3354 
(1) to specify— 
(A) the activities of the Secretary relating 
to the management of the Historic Landscape; 
and 
(B) the activities of the Secretary of the 
Army relating to environmental remediation 
and the removal of unexploded ordnance in ac-
cordance with subsection (e) and other applica-
ble laws (including regulations); and 
(2) to require the Secretary to provide to the 
Secretary of the Army, by not later than 1 year 
after the date of enactment of this Act and periodi-
cally thereafter, as appropriate, a management plan 
for the Historic Landscape for purposes of the re-
moval activities described in subsection (e). 
(g) EFFECT.—Nothing in this section— 
(1) affects the jurisdiction of the State over any 
water law, water right, or adjudication or adminis-
tration relating to any water resource; 
(2) affects any water right in existence on the 
date of enactment of this Act, or the exercise of such 
a water right, including— 
(A) a water right subject to an interstate 
water compact (including full development of
3355 
any apportionment made in accordance with 
such a compact); 
(B) a water right decreed within, above, 
below, or through the Historic Landscape; 
(C) a change, exchange, plan for aug-
mentation, or other water decree with respect to 
a water right, including a conditional water 
right, in existence on the date of enactment of 
this Act— 
(i) that is consistent with the pur-
poses described in subsection (b); and 
(ii) that does not result in diversion of 
a greater flow rate or volume of water for 
such a water right in existence on the date 
of enactment of this Act; 
(D) a water right held by the United 
States; 
(E) the management or operation of any 
reservoir, including the storage, management, 
release, or transportation of water; and 
(F) the construction or operation of such 
infrastructure as is determined to be necessary 
by an individual or entity holding water rights 
to develop and place to beneficial use those
3356 
rights, subject to applicable Federal, State, and 
local law (including regulations); 
(3) constitutes an express or implied reservation 
by the United States of any reserved or appropria-
tive water right; 
(4) affects— 
(A) any permit held by a ski area or other 
entity; or 
(B) the implementation of associated ac-
tivities or facilities authorized by law or permit 
outside the boundaries of the Historic Land-
scape; 
(5) prevents the Secretary from closing portions 
of the Historic Landscape for public safety, environ-
mental remediation, or other use in accordance with 
applicable laws; or 
(6) affects— 
(A) any special use permit in effect on the 
date of enactment of this Act; or 
(B) the renewal of a permit described in 
subparagraph (A). 
(h) FUNDING.—There is authorized to be appro-
priated $10,000,000 for activities relating to historic in-
terpretation, preservation, and restoration carried out in 
and around the Historic Landscape.
3357 
(i) DESIGNATION OF OVERLOOK.—The interpretive 
site located beside United States Route 24 in the State, 
at 39.431N 106.323W, is designated as the ‘‘Sandy Treat 
Overlook’’. 
SEC. 7119. WHITE RIVER NATIONAL FOREST BOUNDARY 
MODIFICATION. 
(a) IN GENERAL.—The boundary of the White River 
National Forest is modified to include the approximately 
120 acres comprised of the SW1⁄4, the SE1⁄4, and the 
NE1⁄4 of the SE1⁄4 of sec. 1, T. 2 S., R. 80 W., 6th Prin-
cipal Meridian, in Summit County in the State. 
(b) LAND AND WATER CONSERVATION FUND.—For 
purposes of section 200306 of title 54, United States 
Code, the boundaries of the White River National Forest, 
as modified by subsection (a), shall be considered to be 
the boundaries of the White River National Forest as in 
existence on January 1, 1965. 
SEC. 7120. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL 
WILDERNESS BOUNDARY ADJUSTMENT. 
(a) PURPOSE.—The purpose of this section is to pro-
vide for the ongoing maintenance and use of portions of 
the Trail River Ranch and the associated property located 
within Rocky Mountain National Park in Grand County 
in the State.
3358 
(b) BOUNDARY ADJUSTMENT.—Section 1952(b) of 
the Omnibus Public Land Management Act of 2009 (Pub-
lic Law 111–11; 123 Stat. 1070) is amended by adding 
at the end the following: 
‘‘(3) BOUNDARY ADJUSTMENT.—The boundary 
of the Potential Wilderness is modified to exclude 
the area comprising approximately 15.5 acres of 
land identified as ‘Potential Wilderness to Non-wil-
derness’ on the map entitled ‘Rocky Mountain Na-
tional Park Proposed Wilderness Area Amendment’ 
and dated January 16, 2018.’’. 
SEC. 7121. ADMINISTRATIVE PROVISIONS. 
(a) FISH AND WILDLIFE.—Nothing in this subtitle 
affects the jurisdiction or responsibility of the State with 
respect to fish and wildlife in the State. 
(b) NO BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this subtitle or 
an amendment made by this subtitle establishes a 
protective perimeter or buffer zone around— 
(A) a covered area; 
(B) a wilderness area or potential wilder-
ness area designated by section 7113; 
(C) the Recreation Management Area; 
(D) a Wildlife Conservation Area; or 
(E) the Historic Landscape.
3359 
(2) OUTSIDE ACTIVITIES.—The fact that a non-
wilderness activity or use on land outside of an area 
described in paragraph (1) can be seen or heard 
from within the applicable area described in para-
graph (1) shall not preclude the activity or use out-
side the boundary of the applicable area described in 
paragraph (1). 
(c) TRIBAL RIGHTS AND USES.— 
(1) TREATY RIGHTS.—Nothing in this subtitle 
affects the treaty rights of an Indian Tribe. 
(2) TRADITIONAL
TRIBAL
USES.—Subject to 
any terms and conditions that the Secretary deter-
mines to be necessary and in accordance with appli-
cable law, the Secretary shall allow for the continued 
use of the areas described in subsection (b)(1) by 
members of Indian Tribes— 
(A) for traditional ceremonies; and 
(B) as a source of traditional plants and 
other materials. 
(d) MAPS AND LEGAL DESCRIPTIONS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary 
shall prepare maps and legal descriptions of each 
area described in subsection (b)(1) with—
3360 
(A) the Committee on Natural Resources 
of the House of Representatives; and 
(B) the Committee on Energy and Natural 
Resources of the Senate. 
(2) FORCE OF LAW.—Each map and legal de-
scription prepared under paragraph (1) shall have 
the same force and effect as if included in this sub-
title, except that the Secretary may— 
(A) correct any typographical errors in the 
maps and legal descriptions; and 
(B) in consultation with the State, make 
minor adjustments to the boundaries of the 
Tenmile Recreation Management Area des-
ignated by section 7114(a), the Porcupine 
Gulch Wildlife Conservation Area designated by 
section 7115(a), and the Williams Fork Moun-
tains Wildlife Conservation Area designated by 
section 7116(a) to account for potential high-
way or multimodal transportation system con-
struction, safety measures, maintenance, re-
alignment, or widening. 
(3) PUBLIC
AVAILABILITY.—Each map and 
legal description prepared under paragraph (1) shall 
be on file and available for public inspection in the 
appropriate offices of the Forest Service.
3361 
(e) ACQUISITION OF LAND.— 
(1) IN GENERAL.—The Secretary may acquire 
any land or interest in land within the boundaries of 
an area described in subsection (b)(1) by donation, 
purchase from a willing seller, or exchange. 
(2) MANAGEMENT.—Any land or interest in 
land acquired under paragraph (1) shall be incor-
porated into, and administered as a part of, the wil-
derness area, Recreation Management Area, Wildlife 
Conservation Area, or Historic Landscape, as appli-
cable, in which the land or interest in land is lo-
cated. 
(f) WITHDRAWAL.—Subject to valid existing rights, 
the areas described in subsection (b)(1) are withdrawn 
from— 
(1) entry, appropriation, and disposal under the 
public land laws; 
(2) location, entry, and patent under mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(g) MILITARY OVERFLIGHTS.—Nothing in this sub-
title or an amendment made by this subtitle restricts or 
precludes—
3362 
(1) any low-level overflight of military aircraft 
over any area subject to this subtitle or an amend-
ment made by this subtitle, including military over-
flights that can be seen, heard, or detected within 
such an area; 
(2) flight testing or evaluation over an area de-
scribed in paragraph (1); or 
(3) the use or establishment of— 
(A) any new unit of special use airspace 
over an area described in paragraph (1); or 
(B) any military flight training or trans-
portation over such an area. 
(h) SENSE OF CONGRESS.—It is the sense of Con-
gress that military aviation training on Federal public 
land in the State, including the training conducted at the 
High-Altitude Army National Guard Aviation Training 
Site, is critical to the national security of the United 
States and the readiness of the Armed Forces. 
Subtitle B—San Juan Mountains 
SEC. 7131. DEFINITIONS. 
In this subtitle: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means— 
(A) land designated as wilderness under 
paragraphs (27) through (29) of section 2(a) of
3363 
the Colorado Wilderness Act of 1993 (16 
U.S.C. 1132 note; Public Law 103–77) (as 
added by section 7132); and 
(B) a Special Management Area. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(3) SPECIAL
MANAGEMENT
AREA.—The term 
‘‘Special Management Area’’ means each of— 
(A) the Sheep Mountain Special Manage-
ment Area designated by section 7133(a)(1); 
and 
(B) the Liberty Bell East Special Manage-
ment Area designated by section 7133(a)(2). 
SEC. 7132. ADDITIONS TO NATIONAL WILDERNESS PRESER-
VATION SYSTEM. 
Section 2(a) of the Colorado Wilderness Act of 1993 
(16 U.S.C. 1132 note; Public Law 103–77) (as amended 
by section 7112(a)) is further amended by adding at the 
end the following: 
‘‘(27) LIZARD HEAD WILDERNESS ADDITION.— 
Certain 
Federal 
land 
in 
the 
Grand 
Mesa, 
Uncompahgre, and Gunnison National Forests com-
prising approximately 3,141 acres, as generally de-
picted on the map entitled ‘Proposed Wilson, Sun-
shine, Black Face and San Bernardo Additions to
3364 
the Lizard Head Wilderness’ and dated September 
6, 2018, which is incorporated in, and shall be ad-
ministered as part of, the Lizard Head Wilderness. 
‘‘(28) MOUNT
SNEFFELS
WILDERNESS
ADDI-
TIONS.— 
‘‘(A) LIBERTY
BELL
AND
LAST
DOLLAR 
ADDITIONS.—Certain Federal land in the 
Grand Mesa, Uncompahgre, and Gunnison Na-
tional Forests comprising approximately 7,235 
acres, as generally depicted on the map entitled 
‘Proposed Liberty Bell and Last Dollar Addi-
tions to the Mt. Sneffels Wilderness, Liberty 
Bell East Special Management Area’ and dated 
September 6, 2018, which is incorporated in, 
and shall be administered as part of, the Mount 
Sneffels Wilderness. 
‘‘(B) WHITEHOUSE
ADDITIONS.—Certain 
Federal land in the Grand Mesa, Uncompahgre, 
and Gunnison National Forests comprising ap-
proximately 12,465 acres, as generally depicted 
on the map entitled ‘Proposed Whitehouse Ad-
ditions to the Mt. Sneffels Wilderness’ and 
dated September 6, 2018, which is incorporated 
in, and shall be administered as part of, the 
Mount Sneffels Wilderness.
3365 
‘‘(29) MCKENNA PEAK WILDERNESS.—Certain 
Federal land in the State of Colorado comprising ap-
proximately 8,884 acres of Bureau of Land Manage-
ment land, as generally depicted on the map entitled 
‘Proposed McKenna Peak Wilderness Area’ and 
dated September 18, 2018, to be known as the 
‘McKenna Peak Wilderness’.’’. 
SEC. 7133. SPECIAL MANAGEMENT AREAS. 
(a) DESIGNATION.— 
(1) SHEEP MOUNTAIN SPECIAL MANAGEMENT 
AREA.—The Federal land in the Grand Mesa, 
Uncompahgre, and Gunnison and San Juan Na-
tional Forests in the State comprising approximately 
21,663 acres, as generally depicted on the map enti-
tled ‘‘Proposed Sheep Mountain Special Manage-
ment Area’’ and dated September 19, 2018, is des-
ignated as the ‘‘Sheep Mountain Special Manage-
ment Area’’. 
(2) LIBERTY
BELL
EAST
SPECIAL
MANAGE-
MENT AREA.—The Federal land in the Grand Mesa, 
Uncompahgre, and Gunnison National Forests in 
the State comprising approximately 792 acres, as 
generally depicted on the map entitled ‘‘Proposed 
Liberty Bell and Last Dollar Additions to the Mt. 
Sneffels Wilderness, Liberty Bell East Special Man-
3366 
agement Area’’ and dated September 6, 2018, is 
designated as the ‘‘Liberty Bell East Special Man-
agement Area’’. 
(b) PURPOSE.—The purpose of the Special Manage-
ment Areas is to conserve and protect for the benefit and 
enjoyment of present and future generations the geologi-
cal, cultural, archaeological, paleontological, natural, sci-
entific, recreational, wilderness, wildlife, riparian, histor-
ical, educational, and scenic resources of the Special Man-
agement Areas. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Special Management Areas in a manner that— 
(A) conserves, protects, and enhances the 
resources and values of the Special Manage-
ment Areas described in subsection (b); 
(B) subject to paragraph (3), maintains or 
improves the wilderness character of the Special 
Management Areas and the suitability of the 
Special Management Areas for potential inclu-
sion in the National Wilderness Preservation 
System; and 
(C) is in accordance with— 
(i) the National Forest Management 
Act of 1976 (16 U.S.C. 1600 et seq.);
3367 
(ii) this subtitle; and 
(iii) any other applicable laws. 
(2) PROHIBITIONS.—The following shall be pro-
hibited in the Special Management Areas: 
(A) Permanent roads. 
(B) Except as necessary to meet the min-
imum requirements for the administration of 
the Federal land, to provide access for aban-
doned mine cleanup, and to protect public 
health and safety— 
(i) the use of motor vehicles, motor-
ized equipment, or mechanical transport 
(other than as provided in paragraph (3)); 
and 
(ii) the establishment of temporary 
roads. 
(3) AUTHORIZED ACTIVITIES.— 
(A) IN
GENERAL.—The Secretary may 
allow any activities (including helicopter access 
for recreation and maintenance and the com-
petitive running event permitted since 1992) 
that have been authorized by permit or license 
as of the date of enactment of this Act to con-
tinue within the Special Management Areas,
3368 
subject to such terms and conditions as the 
Secretary may require. 
(B) PERMITTING.—The designation of the 
Special Management Areas by subsection (a) 
shall not affect the issuance of permits relating 
to the activities covered under subparagraph 
(A) after the date of enactment of this Act. 
(C) BICYCLES.—The Secretary may permit 
the use of bicycles in— 
(i) the portion of the Sheep Mountain 
Special Management Area identified as 
‘‘Ophir Valley Area’’ on the map entitled 
‘‘Proposed Sheep Mountain Special Man-
agement Area’’ and dated September 19, 
2018; and 
(ii) the portion of the Liberty Bell 
East Special Management Area identified 
as ‘‘Liberty Bell Corridor’’ on the map en-
titled ‘‘Proposed Liberty Bell and Last 
Dollar Additions to the Mt. Sneffels Wil-
derness, Liberty Bell East Special Manage-
ment Area’’ and dated September 6, 2018. 
(d) APPLICABLE LAW.—Water and water rights in 
the Special Management Areas shall be administered in 
accordance with section 8 of the Colorado Wilderness Act
3369 
of 1993 (Public Law 103–77; 107 Stat. 762), except that, 
for purposes of this subtitle— 
(1) any reference contained in that section to 
‘‘the lands designated as wilderness by this Act’’, 
‘‘the Piedra, Roubideau, and Tabeguache areas iden-
tified in section 9 of this Act, or the Bowen Gulch 
Protection Area or the Fossil Ridge Recreation Man-
agement Area identified in sections 5 and 6 of this 
Act’’, or ‘‘the areas described in sections 2, 5, 6, and 
9 of this Act’’ shall be considered to be a reference 
to ‘‘the Special Management Areas’’; and 
(2) any reference contained in that section to 
‘‘this Act’’ shall be considered to be a reference to 
‘‘the Colorado Outdoor Recreation and Economy 
Act’’. 
SEC. 7134. RELEASE OF WILDERNESS STUDY AREAS. 
(a) DOMINGUEZ
CANYON
WILDERNESS
STUDY 
AREA.—Subtitle E of title II of Public Law 111–11 is 
amended— 
(1) by redesignating section 2408 (16 U.S.C. 
460zzz–7) as section 2409; and 
(2) by inserting after section 2407 (16 U.S.C. 
460zzz–6) the following:
3370 
‘‘SEC. 2408. RELEASE. 
‘‘(a) IN GENERAL.—Congress finds that, for the pur-
poses of section 603(c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1782(c)), the por-
tions of the Dominguez Canyon Wilderness Study Area 
not designated as wilderness by this subtitle have been 
adequately studied for wilderness designation. 
‘‘(b) RELEASE.—Any public land referred to in sub-
section (a) that is not designated as wilderness by this 
subtitle— 
‘‘(1) is no longer subject to section 603(c) of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1782(c)); and 
‘‘(2) shall be managed in accordance with this 
subtitle and any other applicable laws.’’. 
(b) MCKENNA PEAK WILDERNESS STUDY AREA.— 
(1) IN GENERAL.—Congress finds that, for the 
purposes of section 603(c) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 
1782(c)), the portions of the McKenna Peak Wilder-
ness Study Area in San Miguel County in the State 
not designated as wilderness by paragraph (29) of 
section 2(a) of the Colorado Wilderness Act of 1993 
(16 U.S.C. 1132 note; Public Law 103–77) (as 
added by section 7132) have been adequately studied 
for wilderness designation.
3371 
(2) RELEASE.—Any public land referred to in 
paragraph (1) that is not designated as wilderness 
by paragraph (29) of section 2(a) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; Pub-
lic Law 103–77) (as added by section 7132)— 
(A) is no longer subject to section 603(c) 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1782(c)); and 
(B) shall be managed in accordance with 
applicable laws. 
SEC. 7135. ADMINISTRATIVE PROVISIONS. 
(a) FISH AND WILDLIFE.—Nothing in this subtitle 
affects the jurisdiction or responsibility of the State with 
respect to fish and wildlife in the State. 
(b) NO BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this subtitle es-
tablishes a protective perimeter or buffer zone 
around covered land. 
(2) ACTIVITIES
OUTSIDE
WILDERNESS.—The 
fact that a nonwilderness activity or use on land out-
side of the covered land can be seen or heard from 
within covered land shall not preclude the activity or 
use outside the boundary of the covered land. 
(c) TRIBAL RIGHTS AND USES.—
3372 
(1) TREATY RIGHTS.—Nothing in this subtitle 
affects the treaty rights of any Indian Tribe, includ-
ing rights under the Agreement of September 13, 
1873, ratified by the Act of April 29, 1874 (18 Stat. 
36, chapter 136). 
(2) TRADITIONAL
TRIBAL
USES.—Subject to 
any terms and conditions as the Secretary deter-
mines to be necessary and in accordance with appli-
cable law, the Secretary shall allow for the continued 
use of the covered land by members of Indian 
Tribes— 
(A) for traditional ceremonies; and 
(B) as a source of traditional plants and 
other materials. 
(d) MAPS AND LEGAL DESCRIPTIONS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary or 
the Secretary of the Interior, as appropriate, shall 
file a map and a legal description of each wilderness 
area designated by paragraphs (27) through (29) of 
section 2(a) of the Colorado Wilderness Act of 1993 
(16 U.S.C. 1132 note; Public Law 103–77) (as 
added by section 7132) and the Special Management 
Areas with—
3373 
(A) the Committee on Natural Resources 
of the House of Representatives; and 
(B) the Committee on Energy and Natural 
Resources of the Senate. 
(2) FORCE OF LAW.—Each map and legal de-
scription filed under paragraph (1) shall have the 
same force and effect as if included in this subtitle, 
except that the Secretary or the Secretary of the In-
terior, as appropriate, may correct any typographical 
errors in the maps and legal descriptions. 
(3) PUBLIC
AVAILABILITY.—Each map and 
legal description filed under paragraph (1) shall be 
on file and available for public inspection in the ap-
propriate offices of the Bureau of Land Management 
and the Forest Service. 
(e) ACQUISITION OF LAND.— 
(1) IN GENERAL.—The Secretary or the Sec-
retary of the Interior, as appropriate, may acquire 
any land or interest in land within the boundaries of 
a Special Management Area or the wilderness des-
ignated under paragraphs (27) through (29) of sec-
tion 2(a) of the Colorado Wilderness Act of 1993 
(16 U.S.C. 1132 note; Public Law 103–77) (as 
added by section 7132) by donation, purchase from 
a willing seller, or exchange.
3374 
(2) MANAGEMENT.—Any land or interest in 
land acquired under paragraph (1) shall be incor-
porated into, and administered as a part of, the wil-
derness or Special Management Area in which the 
land or interest in land is located. 
(f) GRAZING.—The grazing of livestock on covered 
land, if established before the date of enactment of this 
Act, shall be permitted to continue subject to such reason-
able regulations as are considered to be necessary by the 
Secretary with jurisdiction over the covered land, in ac-
cordance with— 
(1) section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1133(d)(4)); and 
(2) the applicable guidelines set forth in Appen-
dix A of the report of the Committee on Interior and 
Insular Affairs of the House of Representatives ac-
companying H.R. 2570 of the 101st Congress (H. 
Rept. 101–405) or H.R. 5487 of the 96th Congress 
(H. Rept. 96–617). 
(g) FIRE, INSECTS, AND DISEASES.—In accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary with jurisdiction over a wilder-
ness area designated by paragraphs (27) through (29) of 
section 2(a) of the Colorado Wilderness Act of 1993 (16 
U.S.C. 1132 note; Public Law 103–77) (as added by sec-
3375 
tion 7132) may carry out any activity in the wilderness 
area that the Secretary determines to be necessary for the 
control of fire, insects, and diseases, subject to such terms 
and conditions as the Secretary determines to be appro-
priate. 
(h) WITHDRAWAL.—Subject to valid existing rights, 
the covered land and the approximately 6,590 acres gen-
erally depicted on the map entitled ‘‘Proposed Naturita 
Canyon Mineral Withdrawal Area’’ and dated September 
6, 2018, is withdrawn from— 
(1) entry, appropriation, and disposal under the 
public land laws; 
(2) location, entry, and patent under mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
Subtitle C—Thompson Divide 
SEC. 7141. PURPOSES. 
The purposes of this subtitle are— 
(1) subject to valid existing rights, to withdraw 
certain Federal land in the Thompson Divide area 
from mineral and other disposal laws in order to 
protect the agricultural, ranching, wildlife, air qual-
ity, recreation, ecological, and scenic values of the 
area; and
3376 
(2) to promote the capture of fugitive methane 
emissions that would otherwise be emitted into the 
atmosphere. 
SEC. 7142. DEFINITIONS. 
