SEC. 9. SAVINGS PROVISION.
The authorities contained in this Act shall be in addi-
tion to, and shall not be construed to supercede or modify
those contained in the National Historic Preservation Act
(16 U.S.C. 470–470x–6).
SEC. 10. AUTHORITY TO CONVEY VESSEL TO THE BATTLE
OF THE ATLANTIC HISTORICAL SOCIETY.
(a) IN GENERAL.—Notwithstanding any other law,
the Secretary of Transportation may convey the right,
title, and interest of the United States Government in and
to the vessel S/S AMERICAN VICTORY (Victory Ship
VC2–S–AP3; United States official number 248005), or
a vessel of a comparable size and class, to the Battle of
the Atlantic Historical Society (in this section referred to
as ‘‘the recipient’’), if—
(1) the recipient agrees to use the vessel for the
purposes of a Merchant Marine memorial, historical
preservation, and educational activities;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel
available to the Government if the Secretary of
Transportation requires use of the vessel by the
Government for war or a national emergency;
(4) the recipient agrees that when the recipient
no longer requires the vessel for use for the purposes
described in paragraph (1)—
(A) the recipient will, at the discretion of
the Secretary of Transportation, reconvey the
vessel to the Government in good condition ex-
cept for ordinary wear and tear; or
(B) if the recipient has decided to dissolve
according to the laws of the State of New York,
then—
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person 
that 
is 
described 
in 
section
501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)) and that is ex-
empt from taxation under section 501(a)
of that Code (26 U.S.C. 501(a)), or to the
Federal Government or a State or local
government for a public purpose; and
(ii) the vessel shall be disposed of by
a court of competent jurisdiction of the
county in which the principal office of the
recipient is located, for such purposes as
the court shall determine, or to such orga-
nizations as the court shall determine are
organized exclusively for public purposes;
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for
claims arising from use by the Government under
paragraph (3) or (4);
(6) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets,
or a written loan commitment, financial resources of
at least $100,000; and
(7) the recipient is described in section
501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) and is exempt from taxation
under section 501(a) of that Code (26 U.S.C.
501(a)).
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this section, the Secretary of Transportation shall
deliver the vessel at the place where the vessel is located
on the date of enactment of this Act, in its present condi-
tion, without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
of Transportation may convey to the recipient any
unneeded equipment from other vessels in the National
Defense Reserve Fleet for use to restore the S/S AMER-
ICAN VICTORY, or a vessel of a comparable size and
class, to museum quality.
(d) TERMINATION OF AUTHORITY.—The authority of
the Secretary of Transportation under this section to con-
vey a vessel to the Battle of the Atlantic Historical Society
shall expire 2 years after the date of enactment of this
Act.
(e) REVERSIONARY
INTEREST
OF
THE
UNITED
STATES.—All right, title, and interest in and to a vessel
that is conveyed under subsection (a) to and held by the
recipient shall revert to the United States at any time that
it is finally determined that the recipient is not exempt
from taxation under section 501(a) of the Internal Reve-
nue Code of 1986 (26 U.S.C. 501(a)).
SEC. 11. AUTHORITY TO CONVEY VESSEL TO WARSAW, KEN-
TUCKY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other provision of law, the Secretary of Transportation
may, subject to subsection (c), convey to the City of War-
saw, Kentucky, without consideration, for use by the City
for the promotion of economic development and tourism,
all right, title, and interest of the United States in a ves-
sel, including related spare parts and vessel equipment,
which—
(1) is in the National Defense Reserve Fleet on
the date of enactment of this Act;
(2) has no usefulness to the United States Gov-
ernment; and
(3) is scheduled to be scrapped.
(b) DELIVERY.—At the request of the City of War-
saw, Kentucky, the Secretary of Transportation is author-
ized to deliver the vessel referred to in subsection (a)—
(1) at the place where the vessel is located on
the date of the approval of the conveyance;
(2) in its condition on that date; and
(3) without cost to the United States Govern-
ment.
(c) CONDITIONS.—As a condition of any conveyance
of a vessel under subsection (a), the Secretary of Trans-
portation shall require that the City—
(1) raise, before the date of the conveyance, at
least $100,000 from non-Federal sources to support
the intended use of the vessel;
(2) agree to indemnify the United States for
any liability arising from or caused by the vessel
after the date of the conveyance of the vessel, includ-
ing liability—
(A) for personal injury or damage to prop-
erty;
(B) related to the delivery of the vessel to
the City; and
(C) related to asbestos; and
(3) comply with any other conditions the Sec-
retary considers appropriate.
(d) UNITED STATES NOT LIABLE.—Notwithstanding
any other provision of law, the Government of the United
States shall not be liable to any person for any liability
described in subsection (c)(2).
