105–383, the Cape St. Elias Light Station shall comprise 
approximately 10 acres in fee, along with additional access 
easements issued without consideration by the Secretary 
of Agriculture, as generally described in the map entitled 
‘‘Cape St. Elias Light Station,’’ dated September 14, 
2004. The Secretary of the department in which the Coast 
Guard is operating shall keep such map on file and avail-
able for public inspection. 
SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. MARKS NA-
TIONAL WILDLIFE REFUGE, FLORIDA. 
(a) REVOCATION OF EXECUTIVE ORDER DATED NO-
VEMBER 12, 1838.—Any reservation of public land de-
scribed in subsection (b) for lighthouse purposes by the 
Executive order dated November 12, 1838, as amended 
by Public Land Order 5655, dated January 9, 1979, is 
revoked. 
(b) DESCRIPTION OF LAND.—The public land re-
ferred to in subsection (a) consists of approximately 8.0 
acres within the external boundaries of St. Marks National 
Wildlife Refuge in Wakulla County, Florida, that is east 
of the Tallahassee Meridian, Florida, in Township 5
South, Range 1 East, Section 1 (fractional) and con-
taining all that remaining portion of the unsurveyed frac-
tional section, more particularly described as follows: A 
parcel of land, including submerged areas, beginning at 
a point which marks the center of the light structure, 
thence due North (magnetic) a distance of 350 feet to the 
point of beginning a strip of land 500 feet in width, the 
axial centerline of which runs from the point of beginning 
due South (magnetic) a distance of 700 feet, more or less, 
to the shoreline of Apalachee Bay, comprising 8.0 acres, 
more or less, as shown on plat dated January 2, 1902, 
by Office of L. H. Engineers, 7th and 8th District, Mobile, 
Alabama. 
(c) TRANSFER
OF
ADMINISTRATIVE
JURISDIC-
TION.—Subject to subsection (f), administrative jurisdic-
tion over the public land described in subsection (b), and 
over all improvements, structures, and fixtures located 
thereon, is transferred from the department in which the 
Coast Guard is operating to the Secretary of the Interior, 
without reimbursement. 
(d) RESPONSIBILITY
FOR
ENVIRONMENTAL
RE-
SPONSE ACTIONS.—The Coast Guard shall have sole re-
sponsibility in the Federal Government to fund and con-
duct any response action required under any applicable
Federal or State law or implementing regulation to ad-
dress—
(1) a release or threatened release on public 
land referred to in subsection (b) of any hazardous 
substance, pollutant, contaminant, petroleum, or pe-
troleum product or derivative that is located on such 
land on the date of the enactment of this Act; or 
(2) any other release or threatened release on 
public land referred to in subsection (b) of any haz-
ardous substance, pollutant, contaminant, petroleum, 
or petroleum product or derivative, that results from 
any Coast Guard activity occurring after the date of 
the enactment of this Act. 
(e) INCLUSION IN REFUGE.—
(1) INCLUSION.—The public land described in 
subsection (b) shall be part of St. Marks National 
Wildlife Refuge. 
(2) ADMINISTRATION.—Subject to this sub-
section, the Secretary of the Interior shall admin-
ister the public land described in subsection (b)—
(A) through the Director of the United 
States Fish and Wildlife Service; and 
(B) in accordance with the National Wild-
life Refuge System Administration Act of 1966 
(16 U.S.C. 668dd et seq.) and such other laws
as apply to Federal real property under the sole 
jurisdiction of the United States Fish and Wild-
life Service. 
(f) MAINTENANCE OF NAVIGATION FUNCTIONS.—
The transfer under subsection (c), and the administration 
of the public land described in subsection (b), shall be sub-
ject to such conditions and restrictions as the Secretary 
of the department in which the Coast Guard is operating 
considers necessary to ensure that—
(1) the Federal aids to navigation located at St. 
Marks National Wildlife Refuge continue to be oper-
ated and maintained by the Coast Guard for as long 
as they are needed for navigational purposes; 
(2) the Coast Guard may remove, replace, or 
install any Federal aid to navigation at the St. 
Marks National Wildlife Refuge as may be necessary 
for navigational purposes; 
(3) the United States Fish and Wildlife Service 
will not interfere or allow interference in any man-
ner with any Federal aid to navigation, nor hinder 
activities required for the operation and maintenance 
of any Federal aid to navigation, without express 
written approval by the Secretary of the department 
in which the Coast Guard is operating; and
(4) the Coast Guard may, at any time, enter 
the St. Marks National Wildlife Refuge, without no-
tice, for purposes of operating, maintaining, and in-
specting any Federal aid to navigation and ensuring 
compliance with this subsection, to the extent that 
it is not possible to provide advance notice. 
