261 
(2) to obtain a preliminary plan for the design, 
engineering, and construction for the consolidation 
of Coast Guard facilities at Sector Buffalo; and 
(3) to distinguish what Federal lands, if any, 
shall be identified as excess after the consolidation. 
(b) DEFINITIONS.—In this section: 
(1) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(2) SECTOR BUFFALO.—The term ‘‘Sector Buf-
falo’’ means Coast Guard Sector Buffalo of the 
Ninth Coast Guard District. 
(3) STUDY
AREA.—The term ‘‘study area’’ 
means the area consisting of approximately 31 acres 
of real property and any improvements thereon that 
are commonly identified as Coast Guard Sector Buf-
falo, located at 1 Fuhrmann Boulevard, Buffalo, 
New York, and under the administrative control of 
the Coast Guard. 
(c) STUDY.— 
(1) IN GENERAL.—Within 12 months after the 
date on which funds are first made available to carry 
out this section, the Commandant shall conduct a 
project proposal report of the study area and shall 
submit such report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
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Committee on Transportation and Infrastructure of 
the House of Representatives. 
(2) REQUIREMENTS.—The project proposal re-
port shall— 
(A) evaluate the most cost-effective method 
for providing shore facilities to meet the oper-
ational requirements of Sector Buffalo; 
(B) determine the feasibility of consoli-
dating and relocating shore facilities on a por-
tion of the existing site, while— 
(i) meeting the operational require-
ments of Sector Buffalo; and 
(ii) allowing the expansion of oper-
ational requirements of Sector Buffalo; 
and 
(C) contain a preliminary plan for the de-
sign, engineering, and construction of the pro-
posed project, including— 
(i) the estimated cost of the design, 
engineering, and construction of the pro-
posed project; 
(ii) an anticipated timeline of the pro-
posed project; and 
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(iii) a description of what Federal 
lands, if any, shall be considered excess to 
Coast Guard needs. 
(d) LIMITATION.—Nothing in this section shall affect 
the current administration and management of the study 
area. 
SEC. 1113. CONVEYANCE OF COAST GUARD VESSELS TO 
MISSISSIPPI. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to each recipient described in subsection (b) (in this sec-
tion referred to as the ‘‘Sheriff’s Department’’), without 
consideration all right, title, and interest of the United 
States in and to a Coast Guard trailerable boat, ranging 
from 17 feet to 30 feet in size, that the Commandant de-
termines— 
(1) is appropriate for use by the Sheriff’s De-
partment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) RECIPIENTS.—The recipients referred to in sub-
section (a) are the following: 
(1) The Sheriff’s Department of Coahoma 
County, Mississippi. 
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(2) The Sheriff’s Department of Warren Coun-
ty, Mississippi. 
(3) The Sheriff’s Department of Washington 
County, Mississippi. 
(c) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Sheriff’s 
Department under which the Sheriff’s Department 
agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Sheriff’s Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(d) DELIVERY OF VESSEL.—The Commandant shall 
deliver the vessel conveyed under the authority provided 
in subsection (a)— 
(1) at the place where the vessel is located on 
the date of the conveyance; 
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(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(e) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Sheriff’s Department for use to enhance the 
operability of the vessel conveyed under the authority pro-
vided in subsection (a). 
(f) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance authorized by 
subsection (a) as the Commandant considers appropriate 
to protect the interests of the United States. 
SEC. 1114. COAST GUARD ASSETS FOR UNITED STATES VIR-
GIN ISLANDS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may station additional Coast Guard assets in the 
United States Virgin Islands for port security and other 
associated purposes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for fis-
cal year 2010 such sums as are necessary to carry out 
this section. 
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SEC. 1115. OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS. 
Section 8103 of title 46, United States Code, is 
amended by adding at the end the follow new subsection: 
‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS.— 
‘‘(1) 
CITIZENSHIP.—Notwithstanding 
sub-
section (a), a purse seine tuna fishing vessel docu-
mented under chapter 121 fishing exclusively for 
highly migratory species under a fishing license 
issued pursuant to the 1987 Treaty on Fisheries Be-
tween the Governments of Certain Pacific Islands 
States and the Government of the United States of 
America in the treaty area (as that term is used in 
that treaty), or transiting to or from the treaty area 
exclusively for such purpose, may engage an indi-
vidual who is not a citizen of the United States to 
fill a vacancy in a position referred to in subsection 
(a) (except for the master) if, after timely public no-
tice of the vacancy, no United States citizens are 
readily available to fill the vacancy. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—An individual may not 
be engaged under paragraph (1) unless the in-
dividual holds a valid license or certificate 
issued— 
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quirements of section 8304 with respect to that en-
gagement, if the Secretary determines that the 
standards for issuing that license are equivalent to 
the standards that apply under that section.’’. 
