284 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant may require such additional terms and conditions 
in connection with the conveyance required by subsection 
(a) as the Commandant considers appropriate to protect 
the interests of the United States. 
SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR 
HAITI. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat, the Commandant of the Coast Guard 
shall give the Government of Haiti a right-of-first-refusal 
for conveyance of that vessel to the Government of Haiti, 
if that Government of Haiti agrees— 
(1) to use the vessel for the Coast Guard of 
Haiti; 
(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 harm-
less for any claims arising from exposure to haz-
ardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
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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 10 vessels to the Government of Haiti pursuant 
to this section. 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a ves-
sel under this section, the Commandant shall make, to 
the extent practical and subject to other Coast Guard 
mission requirements, every effort to maintain the in-
tegrity of the vessel and its equipment 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 convey-
ance of a vessel under this section shall not be consid-
ered a distribution in commerce for purposes of sec-
tion 6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 
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SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
(a) IN GENERAL.—Notwithstanding section 12111(d) 
of title 46, United States Code, foreign-flag vessels may be 
chartered by, or on behalf of, a lessee to be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit that is lo-
cated over the Outer Continental Shelf (as defined in section 
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a)) for operations in support of exploration, or flow- 
testing and stimulation of wells, for offshore mineral or en-
ergy resources in the Beaufort Sea or the Chukchi Sea adja-
cent to Alaska— 
(1) for a 1-year period from the date the lessee 
gives the Secretary of Transportation written notice 
of the commencement of such exploration drilling if 
the Secretary determines, after publishing notice in 
the Federal Register, that insufficient vessels docu-
mented under section 12111(d) of title 46, United 
States Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in support 
of such operations; and 
(2) for an additional period until such vessels 
are available if the Secretary of Transportation deter-
mines— 
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(A) that, by April 30 of the year following 
the commencement of exploration drilling, the 
lessee has entered into a binding agreement to 
employ a suitable vessel or vessels to be docu-
mented under section 12111(d) of title 46, 
United States Code, in sufficient numbers and 
with sufficient suitability to replace any foreign- 
flag vessel or vessels operating under this section; 
and 
(B) after publishing notice in the Federal 
Register, that insufficient vessels documented 
under section 12111(d) of title 46, United States 
Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in 
support of such operations. 
(b) EXPIRATION.—Irrespective of the year in which the 
commitment referred to in subsection (a)(2)(A) occurs, for-
eign-flag anchor handling vessels may not be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit after De-
cember 31, 2017. 
(c) LESSEE DEFINED.—In this section, the term ‘‘les-
see’’ means the holder of a lease (as defined in section 
1331(c) of title 43, United States Code), who, prior to giv-
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ing the written notice in subsection (a)(1), has entered into 
a binding agreement to employ a suitable vessel documented 
or to be documented under section 12111(d) of title 46, 
United States Code. 
(d) SAVINGS PROVISION.—Nothing in subsection (a) 
may be construed to authorize the employment in the coast-
wise trade of a vessel that does not meet the requirements 
of section 12112 of title 46, United States Code. 
SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT. 
(a) REQUIREMENT.—The Commandant of the Coast 
Guard, acting through the appropriate Area Committee es-
tablished under section 311(j)(4) of the Federal Water Pol-
lution Control Act, shall prepare a vessel traffic risk assess-
ment for Cook Inlet, Alaska, within one year after the date 
of enactment of this Act. 
(b) CONTENTS.—The assessment shall describe, for the 
region covered by the assessment— 
(1) the amount and character of present and es-
timated future shipping traffic in the region; and 
(2) the current and projected use and effective-
ness in reducing risk, of— 
(A) traffic separation schemes and routing 
measures; 
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(B) long-range vessel tracking systems devel-
oped under section 70115 of title 46, United 
States Code; 
(C) towing, response, or escort tugs; 
(D) vessel traffic services; 
(E) emergency towing packages on vessels; 
(F) increased spill response equipment in-
cluding equipment appropriate for severe weath-
er and sea conditions; 
(G) the Automatic Identification System de-
veloped under section 70114 of title 46, United 
States Code; 
(H) particularly sensitive sea areas, areas 
to be avoided, and other traffic exclusion zones; 
(I) aids to navigation; and 
(J) vessel response plans. 
(c) RECOMMENDATIONS.— 
(1) IN GENERAL.—The assessment shall include 
any appropriate recommendations to enhance the 
safety, or lessen potential adverse environmental im-
pacts, of marine shipping. 
(2) CONSULTATION.—Before making any rec-
ommendations under paragraph (1) for a region, the 
Area Committee shall consult with affected local, 
State, and Federal government agencies, representa-
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tives of the fishing industry, Alaska Natives from the 
region, the conservation community, and the mer-
chant shipping and oil transportation industries. 
(d) PROVISION
TO CONGRESS.—The Commandant 
shall provide a copy of the assessment to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commandant 
$1,000,000 for fiscal year 2010 to the conduct the assess-
ment. 
SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SEC-
TOR BUFFALO FACILITIES. 
(a) PURPOSES.—The purposes of this section are— 
(1) to authorize a project study to evaluate the 
feasibility of consolidating and relocating Coast 
Guard facilities at Coast Guard Sector Buffalo within 
the study area; 
(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: 
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(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 Buffalo, 
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 
Committee on Transportation and Infrastructure of 
the House of Representatives. 
(2) REQUIREMENTS.—The project proposal re-
port shall— 
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(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, en-
gineering, and construction of the proposed 
project; 
(ii) an anticipated timeline of the pro-
posed project; and 
(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. 