TITLE VI—RESPONSE 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Delaware River Pro-
tection Act of 2005’’. 
SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
WATERS OF THE UNITED STATES. 
The Ports and Waterways Safety Act (33 U.S.C. 
1221 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
WATERS OF THE UNITED STATES. 
‘‘(a) REQUIREMENT.—As soon as a person has 
knowledge of any release from a vessel or facility into the 
navigable waters of the United States of any object that 
creates an obstruction prohibited under 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), such person shall notify the Secretary and 
the Secretary of the Army of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) shall not be used against such individual 
in any criminal case, except a prosecution for perjury or 
for giving a false statement.’’. 
SEC. 603. LIMITS ON LIABILITY. 
(a) ADJUSTMENT OF LIABILITY LIMITS.—
(1) TANK VESSELS.—Section 1004(a)(1) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is 
amended—
(A) by redesignating subparagraph (B) as 
subparagraph (C); 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) with respect to a single-hull vessel, 
including a single-hull vessel fitted with double 
sides only or a double bottom only—
‘‘(i) $1,550 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,900 per gross ton for an inci-
dent that occurs in 2006; or
‘‘(iii) $2,250 per gross ton for an inci-
dent that occurs in 2007 or in any year 
thereafter; or 
‘‘(B) with respect to a double-hull vessel 
(other than any vessel referred to in subpara-
graph (A))—
‘‘(i) $1,350 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,500 per gross ton for an inci-
dent that occurs in 2006; and 
‘‘(iii) $1,700 per gross ton for any in-
cident that occurs in 2007 or in any year 
thereafter; or’’; and 
(C) in subparagraph (C), as redesignated 
by subparagraph (A) of this paragraph—
(i) 
in 
clause 
(i) 
by 
striking 
‘‘$10,000,000’’ 
and 
inserting 
‘‘$14,000,000’’; and 
(ii) 
in 
clause 
(ii) 
by 
striking 
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’. 
(2) LIMITATION ON APPLICATION.—In the case 
of an incident occurring before the date of the enact-
ment of this Act, section 1004(a)(1) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(a)(1)) shall
apply as in effect immediately before the effective 
date of this subsection. 
(b) ADJUSTMENT TO REFLECT CONSUMER PRICE 
INDEX.—Section 1004(d)(4) of the Oil Pollution Act of 
1990 (33 U.S.C. 2704(d)(4)) is amended to read as fol-
lows: 
‘‘(4) ADJUSTMENT
TO
REFLECT
CONSUMER 
PRICE INDEX.—The President shall, by regulations 
issued no later than 3 years after the date of the en-
actment of the Delaware River Protection Act of 
2005 and no less than every 3 years thereafter, ad-
just the limits on liability specified in subsection (a) 
to reflect significant increases in the Consumer Price 
Index.’’. 
SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA 
CONTINGENCY PLAN. 
The Philadelphia Area Committee established under 
section 311(j)(4) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 
months after the date of the enactment of this Act and 
not less than annually thereafter, review and revise the 
Philadelphia Area Contingency Plan to include available 
data and biological information on environmentally sen-
sitive areas of the Delaware River and Delaware Bay that 
has been collected by Federal and State surveys.
SEC. 605. SUBMERGED OIL REMOVAL. 
(a) AMENDMENTS.—Title VII of the Oil Pollution 
Act of 1990 is amended—
(1) in section 7001(c)(4)(B) (33 U.S.C. 
2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and insert-
ing ‘‘RIVERA and the T/V ATHOS I;’’; and 
(2) by adding at the end the following: 
‘‘SEC. 7002. SUBMERGED OIL PROGRAM. 
‘‘(a) PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Undersecretary of 
Commerce for Oceans and Atmosphere, in conjunc-
tion with the Commandant of the Coast Guard, shall 
establish a program to detect, monitor, and evaluate 
the environmental effects of submerged oil. Such 
program shall include the following elements: 
‘‘(A) The development of methods to re-
move, disperse or otherwise diminish the per-
sistence of submerged oil. 
‘‘(B) The development of improved models 
and capacities for predicting the environmental 
fate, transport, and effects of submerged oil. 
‘‘(C) The development of techniques to de-
tect and monitor submerged oil. 
‘‘(2) REPORT.—The Secretary of Commerce 
shall, no later than 3 years after the date of the en-
actment of the Delaware River Protection Act of
2005, submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment 
and Public Works of the Senate a report on the ac-
tivities carried out under this subsection and activi-
ties proposed to be carried out under this subsection. 
‘‘(3) FUNDING.—There is authorized to be ap-
propriated to the Secretary of Commerce $1,000,000 
for each of fiscal years 2006 through 2010 to carry 
out this subsection. 