(e) TERMINATION OF AUTHORITY.—The authority of
the Secretary of Transportation under this section to con-
vey a vessel to the City of Warsaw, Kentucky, shall expire
2 years after the date of enactment of this Act.
SEC. 12. AUTHORITY TO CONVEY VESSEL TO ASSISTANCE
INTERNATIONAL, INC.
(a) CONVEYANCE.—Notwithstanding any other law,
the Secretary of Transportation may convey, without com-
pensation and by not later than September 30, 1996, all
right, title, and interest of the United States Government
in and to the vessels L.S.T. TIOGA COUNTY, R.V.
LYNCH, and L.S.T. LORRAINE COUNTY, including
related spare parts and vessel equipment, to the nonprofit
corporation Assistance International, Inc. (hereinafter in
this section referred to as the ‘‘recipient’’), for use in
emergencies, vocational training, and economic develop-
ment programs.
(b) CONDITIONS.—As a condition of any vessel con-
veyance under this section the Secretary of Transportation
shall require the recipient to—
(1) agree to use the vessel solely for nonprofit
activities;
(2) agree to not use the vessel for commercial
transportation purposes in competition with any
United States-flag vessel;
(3) agree to make the vessel available to the
Government whenever use of the vessel is required
by the Government;
(4) agree that, whenever the recipient no longer
requires the use of the vessel for its nonprofit activi-
ties, the recipient shall—
(A) at the discretion of the Secretary of
Transportation, reconvey the vessel to the Gov-
ernment in as good a condition as when it was
received from the Government, except for ordi-
nary wear and tear; and
(B) deliver the vessel to the Government at
the place where the vessel was delivered to the
recipient;
(5) agree to hold the Government harmless for
any claim arising after conveyance of the vessel, ex-
cept for claims against the Government arising dur-
ing the use of the vessel by the Government under
paragraph (3) or (4);
(6) have available at least $100,000 from non-
Federal sources to support the intended uses of the
vessels; and
(7) agree to any other conditions the Secretary
of Transportation considers appropriate.
(c) DELIVERY.—The Secretary of Transportation
shall deliver each vessel conveyed under this section to the
recipient—
(1) at the place where the vessel is located on
the date of enactment of this Act;
(2) in its condition on July 25, 1991, except for
ordinary wear and tear occurring after that date;
and
(3) without cost to the Government.
(d) TERMINATION OF AUTHORITY.—The Authority
of the Secretary of Transportation under this section to
convey vessels to Assistance International, Inc., shall ex-
pire 2 years after the date of enactment of this Act.
SEC. 13. AUTHORITY TO CONVEY VESSEL TO THE RIO
GRANDE MILITARY MUSEUM.
(a) IN GENERAL.—Notwithstanding any other law,
the Secretary of Transportation may convey the right,
title, and interest of the United States Government in and
to the vessel USS SPHINX (ARL–24), to the Rio Grande
Military Museum (a not-for-profit corporation, hereinafter
in this section referred to as the ‘‘recipient’’) for use as
a military museum, if—
(1) the recipient agrees to use the vessel as a
nonprofit military museum;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel
available to the Government when the Secretary of
Transportation requires use of the vessel by the
Government;
(4) the recipient agrees that when the recipient
no longer requires the vessel for use as a military
museum—
(A) the recipient will at the discretion of
the Secretary of Transportation, reconvey the
vessel to the Government in good condition ex-
cept for ordinary wear and tear; or
(B) if the Board of Directors of the recipi-
ent has decided to dissolve the recipient accord-
ing to the laws of the State of Texas, then—
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that has been determined exempt
from taxation under the provisions of sec-
tion 501(c)(3) of the Internal Revenue
Code, or to the Federal Government or a
State or local government for a public pur-
pose; and
(ii) the vessel shall be disposed of by
a court of competent jurisdiction of the
county in which the principal office of the
recipient is located, for such purposes as
the court shall determine, or to such orga-
nizations as the court shall determine are
organized exclusively for public purposes;
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for
claims arising from use by the Government under
paragraph (3) or (4); and
(6) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets,
or a written loan commitment, financial resources of
at least $100,000.
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this section, the Secretary of Transportation shall
deliver the vessel at the place where the vessel is located
on the date of enactment of this Act, in its present condi-
tion, without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
of Transportation may also convey any unneeded equip-
ment from other vessels in the National Defense Reserve
Fleet in order to restore the USS SPHINX (ARL–24) to
museum quality.
(d) TERMINATION OF AUTHORITY.—The authority of
the Secretary of Transportation under this section to con-
vey a vessel to the Rio Grande Military Museum shall ex-
pire 2 years after the date of enactment of this Act.
Passed the House of Representatives October 5,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 3059
AN ACT
To establish a National Maritime Heritage Pro-
gram to make grants available for educational
programs and the restoration of America’s cul-
tural resources for the purpose of preserving
America’s endangered maritime heritage.