In this subtitle: 
(1) FUGITIVE METHANE EMISSIONS.—The term 
‘‘fugitive methane emissions’’ means methane gas 
from the Federal land or interests in Federal land 
in Garfield, Gunnison, Delta, or Pitkin County in 
the State, within the boundaries of the ‘‘Fugitive 
Coal Mine Methane Use Pilot Program Area’’, as 
generally depicted on the pilot program map, that 
would leak or be vented into the atmosphere from— 
(A) an active or inactive coal mine subject 
to a Federal coal lease; or 
(B) an abandoned underground coal mine 
or the site of a former coal mine— 
(i) that is not subject to a Federal 
coal lease; and 
(ii) with respect to which the Federal 
interest in land includes mineral rights to 
the methane gas. 
(2) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the Greater Thompson Divide Fugitive
3377 
Coal Mine Methane Use Pilot Program established 
by section 7145(a)(1). 
(3) PILOT
PROGRAM
MAP.—The term ‘‘pilot 
program map’’ means the map entitled ‘‘Greater 
Thompson Divide Fugitive Coal Mine Methane Use 
Pilot Program Area’’ and dated April 29, 2022. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) THOMPSON DIVIDE LEASE.— 
(A) IN GENERAL.—The term ‘‘Thompson 
Divide lease’’ means any oil or gas lease in ef-
fect on the date of enactment of this Act within 
the Thompson Divide Withdrawal and Protec-
tion Area. 
(B) EXCLUSIONS.—The term ‘‘Thompson 
Divide lease’’ does not include any oil or gas 
lease that— 
(i) is associated with a Wolf Creek 
Storage Field development right; or 
(ii) before the date of enactment of 
this Act, has expired, been cancelled, or 
otherwise terminated. 
(6) 
THOMPSON
DIVIDE
MAP.—The 
term 
‘‘Thompson Divide map’’ means the map entitled
3378 
‘‘Greater Thompson Divide Area Map’’ and dated 
November 5, 2021. 
(7) THOMPSON DIVIDE WITHDRAWAL AND PRO-
TECTION AREA.—The term ‘‘Thompson Divide With-
drawal and Protection Area’’ means the Federal 
land and minerals within the area generally depicted 
as the ‘‘Thompson Divide Withdrawal and Protec-
tion Area’’ on the Thompson Divide map. 
(8) WOLF CREEK STORAGE FIELD DEVELOP-
MENT RIGHT.— 
(A) IN GENERAL.—The term ‘‘Wolf Creek 
Storage Field development right’’ means a de-
velopment right for any of the Federal mineral 
leases numbered COC 0007496, COC 0007497, 
COC 0007498, COC 0007499, COC 0007500, 
COC 0007538, COC 0008128, COC 0015373, 
COC 0128018, COC 0051645, and COC 
0051646, as generally depicted on the Thomp-
son Divide map as ‘‘Wolf Creek Storage Agree-
ment’’. 
(B) EXCLUSIONS.—The term ‘‘Wolf Creek 
Storage Field development right’’ does not in-
clude any storage right or related activity with-
in the area described in subparagraph (A).
3379 
SEC. 7143. THOMPSON DIVIDE WITHDRAWAL AND PROTEC-
TION AREA. 
(a) WITHDRAWAL.—Subject to valid existing rights, 
the Thompson Divide Withdrawal and Protection Area is 
withdrawn from— 
(1) entry, appropriation, and disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(b) SURVEYS.—The exact acreage and legal descrip-
tion of the Thompson Divide Withdrawal and Protection 
Area shall be determined by surveys approved by the Sec-
retary, in consultation with the Secretary of Agriculture. 
(c) GRAZING.—Nothing in this subtitle affects the ad-
ministration of grazing in the Thompson Divide With-
drawal and Protection Area. 
SEC. 7144. THOMPSON DIVIDE LEASE CREDITS. 
(a) IN GENERAL.—In exchange for the relinquish-
ment by a leaseholder of all Thompson Divide leases of 
the leaseholder, the Secretary may issue to the leaseholder 
credits for any bid, royalty, or rental payment due under 
any Federal oil or gas lease on Federal land in the State, 
in accordance with subsection (b). 
(b) AMOUNT OF CREDITS.—
3380 
(1) IN GENERAL.—Subject to paragraph (2), 
the amount of the credits issued to a leaseholder of 
a Thompson Divide lease relinquished under sub-
section (a) shall— 
(A) be equal to the sum of— 
(i) the amount of the bonus bids paid 
for the applicable Thompson Divide leases; 
(ii) the amount of any rental paid for 
the applicable Thompson Divide leases as 
of the date on which the leaseholder sub-
mits to the Secretary a notice of the deci-
sion to relinquish the applicable Thompson 
Divide leases; and 
(iii) the amount of any reasonable ex-
penses incurred by the leaseholder of the 
applicable Thompson Divide leases in the 
preparation of any drilling permit, sundry 
notice, or other related submission in sup-
port of the development of the applicable 
Thompson Divide leases as of January 28, 
2019, including any expenses relating to 
the preparation of any analysis under the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(B) require the approval of the Secretary.
3381 
(2) EXCLUSION.—The amount of a credit 
issued under subsection (a) shall not include any ex-
penses paid by the leaseholder of a Thompson Divide 
lease for— 
(A) legal fees or related expenses for legal 
work with respect to a Thompson Divide lease; 
or 
(B) any expenses incurred before the 
issuance of a Thompson Divide lease. 
(c) CANCELLATION.—Effective on relinquishment 
under this section, and without any additional action by 
the Secretary, a Thompson Divide lease— 
(1) shall be permanently cancelled; and 
(2) shall not be reissued. 
(d) CONDITIONS.— 
(1) APPLICABLE
LAW.—Except as otherwise 
provided in this section, each exchange under this 
section shall be conducted in accordance with— 
(A) this subtitle; and 
(B) other applicable laws (including regu-
lations). 
(2) ACCEPTANCE OF CREDITS.—The Secretary 
shall accept credits issued under subsection (a) in 
the same manner as cash for the payments described 
in that subsection.
3382 
(3) APPLICABILITY.—The use of a credit issued 
under subsection (a) shall be subject to the laws (in-
cluding regulations) applicable to the payments de-
scribed in that subsection, to the extent that the 
laws are consistent with this section. 
(4) TREATMENT OF CREDITS.—All amounts in 
the form of credits issued under subsection (a) ac-
cepted by the Secretary shall be considered to be 
amounts received for the purposes of— 
(A) section 35 of the Mineral Leasing Act 
(30 U.S.C. 191); and 
(B) section 20 of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1019). 
(e) WOLF CREEK STORAGE FIELD DEVELOPMENT 
RIGHTS.— 
(1) CONVEYANCE TO SECRETARY.—As a condi-
tion precedent to the relinquishment of a Thompson 
Divide lease under this section, any leaseholder with 
a Wolf Creek Storage Field development right shall 
permanently relinquish, transfer, and otherwise con-
vey to the Secretary, in a form acceptable to the 
Secretary, all Wolf Creek Storage Field development 
rights of the leaseholder. 
(2) CREDITS.—
3383 
(A) IN GENERAL.—In consideration for the 
transfer of development rights under paragraph 
(1), the Secretary may issue to a leaseholder 
described in that paragraph credits for any rea-
sonable expenses incurred by the leaseholder in 
acquiring the Wolf Creek Storage Field develop-
ment right or in the preparation of any drilling 
permit, sundry notice, or other related submis-
sion in support of the development right as of 
January 28, 2019, including any reasonable ex-
penses relating to the preparation of any anal-
ysis under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) APPROVAL.—Any credits for a transfer 
of the development rights under paragraph (1), 
shall be subject to— 
(i) the exclusion described in sub-
section (b)(2); 
(ii) the conditions described in sub-
section (d); and 
(iii) the approval of the Secretary. 
(3) LIMITATION OF TRANSFER.—Development 
rights acquired by the Secretary under paragraph 
(1)—
3384 
(A) shall be held for as long as the parent 
leases in the Wolf Creek Storage Field remain 
in effect; and 
(B) shall not be— 
(i) transferred; 
(ii) reissued; or 
(iii) otherwise used for mineral extrac-
tion. 
SEC. 7145. GREATER THOMPSON DIVIDE FUGITIVE COAL 
MINE METHANE USE PILOT PROGRAM. 
(a) FUGITIVE COAL MINE METHANE USE PILOT 
PROGRAM.— 
(1) ESTABLISHMENT.—There is established in 
the Bureau of Land Management a pilot program, 
to be known as the ‘‘Greater Thompson Divide Fu-
gitive Coal Mine Methane Use Pilot Program’’. 
(2) PURPOSE.—The purpose of the pilot pro-
gram is to promote the capture, beneficial use, miti-
gation, and sequestration of fugitive methane emis-
sions— 
(A) to reduce methane emissions; 
(B) to promote economic development; 
(C) to improve air quality; and 
(D) to improve public safety. 
(3) PLAN.—
3385 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall develop a plan— 
(i) to complete an inventory of fugitive 
methane emissions in accordance with sub-
section (b); 
(ii) to provide for the leasing of fugi-
tive methane emissions in accordance with 
subsection (c); and 
(iii) to provide for the capping or de-
struction of fugitive methane emissions in 
accordance with subsection (d). 
(B) COORDINATION.—In developing the 
plan under this paragraph, the Secretary shall 
coordinate with— 
(i) the State; 
(ii) Garfield, Gunnison, Delta, and 
Pitkin Counties in the State; 
(iii) lessees of Federal coal within the 
counties referred to in clause (ii); 
(iv) interested institutions of higher 
education in the State; and 
(v) interested members of the public. 
(b) FUGITIVE METHANE EMISSIONS INVENTORY.—
3386 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall complete an inventory of fugitive methane 
emissions. 
(2) CONDUCT.— 
(A) COLLABORATION.—The Secretary may 
conduct the inventory under paragraph (1) 
through, or in collaboration with— 
(i) the Bureau of Land Management; 
(ii) the United States Geological Sur-
vey; 
(iii) the Environmental Protection 
Agency; 
(iv) the United States Forest Service; 
(v) State departments or agencies; 
(vi) Garfield, Gunnison, Delta, or 
Pitkin County in the State; 
(vii) the Garfield County Federal Min-
eral Lease District; 
(viii) institutions of higher education 
in the State; 
(ix) lessees of Federal coal within a 
county referred to in subparagraph (F); 
(x) the National Oceanic and Atmos-
pheric Administration;
3387 
(xi) the National Center for Atmos-
pheric Research; or 
(xii) other interested entities, includ-
ing members of the public. 
(B) FEDERAL SPLIT ESTATE.— 
(i) IN GENERAL.—In conducting the 
inventory under paragraph (1) for Federal 
minerals on split estate land, the Secretary 
shall rely on available data. 
(ii) LIMITATION.—Nothing in this sec-
tion requires or authorizes the Secretary to 
enter or access private land to conduct the 
inventory under paragraph (1). 
(3) 
CONTENTS.—The 
inventory 
conducted 
under paragraph (1) shall include— 
(A) the general location and geographic co-
ordinates of vents, seeps, or other sources pro-
ducing significant fugitive methane emissions; 
(B) an estimate of the volume and con-
centration of fugitive methane emissions from 
each source of significant fugitive methane 
emissions, including details of measurements 
taken and the basis for that emissions estimate; 
(C) relevant data and other information 
available from—
3388 
(i) 
the 
Environmental 
Protection 
Agency; 
(ii) the Mine Safety and Health Ad-
ministration; 
(iii) the Colorado Department of Nat-
ural Resources; 
(iv) the Colorado Public Utility Com-
mission; 
(v) the Colorado Department of 
Health and Environment; and 
(vi) the Office of Surface Mining Rec-
lamation and Enforcement; and 
(D) such other information as may be use-
ful in advancing the purposes of the pilot pro-
gram. 
(4) PUBLIC PARTICIPATION; DISCLOSURE.— 
(A) PUBLIC
PARTICIPATION.—The Sec-
retary shall, as appropriate, provide opportuni-
ties for public participation in the conduct of 
the inventory under paragraph (1). 
(B) AVAILABILITY.—The Secretary shall 
make the inventory conducted under paragraph 
(1) publicly available.
3389 
(C) DISCLOSURE.—Nothing in this sub-
section requires the Secretary to publicly re-
lease information that— 
(i) poses a threat to public safety; 
(ii) is confidential business informa-
tion; or 
(iii) is otherwise protected from public 
disclosure. 
(5) IMPACT
ON
COAL
MINES
SUBJECT
TO 
LEASE.— 
(A) IN
GENERAL.—For the purposes of 
conducting the inventory under paragraph (1), 
for land subject to a Federal coal lease, the 
Secretary shall use readily available methane 
emissions data. 
(B) EFFECT.—Nothing in this section re-
quires the holder of a Federal coal lease to re-
port additional data or information to the Sec-
retary. 
(6) USE.—The Secretary shall use the inven-
tory conducted under paragraph (1) in carrying 
out— 
(A) the leasing program under subsection 
(c); and
3390 
(B) the capping or destruction of fugitive 
methane emissions under subsection (d). 
(c) FUGITIVE METHANE EMISSIONS LEASING PRO-
GRAM AND SEQUESTRATION.— 
(1) IN
GENERAL.—Subject to valid existing 
rights and in accordance with this section, not later 
than 1 year after the date of completion of the in-
ventory required under subsection (b), the Secretary 
shall carry out a program to encourage the use and 
destruction of fugitive methane emissions. 
(2) FUGITIVE METHANE EMISSIONS FROM COAL 
MINES SUBJECT TO LEASE.— 
(A) IN GENERAL.—The Secretary shall au-
thorize the holder of a valid existing Federal 
coal lease for a mine that is producing fugitive 
methane emissions to capture for use or destroy 
the fugitive methane emissions. 
(B) CONDITIONS.—The authority under 
subparagraph (A) shall be subject to— 
(i) valid existing rights; and 
(ii) such terms and conditions as the 
Secretary may require. 
(C) LIMITATIONS.—The program carried 
out under paragraph (1) shall only include fugi-
3391 
tive methane emissions that can be captured for 
use or destroyed in a manner that does not— 
(i) endanger the safety of any coal 
mine worker; or 
(ii) unreasonably interfere with any 
ongoing operation at a coal mine. 
(D) COOPERATION.— 
(i) IN GENERAL.—The Secretary shall 
work cooperatively with the holders of valid 
existing Federal coal leases for mines that 
produce fugitive methane emissions to en-
courage— 
(I) the capture of fugitive meth-
ane emissions for beneficial use, such 
as generating electrical power, pro-
ducing usable heat, transporting the 
methane to market, or transforming 
the fugitive methane emissions into a 
different marketable material; or 
(II) if the beneficial use of the 
fugitive methane emissions is not fea-
sible, the destruction of the fugitive 
methane emissions. 
(ii) GUIDANCE.—In support of cooper-
ative efforts with holders of valid existing
3392 
Federal coal leases to capture for use or 
destroy fugitive methane emissions, not 
later than 1 year after the date of enact-
ment of this Act, the Secretary shall issue 
guidance to the public for the implementa-
tion of authorities and programs to encour-
age the capture for use and destruction of 
fugitive methane emissions, while mini-
mizing impacts on natural resources or 
other public interest values. 
(E) ROYALTIES.—The Secretary shall de-
termine whether any fugitive methane emissions 
used or destroyed pursuant to this paragraph 
are subject to the payment of a royalty under 
applicable law. 
(3) FUGITIVE METHANE EMISSIONS FROM LAND 
NOT SUBJECT TO A FEDERAL COAL LEASE.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this section, notwithstanding section 
7143 and subject to valid existing rights and 
any other applicable law, the Secretary shall, 
for land not subject to a Federal coal lease— 
(i) authorize the capture for use or 
destruction of fugitive methane emissions; 
and
3393 
(ii) make available for leasing such fu-
gitive methane emissions as the Secretary 
determines to be in the public interest. 
(B) SOURCE.—To the extent practicable, 
the Secretary shall offer for lease, individually 
or in combination, each significant source of fu-
gitive methane emissions on land not subject to 
a Federal coal lease. 
(C) BID QUALIFICATIONS.—A bid to lease 
fugitive methane emissions under this para-
graph shall specify whether the prospective les-
see intends— 
(i) to capture the fugitive methane 
emissions for beneficial use, such as gener-
ating electrical power, producing usable 
heat, transporting the methane to market, 
or transforming the fugitive methane emis-
sions into a different marketable material; 
(ii) to destroy the fugitive methane 
emissions; or 
(iii) to employ a specific combination 
of— 
(I) capturing the fugitive meth-
ane emissions for beneficial use; and
3394 
(II) destroying the fugitive meth-
ane emissions. 
(D) PRIORITY.— 
(i) IN
GENERAL.—If there is more 
than 1 qualified bid for a lease under this 
paragraph, the Secretary shall select the 
bid that the Secretary determines is likely 
to most significantly advance the public in-
terest. 
(ii) 
CONSIDERATIONS.—In 
deter-
mining the public interest under clause (i), 
the Secretary shall take into consider-
ation— 
(I) the overall decrease in the fu-
gitive methane emissions; 
(II) the impacts to other natural 
resource values, including wildlife, 
water, and air; and 
(III) other public interest values, 
including scenic, economic, recreation, 
and cultural values. 
(E) LEASE FORM.— 
(i) IN GENERAL.—The Secretary shall 
develop and provide to prospective bidders
3395 
a lease form for leases issued under this 
paragraph. 
(ii) DUE DILIGENCE.—The lease form 
developed under clause (i) shall include 
terms and conditions requiring the leased 
fugitive methane emissions to be put to 
beneficial use or destroyed by not later 
than 3 years after the date of issuance of 
the lease. 
(F) ROYALTY RATE.—The Secretary shall 
develop a minimum bid, as the Secretary deter-
mines to be necessary, and royalty rate for 
leases under this paragraph. 
(d) SEQUESTRATION.—If, by not later than 4 years 
after the date of completion of the inventory under sub-
section (b), any significant fugitive methane emissions are 
not leased under subsection (c)(3), the Secretary shall, 
subject to the availability of appropriations and in accord-
ance with applicable law, take all reasonable measures— 
(1) to provide incentives for new leases under 
subsection (c)(3); 
(2) to cap those fugitive methane emissions at 
the source in any case in which the cap will result 
in the long-term sequestration of all or a significant 
portion of the fugitive methane emissions; or
3396 
(3) to destroy the fugitive methane emissions, if 
incentivizing leases under paragraph (1) or seques-
tration under paragraph (2) is not feasible, with pri-
ority for locations that destroy the greatest quantity 
of fugitive methane emissions at the lowest cost. 
(e) REPORT TO CONGRESS.—Not later than 4 years 
after the date of enactment of this Act the Secretary shall 
submit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Natural Re-
sources of the House of Representatives a report detail-
ing— 
(1) the economic and environmental impacts of 
the pilot program, including information on in-
creased royalties and estimates of avoided green-
house gas emissions; and 
(2) any recommendations of the Secretary on 
whether the pilot program could be expanded to in-
clude— 
(A) other significant sources of emissions 
of fugitive methane located outside the bound-
aries of the area depicted as ‘‘Fugitive Coal 
Mine Methane Use Pilot Program Area’’ on the 
pilot program map; and
3397 
(B) the leasing of natural methane seeps 
under the activities authorized pursuant to sub-
section (c)(3). 
SEC. 7146. EFFECT. 
Except as expressly provided in this subtitle, nothing 
in this subtitle— 
(1) expands, diminishes, or impairs any valid 
existing mineral leases, mineral interest, or other 
property rights wholly or partially within the 
Thompson Divide Withdrawal and Protection Area, 
including access to the leases, interests, rights, or 
land in accordance with applicable Federal, State, 
and local laws (including regulations); 
(2) prevents the capture of methane from any 
active, inactive, or abandoned coal mine covered by 
this subtitle, in accordance with applicable laws; or 
(3) prevents access to, or the development of, 
any new or existing coal mine or lease in Delta or 
Gunnison County in the State. 
Subtitle D—Curecanti National 
Recreation Area 
SEC. 7151. DEFINITIONS. 
In this subtitle: 
(1) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Curecanti National Recreation Area, Pro-
3398 
posed Boundary’’, numbered 616/100,485D, and 
dated April 25, 2022 . 
(2) NATIONAL RECREATION AREA.—The term 
‘‘National Recreation Area’’ means the Curecanti 
National Recreation Area established by section 
7152(a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 7152. CURECANTI NATIONAL RECREATION AREA. 
(a) ESTABLISHMENT.—Effective beginning on the 
earlier of the date on which the Secretary approves a re-
quest under subsection (c)(2)(B)(i)(I) and the date that 
is 1 year after the date of enactment of this Act, there 
shall be established as a unit of the National Park System 
the Curecanti National Recreation Area, in accordance 
with this subtitle, consisting of approximately 50,300 
acres of land in the State, as generally depicted on the 
map as ‘‘Curecanti National Recreation Area Proposed 
Boundary’’. 
(b) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate of-
fices of the National Park Service. 
(c) ADMINISTRATION.—
3399 
(1) IN GENERAL.—The Secretary shall admin-
ister the National Recreation Area in accordance 
with— 
(A) this subtitle; and 
(B) the laws (including regulations) gen-
erally applicable to units of the National Park 
System, including section 100101(a), chapter 
1003, 
and 
sections 
100751(a), 
100752, 
100753, and 102101 of title 54, United States 
Code. 
(2) DAM, POWER PLANT, AND RESERVOIR MAN-
AGEMENT AND OPERATIONS.— 
(A) IN GENERAL.—Nothing in this subtitle 
affects or interferes with the authority of the 
Secretary— 
(i) to operate the Uncompahgre Valley 
Reclamation Project under the reclamation 
laws; 
(ii) to operate the Wayne N. Aspinall 
Unit of the Colorado River Storage Project 
under the Act of April 11, 1956 (com-
monly known as the ‘‘Colorado River Stor-
age Project Act’’) (43 U.S.C. 620 et seq.); 
or
3400 
(iii) under the Federal Water Project 
Recreation Act (16 U.S.C. 460l–12 et 
seq.). 
(B) RECLAMATION LAND.— 
(i) SUBMISSION OF REQUEST TO RE-
TAIN ADMINISTRATIVE JURISDICTION.—If, 
before the date that is 1 year after the 
date of enactment of this Act, the Commis-
sioner of Reclamation submits to the Sec-
retary a request for the Commissioner of 
Reclamation to retain administrative juris-
diction over the minimum quantity of land 
within the land identified on the map as 
‘‘Lands withdrawn or acquired for Bureau 
of Reclamation projects’’ that the Commis-
sioner of Reclamation identifies as nec-
essary for the effective operation of Bu-
reau of Reclamation water facilities, the 
Secretary may— 
(I) approve, approve with modi-
fications, or disapprove the request; 
and 
(II) if the request is approved 
under subclause (I), make any modi-
fications to the map that are nec-
3401 
essary to reflect that the Commis-
sioner of Reclamation retains manage-
ment authority over the minimum 
quantity of land required to fulfill the 
reclamation mission. 
