H. R. 3059
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To establish a National Maritime Heritage Program to make grants available for
educational programs and the restoration of America’s cultural resources for
the purpose of preserving America’s endangered maritime heritage.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Maritime Heritage
Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is a nation with a rich maritime
history, and it is desirable to foster in the American public
a greater awareness and appreciation of the role of maritime
endeavors in our Nation’s history and culture.
(2) The maritime historical and cultural foundations of
the Nation should be preserved as a part of our community
life and development.
(3) National, State, and local groups have been working
independently to preserve the maritime heritage of the United
States.
(4) Historic resources significant to the Nation’s maritime
heritage are being lost or substantially altered, often inadvert-
ently, with increasing frequency.
(5) The preservation of this irreplaceable maritime heritage
is in the public interest so that its vital legacy of cultural,
educational, aesthetic, inspirational, and economic benefits will
be maintained and enriched for future generations of
Americans.
(6) The current governmental and nongovernmental his-
toric preservation programs and activities are inadequate to
ensure future generations a genuine opportunity to appreciate
and enjoy the rich maritime heritage of our Nation.
(7) A coordinated national program is needed immediately
to redress the adverse consequences of a period of indifference
during which the maritime heritage of the United States has
become endangered and to ensure the future preservation of
the Nation’s maritime heritage.
(8) A national maritime heritage policy would greatly
increase public awareness of, and participation in, the preserva-
tion of the Nation’s maritime heritage.
H. R. 3059—2
SEC. 3. NATIONAL MARITIME HERITAGE POLICY.
It shall be the policy of the Federal Government, in partnership
with the States and local governments and private organizations
and individuals, to—
(1) use measures, including financial and technical assist-
ance, to foster conditions under which our modern society and
our historic maritime resources can exist in productive
harmony;
(2) provide leadership in the preservation of the historic
maritime resources of the United States;
(3) contribute to the preservation of historic maritime
resources and give maximum encouragement to organizations
and individuals undertaking preservation by private means;
and
(4) assist State and local governments to expand their
maritime historic preservation programs and activities.
SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
(a) ESTABLISHMENT.—There is hereby established within the
Department of the Interior the National Maritime Heritage Grants
Program, to foster in the American public a greater awareness
and appreciation of the role of maritime endeavors in our Nation’s
history and culture. The Program shall consist of—
(1) annual grants to the National Trust for Historic
Preservation for subgrants administered by the National Trust
for maritime heritage education projects under subsection (b);
(2) grants to State Historic Preservation Officers for mari-
time heritage preservation projects carried out or administered
by those Officers under subsection (c); and
(3) grants for interim projects under subsection (j).
(b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.—
(1) GRANTS TO NATIONAL TRUST FOR HISTORIC PRESERVA-
TION.—The Secretary, subject to paragraphs (2), (3), and (4),
and the availability of amounts for that purpose under section
6(b)(1)(A), shall make an annual grant to the National Trust
for maritime heritage education projects.
(2) USE OF GRANTS.—Amounts received by the National
Trust as an annual grant under this subsection shall be used
to make subgrants to State and local governments and private
nonprofit organizations to carry out education projects which
have been approved by the Secretary under subsection (f) and
which consist of—
(A) assistance to any maritime museum or historical
society for—
(i) existing and new educational programs, exhib-
its, educational activities, conservation, and interpreta-
tion of artifacts and collections;
(ii) minor improvements to educational and
museum facilities; and
(iii) other similar activities;
(B) activities designed to encourage the preservation
of traditional maritime skills, including—
(i) building and operation of vessels of all sizes
and types for educational purposes;
(ii) special skills such as wood carving, sail making,
and rigging;
(iii) traditional maritime art forms; and
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(iv) sail training;
(C) other educational activities relating to historic
maritime resources, including—
(i) maritime educational waterborne-experience
programs in historic vessels or vessel reproductions;
(ii) maritime archaeological field schools; and
(iii) educational programs on other aspects of mari-
time history;
(D) heritage programs focusing on maritime historic
resources, including maritime heritage trails and corridors;
or
(E) the construction and use of reproductions of historic
maritime resources for educational purposes, if a historic
maritime resource no longer exists or would be damaged
or consumed through direct use.