‘‘(b) DEMONSTRATION PROJECT.—
‘‘(1) REMOVAL
OF
SUBMERGED
OIL.—The 
Commandant of the Coast Guard, in conjunction 
with the Undersecretary of Commerce for Oceans 
and Atmosphere, shall conduct a demonstration 
project for the purpose of developing and dem-
onstrating technologies and management practices to 
remove submerged oil from the Delaware River and 
other navigable waters. 
‘‘(2) FUNDING.—There is authorized to be ap-
propriated to the Commandant of the Coast Guard 
$2,000,000 for each of fiscal years 2006 through 
2010 to carry out this subsection.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
in section 2 of such Act is amended by inserting after the 
item relating to section 7001 the following:
‘‘Sec. 7002. Submerged oil program.’’.
SEC. 606. DELAWARE RIVER AND BAY OIL SPILL ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—There is established the Dela-
ware River and Bay Oil Spill Advisory Committee (in this 
section referred to as the ‘‘Committee’’). 
(b) FUNCTIONS.—
(1) IN GENERAL.—The Committee shall, by not 
later than 1 year after the date the Commandant of 
the Coast Guard (in this section referred to as the 
‘‘Commandant’’) completes appointment of the mem-
bers of the Committee, make recommendations to 
the Commandant, the Committee on Transportation 
and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and 
Transportation of the Senate on methods to improve 
the prevention of and response to future oil spills in 
the Delaware River and Delaware Bay. 
(2) MEETINGS.—The Committee—
(A) shall hold its first meeting not later 
than 60 days after the completion of the ap-
pointment of the members of the Committee; 
and
(B) shall meet thereafter at the call of the 
Chairman. 
(c) MEMBERSHIP.—The Committee shall consist of 
15 members who have particular expertise, knowledge, and 
experience regarding the transportation, equipment, and 
techniques that are used to ship cargo and to navigate 
vessels in the Delaware River and Delaware Bay, as fol-
lows: 
(1) Three members who are employed by port 
authorities that oversee operations on the Delaware 
River or have been selected to represent these enti-
ties, of whom—
(A) one member must be an employee or 
representative of the Port of Wilmington; 
(B) one member must be an employee or 
representative of the South Jersey Port Cor-
poration; and 
(C) one member must be an employee or 
representative of the Philadelphia Regional Port 
Authority. 
(2) Two members who represent organizations 
that operate tugs or barges that utilize the port fa-
cilities on the Delaware River and Delaware Bay.
(3) Two members who represent shipping com-
panies that transport cargo by vessel from ports on 
the Delaware River and Delaware Bay. 
(4) Two members who represent operators of oil 
refineries on the Delaware River and Delaware Bay. 
(5) Two members who represent environmental 
and conservation interests. 
(6) Two members who represent State-licensed 
pilots who work on the Delaware River and Dela-
ware Bay. 
(7) One member who represents labor organiza-
tions that load and unload cargo at ports on the 
Delaware River and Delaware Bay. 
(8) One member who represents the general 
public. 
(d) APPOINTMENT OF MEMBERS.—The Commandant 
shall appoint the members of the Committee, after solic-
iting nominations by notice published in the Federal Reg-
ister. 
(e) CHAIRMAN
AND VICE CHAIRMAN.—The Com-
mittee shall elect, by majority vote at its first meeting, 
one of the members of the Committee as the Chairman 
and one of the members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence of or inca-
pacity of the Chairman, or in the event of vacancy in the 
Office of the Chairman. 
(f) PAY AND EXPENSES.—
(1) PROHIBITION
ON
PAY.—Members of the 
Committee who are not officers or employees of the 
United States shall serve without pay. Members of 
the Committee who are officers or employees of the 
United States shall receive no additional pay on ac-
count of their service on the Committee. 
(2) EXPENSES.—While away from their homes 
or regular places of business, members of the Com-
mittee may be allowed travel expenses, including per 
diem, in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code. 
(g) TERMINATION.—The Committee shall terminate 
one year after the completion of the appointment of the 
members of the Committee. 
SEC. 607. MARITIME FIRE AND SAFETY ACTIVITIES. 
The Maritime Transportation Security Act of 2002 
(Public Law 107–295) is amended—
(1) in section 407—
(A) in the heading by striking ‘‘LOWER 
COLUMBIA RIVER’’; and 
(B) by striking ‘‘$987,400’’ and inserting 
‘‘$1,500,000’’; and
(2) in the table of contents in section 1(b) by 
striking the item relating to section 407 and insert-
ing the following:
‘‘Sec. 407. Maritime fire and safety activities.’’.
Passed the House of Representatives September 15, 
2005. 
Attest:
Clerk.