SEC. 1116. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 
GUARD PRESENCE IN HIGH LATITUDE RE-
GIONS. 
Within 270 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives assessing the need for ad-
ditional Coast Guard prevention and response capability 
in the high latitude regions. The assessment shall address 
needs for all Coast Guard mission areas, including search 
and rescue, marine pollution response and prevention, 
fisheries enforcement, and maritime commerce. The Sec-
retary shall include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets, in-
cluding assets acquired under the Deepwater pro-
gram; 
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(2) an assessment of projected needs for Coast 
Guard forward operating bases in the high latitude 
regions; 
(3) an assessment of shore infrastructure, per-
sonnel, logistics, communications, and resources re-
quirements to support Coast Guard forward oper-
ating bases in the high latitude regions; 
(4) an assessment of the need for high latitude 
icebreaking capability and the capability of the cur-
rent high latitude icebreaking assets of the Coast 
Guard, including— 
(A) whether the Coast Guard’s high lati-
tude icebreaking fleet is meeting current mis-
sion performance goals; 
(B) whether the fleet is capable of meeting 
projected mission performance goals; and 
(C) an assessment of the material condi-
tion, safety, and working conditions aboard 
high latitude icebreaking assets, including the 
effect of those conditions on mission perform-
ance; 
(5) a detailed estimate of acquisition costs for 
each of the assets (including shore infrastructure) 
necessary for additional prevention and response ca-
pability in high latitude regions for all Coast Guard 
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mission areas, and an estimate of operations and 
maintenance costs for such assets for the initial 10- 
year period of operations; and 
(6) detailed cost estimates (including operating 
and maintenance for a period of 10 years) for high 
latitude icebreaking capability to ensure current and 
projected future mission performance goals are met, 
including estimates of the costs to— 
(A) renovate and modernize the Coast 
Guard’s existing high latitude icebreaking fleet; 
and 
(B) replace the Coast Guard’s existing 
high latitude icebreaking fleet. 
SEC. 1117. STUDY OF REGIONAL RESPONSE VESSEL AND 
SALVAGE CAPABILITY FOR OLYMPIC PENIN-
SULA COAST, WASHINGTON. 
No later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall study through the National 
Academy of Sciences the need for regional response vessel 
and salvage capability for the State of Washington Olym-
pic Peninsula coast. In conducting the study, the National 
Academy of Sciences shall consult with Federal, State, 
and tribal officials and other relevant stakeholders. The 
study shall— 
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(1) identify the capabilities, equipment, and fa-
cilities necessary for a response vessel in the entry 
to the Strait of Juan de Fuca at Neah Bay in order 
to optimize oil spill protection on Washington’s 
Olympic Peninsula coast and provide rescue towing 
services, oil spill response, and salvage and fire-
fighting capabilities; 
(2) analyze the multimission capabilities nec-
essary for a rescue vessel and the need for that ves-
sel to utilize cached salvage, oil spill response, and 
oil storage equipment while responding to a spill or 
a vessel in distress, and make recommendations as 
to the placement of such equipment; 
(3) address scenarios that consider all vessel 
types and weather conditions and compare current 
Neah Bay rescue vessel capabilities, costs, and bene-
fits with other United States industry-funded re-
sponse vessels, including those currently operating in 
Alaska’s Prince William Sound; 
(4) determine whether the current level of pro-
tection afforded by the Neah Bay response vessel 
and associated response equipment is comparable to 
protection in other locations where response vessels 
operate, including Prince William Sound, Alaska, 
and if it is not comparable, make recommendations 
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regarding how capabilities, equipment, and facilities 
should be modified to achieve optimum protection; 
and 
(5) consider pending firefighting and salvage 
regulations developed pursuant to the Oil Pollution 
Act of 1990. 
SEC. 1118. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
The Secretary of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a comprehen-
sive study on the proposed construction or alteration of 
any bridge, drawbridge, or causeway over navigable waters 
with a channel depth of 25 feet or greater of the United 
States that may impede or obstruct future navigation to 
or from port facilities. 