(c) 
GRANTS
FOR
MARITIME
HERITAGE
PRESERVATION
PROJECTS.—
(1) GRANTS TO STATE HISTORIC PRESERVATION OFFICES.—
The Secretary, acting through the National Maritime Initiative
of the National Park Service and subject to paragraphs (2)
and (3), and the availability of amounts for that purpose under
section 6(b)(1)(B), shall make grants to State Historic Preserva-
tion Officers for maritime heritage preservation projects.
(2) USE OF GRANTS.—Amounts received by a State Historic
Preservation Officer as a grant under this subsection shall
be used by the Officer to carry out or to make subgrants
to local governments and private nonprofit organizations to
carry out, projects which have been approved by the Secretary
under subsection (f) for the preservation of historic maritime
resources through—
(A) identification of historic maritime resources, includ-
ing underwater archaeological sites;
(B) acquisition of historic maritime resources for the
purposes of preservation;
(C) repair, restoration, stabilization, maintenance, or
other capital improvements to historic maritime resources,
in accordance with standards prescribed by the Secretary;
and
(D) research, recording (through drawings, photo-
graphs, or otherwise), planning (through feasibility studies,
architectural and engineering services, or otherwise), and
other services carried out as part of a preservation program
for historic maritime resources.
(d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—
To qualify for a subgrant from the National Trust under subsection
(b), or a direct grant to or a subgrant from a State Historic Preserva-
tion Officer under subsection (c), a person must—
(1) demonstrate that the project for which the direct grant
or subgrant will be used has the potential for reaching a broad
audience with an effective educational program based on Amer-
ican maritime history, technology, or the role of maritime
endeavors in American culture;
(2) match the amount of the direct grant or subgrant,
on a 1-to-1 basis, with non-Federal assets from non-Federal
sources, which may include cash or donated services fairly
valued as determined by the Secretary;
H. R. 3059—4
(3) maintain records as may be reasonably necessary to
fully disclose—
(A) the amount and the disposition of the proceeds
of the direct grant or subgrant;
(B) the total cost of the project for which the direct
grant or subgrant is made; and
(C) other records as may be required by the Secretary,
including such records as will facilitate an effective account-
ing for project funds;
(4) provide access to the Secretary for the purposes of
any required audit and examination of any books, documents,
papers, and records of the person; and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) PROCEDURES, TERMS, AND CONDITIONS.—
(1) APPLICATION
PROCEDURES.—An application for a
subgrant under subsection (b), or a direct grant or subgrant
under subsection (c), shall be submitted under procedures pre-
scribed by the Secretary.
(2) TERMS
AND
CONDITIONS.—A person may not receive
a subgrant under subsection (b), or a direct grant or subgrant
under subsection (c), unless the person has agreed to assume,
after completion of the project for which the direct grant or
subgrant is awarded, the total cost of the continued mainte-
nance, repair, and administration of any property for which
the subgrant will be used in a manner satisfactory to the
Secretary.
(f) REVIEW OF PROPOSALS.—
(1) COMMITTEE
RECOMMENDATIONS.—The National Mari-
time Heritage Grants Committee shall review applications for
subgrants under subsection (b), and direct grants or subgrants
under subsection (c), and submit recommendations to the Sec-
retary regarding projects which should receive funding under
those direct grants and subgrants.
(2) ALLOCATION OF GRANT FUNDING.—To the extent feasible,
the Secretary shall ensure that the amount made available
under subsection (b) for maritime heritage education projects
is equal to the amount made available under subsection (c)
for maritime heritage preservation projects.
(3) LIMITATION.—The amount provided by the Secretary
in a fiscal year as grants under this section for projects relating
to historic maritime resources owned or operated by the Federal
Government shall not exceed 40 percent of the total amount
available for the fiscal year for grants under this section.
(g) DIRECT GRANTS AND SUBGRANTS PROCESS.—
(1) DIRECT
GRANTS
AND
SUBGRANTS
SOLICITATION.—The
Secretary shall publish annually in the Federal Register and
otherwise as the Secretary considers appropriate—
(A) a solicitation of applications for direct grants and
subgrants under this section;
(B) a list of priorities for the making of those direct
grants and subgrants;
(C) a single deadline for the submission of applications
for those direct grants and subgrants; and
(D) other relevant information.
