H. R. 2443—32
(3) LIMITATION.—The Secretary may not under this section
convey—
(A) any historical artifact, including any lens or lan-
tern, located on property conveyed under this section at
or before the time of the conveyance; or
(B) any interest in submerged land.
(b) GENERAL TERMS AND CONDITIONS.—
(1) IN GENERAL.—Any conveyance of property under this
section shall be made—
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the Secretary
may consider appropriate, including the reservation of ease-
ments and other rights on behalf of the United States.
(2) REVERSIONARY INTEREST.—In addition to any term or
condition established under this section, any conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property, at the option
of the Secretary shall revert to the United States and be placed
under the administrative control of the Secretary, if—
(A) the property, or any part of the property—
(i) ceases to be available and accessible to the
public, on a reasonable basis, for educational, park,
recreational, cultural, historic preservation, or other
similar purposes specified for the property in the terms
of conveyance;
(ii) ceases to be maintained in a manner that is
consistent with its present or future use as a site
for Coast Guard aids to navigation or compliance with
this section; or
(iii) ceases to be maintained in a manner consistent
with the conditions in paragraph (4) established by
the Secretary pursuant to the National Historic
Preservation Act (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the Secretary
provides written notice to the owner that the property
is needed for national security purposes.
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—Any convey-
ance of property under this section shall be made subject to
the conditions that the Secretary considers to be necessary
to assure that—
(A) the lights, antennas, and associated equipment
located on the property conveyed that are active aids to
navigation shall continue to be operated and maintained
by the United States for as long as they are needed for
this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to navigation
without express written permission from the Commandant
of the Coast Guard;
(C) there is reserved to the United States the right
to relocate, replace, or add any aids to navigation or make
any changes to the property conveyed as may be necessary
for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the purpose
of operating, maintaining, and inspecting aids to navigation
H. R. 2443—33
and for the purpose of enforcing compliance with this sub-
section; and
(E) the United States shall have an easement of access
to and across the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) MAINTENANCE OF PROPERTY.—
(A) IN
GENERAL.—Subject to subparagraph (B), the
owner of a property conveyed under this section shall main-
tain the property in a proper, substantial, and workmanlike
manner, and in accordance with any conditions established
by the Secretary pursuant to the National Historic
Preservation Act (16 U.S.C. 470 et seq.) and other
applicable laws.
(B) LIMITATION.—The owner of a property conveyed
under this section is not required to maintain any active
aids to navigation on the property, except private aids
to navigation authorized under section 83 of title 14, United
States Code.
(c) DEFINITIONS.—In this section, the following definitions
apply:
(1) AIDS TO NAVIGATION.—The term ‘‘aids to navigation’’
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation equip-
ment, or other associated equipment that are operated or main-
tained by the United States.
(2) OWNER.—The term ‘‘owner’’ means, for property con-
veyed under this section, the person to which property is con-
veyed under subsection (a)(1), and any successor or assign
of that person.
SEC. 613. BRIDGE ADMINISTRATION.
Section 325(b) of the Department of Transportation and Related
Agencies Appropriations Act, 1983 (Pub. L. 97–369; 96 Stat. 1765)
is amended by striking ‘‘provides at least thirty feet of vertical
clearance Columbia River datum and at least eighty feet of hori-
zontal clearance, as’’ and inserting ‘‘is so’’.
SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND
WATERCRAFT.
It is the sense of the Congress that the Coast Guard should
continue—
(1) to place a high priority on addressing the safety risks
posed to boaters by elevated levels of carbon monoxide that
are unique to watercraft; and
(2) to work with vessel and engine manufacturers, the
American Boat & Yacht Council, other Federal agencies, and
the entire boating community in order to determine the best
ways to adequately address this public safety issue and mini-
mize the number of tragic carbon monoxide-related boating
deaths that occur each year.
SEC. 615. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN
CONDITION.
(a) TREATMENT OF VIOLATION.—For purposes of any administra-
tive proceeding to consider mitigation of any civil penalty for a
violation described in subsection (b), such violation is deemed to
have been committed by reason of a safety concern.
H. R. 2443—34
(b) VIOLATION DESCRIBED.—A violation referred to in subsection
(a) is any violation of the Act of June 19, 1886 (chapter 421;
46 App. U.S.C. 289), occurring before April 1, 2003, and consisting
of operation of a passenger vessel in transporting passengers
between the Port of New Orleans and another port on the Gulf
of Mexico at a time when the master of the vessel determined
that the vertical clearance on the Mississippi River at Chalmette,
Louisiana, was insufficient to allow the safe return transport of
passengers on that vessel to the Port of New Orleans.