(ii) TRANSFER OF LAND.— 
(I) IN GENERAL.—Administrative 
jurisdiction over the land identified on 
the map as ‘‘Lands withdrawn or ac-
quired for Bureau of Reclamation 
projects’’, as modified pursuant to 
clause (i)(II), if applicable, shall be 
transferred from the Commissioner of 
Reclamation to the Director of the 
National Park Service by not later 
than the date that is 1 year after the 
date of enactment of this Act. 
(II) ACCESS
TO
TRANSFERRED 
LAND.— 
(aa) IN GENERAL.—Subject 
to item (bb), the Commissioner 
of Reclamation shall retain ac-
cess to the land transferred to 
the Director of the National Park 
Service under subclause (I) for
3402 
reclamation purposes, including 
for the operation, maintenance, 
and expansion or replacement of 
facilities. 
(bb) MEMORANDUM OF UN-
DERSTANDING.—The 
terms 
of 
the access authorized under item 
(aa) shall be determined by a 
memorandum of understanding 
entered into between the Com-
missioner of Reclamation and the 
Director of the National Park 
Service not later than 1 year 
after the date of enactment of 
this Act. 
(3) MANAGEMENT AGREEMENTS.— 
(A) IN
GENERAL.—The Secretary may 
enter into management agreements, or modify 
management agreements in existence on the 
date of enactment of this Act, relating to the 
authority of the Director of the National Park 
Service, the Commissioner of Reclamation, the 
Director of the Bureau of Land Management, 
or the Chief of the Forest Service to manage
3403 
Federal land within or adjacent to the boundary 
of the National Recreation Area. 
(B) STATE
LAND.—The Secretary may 
enter into cooperative management agreements 
for any land administered by the State that is 
within or adjacent to the National Recreation 
Area, in accordance with the cooperative man-
agement authority under section 101703 of title 
54, United States Code. 
(4) RECREATIONAL ACTIVITIES.— 
(A) AUTHORIZATION.—Except as provided 
in subparagraph (B), the Secretary shall allow 
boating, boating-related activities, hunting, and 
fishing in the National Recreation Area in ac-
cordance with applicable Federal and State 
laws. 
(B) CLOSURES; DESIGNATED ZONES.— 
(i) IN GENERAL.—The Secretary, act-
ing through the Superintendent of the Na-
tional Recreation Area, may designate 
zones in which, and establish periods dur-
ing which, no boating, hunting, or fishing 
shall be permitted in the National Recre-
ation Area under subparagraph (A) for
3404 
reasons of public safety, administration, or 
compliance with applicable laws. 
(ii) CONSULTATION
REQUIRED.—Ex-
cept in the case of an emergency, any clo-
sure proposed by the Secretary under 
clause (i) shall not take effect until after 
the date on which the Superintendent of 
the National Recreation Area consults 
with— 
(I) the appropriate State agency 
responsible for hunting and fishing 
activities; and 
(II) the Board of County Com-
missioners in each county in which 
the zone is proposed to be designated. 
(5) LANDOWNER ASSISTANCE.—On the written 
request of an individual that owns private land lo-
cated within the area generally depicted as ‘‘Con-
servation Opportunity Area’’ on the map entitled 
‘‘Preferred Alternative’’ in the document entitled 
‘‘Report to Congress: Curecanti Special Resource 
Study’’ and dated June 2009, the Secretary may 
work in partnership with the individual to enhance 
the long-term conservation of natural, cultural, rec-
3405 
reational, and scenic resources in and around the 
National Recreation Area— 
(A) by acquiring all or a portion of the pri-
vate land or interests in private land within the 
Conservation Opportunity Area by purchase, ex-
change, or donation, in accordance with section 
7153; 
(B) by providing technical assistance to the 
individual, including cooperative assistance; 
(C) through available grant programs; and 
(D) by supporting conservation easement 
opportunities. 
(6) INCORPORATION OF ACQUIRED LAND AND 
INTERESTS.—Any land or interest in land acquired 
by the United States under paragraph (5) shall— 
(A) become part of the National Recre-
ation Area; and 
(B) be managed in accordance with this 
subtitle. 
(7) WITHDRAWAL.—Subject to valid existing 
rights, all Federal land within the National Recre-
ation Area, including land acquired pursuant to this 
section, is withdrawn from— 
(A) entry, appropriation, and disposal 
under the public land laws;
3406 
(B) location, entry, and patent under the 
mining laws; and 
(C) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws. 
(8) GRAZING.— 
(A) STATE
LAND
SUBJECT
TO
A
STATE 
GRAZING LEASE.— 
(i) IN GENERAL.—If State land ac-
quired under this subtitle is subject to a 
State grazing lease in effect on the date of 
acquisition, the Secretary shall allow the 
grazing to continue for the remainder of 
the term of the lease, subject to the related 
terms and conditions of user agreements, 
including permitted stocking rates, grazing 
fee levels, access rights, and ownership and 
use of range improvements. 
(ii) ACCESS.—A lessee of State land 
may continue to use established routes 
within the National Recreation Area to ac-
cess State land for purposes of admin-
istering the lease if the use was permitted 
before the date of enactment of this Act, 
subject to such terms and conditions as the 
Secretary may require.
3407 
(B) STATE AND PRIVATE LAND.—The Sec-
retary may, in accordance with applicable laws, 
authorize grazing on land acquired from the 
State or private landowners under section 7153, 
if grazing was established before the date of ac-
quisition. 
(C) PRIVATE LAND.—On private land ac-
quired under section 7153 for the National 
Recreation Area on which authorized grazing is 
occurring before the date of enactment of this 
Act, the Secretary, in consultation with the les-
see, may allow the continuation and renewal of 
grazing on the land based on the terms of ac-
quisition or by agreement between the Secretary 
and the lessee, subject to applicable law (includ-
ing regulations). 
(D) 
FEDERAL
LAND.—The 
Secretary 
shall— 
(i) allow, consistent with the grazing 
leases, uses, and practices in effect as of 
the date of enactment of this Act, the con-
tinuation and renewal of grazing on Fed-
eral land located within the boundary of 
the National Recreation Area on which 
grazing is allowed before the date of enact-
3408 
ment of this Act, unless the Secretary de-
termines that grazing on the Federal land 
would present unacceptable impacts (as de-
fined in section 1.4.7.1 of the National 
Park Service document entitled ‘‘Manage-
ment Policies 2006: The Guide to Man-
aging the National Park System’’) to the 
natural, cultural, recreational, and scenic 
resource values and the character of the 
land within the National Recreation Area; 
and 
(ii) retain all authorities to manage 
grazing in the National Recreation Area. 
(E) TERMINATION
OF
LEASES.—Within 
the National Recreation Area, the Secretary 
may— 
(i) accept the voluntary termination of 
a lease or permit for grazing; or 
(ii) in the case of a lease or permit va-
cated for a period of 3 or more years, ter-
minate the lease or permit. 
(9) WATER RIGHTS.—Nothing in this subtitle— 
(A) affects any use or allocation in exist-
ence on the date of enactment of this Act of 
any water, water right, or interest in water;
3409 
(B) affects any vested absolute or decreed 
conditional water right in existence on the date 
of enactment of this Act, including any water 
right held by the United States; 
(C) affects any interstate water compact in 
existence on the date of enactment of this Act; 
(D) shall be considered to be a relinquish-
ment or reduction of any water right reserved 
or appropriated by the United States in the 
State on or before the date of enactment of this 
Act; or 
(E) constitutes an express or implied Fed-
eral reservation of any water or water rights 
with respect to the National Recreation Area. 
(10) FISHING EASEMENTS.— 
(A) IN GENERAL.—Nothing in this subtitle 
diminishes or alters the fish and wildlife pro-
gram for the Aspinall Unit developed under sec-
tion 8 of the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project 
Act’’) (70 Stat. 110, chapter 203; 43 U.S.C. 
620g), by the United States Fish and Wildlife 
Service, the Bureau of Reclamation, and the 
Colorado Division of Wildlife (including any 
successor in interest to that division) that pro-
3410 
vides for the acquisition of public access fishing 
easements as mitigation for the Aspinall Unit 
(referred to in this paragraph as the ‘‘pro-
gram’’). 
(B) 
ACQUISITION
OF
FISHING
EASE-
MENTS.—The Secretary shall continue to fulfill 
the obligation of the Secretary under the pro-
gram to acquire 26 miles of class 1 public fish-
ing easements to provide to sportsmen access 
for fishing within the Upper Gunnison Basin 
upstream of the Aspinall Unit, subject to the 
condition that no existing fishing access down-
stream of the Aspinall Unit shall be counted to-
ward the minimum mileage requirement under 
the program. 
(C) PLAN.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall develop a plan for fulfilling the obligation 
of the Secretary described in subparagraph (B) 
by the date that is 10 years after the date of 
enactment of this Act. 
(D) REPORTS.—Not later than each of 2 
years, 5 years, and 8 years after the date of en-
actment of this Act, the Secretary shall submit 
to Congress a report that describes the progress
3411 
made in fulfilling the obligation of the Secretary 
described in subparagraph (B). 
(d) TRIBAL RIGHTS AND USES.— 
(1) TREATY RIGHTS.—Nothing in this subtitle 
affects the treaty rights of any Indian Tribe. 
(2) TRADITIONAL
TRIBAL
USES.—Subject to 
any terms and conditions as the Secretary deter-
mines to be necessary and in accordance with appli-
cable law, the Secretary shall allow for the continued 
use of the National Recreation Area by members of 
Indian Tribes— 
(A) for traditional ceremonies; and 
(B) as a source of traditional plants and 
other materials. 
SEC. 7153. ACQUISITION OF LAND; BOUNDARY MANAGE-
MENT. 
(a) ACQUISITION.— 
(1) IN GENERAL.—The Secretary may acquire 
any land or interest in land within the boundary of 
the National Recreation Area. 
(2) MANNER OF ACQUISITION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), land described in paragraph (1) may 
be acquired under this subsection by— 
(i) donation;
3412 
(ii) purchase from willing sellers with 
donated or appropriated funds; 
(iii) transfer from another Federal 
agency; or 
(iv) exchange. 
(B) STATE LAND.—Land or interests in 
land owned by the State or a political subdivi-
sion of the State may only be acquired by pur-
chase, donation, or exchange. 
(b) TRANSFER
OF
ADMINISTRATIVE
JURISDIC-
TION.— 
(1) FOREST SERVICE LAND.— 
(A) IN GENERAL.—Administrative jurisdic-
tion over the approximately 2,500 acres of land 
identified on the map as ‘‘U.S. Forest Service 
proposed transfer to the National Park Service’’ 
is transferred to the Secretary, to be adminis-
tered by the Director of the National Park 
Service as part of the National Recreation 
Area. 
(B) 
BOUNDARY
ADJUSTMENT.—The 
boundary of the Gunnison National Forest shall 
be adjusted to exclude the land transferred to 
the Secretary under subparagraph (A).
3413 
(2) BUREAU OF LAND MANAGEMENT LAND.— 
Administrative jurisdiction over the approximately 
6,100 acres of land identified on the map as ‘‘Bu-
reau of Land Management proposed transfer to Na-
tional Park Service’’ is transferred from the Director 
of the Bureau of Land Management to the Director 
of the National Park Service, to be administered as 
part of the National Recreation Area. 
(3) WITHDRAWAL.—Administrative jurisdiction 
over the land identified on the map as ‘‘Proposed for 
transfer to the Bureau of Land Management, sub-
ject to the revocation of Bureau of Reclamation 
withdrawal’’ shall be transferred to the Director of 
the Bureau of Land Management on relinquishment 
of the land by the Bureau of Reclamation and rev-
ocation by the Bureau of Land Management of any 
withdrawal as may be necessary. 
(c) POTENTIAL LAND EXCHANGE.— 
(1) IN GENERAL.—The withdrawal for reclama-
tion purposes of the land identified on the map as 
‘‘Potential exchange lands’’ shall be relinquished by 
the Commissioner of Reclamation and revoked by 
the Director of the Bureau of Land Management 
and the land shall be transferred to the National 
Park Service.
3414 
(2) 
EXCHANGE; 
INCLUSION
IN
NATIONAL 
RECREATION
AREA.—On transfer of the land de-
scribed in paragraph (1), the transferred land— 
(A) may be exchanged by the Secretary for 
private land described in section 7152(c)(5)— 
(i) subject to a conservation easement 
remaining on the transferred land, to pro-
tect the scenic resources of the transferred 
land; and 
(ii) in accordance with the laws (in-
cluding regulations) and policies governing 
National Park Service land exchanges; and 
(B) if not exchanged under subparagraph 
(A), shall be added to, and managed as a part 
of, the National Recreation Area. 
(d) ADDITION TO NATIONAL RECREATION AREA.— 
Any land within the boundary of the National Recreation 
Area that is acquired by the United States shall be added 
to, and managed as a part of, the National Recreation 
Area. 
SEC. 7154. GENERAL MANAGEMENT PLAN. 
Not later than 3 years after the date on which funds 
are made available to carry out this subtitle, the Director 
of the National Park Service, in consultation with the 
Commissioner of Reclamation, shall prepare a general
3415 
management plan for the National Recreation Area in ac-
cordance with section 100502 of title 54, United States 
Code. 
SEC. 7155. BOUNDARY SURVEY. 
The Secretary (acting through the Director of the 
National Park Service) shall prepare a boundary survey 
and legal description of the National Recreation Area. 
Subtitle E—Grand Canyon 
Protection 
SEC. 7161. WITHDRAWAL OF CERTAIN FEDERAL LAND IN 
THE STATE OF ARIZONA. 
(a) DEFINITION OF MAP.—In this section, the term 
‘‘Map’’ means the map prepared by the Bureau of Land 
Management entitled ‘‘Grand Canyon Protection Act’’ and 
dated January 22, 2021. 
(b) WITHDRAWAL.—Subject to valid existing rights, 
the approximately 1,006,545 acres of Federal land in the 
State of Arizona, generally depicted on the Map as ‘‘Fed-
eral Mineral Estate to be Withdrawn’’, including any land 
or interest in land that is acquired by the United States 
after the date of the enactment of this subtitle, are hereby 
withdrawn from— 
(1) all forms of entry, appropriation, and dis-
posal under the public land laws;
3416 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(c) AVAILABILITY OF MAP.—The Map shall be kept 
on file and made available for public inspection in the ap-
propriate offices of the Forest Service and the Bureau of 
Land Management. 
DIVISION G—DON YOUNG COAST 
GUARD AUTHORIZATION ACT 
OF 2022 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Don Young Coast Guard Authorization Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION G—DON YOUNG COAST GUARD AUTHORIZATION ACT OF 
2022 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
Sec. 103. Shoreside infrastructure and facilities. 
Sec. 104. Availability of amounts for acquisition of additional cutters. 
TITLE II—COAST GUARD 
Subtitle A—Military Personnel Matters 
Sec. 201. Authorized strength. 
Sec. 202. Continuation of officers with certain critical skills on active duty. 
Sec. 203. Number and distribution of officers on active duty promotion list. 
Sec. 204. Coast Guard behavioral health policy. 
Sec. 205. Improving representation of women and of racial and ethnic minori-
ties among Coast Guard active-duty members.
3417 
Subtitle B—Operational Matters 
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness through 
condition-based maintenance. 
Sec. 207. Unmanned systems strategy. 
Sec. 208. Budgeting of Coast Guard relating to certain operations. 
Sec. 209. Report on San Diego maritime domain awareness. 
Sec. 210. Great Lakes winter shipping. 
Sec. 211. Center of expertise for Great Lakes oil spill search and response. 
Sec. 212. Study on laydown of Coast Guard cutters. 
Subtitle C—Other Matters 
Sec. 213. Responses of Commandant of the Coast Guard to safety rec-
ommendations. 
Sec. 214. Conveyance of Coast Guard vessels for public purposes. 
Sec. 215. Acquisition life-cycle cost estimates. 
Sec. 216. National Coast Guard Museum funding plan. 
Sec. 217. Report on Coast Guard explosive ordnance disposal. 
Sec. 218. Pribilof Island transition completion actions. 
Sec. 219. Notification of communication outages. 
TITLE III—MARITIME 
Subtitle A—Shipping 
Sec. 301. Nonoperating individual. 
Sec. 302. Oceanographic research vessels. 
Sec. 303. Atlantic Coast port access routes briefing. 
Subtitle B—Vessel Safety 
Sec. 304. Fishing vessel safety. 
Sec. 305. Requirements for DUKW-type amphibious passenger vessels. 
Sec. 306. Exoneration and limitation of liability for small passengers vessels. 
Sec. 307. Automatic identification system requirements. 
Subtitle C—Shipbuilding Program 
Sec. 308. Qualified vessel. 
Sec. 309. Establishing a capital construction fund. 
TITLE IV—FEDERAL MARITIME COMMISSION 
Sec. 401. Terms and vacancies. 
TITLE V—MISCELLANEOUS 
Subtitle A—Navigation 
Sec. 501. Restriction on changing salvors. 
Sec. 502. Providing requirements for vessels anchored in established anchorage 
grounds. 
Sec. 503. Aquatic Nuisance Species Task Force. 
Sec. 504. Limitation on recovery for certain injuries incurred in aquaculture ac-
tivities. 
Subtitle B—Other Matters
3418 
Sec. 505. Information on type approval certificates. 
Sec. 506. Passenger vessel security and safety requirements. 
Sec. 507. Cargo waiting time reduction. 
Sec. 508. Limited indemnity provisions in standby oil spill response contracts. 
Sec. 509. Port Coordination Council for Point Spencer. 
Sec. 510. Western Alaska oil spill planning criteria. 
Sec. 511. Nonapplicability. 
Sec. 512. Report on enforcement of coastwise laws. 
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California. 
Sec. 514. Center of Expertise for Marine Environmental Response. 
Sec. 515. Prohibition on entry and operation. 
Sec. 516. St. Lucie River railroad bridge. 
Sec. 517. Assistance related to marine mammals. 
Sec. 518. Manning and crewing requirements for certain vessels, vehicles, and 
structures. 
TITLE VI—SEXUAL ASSAULT AND SEXUAL HARASSMENT 
PREVENTION AND RESPONSE 
Sec. 601. Definitions. 
Sec. 602. Convicted sex offender as grounds for denial. 
Sec. 603. Sexual harassment or sexual assault as grounds for suspension or 
revocation. 
Sec. 604. Accommodation; notices. 
Sec. 605. Protection against discrimination. 
Sec. 606. Alcohol prohibition. 
Sec. 607. Surveillance requirements. 
Sec. 608. Master key control. 
Sec. 609. Safety management systems. 
Sec. 610. Requirement to report sexual assault and harassment. 
Sec. 611. Civil actions for personal injury or death of seamen. 
Sec. 612. Administration of sexual assault forensic examination kits. 
TITLE VII—TECHNICAL AND CONFORMING PROVISIONS 
Sec. 701. Technical corrections. 
Sec. 702. Transportation worker identification credential technical amend-
ments. 
Sec. 703. Reinstatement. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Section 4902 of title 14, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘years 2020 and 2021’’ and inserting 
‘‘years 2022 and 2023’’; 
(2) in paragraph (1)—
3419 
(A) in subparagraph (A)— 
(i) by striking ‘‘$8,151,620,850 for 
fiscal 
year 
2020’’ 
and 
inserting 
‘‘$9,282,360,000 for fiscal year 2022’’; 
and 
(ii) by striking ‘‘$8,396,169,475 for 
fiscal 
year 
2021’’ 
and 
inserting 
‘‘$10,210,596,000 for fiscal year 2023’’; 
(B) in subparagraph (B) by striking 
‘‘$17,035,000’’ and inserting ‘‘$17,723,520’’; 
and 
(C) in subparagraph (C) by striking 
‘‘$17,376,000’’ and inserting ‘‘$18,077,990’’; 
(3) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘$2,794,745,000 for 
fiscal 
year 
2020’’ 
and 
inserting 
‘‘$3,312,114,000 for fiscal year 2022’’; 
and 
(ii) by striking ‘‘$3,312,114,000 for 
fiscal 
year 
2021’’ 
and 
inserting 
‘‘$3,477,600,000 for fiscal year 2023’’; 
and 
(B) in subparagraph (B)—
3420 
(i) by striking ‘‘$10,000,000 for fiscal 
year 2020’’ and inserting ‘‘$20,400,000 for 
fiscal year 2022’’; and 
(ii) by striking ‘‘$20,000,000 for fis-
cal year 2021’’ and inserting ‘‘$20,808,000 
for fiscal year 2023’’; 
(4) in paragraph (3)— 
(A) by striking ‘‘$13,834,000 for fiscal 
year 2020’’ and inserting ‘‘$14,393,220 for fis-
cal year 2022’’; and 
(B) by striking ‘‘$14,111,000 for fiscal 
year 2021’’ and inserting ‘‘$14,681,084 for fis-
cal year 2023’’; and 
(5) in paragraph (4)— 
(A) by striking ‘‘$205,107,000 for fiscal 
year 2020’’ and inserting ‘‘$213,393,180 for 
fiscal year 2022’’; and 
(B) by striking ‘‘$209,209,000 for fiscal 
year 2021’’ and inserting ‘‘$217,661,044 for 
fiscal year 2023’’. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
Section 4904 of title 14, United States Code, is 
amended—
3421 
(1) in subsection (a) by striking ‘‘fiscal years 
2020 and 2021’’ and inserting ‘‘fiscal years 2022 
and 2023’’; and 
(2) in subsection (b) by striking ‘‘fiscal years 
2020 and 2021’’ and inserting ‘‘fiscal years 2022 
and 2023’’. 
SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES. 
(a) IN GENERAL.—Of the amounts authorized to be 
appropriated under section 4902(2)(A) of title 14, United 
States Code, for each of fiscal years 2022 and 2023, up 
to $585,000,000 shall be authorized for the Secretary of 
the department in which the Coast Guard is operating to 
fund the acquisition, construction, rebuilding, or improve-
ment of Coast Guard shoreside infrastructure and facili-
ties necessary to support Coast Guard operations and 
readiness. 
(b) BALTIMORE
COAST
GUARD
YARD.—Of the 
amounts set aside under subsection (a), up to 
$175,000,000 shall be authorized to improve facilities at 
the Coast Guard Yard in Baltimore, Maryland, including 
improvements to piers and wharves, dry dock, capital 
equipment utilities, or dredging necessary to facilitate ac-
cess to such Yard. 
(c) TRAINING CENTER CAPE MAY.—Of the amounts 
set aside under subsection (a), up to $60,000,000 shall
3422 
be authorized to fund Phase I, in fiscal year 2022, and 
Phase II, in fiscal year 2023, for the recapitalization of 
the barracks at the United States Coast Guard Training 
Center Cape May in Cape May, New Jersey. 
(d) MITIGATION OF HAZARD RISKS.—In carrying out 
projects with funds authorized under this section, the 
Coast Guard shall mitigate, to the greatest extent prac-
ticable, natural hazard risks identified in any Shore Infra-
structure Vulnerability Assessment for Phase I related to 
such projects. 