(2) RECEIPT
AND
APPROVAL
OR
DISAPPROVAL
OF
DIRECT
GRANT AND SUBGRANT APPLICATIONS.—Within 60 days after the
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submission of recommendations by the Committee to the Sec-
retary under subsection (h)(6), the Secretary shall review and
approve or disapprove a direct grant or subgrant for each
project recommended by the Committee and provide to the
Committee and the applicant the reasons for that approval
or disapproval.
(h) DIRECT
GRANT
AND
SUBGRANT
ADMINISTRATION.—The
National Trust shall be responsible for administering subgrants
for maritime heritage education projects under subsection (b), the
Secretary shall be responsible for administering direct grants for
maritime heritage preservation projects under subsection (c), and
the various State Historic Preservation Officers shall be responsible
for administering subgrants for maritime heritage preservation
projects under subsection (c), by—
(1) publicizing the Program to prospective grantees,
subgrantees, and to the public at large, in cooperation with
the National Park Service, the Maritime Administration, and
other appropriate government agencies and private institutions;
(2) answering inquiries from the public, including providing
information on the Program as requested;
(3) distributing direct grant and subgrant applications;
(4) receiving direct grant and subgrant applications and
ensuring their completeness;
(5) forwarding the applications to the Committee for review
and recommendation;
(6) submitting to the Secretary applications that the
Committee recommends should be approved by the Secretary;
(7) keeping records of all direct grant and subgrant awards
and expenditures of funds;
(8) monitoring progress of projects carried out with direct
grants and subgrants; and
(9) providing to the Secretary such progress reports as
may be required by the Secretary.
(i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—
The Secretary, the National Trust, and the State Historic Preserva-
tion Officers may, individually or jointly, enter into cooperative
agreements with any private nonprofit organization with appro-
priate expertise in maritime preservation issues, or other qualified
maritime preservation organizations, to assist in the administration
of the Program.
(j) GRANTS FOR INTERIM PROJECTS.—
(1) GRANTS AUTHORITY.—The Secretary, subject to para-
graph (3), may use amounts available under section 6(b)(2)
to make one or more grants described in paragraph (2).
(2) GRANTS DESCRIBED.—The grants referred to in para-
graph (1) are the following:
(A) A grant to the National Museum Association (a
nonprofit organization located in San Francisco, California)
for payment of expenses directly related to the preservation
and restoration of the historic fleet of the San Francisco
Maritime National Historical Park, located in San Fran-
cisco, California.
(B) A grant to the Virginia V Foundation (a nonprofit
organization) for use in restoration and preservation of
the historic steamship VIRGINIA V.
(C) A grant to any nonprofit organization which oper-
ates and maintains a former hospital ship to be converted
H. R. 3059—6
to engage in public health activities, for use in refurbishing
and maintaining the ship for those activities.
(D) A grant to the Mariners’ Museum (a not-for-profit
educational institution located in Newport News, Virginia,
for use for expenses directly related to the computerization
of the library and archives of that museum, including for
the purpose of providing to the public enhanced national
access to those materials.
(E) A grant for each of fiscal years 1996, 1997, 1998,
1999, and 2000 to the Center for Maritime and Underwater
Resource Management at Michigan State University, for
a pilot project to plan, design, implement, and evaluate
innovative approaches to management and development
of maritime and underwater cultural resources at the fol-
lowing sites: Thunder Bay, the Manitou Passage, Isle
Royale National Park, Keweenaw Peninsula, Marquette
County, Alger County, Whitefish Point, the Straits of Mack-
inac, the Thumb Area, and Sanilac Shores.
(3) GRANT CONDITIONS.—The Secretary may not make a
grant under this subsection unless the grantee complies with
the requirements set forth in paragraphs (1) through (5) of
section 4(d).
(k) REPORT TO CONGRESS.—The Secretary shall submit to the
Congress, after review by the Committee, an annual report on
the Program, including—
(1) a description of each project funded under the Program
in the period covered by the report;
(2) the results or accomplishments of each such project;
and
(3) recommended priorities for achieving the policy set forth
in section 3.
SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.—There is hereby established a National
Maritime Heritage Grants Advisory Committee.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall consist of 13 mem-
bers appointed by the Secretary from among individual mem-
bers of the public who—
(A) are representatives of various sectors of the mari-
time community who are knowledgeable and experienced
in maritime heritage and preservation;
(B) to the extent practicable, are selected in a manner
that ensures regional geographic balance;
(C) to the extent practicable, include a representative
of each of the fields of—
(i) small craft preservation;
(ii) large vessel preservation;
(iii) sail training;
(iv) preservation architecture;
(v) underwater archaeology;
(vi) lighthouse preservation;
(vii) maritime education;
(viii) military naval history;
(ix) maritime museums or historical societies;
(x) maritime arts and crafts;
H. R. 3059—7
(xi) maritime heritage tourism; and
(xii) maritime recreational resources management;
and
(D) include a member of the general public.
(2) EX
OFFICIO
MEMBERS.—In addition to the members
appointed under paragraph (1), the President of the National
Trust and the President of the National Conference of State
Historic Preservation Officers (or their respective designees)
shall be ex officio voting members of the Committee.
(3) TERM.—The term of a member of the Committee
appointed under paragraph (1) shall be 3 years, except that
of the members first appointed 4 shall be appointed for an
initial term of 1 year and 4 shall be appointed for an initial
term of 2 years, as specified by the Secretary at the time
of appointment.
(4) COMPLETION OF APPOINTMENTS.—The Secretary shall
complete appointment of the members of the Committee under
paragraph (1) by not later than 120 days after the date of
enactment of this Act.
(5) VACANCIES.—In the case of a vacancy in the membership
of the Committee appointed under paragraph (1), the Secretary
shall appoint an individual to serve the remainder of the term
that is vacant by not later than 60 days after the vacancy
occurs.
(c) FEDERAL GOVERNMENT EX OFFICIO MEMBERS.—There shall
be ex officio Federal Government members of the Committee as
follows:
(1) At least 1 individual designated by each of—
(A) the Director of the National Park Service;
(B) the Administrator of the Maritime Administration;
(C) the Commandant of the Coast Guard;
(D) the Secretary of the Navy;
(E) the Administrator of the National Oceanic and
Atmospheric Administration; and
(F) the Advisory Council on Historic Preservation.
(2) Other representatives designated by the heads of such
other interested Federal Government agencies as the Secretary
considers appropriate.
(d) DUTIES OF THE COMMITTEE.—The duties of the Committee
include—
(1) reviewing direct grant and subgrant proposals and mak-
ing funding recommendations to the Secretary;
(2) identifying and advising the Secretary regarding prior-
ities for achieving the policy set forth in section 3;
(3) reviewing the Secretary’s annual report to the Congress
under section 4(k); and
(4) performing any other duties the Secretary considers
appropriate.
(e) QUORUM.—Nine members of the Committee shall constitute
a quorum for making recommendations on subgrant applications.
(f) APPOINTMENTS PROCESS.—The Secretary shall—
(1) publicize annually, in the Federal Register and through
publications of preservation and maritime organizations, a
request for submission of nominations for appointments to the
Committee under subsection (b)(1); and
(2) designate from among the members of the Committee—
(A) a Chairman; and
H. R. 3059—8
(B) a Vice Chairman who may act in place of the
Chairman during the absence or disability of the Chairman
or when the office of Chairman is vacant.
(g) COMPENSATION AND TRAVEL EXPENSES.—An individual shall
not receive any pay by reason of membership on the Committee.
While away from home or regular place of business in the perform-
ance of service for the Committee, a member of the Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as a person employed intermit-
tently in the Government service is allowed expenses under section
5703 of title 5, United States Code.
(h) STAFF OF FEDERAL AGENCIES.—Upon request of the Commit-
tee, the Secretary may detail, on a reimbursable basis, any of
the personnel of the Department of the Interior to the Committee
to assist it in carrying out its duties under this Act.
(i) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Committee, the National Trust shall provide to the Committee
the support services necessary for the Committee to carry out
its duties under this Act.
(j) RELATIONSHIP
TO
OTHER
LAW.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee, except
that meetings of the Committee may be closed to the public by
majority vote and section 14(b) of that Act does not apply to the
Committee.
(k) TERMINATION.—The Committee shall terminate on Septem-
ber 30, 2000.
SEC. 6. FUNDING.