SEC. 1119. LIMITATION ON JURISDICTION OF STATES TO 
TAX CERTAIN SEAMEN. 
Section 11108(b)(2)(B) of title 46, United States 
Code, is amended to read as follows: 
‘‘(B) who performs regularly assigned du-
ties while engaged as a master, officer, or crew-
man on a vessel operating on navigable waters 
in 2 or more States.’’. 
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SEC. 1120. DECOMMISSIONED COAST GUARD VESSELS FOR 
BERMUDA. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat and after the Government of Haiti has 
exercised all of their options under section 1109, the Com-
mandant of the Coast Guard shall give the Government 
of Bermuda a right-of-first-refusal for conveyance of that 
vessel to the Government of Bermuda, if that Government 
of Bermuda agrees— 
(1) to use the vessel for the Coast Guard of 
Bermuda; 
(2) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or national emergency; 
(3) to hold the United States Government 
harmless for any claims arising from exposure to 
hazardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from the use by the United 
States Government under paragraph (2); and 
(4) to any other conditions the Commandant 
considers appropriate. 
(b) LIMITATION.—The Commandant may not convey 
more than 3 vessels to the Government of Bermuda pursu-
ant to this section. 
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(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver a vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of a vessel under this section shall not be 
considered a distribution in commerce for purposes 
of section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
SEC. 1121. CONVEYANCE OF COAST GUARD VESSELS TO 
NASSAU COUNTY, NEW YORK. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Police Department of Nassau County, New York 
(in this section referred to as the ‘‘Police Department’’), 
without consideration all right, title, and interest of the 
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United States in and to two Coast Guard 41-foot patrol 
boats that the Commandant determines— 
(1) is appropriate for use by the Police Depart-
ment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Police De-
partment under which the Police Department agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Police Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver a vessel conveyed under the authority provided in 
subsection (a)— 
(1) at the place where the vessel is located on 
the date of the conveyance; 
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(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Police Department for use to enhance the 
operability of a vessel conveyed under the authority pro-
vided in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with a conveyance authorized by sub-
section (a) as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 1122. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a study on the 
public health, safety, and environmental concerns related 
to the underground petroleum spill on the Brooklyn shore-
line of Newtown Creek, New York City, New York, in 
Greenpoint, Brooklyn, New York. 
(b) FULL-SITE CHARACTERIZATION
AND COLLEC-
TION OF NEW FIELD EVIDENCE.—In carrying out the 
study under this section, the Administrator shall conduct 
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a full-site characterization of the underground petroleum 
spill, including the investigation, collection, and analysis 
of new and updated data and field evidence on the extent 
of the petroleum spill, including any portion of the spill 
that has been diluted into surrounding waters, and any 
surrounding soil contamination or soil vapor contamina-
tion. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
a report containing the results of the study to the Com-
mittee on Environment and Public Works and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000. 
SEC. 1123. LAND CONVEYANCE, COAST GUARD PROPERTY 
IN MARQUETTE COUNTY, MICHIGAN, TO THE 
CITY OF MARQUETTE, MICHIGAN. 
(a) 
CONVEYANCE
AUTHORIZED.—(1) 
Notwith-
standing any other provision of law, the Commandant of 
the Coast Guard shall convey, without consideration, to 
the City of Marquette, Michigan (in this section referred 
to as the ‘‘City’’), all right, title, and interest of the United 
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States in and to a parcel of real property, together with 
any improvements thereon, located in Marquette County, 
Michigan, that is under the administrative control of the 
Coast Guard, consisting of approximately 5.5 acres of real 
property, as depicted on the Van Neste survey (#204072), 
dated September 7, 2006, together with the land between 
the intermediate traverse line as shown on such survey 
and the ordinary high water mark, the total comprising 
9 acres, more or less, and commonly identified as Coast 
Guard Station Marquette and Lighthouse Point. 
(2) Except as provided in paragraph (3), any cost as-
sociated with the conveyance shall be borne by the City, 
including, but not limited to, closing costs, attorney fees, 
and the cost of surveys, inspections, title examinations, 
and deed preparation. 
(3)(A) Except as provided in subparagraph (B), prior 
to the conveyance of the property, the Coast Guard shall 
perform and bear the cost of environmental remediation 
required under Federal law. Nothing in this section shall 
be construed to compel the Coast Guard to complete such 
remediation before 10 years from the date of enactment 
of this section. 