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SEC. 1313. 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 section 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 determines— 
(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 Coun-
ty, Mississippi. 
(2) The Sheriff’s Department of Warren County, 
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— 
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(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 re-
spect to that vessel after conveyance of the vessel, in-
cluding any claims arising from the condition of the 
vessel and its equipment or exposure to hazardous 
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; 
(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 Secu-
rity, to the Sheriff’s Department for use to enhance the oper-
ability of the vessel conveyed under the authority provided 
in subsection (a). 
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(f) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant may require such additional terms and conditions 
in connection with the conveyance authorized by subsection 
(a) as the Commandant considers appropriate to protect 
the interests of the United States. 
SEC. 1314. 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 fiscal 
year 2010 such sums as are necessary to carry out this sec-
tion. 
SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS. 
Section 8103 of title 46, United States Code, is amend-
ed by adding at the end the follow new subsection: 
‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS.— 
‘‘(1) CITIZENSHIP.—Notwithstanding subsection 
(a), a purse seine tuna fishing vessel documented 
under chapter 121 fishing exclusively for highly mi-
gratory species under a fishing license issued pursu-
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ant to the 1987 Treaty on Fisheries Between the Gov-
ernments 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 individual 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 notice 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 indi-
vidual holds a valid license or certificate 
issued— 
‘‘(i) in accordance with the standards 
established by the 1995 amendments to the 
Convention on Standards of Training, Cer-
tification and Watchkeeping for Seafarers, 
1978 (STCW 95); and 
‘‘(ii) by an authority that the Sec-
retary of the department in which the Coast 
Guard is operating recognizes as imposing 
competency and training standards equiva-
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lent to or exceeding those required for a 
issued under chapter 71. 
‘‘(B) LIMITATION ON APPLICATION.—Para-
graph (1) applies only to engagement of an indi-
vidual on a vessel that— 
‘‘(i) 
is 
homeported 
in 
American 
Samoa, Guam, or the Northern Mariana Is-
lands; and 
‘‘(ii) has passed an annual commercial 
fishing vessel safety exam administered by a 
individual authorized to enforce this title. 
‘‘(3) TREATMENT
OF
EQUIVALENT
LICENSE.— 
The Secretary of the department in which the Coast 
Guard is operating shall treat a license held by an 
individual engaged under paragraph (1) that was 
issued by a foreign government as meeting the re-
quirements of section 8304 with respect to that en-
gagement, if the Secretary determines that the stand-
ards for issuing that license are equivalent to the 
standards that apply under that section.’’. 
SEC. 1316. 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 
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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 addi-
tional 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 Secretary shall 
include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets, includ-
ing assets acquired under the Deepwater program; 
(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 operating 
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— 
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(A) whether the Coast Guard’s high latitude 
icebreaking fleet is meeting current mission per-
formance goals; 
(B) whether the fleet is capable of meeting 
projected mission performance goals; and 
(C) an assessment of the material condition, 
safety, and working conditions aboard high lati-
tude icebreaking assets, including the effect of 
those conditions on mission performance; 
(5) a detailed estimate of acquisition costs for 
each of the assets (including shore infrastructure) nec-
essary for additional prevention and response capa-
bility in high latitude regions for all Coast Guard 
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 
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(B) replace the Coast Guard’s existing high 
latitude icebreaking fleet. 
SEC. 1317. 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 Acad-
emy of Sciences the need for regional response vessel and 
salvage capability for the State of Washington Olympic Pe-
ninsula coast. In conducting the study, the National Acad-
emy of Sciences shall consult with Federal, State, and tribal 
officials and other relevant stakeholders. The study shall— 
(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 firefighting capa-
bilities; 
(2) analyze the multimission capabilities nec-
essary for a rescue vessel and the need for that vessel 
to utilize cached salvage, oil spill response, and oil 
storage equipment while responding to a spill or a 
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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 benefits 
with other United States industry-funded response 
vessels, including those currently operating in Alas-
ka’s Prince William Sound; 
(4) determine whether the current level of protec-
tion afforded by the Neah Bay response vessel and as-
sociated response equipment is comparable to protec-
tion in other locations where response vessels operate, 
including Prince William Sound, Alaska, and if it is 
not comparable, make recommendations 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. 1318. 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 
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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. 1319. 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 duties 
while engaged as a master, officer, or crewman 
on a vessel operating on navigable waters in 2 
or more States.’’. 
SEC. 1320. 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 1309, the Com-
mandant of the Coast Guard shall give the Government of 
Bermuda a right-of-first-refusal for conveyance of that ves-
sel to the Government of Bermuda, if that Government of 
Bermuda agrees— 
(1) to use the vessel for the Coast Guard of Ber-
muda; 
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(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 harm-
less for any claims arising from exposure to haz-
ardous 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. 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a ves-
sel under this section, the Commandant shall make, to 
the extent practical and subject to other Coast Guard 
mission requirements, every effort to maintain the in-
tegrity of the vessel and its equipment 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. 
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(3) TREATMENT OF CONVEYANCE.—The convey-
ance of a vessel under this section shall not be consid-
ered a distribution in commerce for purposes of sec-
tion 6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 
SEC. 1321. 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 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 
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upon by the Commandant and the Police Department 
before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with re-
spect to that vessel after conveyance of the vessel, in-
cluding any claims arising from the condition of the 
vessel and its equipment or exposure to hazardous 
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; 
(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 Secu-
rity, to the Police Department for use to enhance the oper-
ability of a vessel conveyed under the authority provided 
in subsection (a). 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant may require such additional terms and conditions 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
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