(e) FORT
WADSWORTH, NEW
YORK.—Of the 
amounts set aside under subsection (a), up to $1,200,000 
shall be authorized to fund a construction project to— 
(1) complete repairs to the United States Coast 
Guard Station, New York, waterfront, including re-
pairs to the concrete pier; and 
(2) replace floating piers Alpha and Bravo, the 
South Breakwater and Ice Screen, the North Break-
water and Ice Screen, and the seawall. 
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 
ADDITIONAL CUTTERS. 
(a) IN GENERAL.—Of the amounts authorized to be 
appropriated under—
3423 
(1) section 4902(2)(A)(i) of title 14, United 
States Code, as amended by section 101 of this title, 
for fiscal year 2022; 
(A) $300,000,000 shall be authorized for 
the acquisition of a twelfth National Security 
Cutter; and 
(B) $210,000,000 shall be authorized for 
the acquisition of 3 Fast Response Cutters; and 
(2) section 4902(2)(A)(ii) of title 14, United 
States Code, as amended by section 101 of this title, 
for fiscal year 2023; 
(A) $300,000,000 shall be authorized for 
the acquisition of a twelfth National Security 
Cutter; and 
(B) $210,000,000 shall be authorized for 
the acquisition of 3 Fast Response Cutters. 
(b) TREATMENT OF ACQUIRED CUTTER.—Any cutter 
acquired using amounts authorized under subsection (a) 
shall be in addition to the National Security Cutters and 
Fast Response Cutters approved under the existing acqui-
sition baseline in the program of record for the National 
Security Cutter and Fast Response Cutter. 
(c) GREAT LAKES ICEBREAKER ACQUISITION.—Of 
the amounts authorized to be appropriated under section 
4902(2)(A)(ii) of title 14, United States Code—
3424 
(1) for fiscal year 2022, $350,000,000 shall be 
authorized for the acquisition of a Great Lakes ice-
breaker at least as capable as Coast Guard Cutter 
Mackinaw (WLBB–30); and 
(2) for fiscal year 2023, $20,000,000 shall be 
authorized 
for 
the 
design 
and 
selection 
of 
icebreaking cutters for operation in the Great Lakes, 
the Northeastern United States, and the Arctic, as 
appropriate, that are at least as capable as the 
Coast Guard 140-foot icebreaking tugs. 
(d) DRUG
AND MIGRANT INTERDICTION.—Of the 
Fast Response Cutters authorized for acquisition under 
subsection (a), at least 1 shall be used for drug and mi-
grant interdiction in the Caribbean Basin (including the 
Gulf of Mexico). 
TITLE II—COAST GUARD 
Subtitle A—Military Personnel 
Matters 
SEC. 201. AUTHORIZED STRENGTH. 
Section 3702 of title 14, United States Code, is 
amended by adding at the end the following: 
‘‘(c) The Secretary may vary the authorized end 
strength of the Coast Guard Selected Reserves for a fiscal 
year by a number equal to not more than 3 percent of 
such end strength upon a determination by the Secretary
3425 
that varying such authorized end strength is in the na-
tional interest. 
‘‘(d) The Commandant may increase the authorized 
end strength of the Coast Guard Selected Reserves by a 
number equal to not more than 2 percent of such author-
ized end strength upon a determination by the Com-
mandant that such increase would enhance manning and 
readiness in essential units or in critical specialties or rat-
ings.’’. 
SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN 
CRITICAL SKILLS ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 21 of title 14, United 
States Code, is amended by inserting after section 2165 
the following: 
‘‘§ 2166. Continuation on active duty; Coast Guard of-
ficers with certain critical skills 
‘‘(a) IN GENERAL.—The Commandant may authorize 
an officer in a grade above grade O–2 to remain on active 
duty after the date otherwise provided for the retirement 
of such officer in section 2154 of this title, if the officer 
possesses a critical skill, or specialty, or is in a career field 
designated pursuant to subsection (b). 
‘‘(b) CRITICAL SKILLS, SPECIALTY, OR CAREER 
FIELD.—The Commandant shall designate any critical
3426 
skill, specialty, or career field eligible for continuation on 
active duty as provided in subsection (a). 
‘‘(c) DURATION OF CONTINUATION.—An officer con-
tinued on active duty pursuant to this section shall, if not 
earlier retired, be retired on the first day of the month 
after the month in which the officer completes 40 years 
of active service. 
‘‘(d) POLICY.—The Commandant shall carry out this 
section by prescribing policy which shall specify the cri-
teria to be used in designating any critical skill, specialty, 
or career field for purposes of subsection (b).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 21 of title 14, United States Code, is amended by in-
serting after the item relating to section 2165 the fol-
lowing: 
‘‘2166. Continuation on active duty; Coast Guard officers with certain critical 
skills.’’. 
SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON 
ACTIVE DUTY PROMOTION LIST. 
(a) MAXIMUM
NUMBER
OF
OFFICERS.—Section 
2103(a) of title 14, United States Code, is amended to 
read as follows: 
‘‘(a) MAXIMUM TOTAL NUMBER.— 
‘‘(1) IN GENERAL.—The total number of Coast 
Guard commissioned officers on the active duty pro-
3427 
motion list, excluding warrant officers, shall not ex-
ceed— 
‘‘(A) 7,100 in fiscal year 2022; 
‘‘(B) 7,200 in fiscal year 2023; 
‘‘(C) 7,300 in fiscal year 2024; and 
‘‘(D) 7,400 in fiscal year 2025 and each 
subsequent fiscal year. 
‘‘(2) TEMPORARY INCREASE.—Notwithstanding 
paragraph (1), the Commandant may temporarily 
increase the total number of commissioned officers 
permitted under such paragraph by up to 2 percent 
for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class. 
‘‘(3) NOTIFICATION.—Not later than 30 days 
after exceeding the total number of commissioned of-
ficers permitted under paragraph (1), and each 30 
days thereafter until the total number of commis-
sioned officers no longer exceeds the number of such 
officers permitted under paragraph (1), the Com-
mandant shall notify the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate of the number of 
officers on the active duty promotion list on the last 
day of the preceding 30-day period.’’.
3428 
(b) OFFICERS NOT ON ACTIVE DUTY PROMOTION 
LIST.— 
(1) IN
GENERAL.—Chapter 51 of title 14, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 5113. Officers not on active duty promotion list 
‘‘Not later than 60 days after the date on which the 
President submits to Congress a budget pursuant to sec-
tion 1105 of title 31, the Commandant shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate the 
number of Coast Guard officers serving at other Federal 
entities on a reimbursable basis but not on the active duty 
promotion list.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 51 of title 14, United States Code, is 
amended by adding at the end the following: 
‘‘5113. Officers not on active duty promotion list.’’. 
SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY. 
(a) INTERIM BEHAVIORAL HEALTH POLICY.—Not 
later than 60 days after the date of enactment of this Act, 
the Commandant of the Coast Guard shall establish an 
interim behavioral health policy for members of the Coast 
Guard equivalent to the policy described in section 5.28 
(relating to behavioral health) of Department of Defense
3429 
Instruction 6130.03, volume 2, ‘‘Medical Standards for 
Military Service: Retention’’. 
(b) TERMINATION.—The interim policy established 
under subsection (a) shall remain in effect until the date 
on which the Commandant issues a permanent behavior 
health policy for members of the Coast Guard which is, 
to the extent practicable, equivalent to such section 5.28. 
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND 
OF RACIAL AND ETHNIC MINORITIES AMONG 
COAST GUARD ACTIVE-DUTY MEMBERS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall— 
(1) determine which recommendations in the 
RAND representation report can practicably be im-
plemented to promote improved representation in the 
Coast Guard of— 
(A) women; and 
(B) racial and ethnic minorities; and 
(2) submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the actions 
the Commandant has taken, or plans to take, to im-
plement such recommendations.
3430 
(b) 
CURRICULUM
AND
TRAINING.—The 
Com-
mandant shall update, to reflect actions described under 
subsection (a)(2), the curriculum and training materials 
used at— 
(1) officer accession points, including the Coast 
Guard Academy and the Leadership Development 
Center; 
(2) enlisted member accession at the United 
States Coast Guard Training Center Cape May in 
Cape May, New Jersey; and 
(3) the officer, enlisted member, and civilian 
leadership courses managed by the Leadership De-
velopment Center. 
(c) DEFINITION.—In this section, the term ‘‘RAND 
representation report’’ means the report titled ‘‘Improving 
the Representation of Women and Racial/Ethnic Minori-
ties Among U.S. Coast Guard Active-Duty Members’’ 
issued by the Homeland Security Operational Analysis 
Center of the RAND Corporation on August 11, 2021. 
Subtitle B—Operational Matters 
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD 
CUTTER READINESS THROUGH CONDITION- 
BASED MAINTENANCE. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Commandant of the
3431 
Coast Guard shall conduct a pilot project to enhance cut-
ter readiness and reduce lost patrol days through the de-
ployment of commercially developed condition-based pro-
gram standards for cutter maintenance, in accordance 
with the criteria set forth in subsection (b). 
(b) CRITERIA FOR CONDITION-BASED MAINTENANCE 
EVALUATION.—In conducting the pilot project under sub-
section (a), the Commandant shall— 
(1) select at least 1 legacy cutter asset and 1 
class of cutters under construction with respect to 
which the application of the pilot project would en-
hance readiness; 
(2) use commercially developed condition-based 
program standards similar to those applicable to pri-
vately owned and operated vessels or vessels owned 
or operated by other Federal agencies (such as those 
currently operating under the direction of Military 
Sealift Command); 
(3) create and model a full ship digital twin for 
the cutters selected under paragraph (1); 
(4) install or modify instrumentation capable of 
producing full hull, mechanical, and electrical data 
necessary to analyze cutter operational conditions 
with active maintenance alerts; and
3432 
(5) deploy artificial intelligence, prognostic- 
based integrated maintenance planning modeled 
after standards described in paragraph (2). 
(c) REPORT TO CONGRESS.—The Commandant shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives— 
(1) an interim report not later than 6 months 
after the date of enactment of this Act on the 
progress in carrying out the pilot project described 
in subsection (a); and 
(2) a final report not later than 2 years after 
the date of enactment of this Act on the results of 
the pilot project described in subsection (a) that in-
cludes— 
(A) options to integrate commercially de-
veloped condition-based program standards for 
cutter maintenance to Coast Guard cutters; and 
(B) plans to deploy commercially developed 
condition-based program standards for cutter 
maintenance to Coast Guard cutters. 
SEC. 207. UNMANNED SYSTEMS STRATEGY. 
(a) SUBMISSION TO CONGRESS.—Not later than 180 
days after the date of enactment of this Act, the Com-
3433 
mandant of the Coast Guard shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a detailed de-
scription of the strategy of the Coast Guard to implement 
unmanned systems across mission areas, including— 
(1) the steps taken to implement actions rec-
ommended in the consensus study report of the Na-
tional Academies of Sciences, Engineering, and Med-
icine published on November 12, 2020, titled 
‘‘Leveraging Unmanned Systems for Coast Guard 
Missions: A Strategic Imperative’’; 
(2) the strategic goals and acquisition strategies 
for proposed uses and procurements of unmanned 
systems; 
(3) a strategy to sustain competition and inno-
vation for procurement of unmanned systems and 
services for the Coast Guard, including defining op-
portunities for new and existing technologies; and 
(4) an estimate of the timeline, costs, staff re-
sources, technology, or other resources necessary to 
accomplish the strategy. 
(b) PILOT PROJECT.— 
(1) AUTONOMOUS CONTROL AND COMPUTER VI-
SION TECHNOLOGY.—The Commandant of the Coast
3434 
Guard, acting through the Blue Technology Center 
of Expertise, shall conduct a pilot project to retrofit 
an existing Coast Guard small boat with— 
(A) commercially available autonomous 
control and computer vision technology; and 
(B) such sensors and methods of commu-
nication as are necessary to demonstrate the 
ability of such control and technology to assist 
in conducting search and rescue, surveillance, 
and interdiction missions. 
(2) COLLECTION OF DATA.—The pilot project 
under paragraph (1) shall evaluate commercially 
available products in the field and collect operational 
data to inform future requirements. 
(3) BRIEFING.—Not later than 6 months after 
completing the pilot project required under para-
graph (1), the Commandant shall brief the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
commerce, Science, and Transportation of the Sen-
ate on the evaluation of the data derived from the 
project.
3435 
SEC. 208. BUDGETING OF COAST GUARD RELATING TO CER-
TAIN OPERATIONS. 
(a) IN GENERAL.—Chapter 51 of title 14, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 5114. Expenses of performing and executing de-
fense readiness mission activities 
‘‘The Commandant of the Coast Guard shall include 
in the annual budget submission of the President under 
section 1105(a) of title 31, a dedicated budget line item 
that adequately represents a calculation of the annual 
costs and expenditures of performing and executing all de-
fense readiness mission activities, including— 
‘‘(1) all expenses related to the Coast Guard’s 
coordination, training, and execution of defense 
readiness mission activities in the Coast Guard’s ca-
pacity as an Armed Force (as such term is defined 
in section 101 of title 10) in support of Department 
of Defense national security operations and activities 
or for any other military department or defense 
agency (as such terms are defined in such section); 
‘‘(2) costs associated with Coast Guard detach-
ments assigned in support of the Coast Guard’s de-
fense readiness mission; and
3436 
‘‘(3) any other expenses, costs, or matters the 
Commandant determines appropriate or otherwise of 
interest to Congress.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 51 of title 14, United States Code, is further amended 
by adding at the end the following: 
‘‘5114. Expenses of performing and executing defense readiness mission activi-
ties.’’. 
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN 
AWARENESS. 
Not later than 180 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) an overview of the maritime domain aware-
ness in the area of responsibility of the Coast Guard 
sector responsible for San Diego, California, includ-
ing— 
(A) the average volume of known maritime 
traffic that transited the area during fiscal 
years 2020 through 2022; 
(B) current sensor platforms deployed by 
such sector to monitor illicit activity occurring 
at sea in such area;
3437 
(C) the number of illicit activity incidents 
at sea in such area that the sector responded to 
during fiscal years 2020 through 2022; 
(D) an estimate of the volume of traffic 
engaged in illicit activity at sea in such area 
and the type and description of any vessels used 
to carry out illicit activities that such sector re-
sponded to during fiscal years 2020 through 
2022; and 
(E) the maritime domain awareness re-
quirements to effectively meet the mission of 
such sector; 
(2) a description of current actions taken by the 
Coast Guard to partner with Federal, regional, 
State, and local entities to meet the maritime do-
main awareness needs of such area; 
(3) a description of any gaps in maritime do-
main awareness within the area of responsibility of 
such sector resulting from an inability to meet the 
enduring maritime domain awareness requirements 
of the sector or adequately respond to maritime dis-
order; 
(4) an identification of current technology and 
assets the Coast Guard has to mitigate the gaps 
identified in paragraph (3);
3438 
(5) an identification of capabilities needed to 
mitigate such gaps, including any capabilities the 
Coast Guard currently possesses that can be de-
ployed to the sector; 
(6) an identification of technology and assets 
the Coast Guard does not currently possess and are 
needed to acquire in order to address such gaps; and 
(7) an identification of any financial obstacles 
that prevent the Coast Guard from deploying exist-
ing commercially available sensor technology to ad-
dress such gaps. 
SEC. 210. GREAT LAKES WINTER SHIPPING. 
(a) GREAT LAKES ICEBREAKING OPERATIONS.— 
(1) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the 
Comptroller General of the United States shall 
submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives a re-
port on Coast Guard icebreaking in the Great 
Lakes.
3439 
(B) 
ELEMENTS.—The 
report 
required 
under subparagraph (A) shall— 
(i) evaluate— 
(I) the economic impact related 
to vessel delays or cancellations asso-
ciated with ice coverage on the Great 
Lakes; 
(II) the impact the standards 
proposed in paragraph (2) would have 
on Coast Guard operations in the 
Great Lakes if such standards were 
adopted; 
(III) the fleet mix of medium ice-
breakers and icebreaking tugs nec-
essary to meet the standards proposed 
in paragraph (2); and 
(IV) the resources necessary to 
support the fleet described in sub-
clause (III), including billets for crew 
and operating costs; and 
(ii) make recommendations to the 
Commandant for improvements to the 
Great Lakes icebreaking program, includ-
ing with respect to facilitating shipping
3440 
and meeting all Coast Guard mission 
needs. 
(2) PROPOSED STANDARDS FOR ICEBREAKING 
OPERATIONS.—The proposed standards, the impact 
of the adoption of which is evaluated in subclauses 
(II) and (III) of paragraph (1)(B)(i), are the fol-
lowing: 
(A) Except as provided in subparagraph 
(B), the ice-covered waterways in the Great 
Lakes shall be open to navigation not less than 
90 percent of the hours that vessels engaged in 
commercial service and ferries attempt to tran-
sit such ice-covered waterways. 
(B) In a year in which the Great Lakes 
are not open to navigation, as described in sub-
paragraph (A), because of ice of a thickness 
that occurs on average only once every 10 
years, ice-covered waterways in the Great Lakes 
shall be open to navigation at least 70 percent 
of the hours that vessels engaged in commercial 
service and ferries attempt to transit such ice- 
covered waterways. 
(3) REPORT BY COMMANDANT.—Not later than 
90 days after the date on which the Comptroller 
General submits the report under paragraph (1), the
3441 
Commandant shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives a report 
that includes the following: 
(A) A plan for Coast Guard implementa-
tion of any recommendation made by the Comp-
troller General under paragraph (1)(B)(ii) with 
which the Commandant concurs. 
(B) With respect to any recommendation 
made under paragraph (1)(B)(ii) with which 
the Commandant does not concur, an expla-
nation of the reasons why the Commandant 
does not concur. 
(C) A review of, and a proposed implemen-
tation plan for, the results of the fleet mix anal-
ysis under paragraph (1)(B)(i)(III). 
(D) Any proposed modifications to current 
Coast Guard standards for icebreaking oper-
ations in the Great Lakes. 
(4) PILOT PROGRAM.—During the 5 ice seasons 
following the date of enactment of this Act, the 
Coast Guard shall conduct a pilot program to deter-
mine the extent to which the current Coast Guard
3442 
Great Lakes icebreaking cutter fleet can meet the 
proposed standards described in paragraph (2). 
(b) DATA ON ICEBREAKING OPERATIONS IN THE 
GREAT LAKES.— 
(1) IN GENERAL.—The Commandant shall col-
lect, during ice season, archive, and disseminate data 
on icebreaking operations and transits on ice-covered 
waterways in the Great Lakes of vessels engaged in 
commercial service and ferries. 
(2) ELEMENTS.—Data collected, archived, and 
disseminated under paragraph (1) shall include the 
following: 
(A) Voyages by vessels engaged in com-
mercial service and ferries to transit ice-covered 
waterways in the Great Lakes that are delayed 
or canceled because of the nonavailability of a 
suitable icebreaking vessel. 
(B) Voyages attempted by vessels engaged 
in commercial service and ferries to transit ice- 
covered waterways in the Great Lakes that do 
not reach their intended destination because of 
the nonavailability of a suitable icebreaking ves-
sel. 
(C) The period of time that each vessel en-
gaged in commercial service or ferry was de-
3443 
layed in getting underway or during a transit of 
ice-covered waterways in the Great Lakes due 
to the nonavailability of a suitable icebreaking 
vessel. 
(D) The period of time elapsed between 
each request for icebreaking assistance by a 
vessel engaged in commercial service or ferry 
and the arrival of a suitable icebreaking vessel 
and whether such icebreaking vessel was a 
Coast Guard or commercial asset. 
(E) The percentage of hours that Great 
Lakes ice-covered waterways were open to navi-
gation while vessels engaged in commercial 
service and ferries attempted to transit such 
waterways for each ice season after the date of 
enactment of this Act. 
(F) Relevant communications of each ves-
sel engaged in commercial service or ferry with 
the Coast Guard or commercial icebreaking 
service providers with respect to subparagraphs 
(A) through (D). 
(G) A description of any mitigating cir-
cumstance, such as Coast Guard Great Lakes 
icebreaker diversions to higher priority mis-
sions, that may have contributed to the amount
3444 
of time described in subparagraphs (C) and (D) 
or the percentage of time described in subpara-
graph (E). 
(3) VOLUNTARY REPORTING.—Any reporting by 
operators of commercial vessels engaged in commer-
cial service or ferries under this section shall be vol-
untary. 
(4) PUBLIC AVAILABILITY.—The Commandant 
shall make the data collected, archived, and dissemi-
nated under this subsection available to the public 
on a publicly accessible internet website of the Coast 
Guard. 
(5) CONSULTATION WITH INDUSTRY.—With re-
spect to the Great Lakes icebreaking operations of 
the Coast Guard and the development of the data 
collected, archived, and disseminated under this sub-
section, the Commandant shall consult operators 
of— 
(A) vessels engaged in commercial service; 
and 
(B) ferries. 
(c) REPORT ON COMMON HULL DESIGN.—Section 
8105 of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law
3445 
116–283) is amended by striking subsection (b) and in-
serting the following: 
‘‘(b) REPORT.—Not later than 90 days after the date 
of enactment of this subsection, the Commandant shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report on the operational benefits and limi-
tations of a common hull design for icebreaking cutters 
for operation in the Great Lakes, the Northeastern United 
States, and the Arctic, as appropriate, that are at least 
as capable as the Coast Guard 140-foot icebreaking 
tugs.’’. 
(d) DEFINITIONS.—In this section: 
(1) COMMERCIAL
SERVICE.—The term ‘‘com-
mercial service’’ has the meaning given such term in 
section 2101 of title 46, United States Code. 
(2) 
GREAT
LAKES.—The 
term 
‘‘Great 
Lakes’’— 
(A) has the meaning given such term in 
section 118 of the Federal Water Pollution 
Control Act (33 U.S.C. 1268); and 
(B) includes harbors adjacent to such 
waters.
3446 
(3) ICE-COVERED WATERWAY.—The term ‘‘ice- 
covered waterway’’ means any portion of the Great 
Lakes in which vessels engaged in commercial serv-
ice or ferries operate that is 70 percent or greater 
covered by ice, but does not include any waters adja-
cent to piers or docks for which commercial 
icebreaking services are available and adequate for 
the ice conditions. 
(4) OPEN TO NAVIGATION.—The term ‘‘open to 
navigation’’ means navigable to the extent necessary 
to— 
(A) meet the reasonable demands of ship-
ping; 
(B) minimize delays to passenger ferries; 
(C) extricate vessels and persons from dan-
ger; 
(D) prevent damage due to flooding; and 
(E) conduct other Coast Guard missions, 
as required. 
(5) REASONABLE DEMANDS OF SHIPPING.—The 
term ‘‘reasonable demands of shipping’’ means the 
safe movement of vessels engaged in commercial 
service and ferries transiting ice-covered waterways 
in the Great Lakes to their intended destination, re-
gardless of type of cargo.