(c) RELATED PENALTY AMOUNT.—Any civil penalty assessed for
a violation of that Act by a vessel described in subsection (b),
that was committed when that vessel was repositioning to the
Port of New Orleans in July 2003, shall be mitigated to an amount
not to exceed $100 per passenger.
SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS.
(a) VESSELS DEEMED TOUR VESSELS.—Notwithstanding any
other law, a passenger vessel that is not less than 100 gross
tons and not greater than 300 gross tons is deemed to be a tour
vessel for the purpose of permit allocation regulations under section
3(h) of Public Law 91–383 (16 U.S.C. 1a–2(h)) and section 3 of
the Act of August 25, 1916 (16 U.S.C. 3), with respect to vessel
operations in Glacier Bay National Park and Preserve, Alaska
(in this section referred to as ‘‘Glacier Bay’’), if the Secretary of
the department in which the Coast Guard is operating determines
that the vessel—
(1) has equipment installed that permits all graywater
and blackwater to be stored on board for at least 24 hours;
(2) has a draft of not greater than 15 feet;
(3) has propulsion equipment of not greater than 5,000
horsepower; and
(4) is documented under the laws of the United States.
(b) REALLOCATION OF PERMITS.—
(1) REALLOCATION
REQUIRED.—Subject to paragraph (2),
the Secretary of the Interior, upon application by the operator
of a passenger vessel deemed to be a tour vessel under sub-
section (a), shall reallocate to that vessel any available tour
vessel concession permit not used by another vessel, if at the
time of application that permit is not sought by a tour vessel
of less than 100 gross tons.
(2) LIMITATIONS.—No more than three passenger vessels
that are deemed to be a tour vessel under subsection (a) may
hold a tour vessel concession permit at any given time, and
no more than one such vessel may enter Glacier Bay on any
particular date.
(c) COMPLIANCE WITH VESSEL REQUIREMENTS.—
(1) REQUIREMENT TO COMPLY.—Except as otherwise pro-
vided in this section, a vessel reallocated a tour vessel conces-
sion permit under this section shall comply with all regulations
and requirements for Glacier Bay applicable to vessels of at
least 100 gross tons.
(2) REVOCATION OF PERMIT.—The Secretary of the Interior
may revoke a tour vessel concession permit reallocated to a
vessel under this section if that vessel—
(A) discharges graywater or blackwater in Glacier Bay;
or
H. R. 2443—35
(B) violates a vessel operating requirement for Glacier
Bay that applies to vessels that are at least 100 gross
tons, including restrictions pertaining to speed, route, and
closed waters.
(d) TREATMENT OF ENTRIES INTO GLACIER BAY.—An entry into
Glacier Bay by a vessel reallocated a tour vessel concession permit
under this section shall count against the daily vessel quota and
seasonal-use days applicable to entries by tour vessels and shall
not count against the daily vessel quota or seasonal-use days of
any other class of vessel.
SEC. 617. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND
ADJUSTMENT OF GREAT LAKES PILOTAGE RATES.
It is the sense of the Congress that the Secretary of the depart-
ment in which the Coast Guard is operating should, on a timely
basis, review and adjust the rates payable under part 401 of title
46, Code of Federal Regulations, for services performed by United
States registered pilots on the Great Lakes.
SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883) and section 12106 of title 46, United States
Code, the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with appro-
priate endorsement for employment in the coastwise trade for each
of the following vessels:
(1) Barge WCAO–101 (United States official number
506677).
(2) Barge WCAO–102 (United States official number
506851).
(3) Barge WCAO–103 (United States official number
506852).
(4) Barge WCAO–104 (United States official number
507172).
(5) Barge WCAO–105 (United States official number
507173).
(6) Barge WCAO–106 (United States official number
620514).
(7) Barge WCAO–107 (United States official number
620515).
(8) Barge WCAO–108 (United States official number
620516).
(9) Barge WCAO–3002 (United States official number
295147).
(10) Barge WCAO–3004 (United States official number
517396).
SEC. 619. CORRECTION TO DEFINITION.
Paragraph (4) of section 2 of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (Public Law 107–173) is
amended by striking subparagraph (G) and inserting the following:
‘‘(G) The Coast Guard.’’.
SEC. 620. LORAN-C.
There are authorized to be appropriated to the Department
of Transportation, in addition to funds authorized for the Coast
Guard for operation of the LORAN-C system, for capital expenses
related to LORAN-C navigation infrastructure, $25,000,000 for