(a) AVAILABILITY
OF FUNDS FROM SALE
AND SCRAPPING
OF
OBSOLETE VESSELS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the amount of funds credited in a fiscal year to the Vessel
Operations Revolving Fund established by the Act of June
2, 1951 (46 App. U.S.C. 1241a), that is attributable to the
sale of obsolete vessels in the National Defense Reserve Fleet
that are scrapped or sold under section 508 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1158) shall be available
until expended as follows:
(A) 50 percent shall be available to the Administrator
of the Maritime Administration for such acquisition,
maintenance, repair, reconditioning, or improvement of ves-
sels in the National Defense Reserve Fleet as is authorized
under other Federal law.
(B) 25 percent shall be available to the Administrator
of the Maritime Administration for the payment or
reimbursement of expenses incurred by or on behalf of
State maritime academies or the United States Merchant
Marine Academy for facility and training ship maintenance,
repair, and modernization, and for the purchase of simula-
tors and fuel.
(C) The remainder shall be available to the Secretary
to carry out the Program, as provided in subsection (b).
(2) APPLICATION.—Paragraph (1) does not apply to amounts
credited to the Vessel Operations Revolving Fund before July
1, 1994.
(b) USE OF AMOUNTS FOR PROGRAM.—
H. R. 3059—9
(1) IN GENERAL.—Except as provided in paragraph (2), of
amounts available each fiscal year for the Program under sub-
section (a)(1)(C)—
(A) 1⁄2 shall be used for grants under section 4(b);
and
(B) 1⁄2 shall be used for grants under section 4(c).
(2) USE
FOR
INTERIM
PROJECTS.—Amounts available for
the Program under subsection (a)(1)(C) that are the proceeds
of any of the first 6 obsolete vessels in the National Defense
Reserve Fleet that are sold or scrapped after July 1, 1994,
under section 508 of the Merchant Marine Act, 1936 (46 U.S.C.
1158) are available to the Secretary for grants for interim
projects approved under section 4(j) of this Act.
(3) ADMINISTRATIVE EXPENSES.—
(A) IN
GENERAL.—Not more than 15 percent or
$500,000, whichever is less, of the amount available for
the Program under subsection (a)(1)(C) for a fiscal year
may be used for expenses of administering the Program.
(B) ALLOCATION.—Of the amount available under
subparagraph (A) for a fiscal year—
(i) 1⁄2 shall be allocated to the National Trust for
expenses incurred in administering grants under sec-
tion 4(b); and
(ii) 1⁄2 shall be allocated as appropriate by the
Secretary to the National Park Service and participat-
ing State Historic Preservation Officers.
(c) DISPOSALS OF VESSELS.—
(1) REQUIREMENT.—The Secretary of Transportation shall
dispose of all vessels described in paragraph (2)—
(A) by September 30, 1999;
(B) in a manner that maximizes the return on the
vessels to the United States; and
(C) in accordance with the plan of the Department
of Transportation for disposal of those vessels and require-
ments under sections 508 and 510(i) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1158, 1160(i)).
(2) VESSELS DESCRIBED.—The vessels referred to in para-
graph (1) are the vessels in the National Defense Reserve
Fleet after July 1, 1994, that—
(A) are not assigned to the Ready Reserve Force compo-
nent of that fleet; and
(B) are not specifically authorized or required by stat-
ute to be used for a particular purpose.
(d) TREATMENT OF AMOUNTS AVAILABLE.—Amounts available
under this section shall not be considered in any determination
of the amounts available to the Department of the Interior.
SEC. 7. DEFINITIONS.
In this Act:
(1) COMMITTEE.—The term ‘‘Committee’’ means the Mari-
time Heritage Grants Advisory Committee established under
section 5.
(2) NATIONAL TRUST.—The term ‘‘National Trust’’ means
the National Trust for Historic Preservation created by section
1 of the Act of October 26, 1949 (16 U.S.C. 468).
(3) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private
nonprofit organization’’ means any person that is exempt from
H. R. 3059—10
taxation under section 501(a) of the Internal Revenue Code
of 1986 (26 U.S.C. 501(a)) and described in section 501(c)(3)
of that Code (26 U.S.C. 501(c)(3)).
(4) PROGRAM.—The term ‘‘Program’’ means the National
Maritime Heritage Grants Program established by section 4(a).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE
HISTORIC
PRESERVATION
OFFICER.—The term
‘‘State Historic Preservation Officer’’ means a State Historic
Preservation Officer appointed pursuant to paragraph (1)(A)
of section 101(b) of the National Historic Preservation Act (16
U.S.C. 470a(b)(1)(A)) by the Governor of a State having a
State Historic Preservation Program approved by the Secretary
under that section.