3447 
SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL 
SPILL SEARCH AND RESPONSE. 
Section 807(d) of the Frank LoBiondo Coast Guard 
Authorization Act of 2018 (14 U.S.C. 313 note) is amend-
ed to read as follows: 
‘‘(d) DEFINITION.—In this section, the term ‘Great 
Lakes’ means— 
‘‘(1) Lake Ontario; 
‘‘(2) Lake Erie; 
‘‘(3) Lake Huron (including Lake St. Clair); 
‘‘(4) Lake Michigan; 
‘‘(5) Lake Superior; and 
‘‘(6) the connecting channels (including the fol-
lowing rivers and tributaries of such rivers: Saint 
Mary’s River, Saint Clair River, Detroit River, Niag-
ara River, Illinois River, Chicago River, Fox River, 
Grand River, St. Joseph River, St. Louis River, Me-
nominee River, Muskegon River, Kalamazoo River, 
and Saint Lawrence River to the Canadian bor-
der).’’. 
SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS. 
Not later than 120 days after the date of enactment 
of this Act, the Secretary of Homeland Security, in con-
sultation with the Secretary of Transportation, shall con-
duct a study on the laydown of Coast Guard Fast Re-
3448 
sponse Cutters to assess Coast Guard mission readiness 
and to identify areas of need for asset coverage. 
Subtitle C—Other Matters 
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST 
GUARD TO SAFETY RECOMMENDATIONS. 
(a) IN GENERAL.—Chapter 7 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 721. Responses to safety recommendations 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
submission to the Commandant of the Coast Guard of a 
recommendation by the National Transportation Safety 
Board relating to transportation safety, the Commandant 
shall submit to the Board a written response to each rec-
ommendation, which shall include whether the Com-
mandant— 
‘‘(1) concurs with the recommendation; 
‘‘(2) partially concurs with the recommendation; 
or 
‘‘(3) does not concur with the recommendation. 
‘‘(b) EXPLANATION OF CONCURRENCE.—A response 
under subsection (a) shall include— 
‘‘(1) with respect to a recommendation to which 
the Commandant concurs, an explanation of the ac-
3449 
tions the Commandant intends to take to implement 
such recommendation; 
‘‘(2) with respect to a recommendation to which 
the Commandant partially concurs, an explanation 
of the actions the Commandant intends to take to 
implement the portion of such recommendation with 
which the Commandant partially concurs; and 
‘‘(3) with respect to a recommendation to which 
the Commandant does not concur, the reasons why 
the Commandant does not concur with such rec-
ommendation. 
‘‘(c) FAILURE TO RESPOND.—If the Board has not 
received the written response required under subsection 
(a) by the end of the time period described in such sub-
section, the Board shall notify the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate that such response has not 
been received.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 7 of title 14, United States Code, is amended by insert-
ing after the item relating to section 720 the following: 
‘‘721. Responses to safety recommendations.’’. 
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR 
PUBLIC PURPOSES. 
(a) REDESIGNATION AND TRANSFER.—
3450 
(1) IN GENERAL.—Section 914 of the Coast 
Guard Authorization Act of 2010 (Public Law 111– 
281) is transferred to chapter 5 of title 14, United 
States Code, inserted after section 508, redesignated 
as section 509, and amended so that the enu-
merator, section heading, typeface, and typestyle 
conform to those appearing in other sections in title 
46, United States Code. 
(2) CLERICAL AMENDMENTS.— 
(A) COAST GUARD AUTHORIZATION ACT OF 
2010.—The table of contents in section 1(b) of 
the Coast Guard Authorization Act of 2010 
(Public Law 111–281) is amended by striking 
the item relating to section 914. 
(B) TITLE 46.—The analysis for chapter 5 
of title 14, United States Code, is amended by 
inserting after the item relating to section 508 
the following: 
‘‘509. Conveyance of Coast Guard vessels for public purposes.’’. 
(b) CONVEYANCE OF COAST GUARD VESSELS FOR 
PUBLIC PURPOSES.—Section 509 of title 14, United 
States Code (as transferred and redesignated under sub-
section (a)), is amended— 
(1) by amending subsection (a) to read as fol-
lows:
3451 
‘‘(a) IN GENERAL.—At the request of the Com-
mandant, the Administrator of the General Services Ad-
ministration may transfer ownership of a Coast Guard 
vessel or aircraft to an eligible entity for use for edu-
cational, cultural, historical, charitable, recreational, or 
other public purposes if such transfer is authorized by 
law.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘as if such a request 
were being processed’’ after ‘‘vessels’’; and 
(ii) by inserting ‘‘, as in effect on the 
date of enactment of the Don Young Coast 
Guard Authorization Act of 2022’’ after 
‘‘Code of Federal Regulations’’; and 
(B) in paragraph (2) by inserting ‘‘, as in 
effect on the date of enactment of the Don 
Young Coast Guard Authorization Act of 2022’’ 
after ‘‘such title’’. 
SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES. 
Section 1132(e) of title 14, United States Code, is 
amended by striking paragraphs (2) and (3) and inserting 
the following: 
‘‘(2) TYPES OF ESTIMATES.—For each Level 1 
or Level 2 acquisition project or program, in addi-
3452 
tion to life-cycle cost estimates developed under 
paragraph (1), the Commandant shall require that— 
‘‘(A) such life-cycle cost estimates be up-
dated before— 
‘‘(i) each milestone decision is con-
cluded; and 
‘‘(ii) the project or program enters a 
new acquisition phase; and 
‘‘(B) an independent cost estimate or inde-
pendent cost assessment, as appropriate, be de-
veloped to validate such life-cycle cost estimates 
developed under paragraph (1).’’. 
SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING 
PLAN. 
Section 316(c)(4) of title 14, United States Code, is 
amended by striking ‘‘the Inspector General of the depart-
ment in which the Coast Guard is operating’’ and insert-
ing ‘‘a third party entity qualified to undertake such a 
certification process’’. 
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORD-
NANCE DISPOSAL. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
3453 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the viability of estab-
lishing an explosive ordnance disposal program (herein-
after referred to as the ‘‘Program’’) in the Coast Guard. 
(b) CONTENTS.—The report required under sub-
section (a) shall contain, at a minimum, an explanation 
of the following with respect to such a Program: 
(1) Where within the organizational structure 
of the Coast Guard the Program would be located, 
including a discussion of whether the Program 
should reside in— 
(A) Maritime Safety and Security Teams; 
(B) Maritime Security Response Teams; 
(C) a combination of the teams described 
under subparagraphs (A) and (B); or 
(D) elsewhere within the Coast Guard. 
(3) The vehicles and dive craft that are Coast 
Guard airframe and vessel transportable that would 
be required for the transportation of explosive ord-
nance disposal elements. 
(4) The Coast Guard stations at which— 
(A) portable explosives storage magazines 
would be available for explosive ordnance dis-
posal elements; and
3454 
(B) explosive ordnance disposal elements 
equipment would be pre-positioned. 
(5) How the Program would support other ele-
ments within the Department of Homeland Security, 
the Department of Justice, and in wartime, the De-
partment of Defense to— 
(A) counter improvised explosive devices; 
(B) counter unexploded ordnance; 
(C) combat weapons of destruction; 
(D) provide service in support of the Presi-
dent; and 
(E) support national security special 
events. 
(6) The career progression of Coast Guardsman 
participating in the Program from— 
(A) Seaman Recruit to Command Master 
Chief Petty Officer; 
(B) Chief Warrant Officer 2 to that of 
Chief Warrant Officer 4; and 
(C) Ensign to that of Rear Admiral. 
(7) Initial and annual budget justification esti-
mates on a single program element of the Program 
for—
3455 
(A) civilian and military pay with details 
on military pay, including special and incentive 
pays such as— 
(i) officer responsibility pay; 
(ii) officer SCUBA diving duty pay; 
(iii) officer demolition hazardous duty 
pay; 
(iv) enlisted SCUBA diving duty pay; 
(v) enlisted demolition hazardous duty 
pay; 
(vi) enlisted special duty assignment 
pay at level special duty-5; 
(vii) enlisted assignment incentive 
pays; 
(viii) enlistment and reenlistment bo-
nuses; 
(ix) officer and enlisted full civilian 
clothing allowances; 
(x) an exception to the policy allowing 
a third hazardous duty pay for explosive 
ordnance disposal-qualified officers and en-
listed; and 
(xi) parachutist hazardous duty pay; 
(B) research, development, test, and eval-
uation;
3456 
(C) procurement; 
(D) other transaction agreements; 
(E) operations and support; and 
(F) overseas contingency operations. 
SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION AC-
TIONS. 
(a) EXTENSIONS.—Section 524 of the Pribilof Island 
Transition Completion Act of 2016 (Public Law 114–120) 
is amended— 
(1) in subsection (b)(5) by striking ‘‘5 years’’ 
and inserting ‘‘6 years’’; and 
(2) in subsection (c)(3) by striking ‘‘60 days’’ 
and inserting ‘‘120 days’’. 
(b) ACTUAL USE AND OCCUPANCY REPORTS.—Not 
later than 90 days after enactment of this Act, and quar-
terly thereafter, the Secretary of the department in which 
the Coast Guard is operating shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report de-
scribing— 
(1) the degree to which Coast Guard personnel 
and equipment are deployed to St. Paul Island, 
Alaska, in actual occupancy of the facilities, as re-
quired under section 524 of the Pribilof Island
3457 
Transition Completion Act of 2016 (Public Law 
114–120); and 
(2) the status of the activities described in sub-
sections (c) and (d) until such activities have been 
completed. 
(c) AIRCRAFT HANGER.—The Secretary may— 
(1) enter into a lease for a hangar to house de-
ployed Coast Guard aircraft if such hanger was pre-
viously under lease by the Coast Guard for purposes 
of housing such aircraft; and 
(2) may enter into an agreement with the lessor 
of such a hanger in which the Secretary may carry 
out repairs necessary to support the deployment of 
such aircraft and the cost such repairs may be offset 
under the terms of the lease. 
(d) FUEL TANK.— 
(1) DETERMINATION.—Not later than 30 days 
after the date of enactment of this Act, the Sec-
retary shall determine whether the fuel tank located 
on St. Paul Island, Alaska, that is owned by the 
Coast Guard is needed for Coast Guard operations. 
(2) TRANSFER.—Subject to paragraph (3), if 
the Secretary determines such tank is not needed for 
operations, the Secretary shall, not later than 90 
days after making such determination, transfer such
3458 
tank to the Alaska Native Village Corporation for 
St. Paul Island, Alaska. 
(3) FAIR
MARKET
VALUE
EXCEPTION.—The 
Secretary may only carry out a transfer under para-
graph (2) if the fair market value of such tank is 
less than the aggregate value of any lease payments 
for the property on which the tank is located that 
the Coast Guard would have paid to the Alaska Na-
tive Village Corporation for St. Paul Island, Alaska, 
had such lease been extended at the same rate. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to limit any rights of the Alaska Native Vil-
lage Corporation for St. Paul to receive conveyance of all 
or part of the lands and improvements related to Tract 
43 under the same terms and conditions as prescribed in 
section 524 of the Pribilof Island Transition Completion 
Act of 2016 (Public Law 114–120). 
SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES. 
Not later than 180 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that—
3459 
(1) contains a plan for the Coast Guard to no-
tify mariners of radio outages for towers owned and 
operated by the Coast Guard in District 17; 
(2) address in such plan how the Coast Guard 
in District 17 will— 
(A) disseminate outage updates regarding 
outages on social media at least every 48 hours; 
(B) provide updates on a publicly acces-
sible website at least every 48 hours; 
(C) develop methods for notifying mariners 
where cellular connectivity does not exist; 
(D) generate receipt confirmation and ac-
knowledgment of outages from mariners; and 
(E) develop and advertise a web-based 
communications update hub on AM/FM radio 
for mariners; and 
(3) identifies technology gaps necessary to im-
plement the plan and provide a budgetary assess-
ment necessary to implement the plan. 
TITLE III—MARITIME 
Subtitle A—Shipping 
SEC. 301. NONOPERATING INDIVIDUAL. 
Section 8313(b) of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283) is amended by striking ‘‘the date
3460 
that is 2 years after the date of the enactment of this 
Act’’ and inserting ‘‘January 1, 2025’’. 
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Secretary of the 
department in which the Coast Guard is operating, shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report detailing the total number of vessels 
known or estimated to operate or to have operated under 
section 50503 of title 46, United States Code, during each 
of the past 10 fiscal years. 
(b) CONTENTS.—The report required by subsection 
(a) shall include the following elements: 
(1) The total number of foreign-flagged vessels 
known or estimated to operate or to have operated 
as oceanographic research vessels (as such term is 
defined in section 2101 of title 46, United States 
Code) during each of the past 10 fiscal years. 
(2) The total number of United States-flagged 
vessels known or estimated to operate or to have op-
erated as oceanographic research vessels (as such
3461 
term is defined section 2101 of title 46, United 
States Code) during each of the past 10 fiscal years. 
SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEF-
ING. 
Not later than 30 days after the date of enactment 
of this Act, and every 30 days thereafter until the require-
ments of section 70003 of title 46, United States Code, 
are fully executed with respect to the Atlantic Coast Port 
Access Route, the Secretary of the department in which 
the Coast Guard is operating shall brief the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on any progress 
made to execute such requirements. 
Subtitle B—Vessel Safety 
SEC. 304. FISHING VESSEL SAFETY. 
(a) IN GENERAL.—Chapter 45 of title 46, United 
States Code, is amended— 
(1) in section 4502(f)(2) by striking ‘‘certain 
vessels described in subsection (b) if requested by 
the owner or operator; and’’ and inserting ‘‘vessels 
described in subsection (b) if— 
‘‘(A) requested by an owner or operator; or 
‘‘(B) the vessel is— 
‘‘(i) at least 50 feet overall in length;
3462 
‘‘(ii) built before July 1, 2013; and 
‘‘(iii) 25 years of age or older; and’’; 
(2) in section 4503(b) by striking ‘‘Except as 
provided in section 4503a, subsection (a)’’ and in-
serting ‘‘Subsection (a)’’; and 
(3) by repealing section 4503a. 
(b) ALTERNATIVE SAFETY COMPLIANCE AGREE-
MENTS.—Nothing in this section or the amendments made 
by this section shall be construed to affect or apply to any 
alternative compliance and safety agreement entered into 
by the Coast Guard that is in effect on the date of enact-
ment of this Act. 
(c) CONFORMING AMENDMENTS.—The table of sec-
tions in chapter 45 of title 46, United States Code, is 
amended by striking the item relating to section 4503a. 
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS 
PASSENGER VESSELS. 
(a) REGULATIONS REQUIRED.—Not later than 1 year 
after the date of enactment of this Act, the Commandant 
of the Coast Guard shall issue regulations for DUKW-type 
amphibious passenger vessels operating in waters subject 
to the jurisdiction of the United States, as defined in sec-
tion 2.38 of title 33, Code of Federal Regulations (as in 
effect on the date of enactment of this Act).
3463 
(b) DEADLINE FOR COMPLIANCE.—The regulations 
issued under subsection (a) shall take effect not later than 
24 months after the date of enactment of this Act. 
(c) 
REQUIREMENTS.—The 
regulations 
required 
under subsection (a) shall include the following: 
(1) A requirement that operators of DUKW- 
type amphibious passenger vessels provide reserve 
buoyancy for such vessels through passive means, in-
cluding watertight compartmentalization, built-in flo-
tation, or such other means as determined appro-
priate by the Commandant, in order to ensure that 
such vessels remain afloat and upright in the event 
of flooding, including when carrying a full com-
plement of passengers and crew. 
(2) A requirement that an operator of a 
DUKW-type amphibious passenger vessel— 
(A) review and notate the forecast of the 
National Weather Service of the National Oce-
anic and Atmospheric Administration in the 
logbook of the vessel before getting underway 
and periodically while underway; 
(B) proceed to the nearest harbor or safe 
refuge in any case in which a watch or warning 
is issued for wind speeds exceeding the wind 
speed equivalent used to certify the stability of
3464 
such DUKW-type amphibious passenger vessel; 
and 
(C) maintain and monitor a weather mon-
itor radio receiver at the operator station of the 
vessel that is automatically activated by the 
warning alarm device of the National Weather 
Service. 
(3) A requirement that— 
(A) operators of DUKW-type amphibious 
passenger vessels inform passengers that seat 
belts may not be worn during waterborne oper-
ations; 
(B) before the commencement of water-
borne operations, a crew member shall visually 
check that the seatbelt of each passenger is un-
buckled; and 
(C) operators or crew maintain a log re-
cording the actions described in subparagraphs 
(A) and (B). 
(4) A requirement for annual training for oper-
ators and crew of DUKW-type amphibious pas-
sengers vessels, including— 
(A) training for personal flotation and seat 
belt requirements, verifying the integrity of the 
vessel at the onset of each waterborne depar-
3465 
ture, identification of weather hazards, and use 
of National Weather Service resources prior to 
operation; and 
(B) training for crew to respond to emer-
gency situations, including flooding, engine 
compartment fires, man-overboard situations, 
and in water emergency egress procedures. 
(d) CONSIDERATION.—In issuing the regulations re-
quired under subsection (a), the Commandant shall con-
sider whether personal flotation devices should be required 
for the duration of the waterborne transit of a DUKW- 
type amphibious passenger vessel. 
(e) INTERIM REQUIREMENTS.—Beginning on the 
date on which the regulations under subsection (a) are 
issued, the Commandant shall require that operators of 
DUKW-type amphibious passenger vessels that are not in 
compliance with such regulations shall be subject to the 
following requirements: 
(1) Remove the canopies and any window cov-
erings of such vessels for waterborne operations, or 
install in such vessels a canopy that does not restrict 
horizontal or vertical escape by passengers in the 
event of flooding or sinking. 
(2) If a canopy and window coverings are re-
moved from any such vessel pursuant to paragraph
3466 
(1), require that all passengers wear a personal flo-
tation device approved by the Coast Guard before 
the onset of waterborne operations of such vessel. 
(3) Reengineer such vessels to permanently 
close all unnecessary access plugs and reduce all 
through-hull penetrations to the minimum number 
and size necessary for operation. 
(4) Install in such vessels independently pow-
ered electric bilge pumps that are capable of 
dewatering such vessels at the volume of the largest 
remaining penetration in order to supplement an op-
erable Higgins pump or a dewatering pump of equiv-
alent or greater capacity. 
(5) Install in such vessels not fewer than 4 
independently powered bilge alarms. 
(6) Conduct an in-water inspection of any such 
vessel after each time a through-hull penetration of 
such vessel has been removed or uncovered. 
(7) Verify through an in-water inspection the 
watertight integrity of any such vessel at the outset 
of each waterborne departure of such vessel. 
(8) Install underwater LED lights that activate 
automatically in an emergency. 
(9) Otherwise comply with any other provisions 
of relevant Coast Guard guidance or instructions in
3467 
the inspection, configuration, and operation of such 
vessels. 
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY 
FOR SMALL PASSENGERS VESSELS. 
(a) RESTRUCTURING.—Chapter 305 of title 46, 
United States Code, is amended— 
(1) by inserting the following before section 
30501 the following: 
‘‘Subchapter I—General Provisions’’; 
(2) by inserting the following before section 
30503: 
‘‘Subchapter II—Exoneration and Limitation 
of Liability’’; 
and 
(3) by redesignating sections 30503 through 
30512 as sections 30521 through 30530, respec-
tively. 
(b) DEFINITIONS.—Section 30501 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 30501. Definitions 
‘‘In this chapter: 
‘‘(1) COVERED SMALL PASSENGER VESSEL.— 
The term ‘covered small passenger vessel’— 
‘‘(A) means a small passenger vessel, as 
defined in section 2101 that is—
3468 
‘‘(i) not a wing-in-ground craft; and 
‘‘(ii) carrying— 
‘‘(I) not more than 49 passengers 
on an overnight domestic voyage; and 
‘‘(II) not more than 150 pas-
sengers on any voyage that is not an 
overnight domestic voyage; and 
‘‘(B) includes any wooden vessel con-
structed prior to March 11, 1996, carrying at 
least 1 passenger for hire. 
‘‘(2) OWNER.—The term ‘owner’ includes a 
charterer that mans, supplies, and navigates a vessel 
at the charterer’s own expense or by the charterer’s 
own procurement.’’. 
(c) CLERICAL AMENDMENT.—The item relating to 
section 30501 in the analysis for chapter 305 of title 46, 
United States Code, is amended to read as follows: 
‘‘30501. Definitions.’’. 
(d) APPLICABILITY.—Section 30502 of title 46, 
United States Code, is amended by inserting ‘‘as to cov-
ered small passenger vessels, and’’ before ‘‘as otherwise 
provided’’. 
(e) PROVISIONS REQUIRING NOTICE OF CLAIM OR 
LIMITING TIME FOR BRINGING ACTION.—Section 30526 
of title 46, United States Code, as redesignated by sub-
section (a), is amended—
3469 
(1) in subsection (a), by inserting ‘‘and covered 
small passenger vessels’’ after ‘‘seagoing vessels’’; 
(2) in subsection (b)(1), by striking ‘‘6 months’’ 
and inserting ‘‘2 years’’; and 
(3) in subsection (b)(2), by striking ‘‘one year’’ 
and inserting ‘‘2 years’’. 
(f) TABLES OF SUBCHAPTERS AND TABLES OF SEC-
TIONS.—The table of sections for chapter 305 of title 46, 
United States Code, is amended— 
(1) by inserting before section 30501 the fol-
lowing: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 
(2) by inserting after section 30502 the fol-
lowing: 
‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 
and 
(3) by redesignating the items relating to sec-
tions 30503 through 30512 as items relating to sec-
tions 30521 through 30530, respectively. 
(g) CONFORMING AMENDMENTS.—Title 46, United 
States Code, is further amended— 
(1) in section 14305(a)(5), by striking ‘‘section 
30506’’ and inserting ‘‘section 30524’’; 
(2) in section 30523(a), as redesignated by sub-
section (a), by striking ‘‘section 30506’’ and insert-
ing ‘‘section 30524’’;
3470 
(3) in section 30524(b), as redesignated by sub-
section (a), by striking ‘‘section 30505’’ and insert-
ing ‘‘section 30523’’; and 
(4) in section 30525, as redesignated by sub-
section (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘sections 30505 and 30506’’ and in-
serting ‘‘sections 30523 and 30524’’; 
(B) in paragraph (1) by striking ‘‘section 
30505’’ and inserting ‘‘section 30523’’; and 
(C) in paragraph (2) by striking ‘‘section 
30506(b)’’ and inserting ‘‘section 30524(b)’’. 
SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIRE-
MENTS. 