(B) The City may assume the Coast Guard″s respon-
sibility to perform and bear the cost of the environmental 
remediation, provided that— 
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(i) the City provides written notice that it will 
assume responsibility for the performance of such 
remediation and the cost thereof; and 
(ii) the City and the Coast Guard enter into a 
written agreement thereon. 
(b) RETENTION OF CERTAIN EASEMENTS.—In con-
veying the property under subsection (a), the Com-
mandant of the Coast Guard may retain such easements 
over the property as the Commandant considers appro-
priate for access to aids to navigation. 
(c) LIMITATIONS.—The property to be conveyed by 
subsection (a) may not be conveyed under that subsection 
until— 
(1) the Coast Guard has relocated Coast Guard 
Station Marquette to a newly constructed station; 
(2) any environmental remediation required 
under Federal law with respect to the property has 
been completed; and 
(3) the Commandant of the Coast Guard deter-
mines that retention of the property by the United 
States is not required to carry out Coast Guard mis-
sions or functions. 
(d) CONDITIONS
OF
TRANSFER.—All conditions 
placed within the deed of title of the property to be con-
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veyed under subsection (a) shall be construed as covenants 
running with the land. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(f) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
tional terms and conditions in connection with the convey-
ance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the 
United States. 
SEC. 1124. MISSION REQUIREMENT ANALYSIS FOR NAVI-
GABLE PORTIONS OF THE RIO GRANDE 
RIVER, 
TEXAS, 
INTERNATIONAL 
WATER 
BOUNDARY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall prepare a mission re-
quirement analysis for the navigable portions of the Rio 
Grande River, Texas, international water boundary. The 
analysis shall take into account the Coast Guard’s involve-
ment on the Rio Grande River by assessing Coast Guard 
missions, assets, and personnel assigned along the Rio 
Grande River. The analysis shall also identify what would 
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be needed for the Coast Guard to increase search and res-
cue operations, migrant interdiction operations, and drug 
interdiction operations. 
SEC. 1125. CONVEYANCE OF COAST GUARD PROPERTY IN 
CHEBOYGAN, MICHIGAN. 
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding 
any other provision of law, the Commandant of the Coast 
Guard is authorized to convey, at fair market value, all 
right, title, and interest of the United States in and to 
a parcel of real property, consisting of approximately 3 
acres, more or less, that is under the administrative con-
trol of the Coast Guard and located at 900 S. Western 
Avenue in Cheboygan, Michigan. 
(b) RIGHT OF FIRST REFUSAL.—The Cornerstone 
Christian Academy, located in Cheboygan, MI, shall have 
the right of first refusal to purchase, at fair market value, 
all or a portion of the real property described in subsection 
(a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(d) FAIR MARKET VALUE.—The fair market value 
of the property shall be— 
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(1) determined by appraisal, in accordance with 
the Uniform Appraisal Standards for Federal Land 
Acquisitions and the Uniform Standards of Profes-
sional Appraisal Practice; and 
(2) subject to the approval of the Commandant. 
(e) COSTS OF CONVEYANCE.—Any cost associated 
with the conveyance shall be borne by the purchaser, in-
cluding, but not limited to— 
(1) closing costs, attorney fees, and the cost of 
surveys, inspections, title examinations, and deed 
preparation; and 
(2) environmental analyses, assessments, clear-
ances, and, if required under Federal law, environ-
mental remediation. 
(f) ENVIRONMENTAL REMEDIATION.—Before convey-
ance of the real property described in paragraph (a), pur-
chaser shall perform any environmental remediation of the 
property that is required under Federal law. 
(g) CREDIT OF FUNDS.—Notwithstanding any other 
provision of law, the net proceeds of a conveyance, author-
ized under subsection (a), shall— 
(1) be credited to the Coast Guard Environ-
mental Compliance and Restoration appropriations 
account current at the time collection is made; 
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(2) be made available, without further appro-
priation, for environmental compliance and restora-
tion purposes in conjunction with any disposal of 
any property under the administrative control of the 
Coast Guard; and 
(3) remain available for such purposes until ex-
pended. 
(h) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
tional terms and conditions in connection with the convey-
ance under subsection (a) as is considered appropriate to 
protect the interests of the United States. 
Æ 
VerDate Nov 24 2008 
03:59 Sep 23, 2009
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H3619
rfrederick on DSKD9S0YB1PROD with BILLS