SEC. 8. REGULATIONS.
The Secretary, after consultation with the National Trust, the
National Conference of State Historic Preservation Officers, and
appropriate members of the maritime heritage community, shall
promulgate appropriate guidelines, procedures, and regulations
within 1 year after the date of enactment of this Act to carry
out the Act, including regulations establishing terms of office for
the initial membership of the Committee, direct grant and subgrant
priorities, the method of solicitation and review of direct grant
and subgrant proposals, criteria for review of direct grant and
subgrant proposals, administrative requirements, reporting and
recordkeeping requirements, and any other requirements the Sec-
retary considers appropriate.
SEC. 9. SAVINGS PROVISION.
The authorities contained in this Act shall be in addition 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 transportation
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 para-
graph (1)—
H. R. 3059—11
(A) the recipient will, at the discretion of the Secretary
of Transportation, reconvey the vessel to the Government
in good condition except 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 exempt 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 prin-
cipal office of the recipient is located, for such purposes
as the court shall determine, or to such organizations
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 asbestos after convey-
ance 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 restore 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 condition, without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary of Transpor-
tation may convey to the recipient any unneeded equipment from
other vessels in the National Defense Reserve Fleet for use to
restore the S/S AMERICAN VICTORY, or a vessel of a comparable
size and class, to museum quality.
(d) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary of Transportation under this section to convey 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 sub-
section (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
Revenue Code of 1986 (26 U.S.C. 501(a)).
SEC. 11. AUTHORITY TO CONVEY VESSEL TO WARSAW, KENTUCKY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any other provi-
sion of law, the Secretary of Transportation may, subject to
subsection (c), convey to the City of Warsaw, 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 vessel, including related spare parts and vessel equip-
ment, which—
H. R. 3059—12
(1) is in the National Defense Reserve Fleet on the date
of enactment of this Act;
(2) has no usefulness to the United States Government;
and
(3) is scheduled to be scrapped.
(b) DELIVERY.—At the request of the City of Warsaw, Kentucky,
the Secretary of Transportation is authorized 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 Government.
(c) CONDITIONS.—As a condition of any conveyance of a vessel
under subsection (a), the Secretary of Transportation 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, including liability—
(A) for personal injury or damage to property;
(B) related to the delivery of the vessel to the City;
and
(C) related to asbestos; and
(3) comply with any other conditions the Secretary consid-
ers 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 Sec-
retary of Transportation under this section to convey 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 INTER-
NATIONAL, INC.
(a) CONVEYANCE.—Notwithstanding any other law, the Sec-
retary of Transportation may convey, without compensation 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 sec-
tion referred to as the ‘‘recipient’’), for use in emergencies, vocational
training, and economic development programs.
(b) CONDITIONS.—As a condition of any vessel conveyance under
this section the Secretary of Transportation shall require the recipi-
ent 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;
H. R. 3059—13
(4) agree that, whenever the recipient no longer requires
the use of the vessel for its nonprofit activities, the recipient
shall—
(A) at the discretion of the Secretary of Transportation,
reconvey the vessel to the Government in as good a condi-
tion as when it was received from the Government, except
for ordinary 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, except for claims against
the Government arising during 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 vessel; and
(7) agree to any other conditions the Secretary of Transpor-
tation 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 Sec-
retary of Transportation under this section to convey vessels to
Assistance International, Inc., shall expire 2 years after the date
of enactment of this Act.
SEC. 13. AUTHORITY TO CONVEY VESSEL TO THE RIO GRANDE MILI-
TARY 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 corpora-
tion, 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 transportation
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 except for ordinary wear and tear; or
(B) if the Board of Directors of the recipient has decided
to dissolve the recipient according 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 deter-
mined exempt from taxation under the provisions of
section 501(c)(3) of the Internal Revenue Code, or to
H. R. 3059—14
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 prin-
cipal office of the recipient is located, for such purposes
as the court shall determine, or to such organizations
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 asbestos after convey-
ance 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 restore 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 condition, without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary of Transpor-
tation may also convey any unneeded equipment 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 Sec-
retary of Transportation under this section to convey a vessel to
the Rio Grande Military Museum shall expire 2 years after the
date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.