(a) REQUIREMENT FOR FISHING VESSELS TO HAVE 
AUTOMATIC
IDENTIFICATION
SYSTEMS.—Section 
70114(a)(1) of title 46, United States Code, is amended— 
(1) by striking ‘‘, while operating on the navi-
gable waters of the United States,’’; 
(2) by redesignating subparagraphs (A) through 
(D) as clauses (i) through (iv); 
(3) by inserting before clauses (i) through (iv), 
as redesignated by paragraph (2), the following: 
‘‘(A) While operating on the navigable waters of 
the United States:’’; and
3471 
(4) by adding at the end the following: 
‘‘(B) A vessel of the United States that is more 
than 65 feet overall in length, while engaged in fish-
ing, fish processing, or fish tendering operations on 
the navigable waters of the United States or in the 
United States exclusive economic zone.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Com-
merce for fiscal year 2022, $5,000,000, to remain avail-
able until expended, to purchase automatic identification 
systems for fishing vessels, fish processing vessels, fish 
tender vessels more than 50 feet in length, as described 
under this section and the amendments made by this sec-
tion. 
Subtitle C—Shipbuilding Program 
SEC. 308. QUALIFIED VESSEL. 
(a) ELIGIBLE VESSEL.—Section 53501(2) of title 46, 
United States Code, is amended— 
(1) in subparagraph (A)(iii) by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (B)(v) by striking the pe-
riod at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(C) a ferry, as such term is defined in 
section 2101; and
3472 
‘‘(D) a passenger vessel or small passenger 
vessel, as such terms are defined in section 
2101, that has a passenger capacity of 50 pas-
sengers or greater.’’. 
(b) QUALIFIED VESSEL.—Section 53501(5) of title 
46, United States Code, is amended— 
(1) in subparagraph (A)(iii) by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (B)(v) by striking the pe-
riod at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(C) a ferry, as such term is defined in 
section 2101; and 
‘‘(D) a passenger vessel or small passenger 
vessel, as such terms are defined in section 
2101, that has a passenger capacity of 50 pas-
sengers or greater.’’. 
SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND. 
Section 53503(b) of title 46, United States Code, is 
amended by inserting ‘‘(including transportation on a 
ferry, passenger vessel, or small passenger vessel, as such 
terms are defined in section 2101, that has a passenger 
capacity of 50 passengers or greater)’’ after ‘‘short sea 
transportation’’.
3473 
TITLE IV—FEDERAL MARITIME 
COMMISSION 
SEC. 401. TERMS AND VACANCIES. 
Section 46101(b) of title 46, United States Code, is 
amended by— 
(1) in paragraph (2)— 
(A) by striking ‘‘one year’’ and inserting 
‘‘2 years’’; and 
(B) by striking ‘‘2 terms’’ and inserting ‘‘3 
terms’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘of the individual being 
succeeded’’ and inserting ‘‘to which such indi-
vidual is appointed’’; 
(B) by striking ‘‘2 terms’’ and inserting ‘‘3 
terms’’; and 
(C) by striking ‘‘the predecessor of that’’ 
and inserting ‘‘such’’. 
TITLE V—MISCELLANEOUS 
Subtitle A—Navigation 
SEC. 501. RESTRICTION ON CHANGING SALVORS. 
Section 311(c)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(c)(3)) is amended by adding 
at the end the following:
3474 
‘‘(C) An owner or operator may not change 
salvors as part of a deviation under subparagraph 
(B) in cases in which the original salvor satisfies the 
Coast Guard requirements in accordance with the 
National Contingency Plan and the applicable re-
sponse plan required under subsection (j). 
‘‘(D) In any case in which the Coast Guard au-
thorizes a deviation from the salvor as part of a de-
viation under subparagraph (B) from the applicable 
response plan required under subsection (j), the 
Commandant shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
describing the deviation and the reasons for such de-
viation.’’. 
SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS AN-
CHORED 
IN 
ESTABLISHED 
ANCHORAGE 
GROUNDS. 
(a) IN GENERAL.—Section 70006 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 70006. Anchorage grounds 
‘‘(a) ANCHORAGE GROUNDS.— 
‘‘(1) ESTABLISHMENT.—The Secretary of the 
department in which the Coast Guard is operating
3475 
shall define and establish anchorage grounds in the 
navigable waters of the United States for vessels op-
erating in such waters. 
‘‘(2) RELEVANT
FACTORS
FOR
ESTABLISH-
MENT.—In carrying out paragraph (1), the Sec-
retary shall take into account all relevant factors 
concerning navigational safety, protection of the ma-
rine environment, proximity to undersea pipelines 
and cables, safe and efficient use of Marine Trans-
portation System, and national security. 
‘‘(b) VESSEL REQUIREMENTS.—Vessels, of certain 
sizes or type determined by the Secretary, shall— 
‘‘(1) set and maintain an anchor alarm for the 
duration of an anchorage; 
‘‘(2) comply with any directions or orders 
issued by the Captain of the Port; and 
‘‘(3) comply with any applicable anchorage reg-
ulations. 
‘‘(c) PROHIBITIONS.—A vessel may not— 
‘‘(1) anchor in any Federal navigation channel 
unless authorized or directed to by the Captain of 
the Port; 
‘‘(2) anchor in near proximity, within distances 
determined by the Coast Guard, to an undersea
3476 
pipeline or cable, unless authorized or directed to by 
the Captain of the Port; and 
‘‘(3) anchor or remain anchored in an anchor-
age ground during any period in which the Captain 
of the Port orders closure of the anchorage ground 
due to inclement weather, navigational hazard, a 
threat to the environment, or other safety or secu-
rity concern. 
‘‘(d) SAFETY EXCEPTION.—Nothing in this section 
shall be construed to prevent a vessel from taking actions 
necessary to maintain the safety of the vessel or to prevent 
the loss of life or property.’’. 
(b) REGULATORY REVIEW.— 
(1) REVIEW REQUIRED.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of the department in which the Coast Guard 
is operating shall complete a review of existing an-
chorage regulations and identify regulations that 
may need modification— 
(A) in the interest of marine safety, secu-
rity, and environmental concerns, taking into 
account undersea pipelines, cables, or other in-
frastructure; and 
(B) to implement the amendments made 
by this section.
3477 
(2) BRIEFING.—Upon completion of the review 
under paragraph (1), but not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall provide a briefing to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Subcommittee on Coast Guard and Mar-
itime Transportation of the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives that summarizes the review. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 700 of title 46, United States Code, is amend-
ed by striking the item relating to section 70006 and in-
serting the following: 
‘‘70006. Anchorage grounds.’’. 
(d) APPLICABILITY OF REGULATIONS.—The amend-
ments made by subsection (a) may not be construed to 
alter any existing rules, regulations, or final agency ac-
tions issued under section 70006 of title 46, United States 
Code, as in effect on the day before the date of enactment 
of this Act until all regulations required under subsection 
(b) take effect. 
SEC. 503. AQUATIC NUISANCE SPECIES TASK FORCE. 
(a) RECREATIONAL
VESSEL
DEFINED.—Section 
1003 of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4702) is amended—
3478 
(1) by redesignating paragraphs (13) through 
(17) as paragraphs (15) through (19), respectively; 
and 
(2) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) ‘State’ means each of the several States, 
the District of Columbia, American Samoa, Guam, 
Puerto Rico, the Northern Mariana Islands, and the 
Virgin Islands of the United States; 
‘‘(14) ‘recreational vessel’ has the meaning 
given that term in section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362);’’. 
(b) OBSERVERS.—Section 1201 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4721) is amended by adding at the end the fol-
lowing: 
‘‘(g) OBSERVERS.—The chairpersons designated 
under subsection (d) may invite representatives of non-
governmental entities to participate as observers of the 
Task Force.’’. 
(c) AQUATIC NUISANCE SPECIES TASK FORCE.— 
Section 1201(b) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721(b)) 
is amended—
3479 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (7) as para-
graph (10); and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) the Director of the National Park Service; 
‘‘(8) the Director of the Bureau of Land Man-
agement; 
‘‘(9) the Commissioner of Reclamation; and’’. 
(d) AQUATIC NUISANCE SPECIES PROGRAM.—Sec-
tion 1202 of the Nonindigenous Aquatic Nuisance Preven-
tion and Control Act of 1990 (16 U.S.C. 4722) is amend-
ed— 
(1) in subsection (e) by adding at the end the 
following: 
‘‘(4) 
TECHNICAL
ASSISTANCE
AND
REC-
OMMENDATIONS.—The Task Force may provide 
technical assistance and recommendations for best 
practices to an agency or entity engaged in vessel in-
spections or decontaminations for the purpose of— 
‘‘(A) effectively managing and controlling 
the movement of aquatic nuisance species into, 
within, or out of water of the United States; 
and
3480 
‘‘(B) inspecting recreational vessels in a 
manner that minimizes disruptions to public ac-
cess for boating and recreation in non-contami-
nated vessels. 
‘‘(5) CONSULTATION.—In carrying out para-
graph (4), including the development of rec-
ommendations, the Task Force may consult with— 
‘‘(A) State fish and wildlife management 
agencies; 
‘‘(B) other State agencies that manage 
fishery resources of the State or sustain fishery 
habitat; and 
‘‘(C) relevant nongovernmental entities.’’; 
and 
(2) in subsection (k) by adding at the end the 
following: 
‘‘(3) Not later than 90 days after the date of 
enactment of the Don Young Coast Guard Author-
ization Act of 2022, the Task Force shall submit a 
report to Congress recommending legislative, pro-
grammatic, or regulatory changes to eliminate re-
maining gaps in authorities between members of the 
Task Force to effectively manage and control the 
movement of aquatic nuisance species.’’.
3481 
(e) TECHNICAL CORRECTIONS
AND CONFORMING 
AMENDMENTS.—The Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701 et 
seq.) is further amended— 
(1) in section 1002(b)(2), by inserting a comma 
after ‘‘funded’’; 
(2) in section 1003, in paragraph (7), by strik-
ing ‘‘Canandian’’ and inserting ‘‘Canadian’’; 
(3) in section 1203(a)— 
(A) in paragraph (1)(F), by inserting 
‘‘and’’ after ‘‘research,’’; and 
(B) in paragraph (3), by striking ‘‘encour-
age’’ and inserting ‘‘encouraged’’; 
(4) in section 1204(b)(4), in the paragraph 
heading, by striking ‘‘ADMINISRATIVE’’ and inserting 
‘‘ADMINISTRATIVE’’; and 
(5) in section 1209, by striking ‘‘subsection 
(a)’’ and inserting ‘‘section 1202(a)’’. 
SEC. 504. LIMITATION ON RECOVERY FOR CERTAIN INJU-
RIES INCURRED IN AQUACULTURE ACTIVI-
TIES. 
(a) IN GENERAL.—Section 30104 of title 46, United 
States Code, is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
the first sentence; and
3482 
(2) by adding at the end the following: 
‘‘(b) LIMITATION ON RECOVERY BY AQUACULTURE 
WORKERS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the term ‘seaman’ does not include an individual 
who— 
‘‘(A) is an aquaculture worker if State 
workers’ compensation is available to such indi-
vidual; and 
‘‘(B) was, at the time of injury, engaged in 
aquaculture in a place where such individual 
had lawful access. 
‘‘(2) AQUACULTURE
WORKER
DEFINED.—In 
this subsection, the term ‘aquaculture worker’ means 
an individual who— 
‘‘(A) is employed by a commercial enter-
prise that is involved in the controlled cultiva-
tion and harvest of aquatic plants and animals, 
including— 
‘‘(i) the cleaning, processing, or can-
ning of fish and fish products; 
‘‘(ii) the cultivation and harvesting of 
shellfish; and 
‘‘(iii) the controlled growing and har-
vesting of other aquatic species;
3483 
‘‘(B) does not hold a license issued under 
section 7101(c); and 
‘‘(C) is not required to hold a merchant 
mariner credential under part F of subtitle II.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply to an injury incurred on or after the 
date of enactment of this Act. 
Subtitle B—Other Matters 
SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFI-
CATES. 
(a) IN GENERAL.—Title IX of the Frank LoBiondo 
Coast Guard Authorization Act of 2018 (Public Law 115– 
282) is amended by adding at the end the following: 
‘‘SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFI-
CATES. 
‘‘The Commandant of the Coast Guard shall, upon 
request by any State, the District of Columbia, or territory 
of the United States, provide all data possessed by the 
Coast Guard pertaining to challenge water quality charac-
teristics, challenge water biological organism concentra-
tions, post-treatment water quality characteristics, and 
post-treatment biological organism concentrations data for 
a ballast water management system with a type approval 
certificate approved by the Coast Guard pursuant to sub-
part 162.060 of title 46, Code of Federal Regulations.’’.
3484 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Frank LoBiondo Coast Guard Authorization Act 
of 2018 (Public Law 115–282) is amended by inserting 
after the item relating to section 903 the following: 
‘‘904. Information on type approval certificates.’’. 
SEC. 506. PASSENGER VESSEL SECURITY AND SAFETY RE-
QUIREMENTS. 
Section 3507(k)(1) of title 46, United States Code, 
is amended— 
(1) in subparagraph (A) by striking ‘‘at least 
250’’ and inserting ‘‘250 or more’’; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) has overnight accommodations for 
250 or more passengers; and’’. 
SEC. 507. CARGO WAITING TIME REDUCTION. 
(a) INTERAGENCY TASK FORCE.—The President 
shall, acting through the Supply Chain Disruptions Task 
Force established under Executive Order 14017 (relating 
to supply chains) of February 24, 2021 (86 Fed. Reg. 
11849) (hereinafter referred to as the ‘‘Task Force’’), 
carry out the duties described in subsection (c). 
(b) DUTIES.—In carrying out this section, the Task 
Force shall— 
(1) evaluate and quantify the economic and en-
vironmental impact of cargo backlogs;
3485 
(2) evaluate and quantify the costs incurred by 
each Federal agency represented on the Task Force, 
and by State and local governments, due to such 
cargo backlogs; 
(3) evaluate the responses of each such Federal 
agency to such cargo backlogs; and 
(4) not later than 90 days after the date of en-
actment of this Act— 
(A) develop a plan to— 
(i) significantly reduce or eliminate 
such cargo backlog; and 
(ii) reduce nationwide cargo proc-
essing delays, including the Port of Los 
Angeles and the Port of Long Beach; and 
(B) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a re-
port containing the plan developed under sub-
paragraph (A). 
(c) REPORT OF THE COMMANDANT.—No later than 
90 days after the date of enactment of this Act, the Com-
mandant of the Coast Guard shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce,
3486 
Science, and Transportation of the Senate a report on 
cargo backlogs that includes— 
(1) an explanation of the extent to which ves-
sels carrying cargo are complying with the require-
ments of chapter 700 of title 46, United States 
Code; 
(2) the status of the investigation on the cause 
of the oil spill that occurred in October 2021 on the 
waters over the San Pedro Shelf related to an an-
chor strike, including the expected date on which the 
Marine Casualty Investigation Report with respect 
to such spill will be released; and 
(3) with respect to such vessels, a summary of 
actions taken or planned to be taken by the Com-
mandant to— 
(A) provide additional protections against 
oil spills caused by anchor strikes; and 
(B) address other safety concerns and en-
vironmental impacts. 
SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY 
OIL SPILL RESPONSE CONTRACTS. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
a contract for the containment or removal of a discharge 
entered into by the President under section 311(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(c))
3487 
shall contain a provision to indemnify a contractor for li-
abilities and expenses incidental to the containment or re-
moval arising out of the performance of the contract that 
is substantially identical to the terms contained in sub-
sections (d) through (h) of section H.4 (except for para-
graph (1) of subsection (d)) of the contract offered by the 
Coast Guard in the solicitation numbered DTCG89–98– 
A–68F953, dated November 17, 1998. 
(b) REQUIREMENTS.— 
(1) SOURCE
OF
FUNDS.—The provision re-
quired under subsection (a) shall include a provision 
that the obligation to indemnify is limited to funds 
available in the Oil Spill Liability Trust Fund estab-
lished by section 9509(a) of the Internal Revenue 
Code of 1986 at the time the claim for indemnity is 
made. 
(2) UNCOMPENSATED REMOVAL.—A claim for 
indemnity under a contract described in subsection 
(a) shall be made as a claim for uncompensated re-
moval costs under section 1012(a)(4) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2712(a)(4)). 
(3) LIMITATION.—The total indemnity for a 
claim under a contract described in subsection (a) 
may not be more than $50,000 per incident.
3488 
(c) APPLICABILITY
OF
EXEMPTIONS.—Notwith-
standing subsection (a), the United States shall not be ob-
ligated to indemnify a contractor for any act or omission 
of the contractor carried out pursuant to a contract en-
tered into under this section where such act or omission 
is grossly negligent or which constitutes willful mis-
conduct. 
SEC. 509. PORT COORDINATION COUNCIL FOR POINT SPEN-
CER. 
Section 541 of the Coast Guard Authorization Act 
of 2016 (Public Law 114–120) is amended— 
(1) in subsection (b) by striking paragraphs (1) 
and (2) and inserting the following: 
‘‘(1) BSNC (to serve as Council Chair). 
‘‘(2) The Secretary of Homeland Security. 
‘‘(3) An Oil Spill Response Organization that 
serves the area in which such Port is located. 
‘‘(4) The State.’’; 
(2) in subsection (c)(1)— 
(A) in subparagraph (B) by adding ‘‘and’’ 
at the end; and 
(B) by striking subparagraphs (C) and (D) 
and inserting the following: 
‘‘(C) land use planning and development at 
Point Spencer in support of the following activi-
3489 
ties within the Bearing Sea, the Chukchi Sea, 
and the Arctic Ocean: 
‘‘(i) Search and rescue. 
‘‘(ii) Shipping safety. 
‘‘(iii) Economic development. 
‘‘(iv) Oil spill prevention and re-
sponse. 
‘‘(v) National security. 
‘‘(vi) Major marine casualties. 
‘‘(vii) Protection of Alaska Native ar-
chaeological and cultural resources. 
‘‘(viii) Port of refuge, arctic research, 
and maritime law enforcement.’’; 
(3) by amending subsection (c)(3) to read as 
follows: 
‘‘(3) Facilitate coordination among members of 
the Council on the development and use of the land 
and coastline of Point Spencer, as such development 
and use relate to activities of the Council at the Port 
of Point Spencer.’’; and 
(4) in subsection (e)— 
(A) by striking ‘‘Operations and manage-
ment costs’’ and inserting the following: 
‘‘(1) DETERMINATION OF COSTS.—Operations 
and management costs’’; and
3490 
(B) by adding at the end the following: 
‘‘(2) FUNDING.—To facilitate the mooring buoy 
system in Port Clarence and to assist the Council in 
the development of other oil spill prevention and re-
sponse infrastructure, including reactivating the air-
strip at Point Spencer with appropriate technology 
and safety equipment in support of response oper-
ations, there is authorized to be made available 
$5,000,000 for each of fiscal years 2023 through 
2025 from the interest generated from the Oil Spill 
Liability Trust Fund.’’. 
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA. 
(a) WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA.—Section 311(j)(5) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)) is amended by adding 
at the end the following: 
‘‘(J)(i) Except as provided in clause (iv) 
(including with respect to Cook Inlet), in any 
case in which the Secretary has determined that 
the national planning criteria established pursu-
ant to this subsection are inappropriate for a 
vessel operating in the area of responsibility of 
the Western Alaska Captain of the Port Zone, 
a response plan required under this paragraph
3491 
with respect to a discharge of oil for the vessel 
shall comply with the planning criteria estab-
lished under clause (ii), which planning criteria 
shall, with respect to a discharge of oil from the 
vessel, apply in lieu of any alternative planning 
criteria approved for vessels operating in such 
area. 
‘‘(ii) The President shall establish planning 
criteria for a worst case discharge of oil, and a 
substantial threat of such a discharge, within 
the area of responsibility of Western Alaska 
Captain of the Port Zone, including planning 
criteria for the following: 
‘‘(I) Oil spill response resources that 
are required to be located within such 
area. 
‘‘(II) Response times for mobilization 
of oil spill response resources and arrival 
on the scene of a worst case discharge of 
oil, or substantial threat of such a dis-
charge, occurring within such area. 
‘‘(III) Pre-identified vessels for oil 
spill response that are capable of operating 
in the ocean environment and required to 
be located within such area.
3492 
‘‘(IV) Real-time continuous vessel 
tracking, monitoring, and engagement pro-
tocols that detect and address vessel oper-
ation anomalies. 
‘‘(V) Vessel routing measures con-
sistent with international routing measure 
deviation protocols. 
‘‘(VI) Ensuring the availability of at 
least one oil spill removal organization that 
is classified by the Coast Guard and 
that— 
‘‘(aa) is capable of responding in 
all operating environments in such 
area; 
‘‘(bb) controls oil spill response 
resources of dedicated and nondedi-
cated resources within such area, 
through ownership, contracts, agree-
ments, or other means approved by 
the President, sufficient to mobilize 
and sustain a response to a worst case 
discharge of oil and to contain, re-
cover, and temporarily store dis-
charged oil; and
3493 
‘‘(cc) has pre-positioned oil spill 
response resources in strategic loca-
tions throughout such area in a man-
ner that ensures the ability to support 
response 
personnel, 
marine 
oper-
ations, air cargo, or other related lo-
gistics infrastructure. 
‘‘(VII) Temporary storage capability 
using both dedicated and non-dedicated as-
sets located within such area. 
‘‘(VIII) Non-mechanical oil spill re-
sponse resources, to be available under 
contracts, agreements, or other means ap-
proved by the President, capable of re-
sponding to both a discharge of persistent 
oil and a discharge of non-persistent oil, 
whether the discharged oil was carried by 
a vessel as fuel or cargo. 
‘‘(IX) With respect to tank barges 
carrying non-persistent oil in bulk as 
cargo, oil spill response resources that are 
required to be carried on board. 
‘‘(X) Ensuring that oil spill response 
resources required to comply with this sub-
paragraph are separate from and in addi-
3494 
tion to resources otherwise required to be 
included in a response plan for purposes of 
compliance with salvage and marine fire-
fighting planning requirements under this 
subsection. 
‘‘(XI) Specifying a minimum length of 
time that approval of a response plan 
under this subparagraph is valid. 
‘‘(XII) Ensuring compliance with re-
quirements for the preparation and sub-
mission of vessel response plans established 
by regulations pursuant to this paragraph. 
‘‘(iii) The President may approve a re-
sponse plan for a vessel under this subpara-
graph only if the owner or operator of the ves-
sel demonstrates the availability of the oil spill 
response resources required to be included in 
the response plan under the planning criteria 
established under clause (ii). 
‘‘(iv) Nothing in this subparagraph af-
fects— 
‘‘(I) the requirements under this sub-
section applicable to vessel response plans 
for vessels operating within the area of re-
sponsibility of the Western Alaska Captain
3495 
of the Port Zone within Cook Inlet, Alas-
ka; 
‘‘(II) the requirements applicable to 
tank vessels operating within Prince Wil-
liam Sound Captain of the Port Zone that 
are subject to section 5005 of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2735); or 
‘‘(III) the authority of a Federal On- 
Scene Coordinator to use any available re-
sources when responding to an oil spill. 
‘‘(v) The Secretary shall review any deter-
mination that the national planning criteria are 
inappropriate for a vessel operating in the area 
of responsibility of Western Alaska Captain of 
the Port Zone not less frequently than once 
every five years. 
‘‘(vi) For purposes of this subparagraph, 
the term ‘Western Alaska Captain of the Port 
Zone’ means the area described in section 3.85– 
15 of title 33, Code of Federal Regulations, as 
in effect on the date of enactment of this sub-
paragraph.’’. 
(b) ESTABLISHMENT OF ALASKA OIL SPILL PLAN-
NING CRITERIA.—
3496 
(1) DEADLINE.—Not later than 2 years after 
the date of enactment of this Act, the President 
shall establish the planning criteria required to be 
established under subparagraph (J) of section 
311(j)(5) of the Federal Water Pollution Control 
Act of (33 U.S.C. 1321(j)(5)), as added by this sec-
tion. 
(2) CONSULTATION.—In establishing such plan-
ning criteria, the President shall consult with the 
State of Alaska, owners and operators of vessels 
subject to such planning criteria, oil spill removal or-
ganizations, Alaska Native organizations, and envi-
ronmental nongovernmental organizations located 
within the State of Alaska. 
(3) VESSELS IN COOK INLET.—Unless other-
wise authorized by the Secretary of the department 
in which the Coast Guard, a vessel may only operate 
in Cook Inlet, Alaska, under a vessel response plan 
that meets the requirements of the national planning 
criteria established pursuant to section 311(j)(5) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(5)). 
(c) CONGRESSIONAL REPORT.—Not later than one 
year after the date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating
3497 
shall submit to Congress a report regarding the status of 
implementing the requirements of subparagraph (J) of 
section 311(j)(5) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(5)), as added by this section. 
SEC. 511. NONAPPLICABILITY. 
Requirements under sections 3507(d), 3507(e), 3508, 
and 3509 of title 46, United States Code, shall not apply 
to the passenger vessel American Queen (U.S. Coast 
Guard Official Number 1030765) or any other passenger 
vessel— 
(1) on which construction identifiable with the 
specific vessel begins prior to the date of enactment 
of this Act; and 
(2) to which sections 3507 and 3508 would oth-
erwise apply when such vessels are operating inside 
the boundary line. 
SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS. 
The Commandant of the Coast Guard shall submit 
to Congress a report describing any changes to the en-
forcement of chapters 121 and 551 of title 46, United 
States Code, as a result of the amendments to section 
4(a)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(1)) made by section 9503 of the William 
M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283).
3498 
SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, 
LATHROP, CALIFORNIA. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Maritime Administra-
tion shall complete the land conveyance required under 
section 2833 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283). 
SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRON-
MENTAL RESPONSE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commandant of the 
Coast Guard, in consultation with the Administrator of 
the National Oceanic and Atmospheric Administration, 
shall establish a Center of Expertise for Marine Environ-
mental Response (referred to in this section as the ‘‘Cen-
ter of Expertise’’) in accordance with section 313 of title 
14, United States Code. 
(b) LOCATION.—The Center of Expertise shall be lo-
cated in close proximity to— 
(1) an area of the country with quick access to 
State, Federal, and international waters, port and 
marine environments, coastal and estuary environ-
ments, and the intercoastal waterway; 
(2) multiple Coast Guard sea and air stations;
3499 
(3) multiple Federal agencies that are engaged 
in coastal and fisheries management; 
(4) one or more designated national estuaries; 
(5) State coastal and wildlife management 
agencies; and 
(6) an institution of higher education with ade-
quate marine science search laboratory facilities and 
capabilities and expertise in coastal marine ecology, 
ecosystems, environmental chemistry, fish and wild-
life management, coastal mapping, water resources, 
and marine technology development. 
(c) FUNCTIONS.—The Center of Expertise shall— 
(1) monitor and assess, on an ongoing basis, 
the state of knowledge regarding training, education, 
and technology development for marine environ-
mental response protocols in State, Federal, and 
international waters, port and marine environments, 
coastal and estuary environments, and the inter-
coastal waterway; 
(2) identify any significant gaps in research re-
lated to marine environmental response protocols, in-
cluding an assessment of major scientific or techno-
logical deficiencies in responses to past incidents in 
these waterways that are interconnected, and seek to 
fill such gaps;
3500 
(3) conduct research, development, testing, and 
evaluation for marine environmental response equip-
ment, technologies, and techniques to mitigate and 
respond to environmental incidents in these water-
ways; 
(4) educate and train Federal, State, and local 
first responders in— 
(A) the incident command system struc-
ture; 
(B) marine environmental response tech-
niques and strategies; and 
(C) public affairs; and 
(5) work with academic and private sector re-
sponse training centers to develop and standardize 
marine environmental response training and tech-
niques. 
(d) MARINE
ENVIRONMENTAL
RESPONSE
DE-
FINED.—In this section, the term ‘‘marine environmental 
response’’ means any response to incidents that— 
(1) impacts— 
(A) the marine environment of State, Fed-
eral or international waterways; 
(B) port and marine environments; 
(C) coastal and estuary environments; or 
(D) the intercoastal waterway; and
3501 
(2) promotes— 
(A) the protection and conservation of the 
marine environment; 
(B) the health of fish, animal populations, 
and endangered species; and 
(C) the resilience of coastal ecosystems and 
infrastructure. 
SEC. 515. PROHIBITION ON ENTRY AND OPERATION. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, during the period in which Ex-
ecutive Order 14065 (87 Fed. Reg. 10293, relating 
to blocking certain Russian property or trans-
actions), or any successor Executive Order is in ef-
fect, no vessel described in subsection (b) may enter 
or operate in the navigable waters of the United 
States or transfer cargo in any port or place under 
the jurisdiction of the United States. 
(2) LIMITATIONS ON APPLICATION.—— 
(A) IN GENERAL.—The prohibition under 
paragraph (1) shall not apply with respect to 
vessel described in subsection (b) if the Sec-
retary of State determines that—
3502 
(i) the vessel is owned or operated by 
a Russian national or operated by the gov-
ernment of the Russian Federation; and 
(ii) it is in the national security inter-
est not to apply the prohibition to such 
vessel. 
(B) NOTICE.—Not later than 15 days 
after making a determination under subpara-
graph (A), the Secretary of State shall submit 
to the Committee on Foreign Affairs and the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Foreign Relations and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate written notice of the deter-
mination and the basis upon which the deter-
mination was made. 
(C) 
PUBLICATION.—The 
Secretary 
of 
State shall publish a notice in the Federal Reg-
ister of each determination made under sub-
paragraph (A). 
(b) VESSELS DESCRIBED.—A vessel referred to in 
subsection (a) is a vessel owned or operated by a Russian 
national or operated by the government of the Russian 
Federation.
3503 
(c) INFORMATION
AND PUBLICATION.—The Sec-
retary of the department in which the Coast Guard is op-
erating, with the concurrence of the Secretary of State, 
shall— 
(1) maintain timely information on the registra-
tions of all foreign vessels owned or operated by or 
on behalf of the Government of the Russian Federa-
tion, a Russian national, or a entity organized under 
the laws of the Russian Federation or any jurisdic-
tion within the Russian Federation; and 
(2) periodically publish in the Federal Register 
a list of the vessels described in paragraph (1). 
(d) NOTIFICATION OF GOVERNMENTS.— 
(1) IN GENERAL.—The Secretary of State shall 
notify each government, the agents or instrumental-
ities of which are maintaining a registration of a for-
eign vessel that is included on a list published under 
subsection (c)(2), not later than 30 days after such 
publication, that all vessels registered under such 
government’s authority are subject to subsection (a). 
(2) ADDITIONAL NOTIFICATION.—In the case of 
a government that continues to maintain a registra-
tion for a vessel that is included on such list after 
receiving an initial notification under paragraph (1), 
the Secretary shall issue an additional notification to
3504 
such government not later than 120 days after the 
publication of a list under subsection (c)(2). 
(e) NOTIFICATION OF VESSELS.—Upon receiving a 
notice of arrival under section 70001(a)(5) of title 46, 
United States Code, from a vessel described in subsection 
(b), the Secretary of the department in which the Coast 
Guard is operating shall notify the master of such vessel 
that the vessel may not enter or operate in the navigable 
waters of the United States or transfer cargo in any port 
or place under the jurisdiction of the United States, un-
less— 
(1) the Secretary of State has made a deter-
mination under subsection (a)(2); or 
(2) the Secretary of the department in which 
the Coast Guard is operating allows provisional 
entry of the vessel, or transfer of cargo from the ves-
sel, under subsection (f). 
(f) PROVISIONAL ENTRY OR CARGO TRANSFER.— 
Notwithstanding any other provision of this section, the 
Secretary of the department in which the Coast Guard is 
operating may allow provisional entry of, or transfer of 
cargo from, a vessel, if such entry or transfer is necessary 
for the safety of the vessel or persons aboard.
3505 
SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE. 
The Commandant of the Coast Guard shall take such 
actions as are necessary to implement any recommenda-
tions for the St. Lucie River railroad bridge made by the 
Coast Guard in the document titled ‘‘Waterways Analysis 
and Management System for Intracoastal Waterway Miles 
925-1005 (WAMS #07301)’’ published by Coast Guard 
Sector Miami in 2018. 
SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS. 
(a) MARITIME ENVIRONMENTAL
AND TECHNICAL 
ASSISTANCE PROGRAM.—Section 50307(b) of title 46, 
United States Code, is amended— 
(1) in paragraph (1)(D) by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2) by striking the period and 
insert ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) technologies that quantifiably reduce un-
derwater noise from marine vessels, including noise 
produced incidental to the propulsion of marine ves-
sels.’’. 
(b) ASSISTANCE TO REDUCE IMPACTS OF VESSEL 
STRIKES AND NOISE ON MARINE MAMMALS.— 
(1) IN
GENERAL.—Chapter 541 of title 46, 
United States Code, is amended by adding at the 
end the following:
3506 
‘‘§ 54102. Assistance to reduce impacts of vessel 
strikes and noise on marine mammals 
‘‘(a) IN GENERAL.—The Administrator of the Mari-
time Administration, in coordination with the Secretary 
of the department in which the Coast Guard is operating, 
may make grants to, or enter into contracts or cooperative 
agreements with, academic, public, private, and non-
governmental entities to develop and implement mitigation 
measures that will lead to a quantifiable reduction in— 
‘‘(1) impacts to marine mammals from vessels; 
and 
‘‘(2) underwater noise from vessels, including 
noise produced incidental to the propulsion of ves-
sels. 
‘‘(b) ELIGIBLE USE.—Assistance under this section 
may be used to develop, assess, and carry out activities 
that reduce threats to marine mammals by— 
‘‘(1) reducing— 
‘‘(A) stressors related to vessel traffic; and 
‘‘(B) vessel strike mortality, and serious 
injury; or 
‘‘(2) monitoring— 
‘‘(A) sound; and 
‘‘(B) vessel interactions with marine mam-
mals.
3507 
‘‘(c) PRIORITY.—The Administrator shall prioritize 
assistance under this section for projects that— 
‘‘(1) is based on the best available science on 
methods to reduce threats related to vessels traffic; 
‘‘(2) collect data on the reduction of such 
threats; 
‘‘(3) reduce— 
‘‘(A) disturbances from vessel presence; 
‘‘(B) mortality risk; or 
‘‘(C) serious injury from vessel strikes; or 
‘‘(4) conduct risk assessments, or tracks 
progress toward threat reduction. 
‘‘(d) BRIEFING.—The Administrator shall provide to 
the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate, an an-
nual briefing that includes the following: 
‘‘(1) The name and location of each entity re-
ceiving a grant under this section. 
‘‘(2) The amount of each such grant. 
‘‘(3) A description of the activities carried out 
with assistance provided under this section. 
‘‘(4) An estimate of the impact that a project 
carried out with such assistance has on the reduc-
tion of threats to marine mammals.
3508 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Administrator to 
carry out this section $10,000,000 for each of fiscal years 
2022 through 2026, to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 541 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘54102. Assistance to reduce impacts of vessel strikes and noise on marine 
mammals.’’. 
(c) NEAR REAL-TIME MONITORING AND MITIGATION 
PROGRAM FOR LARGE WHALES.— 
(1) IN GENERAL.—Part of A of subtitle V of 
title 46, United States Code, is amended by adding 
at the end the following: 
‘‘CHAPTER 507—MONITORING AND 
MITIGATION 
‘‘Sec. 
‘‘50701. Near real-time monitoring and mitigation program for large whales. 
‘‘50702. Pilot project. 
‘‘§ 50701. Near real-time monitoring and mitigation 
program for large whales 
‘‘(a) ESTABLISHMENT.—The Administrator of the 
Maritime Administration, in consultation with the Com-
mandant of the Coast Guard, shall design and deploy a 
near real-time large whale monitoring and mitigation pro-
gram (in this section referred to as the Program) informed 
by the technologies, monitoring methods, and mitigation
3509 
protocols developed pursuant to the pilot program required 
under section 50702. 
‘‘(b) PURPOSE.—The purpose of the Program will be 
to reduce the risk to large whales of vessel collisions and 
to minimize other impacts. 
‘‘(c) REQUIREMENTS.—In designing and deploying 
the Program, the Administrator shall— 
‘‘(1) prioritize species of large whales for which 
vessel collision impacts are of particular concern; 
‘‘(2) prioritize areas where such vessel impacts 
are of particular concern; 
‘‘(3) develop technologies capable of detecting 
and alerting individuals and enforcement agencies of 
the probable location of large whales on a near real- 
time basis, to include real time data whenever pos-
sible; 
‘‘(4) inform sector-specific mitigation protocols 
to effectively reduce takes of large whales; and 
‘‘(5) integrate technology improvements as such 
improvements become available. 
‘‘(d) AUTHORITY.—The Administrator may make 
grants or enter into and contracts, leases, or cooperative 
agreements as may be necessary to carry out the purposes 
of this section on such terms as the Administrator con-
3510 
siders appropriate, consistent with Federal acquisition 
regulations. 
‘‘§ 50702. Pilot project 
‘‘(a) ESTABLISHMENT.—The Administrator of the 
Maritime Administration shall carry out a pilot monitoring 
and mitigation project for North Atlantic right whales (in 
this section referred to as the ‘Pilot Program’) for pur-
poses of informing a cost-effective, efficient, and results- 
oriented near real-time monitoring and mitigation pro-
gram for large whales under 50701. 
‘‘(b) PILOT PROJECT REQUIREMENTS.—In carrying 
out the pilot program, the Administrator, in coordination 
with the Commandant of the Coast Guard, using best 
available scientific information, shall identify and ensure 
coverage of— 
‘‘(1) core foraging habitats of North Atlantic 
right whales, including— 
‘‘(A) the South of the Islands core foraging 
habitat; 
‘‘(B) the Cape Cod Bay Area core foraging 
habitat; 
‘‘(C) the Great South Channel core for-
aging habitat; and 
‘‘(D) the Gulf of Maine; and
3511 
‘‘(2) important feeding, breeding, calving, 
rearing, or migratory habitats of North Atlantic 
right whales that co-occur with areas of high risk of 
mortality, serious injury, or other impacts to such 
whales, including from vessels or vessel strikes. 
‘‘(c) PILOT PROJECT COMPONENTS.— 
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of the Don Young Coast 
Guard Authorization Act of 2022, the Adminis-
trator, in consultation with the Commandant, Tribal 
governments, and with input from affected stake-
holders, shall design and deploy a near real-time 
monitoring system for North Atlantic right whales 
that— 
‘‘(A) comprises the best available detection 
and survey technologies to detect North Atlan-
tic right whales within core foraging habitats; 
‘‘(B) uses dynamic habitat suitability mod-
els to inform the likelihood of North Atlantic 
right whale occurrence in core foraging habitat 
at any given time; 
‘‘(C) coordinates with the Integrated 
Ocean Observing System and Coast Guard ves-
sel traffic service centers, and may coordinate
3512 
with Regional Ocean Partnerships to leverage 
monitoring assets; 
‘‘(D) integrates historical data; 
‘‘(E) integrates new near real-time moni-
toring methods and technologies as they become 
available; 
‘‘(F) accurately verifies and rapidly com-
municates detection data; 
‘‘(G) creates standards for allowing ocean 
users to contribute data to the monitoring sys-
tem using comparable near real-time monitoring 
methods and technologies; and 
‘‘(H) communicates the risks of injury to 
large whales to ocean users in a way that is 
most likely to result in informed decision mak-
ing regarding the mitigation of those risks. 
‘‘(2) NATIONAL SECURITY CONSIDERATIONS.— 
All monitoring methods, technologies, and protocols 
under this section shall be consistent with national 
security considerations and interests. 
‘‘(3) ACCESS
TO
DATA.—The Administrator 
shall provide access to data generated by the moni-
toring system deployed under paragraph (1) for pur-
poses of scientific research and evaluation, and pub-
lic awareness and education, including through the
3513 
NOAA Right Whale Sighting Advisory System and 
WhaleMap or other successive public web portals, 
subject to review for national security consider-
ations. 
‘‘(d) MITIGATION PROTOCOLS.—The Administrator, 
in consultation with the Commandant, and with input 
from affected stakeholders, develop and deploy mitigation 
protocols that make use of the near real-time monitoring 
system deployed under subsection (c) to direct sector-spe-
cific mitigation measures that avoid and significantly re-
duce risk of serious injury and mortality to North Atlantic 
right whales. 
‘‘(e) REPORTING.— 
‘‘(1) PRELIMINARY REPORT.—Not later than 2 
years after the date of the enactment of the Don 
Young Coast Guard Authorization Act of 2022, the 
Administrator, in consultation with the Com-
mandant, shall submit to the appropriate Congres-
sional Committees and make available to the public 
a preliminary report which shall include— 
‘‘(A) a description of the monitoring meth-
ods and technology in use or planned for de-
ployment; 
‘‘(B) analyses of the efficacy of the meth-
ods and technology in use or planned for de-
3514 
ployment for detecting North Atlantic right 
whales; 
‘‘(C) how the monitoring system is directly 
informing and improving North American right 
whale management, health, and survival; 
‘‘(D) a prioritized identification of tech-
nology or research gaps; 
‘‘(E) a plan to communicate the risks of 
injury to large whales to ocean users in a way 
that is most likely to result in informed decision 
making regarding the mitigation of those risks; 
and 
‘‘(F) additional information, as appro-
priate. 
‘‘(2) FINAL REPORT.—Not later than 6 years 
after the date of the enactment of the Don Young 
Coast Guard Authorization Act of 2022, the Admin-
istrator, in consultation with the Commandant, shall 
submit to the appropriate congressional committees 
and make available to the public a final report, ad-
dressing the components in subparagraph (A) and 
including— 
‘‘(A) an assessment of the benefits and ef-
ficacy of the near real-time monitoring and 
mitigation program;
3515 
‘‘(B) a strategic plan to expand the pilot 
program to provide near real-time monitoring 
and mitigation measures; 
‘‘(i) to additional large whale species 
of concern for which such measures would 
reduce risk of serious injury or death; and 
‘‘(ii) in important feeding, breeding, 
calving, rearing, or migratory habitats of 
whales that co-occur with areas of high 
risk of mortality or serious injury of such 
whales from vessel strikes or disturbance; 
‘‘(C) a prioritized plan for acquisition, de-
ployment, and maintenance of monitoring tech-
nologies; 
‘‘(D) the locations or species for which the 
plan would apply; and 
‘‘(E) a budget and description of funds 
necessary to carry out the strategic plan. 
‘‘(f) ADDITIONAL AUTHORITY.—The Administrator 
may make grants enter into contracts, leases, or coopera-
tive agreements as may be necessary to carry out the pur-
poses of this section on such terms as the Administrator 
considers appropriate, consistent with Federal acquisition 
regulations.
3516 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Administrator to 
carry out this section $17,000,000 for each of fiscal years 
2022 through 2026. 
‘‘(h) DEFINITIONS.—In this section and section 
50701: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means the Committee Transportation and 
Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate. 
‘‘(2) CORE
FORAGING
HABITATS.—The term 
‘core foraging habitats’ means areas with biological 
and physical oceanographic features that aggregate 
Calanus finmarchicus and where North Atlantic 
right whales foraging aggregations have been well 
documented. 
‘‘(3) NEAR REAL-TIME.—The term ‘near real- 
time’ means detected activity that is visual, acoustic, 
or in any other form, of North Atlantic right whales 
that are transmitted and reported as soon as tech-
nically feasible after such detected activity has oc-
curred.
3517 
‘‘(4) LARGE WHALE.—The term ‘large whale’ 
means all Mysticeti species and species within the 
genera Physeter and Orcinus.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters for subtitle V of title 46, United States 
Code is amended by adding after the item related to 
chapter 505 the following: 
‘‘507. Monitoring and Mitigation ................................................50701’’. 
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR 
CERTAIN VESSELS, VEHICLES, AND STRUC-
TURES. 
(a) AUTHORIZATION
OF
LIMITED
EXEMPTIONS 
FROM MANNING AND CREW REQUIREMENT.—Chapter 81 
of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘§ 8108. Exemptions from manning and crew require-
ments 
‘‘(a) IN GENERAL.—The Secretary may provide an 
exemption described in subsection (b) to the owner or op-
erator of a covered facility if each individual who is man-
ning or crewing the covered facility is— 
‘‘(1) a citizen of the United States; 
‘‘(2) an alien lawfully admitted to the United 
States for permanent residence; or 
‘‘(3) a citizen of the nation under the laws of 
which the vessel is documented.
3518 
‘‘(b) REQUIREMENTS FOR ELIGIBILITY FOR EXEMP-
TION.—An exemption under this subsection is an exemp-
tion from the regulations established pursuant to section 
30(a)(3) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1356(a)(3)). 
‘‘(c) LIMITATIONS.—An exemption under this sec-
tion— 
‘‘(1) shall provide that the number of individ-
uals manning or crewing the covered facility who are 
described in paragraphs (2) and (3) of subsection 
(a) may not exceed two and one- half times the 
number of individuals required to man or crew the 
covered facility under the laws of the nation under 
the laws of which the covered facility is documented; 
and 
‘‘(2) shall be effective for not more than 12 
months, but may be renewed by application to and 
approval by the Secretary. 
‘‘(d) APPLICATION.—To be eligible for an exemption 
or a renewal of an exemption under this section, the owner 
or operator of a covered facility shall apply to the Sec-
retary with an application that includes a sworn statement 
by the applicant of all information required for the 
issuance of the exemption. 
‘‘(e) REVOCATION.—
3519 
‘‘(1) IN GENERAL.—The Secretary— 
‘‘(A) may revoke an exemption for a cov-
ered facility under this section if the Secretary 
determines that information provided in the ap-
plication for the exemption was false or incom-
plete, or is no longer true or complete; and 
‘‘(B) shall immediately revoke such an ex-
emption if the Secretary determines that the 
covered facility, in the effective period of the ex-
emption, was manned or crewed in a manner 
not authorized by the exemption. 
‘‘(2) NOTICE REQUIRED.—The Secretary shall 
provides notice of a determination under subpara-
graph (A) or (B) of paragraph (1) to the owner or 
operator of the covered facility. 
‘‘(f) REVIEW OF COMPLIANCE.—The Secretary shall 
periodically, but not less than once annually, inspect each 
covered facility that operates under an exemption under 
this section to verify the owner or operator of the covered 
facility’s compliance with the exemption. During an in-
spection under this subsection, the Secretary shall require 
all crew members serving under the exemption to hold a 
valid transportation security card issued under section 
70105.
3520 
‘‘(g) PENALTY.—In addition to revocation under sub-
section (e), the Secretary may impose on the owner or op-
erator of a covered facility a civil penalty of $10,000 per 
day for each day the covered facility— 
‘‘(1) is manned or crewed in violation of an ex-
emption under this subsection; or 
‘‘(2) operated under an exemption under this 
subsection that the Secretary determines was not 
validly obtained. 
‘‘(h) NOTIFICATION OF SECRETARY OF STATE.—The 
Secretary shall notify the Secretary of State of each ex-
emption issued under this section, including the effective 
period of the exemption. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COVERED FACILITY.—The term ‘covered 
facility’ means any vessel, rig, platform, or other ve-
hicle or structure, over 50 percent of which is owned 
by citizens of a foreign nation or with respect to 
which the citizens of a foreign nation have the right 
effectively to control, except to the extent and to the 
degree that the President determines that the gov-
ernment of such foreign nation or any of its political 
subdivisions has implemented, by statute, regulation, 
policy, or practice, a national manning requirement 
for equipment engaged in the exploring for, devel-
3521 
oping, or producing resources, including non-mineral 
energy resources in its offshore areas. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the department in which the Coast 
Guard is operating.’’. 
(b) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a 
report containing information on each letter of non-
applicability of section 8109 of title 46, United 
States Code, with respect to a covered facility that 
was issued by the Secretary during the preceding 
year. 
(2) CONTENTS.—The report under paragraph 
(1) shall include, for each covered facility— 
(A) the name and International Maritime 
Organization number; 
(B) the nation in which the covered facility 
is documented; 
(C) the nationality of owner or owners; and 
(D) for any covered facility that was pre-
viously issued a letter of nonapplicability in a 
prior year, any changes in the information de-
scribed in subparagraphs (A) through (C).
3522 
(c) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pro-
mulgate regulations that specify the documentary and 
other requirements for the issuance of an exemption under 
the amendment made by this section. 
(d) EXISTING EXEMPTIONS.— 
(1) 
EFFECT
OF
AMENDMENTS; 
TERMI-
NATION.—Each exemption under section 30(c)(2) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1356(c)(2)) issued before the date of the enactment 
of this Act— 
(A) shall not be affected by the amend-
ments made by this section during the 120-day 
period beginning on the date of the enactment 
of this Act; and 
(B) shall not be effective after such period. 
(2) NOTIFICATION
OF
HOLDERS.—Not later 
than 60 days after the date of the enactment of this 
Act, the Secretary shall notify all persons that hold 
such an exemption that it will expire as provided in 
paragraph (1). 
(e) CLERICAL AMENDMENT.—The analysis for chap-
ter 81 of the title 46, United States Code, is amended 
by adding at the end the following: 
‘‘8108. Exemptions from manning and crew requirements.’’.
3523 
TITLE VI—SEXUAL ASSAULT AND 
SEXUAL HARASSMENT PRE-
VENTION AND RESPONSE 
SEC. 601. DEFINITIONS. 
(a) IN GENERAL.—Section 2101 of title 46, United 
States Code, is amended— 
(1) by redesignating paragraphs (45) through 
(54) as paragraphs (47) through (56), respectively; 
and 
(2) by inserting after paragraph (44) the fol-
lowing: 
‘‘(45) ‘sexual assault’ means any form of abuse 
or contact as defined in chapter 109A of title 18, or 
a substantially similar State, local, or Tribal offense. 
‘‘(46) ‘sexual harassment’ means— 
‘‘(A) conduct that— 
‘‘(i) involves unwelcome sexual ad-
vances, requests for sexual favors, or delib-
erate or repeated offensive comments or 
gestures of a sexual nature if any— 
‘‘(I) submission to such conduct 
is made either explicitly or implicitly a 
term or condition of employment, pay, 
career, benefits, or entitlements of the 
individual;
3524 
‘‘(II) submission to, or rejection, 
of such conduct by an individual is 
used as a basis for decisions affecting 
that individual’s job, pay, career, ben-
efits, or entitlements; 
‘‘(III) such conduct has the pur-
pose or effect of unreasonably inter-
fering with an individual’s work per-
formance or creates an intimidating, 
hostile, or offensive work environment; 
or 
‘‘(IV) conduct may have been by 
an individual’s supervisor, a super-
visor in another area, a co-worker, or 
another credentialed mariner; and 
‘‘(ii) is so severe or pervasive that a 
reasonable person would perceive, and the 
victim does perceive, the environment as 
hostile or offensive; 
‘‘(B) any use or condonation associated 
with first-hand or personal knowledge, by any 
individual in a supervisory or command posi-
tion, of any form of sexual behavior to control, 
influence, or affect the career, pay, benefits, en-
titlements, or employment of a subordinate; and
3525 
‘‘(C) any deliberate or repeated unwelcome 
verbal comment or gesture of a sexual nature 
by any fellow employee of the complainant.’’. 
(b) REPORT.—The Commandant of the Coast Guard 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report describing any changes the Commandant 
may propose to the definitions added by the amendments 
in subsection (a). 
SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR 
DENIAL. 
(a) IN GENERAL.—Chapter 75 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 7511. Convicted sex offender as grounds for denial 
‘‘(a) SEXUAL ABUSE.—A license, certificate of reg-
istry, or merchant mariner’s document authorized to be 
issued under this part shall be denied to an individual who 
has been convicted of a sexual offense prohibited under 
chapter 109A of title 18, except for subsection (b) of sec-
tion 2244 of title 18, or a substantially similar State, local, 
or Tribal offense. 
‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi-
cate of registry, or merchant mariner’s document author-
3526 
ized to be issued under this part may be denied to an indi-
vidual who within 5 years before applying for the license, 
certificate, or document, has been convicted of a sexual 
offense prohibited under subsection (b) of section 2244 of 
title 18, or a substantially similar State, local, or Tribal 
offense.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 75 of title 46, United States Code, is amended by add-
ing at the end the following: 
‘‘7511. Convicted sex offender as grounds for denial.’’. 
SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 
GROUNDS FOR SUSPENSION OR REVOCA-
TION. 
(a) IN GENERAL.—Chapter 77 of title 46, United 
States Code, is amended by inserting after section 7704 
the following: 
‘‘§ 7704a. Sexual harassment or sexual assault as 
grounds for suspension or revocation 
‘‘(a) SEXUAL HARASSMENT.—If it is shown at a 
hearing under this chapter that a holder of a license, cer-
tificate of registry, or merchant mariner’s document 
issued under this part, within 5 years before the beginning 
of the suspension and revocation proceedings, is the sub-
ject of an official finding of sexual harassment, then the 
license, certificate of registry, or merchant mariner’s docu-
ment may be suspended or revoked.
3527 
‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 
under this chapter that a holder of a license, certificate 
of registry, or merchant mariner’s document issued under 
this part, within 10 years before the beginning of the sus-
pension and revocation proceedings, is the subject of an 
official finding of sexual assault, then the license, certifi-
cate of registry, or merchant mariner’s document shall be 
revoked. 
‘‘(c) OFFICIAL FINDING.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘official finding’ means— 
‘‘(A) a legal proceeding or agency finding 
or decision that determines the individual com-
mitted sexual harassment or sexual assault in 
violation of any Federal, State, local, or Tribal 
law or regulation; or 
‘‘(B) a determination after an investigation 
by the Coast Guard that, by a preponderance of 
the evidence, the individual committed sexual 
harassment or sexual assault if the investiga-
tion affords appropriate due process rights to 
the subject of the investigation. 
‘‘(2) INVESTIGATION BY THE COAST GUARD.— 
An investigation by the Coast Guard under para-
graph (1)(B) shall include, at a minimum, evalua-
3528 
tion of the following materials that, upon request, 
shall be provided to the Coast Guard: 
‘‘(A) Any inquiry or determination made 
by the employer or former employer of the indi-
vidual as to whether the individual committed 
sexual harassment or sexual assault. 
‘‘(B) Any investigative materials, docu-
ments, records, or files in the possession of an 
employer or former employer of the individual 
that are related to the claim of sexual harass-
ment or sexual assault by the individual. 
‘‘(3) ADMINISTRATIVE LAW JUDGE REVIEW.— 
‘‘(A) COAST
GUARD
INVESTIGATION.—A 
determination under paragraph (1)(B) shall be 
reviewed and affirmed by an administrative law 
judge within the same proceeding as any sus-
pension or revocation of a license, certificate of 
registry, or merchant mariner’s document under 
subsection (a) or (b). 
‘‘(B) LEGAL PROCEEDING.—A determina-
tion under paragraph (1)(A) that an individual 
committed sexual harassment or sexual assault 
is conclusive in suspension and revocation pro-
ceedings.’’.
3529 
(b) CLERICAL AMENDMENT.—The chapter analysis 
of chapter 77 of title 46, United States Code, is amended 
by inserting after the item relating to section 7704 the 
following: 
‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or rev-
ocation.’’. 
SEC. 604. ACCOMMODATION; NOTICES. 
Section 11101 of title 46, United States Code, is 
amended— 
(1) in subsection (a)(3), by striking ‘‘and’’ at 
the end; 
(2) in subsection (a)(4), by striking the period 
at the end and inserting ‘‘; and’’; 
(3) in subsection (a), by adding at the end the 
following: 
‘‘(5) each crew berthing area shall be equipped 
with information regarding— 
‘‘(A) vessel owner or company policies pro-
hibiting sexual assault and sexual harassment, 
retaliation, and drug and alcohol usage; and 
‘‘(B) procedures and resources to report 
crimes, including sexual assault and sexual har-
assment, including information— 
‘‘(i) on the contact information, 
website address, and mobile application to 
the Coast Guard Investigative Services for
3530 
reporting of crimes and the Coast Guard 
National Command Center; 
‘‘(ii) on vessel owner or company pro-
cedures to report violations of company 
policy and access resources; 
‘‘(iii) on resources provided by outside 
organizations such as sexual assault hot-
lines and counseling; 
‘‘(iv) on the retention period for sur-
veillance video recording after an incident 
of sexual harassment or sexual assault is 
reported; and 
‘‘(v) additional items specified in reg-
ulations issued by, and at the discretion of, 
the Secretary of the department in which 
the Coast Guard is operating.’’; and 
(4) in subsection (d), by adding at the end the 
following: ‘‘In each washing space in a visible loca-
tion there shall be information regarding procedures 
and resources to report crimes upon the vessel, in-
cluding sexual assault and sexual harassment, and 
vessel owner or company policies prohibiting sexual 
assault and sexual harassment, retaliation, and drug 
and alcohol usage.’’.
3531 
SEC. 605. PROTECTION AGAINST DISCRIMINATION. 
Section 2114(a)(1) of title 46, United States Code, 
is amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (G) as subparagraphs (C) through (H), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the seaman in good faith has reported or 
is about to report to the vessel owner, Coast Guard 
or other appropriate Federal agency or department 
sexual harassment or sexual assault against the sea-
man or knowledge of sexual harassment or sexual 
assault against another seaman;’’. 
SEC. 606. ALCOHOL PROHIBITION. 
(a) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
the department in which the Coast Guard is oper-
ating shall, taking into account the safety and secu-
rity of every individual on documented vessels, issue 
such regulations as are necessary relating to alcohol 
consumption on documented vessels, according to 
the following requirements: 
(A) The Secretary shall determine safe lev-
els of alcohol consumption by crewmembers
3532 
aboard documented vessels engaged in commer-
cial service. 
(B) If the Secretary determines there is no 
alcohol policy that can be implemented to en-
sure a safe environment for crew and pas-
sengers, the Secretary shall implement a prohi-
bition on possession and consumption of alcohol 
by crewmembers while aboard a vessel, except 
when possession is associated with the commer-
cial sale or gift to non-crew members aboard 
the vessel. 
(C) To the extent a policy establishes safe 
levels of alcohol consumption in accordance with 
subparagraph (A), such policy shall not super-
sede a vessel owner’s discretion to further limit 
or prohibit alcohol on its vessels. 
(2) IMMUNITY
FROM
CIVIL
LIABILITY.—Any 
crewmember who reports an incident of sexual as-
sault or sexual harassment that is directly related to 
a violation of the regulations issued under paragraph 
(1) is immune from civil liability for any related vio-
lation of such regulations.
3533 
SEC. 607. SURVEILLANCE REQUIREMENTS. 
(a) IN GENERAL.—Part B of subtitle II of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 49—OCEANGOING NON- 
PASSENGER COMMERCIAL VESSELS 
‘‘Sec. 
‘‘4901. Surveillance requirements. 
‘‘§ 4901. Surveillance requirements 
‘‘(a) IN GENERAL.—A vessel engaged in commercial 
service that does not carry passengers, shall maintain a 
video surveillance system. 
‘‘(b) APPLICABILITY.—The requirements in this sec-
tion shall apply to— 
‘‘(1) documented vessels with overnight accom-
modations for at least 10 persons on board— 
‘‘(A) is on a voyage of at least 600 miles 
and crosses seaward of the Boundary Line; or 
‘‘(B) is at least 24 meters (79 feet) in 
overall length and required to have a load line 
under chapter 51; 
‘‘(2) documented vessels of at least 500 gross 
tons as measured under section 14502, or an alter-
nate tonnage measured under section 14302 as pre-
scribed by the Secretary under section 14104 on an 
international voyage; and
3534 
‘‘(3) vessels with overnight accommodations for 
at least 10 persons on board that are operating for 
no less than 72 hours on waters superjacent to the 
Outer Continental Shelf. 
‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEIL-
LANCE EQUIPMENT.— 
‘‘(1) IN GENERAL.—The owner of a vessel to 
which this section applies shall install video and 
audio surveillance equipment aboard the vessel not 
later than 2 years after enactment of the Don 
Young Coast Guard Authorization Act of 2022, or 
during the next scheduled drydock, whichever is 
later. 
‘‘(2) LOCATIONS.—Video and audio surveillance 
equipment shall be placed in passageways on to 
which doors from staterooms open. Such equipment 
shall be placed in a manner ensuring the visibility of 
every door in each such passageway. 
‘‘(d) NOTICE
OF
VIDEO
AND
AUDIO
SURVEIL-
LANCE.—The owner of a vessel to which this section ap-
plies shall provide clear and conspicuous signs on board 
the vessel notifying the crew of the presence of video and 
audio surveillance equipment. 
‘‘(e) ACCESS TO VIDEO AND AUDIO RECORDS.—
3535 
‘‘(1) IN GENERAL.—The owner of a vessel to 
which this section applies shall provide to any Fed-
eral, state, or other law enforcement official per-
forming official duties in the course and scope of a 
criminal or marine safety investigation, upon re-
quest, a copy of all records of video and audio sur-
veillance that the official believes is relevant to the 
investigation. 
‘‘(2) CIVIL ACTIONS.—Except as proscribed by 
law enforcement authorities or court order, the 
owner of a vessel to which this section applies shall, 
upon written request, provide to any individual or 
the individual’s legal representative a copy of all 
records of video and audio surveillance— 
‘‘(A) in which the individual is a subject of 
the video and audio surveillance; 
‘‘(B) the request is in conjunction with a 
legal proceeding or investigation; and 
‘‘(C) that may provide evidence of any sex-
ual harassment or sexual assault incident in a 
civil action. 
‘‘(3) LIMITED ACCESS.—The owner of a vessel 
to which this section applies shall ensure that access 
to records of video and audio surveillance is limited 
to the purposes described in this paragraph and not
3536 
used as part of a labor action against a crew mem-
ber or employment dispute unless used in a criminal 
or civil action. 
‘‘(f) RETENTION REQUIREMENTS.—The owner of a 
vessel to which this section applies shall retain all records 
of audio and video surveillance for not less than 150 days 
after the footage is obtained. Any video and audio surveil-
lance found to be associated with an alleged incident 
should be preserved for not less than 4 years from the 
date of the alleged incident. The Federal Bureau of Inves-
tigation and the Coast Guard are authorized access to all 
records of video and audio surveillance relevant to an in-
vestigation into criminal conduct. 
‘‘(g) DEFINITION.—In this section, the term ‘owner’ 
means the owner, charterer, managing operator, master, 
or other individual in charge of a vessel. 
‘‘(h) EXEMPTION.—Fishing vessels, fish processing 
vessels, and fish tender vessels are exempt from this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for subtitle II of title 46, United States Code, is amended 
by adding after the item related to chapter 47 the fol-
lowing: 
‘‘49. Oceangoing Non-Passenger Commercial Vessels ........ 4901’’.
3537 
SEC. 608. MASTER KEY CONTROL. 
(a) IN GENERAL.—Chapter 31 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3106. Master key control system 
‘‘(a) IN GENERAL.—The owner of a vessel subject to 
inspection under section 3301 shall— 
‘‘(1) ensure that such vessel is equipped with a 
vessel master key control system, manual or elec-
tronic, which provides controlled access to all copies 
of the vessel’s master key of which access shall only 
be available to the individuals described in para-
graph (2); 
‘‘(2) establish a list of all crew, identified by po-
sition, allowed to access and use the master key and 
maintain such list upon the vessel, within owner 
records and included in the vessel safety manage-
ment system; 
‘‘(3) record in a log book information on all ac-
cess and use of the vessel’s master key, including— 
‘‘(A) dates and times of access; 
‘‘(B) the room or location accessed; and 
‘‘(C) the name and rank of the crew mem-
ber that used the master key; and 
‘‘(4) make the list under paragraph (2) and the 
log book under paragraph (3) available upon request
3538 
to any agent of the Federal Bureau of Investigation, 
any member of the Coast Guard, and any law en-
forcement officer performing official duties in the 
course and scope of an investigation. 
‘‘(b) PROHIBITED USE.—Crew not included on the 
list described in subsection (a)(2) shall not have access 
to or use the master key unless in an emergency and shall 
immediately notify the master and owner of the vessel fol-
lowing use of such key. 
‘‘(c) REQUIREMENTS FOR LOG BOOK.—The log book 
described in subsection (a)(3) and required to be included 
in 
a 
safety 
management 
system 
under 
section 
3203(a)(6)— 
‘‘(1) may be electronic; and 
‘‘(2) shall be located in a centralized location 
that is readily accessible to law enforcement per-
sonnel. 
‘‘(d) PENALTY.—Any crew member who uses the 
master key without having been granted access pursuant 
to subsection (a)(2) shall be liable to the United States 
Government for a civil penalty of not more than $1,000 
and may be subject to suspension or revocation under sec-
tion 7703. 
‘‘(e) EXEMPTION.—This section shall not apply to 
vessels subject to section 3507(f).’’.
3539 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 31 of title 46, United States Code, is amended by add-
ing at the end the following: 
‘‘3106. Master key control system.’’. 
SEC. 609. SAFETY MANAGEMENT SYSTEMS. 
Section 3203 of title 46, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (5) and 
(6) as paragraphs (7) and (8); and 
(B) by inserting after paragraph (4) the 
following: 
‘‘(5) with respect to sexual harassment and sex-
ual assault, procedures for, and annual training re-
quirements for all shipboard personnel on— 
‘‘(A) prevention; 
‘‘(B) bystander intervention; 
‘‘(C) reporting; 
‘‘(D) response; and 
‘‘(E) investigation; 
‘‘(6) the log book required under section 
3106;’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing:
3540 
‘‘(b) 
PROCEDURES
AND
TRAINING
REQUIRE-
MENTS.—In prescribing regulations for the procedures 
and training requirements described in subsection (a)(5), 
such procedures and requirements shall be consistent with 
the requirements to report sexual harassment or sexual 
assault under section 10104.’’. 
SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT 
AND HARASSMENT. 
Section 10104 of title 46, United States Code, is 
amended by striking subsections (a) and (b) and inserting 
the following: 
‘‘(a) MANDATORY REPORTING BY CREW MEMBER.— 
‘‘(1) IN GENERAL.—A crew member of a docu-
mented vessel shall report to the Secretary any com-
plaint or incident of sexual harassment or sexual as-
sault of which the crewmember has first-hand or 
personal knowledge. 
‘‘(2) PENALTY.—A crew member with first- 
hand or personal knowledge of a sexual assault or 
sexual harassment incident on a documented vessel 
who knowingly fails to report in compliance with 
paragraph (a)(1) is liable to the United States Gov-
ernment for a civil penalty of not more than $5,000. 
‘‘(3) AMNESTY.—A crew member who fails to 
make the required reporting under paragraph (1)
3541 
shall not be subject to the penalty described in para-
graph (2) if— 
‘‘(A) the crew member is the victim of such 
sexual assault or sexual harassment incident; 
‘‘(B) the complaint is shared in confidence 
with the crew member directly from the victim; 
or 
‘‘(C) the crew member is a victim advocate 
as defined in section 40002(a) of the Violent 
Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12291(a)). 
‘‘(b) MANDATORY REPORTING BY VESSEL OWNER.— 
‘‘(1) IN
GENERAL.—A vessel owner or man-
aging operator of a documented vessel or the em-
ployer of a seafarer on that vessel shall report to the 
Secretary any complaint or incident of harassment, 
sexual harassment, or sexual assault in violation of 
employer policy or law, of which such vessel owner 
or managing operator of a vessel engaged in com-
mercial service, or the employer of the seafarer is 
made aware. Such reporting shall include results of 
any investigation into the incident, if applicable, and 
any action taken against the offending crewmember. 
‘‘(2) PENALTY.—A vessel owner or managing 
operator of a vessel engaged in commercial service,
3542 
or the employer of a seafarer on that vessel who 
knowingly fails to report in compliance with para-
graph (1) is liable to the United States Government 
for a civil penalty of not more than $25,000. 
‘‘(c) REPORTING PROCEDURES.— 
‘‘(1) CREW MEMBER REPORTING.—A report re-
quired under subsection (a)— 
‘‘(A) with respect to a crew member, shall 
be made as soon as practicable, but no later 
than 10 days after the crew member develops 
first-hand or personal knowledge of the sexual 
assault or sexual harassment incident to the 
Coast Guard National Command Center by the 
fastest telecommunication channel available; 
and 
‘‘(B) with respect to a master, shall be 
made immediately after the master develops 
first-hand or personal knowledge of a sexual as-
sault incident to the Coast Guard National 
Command Center by the fastest telecommuni-
cation channel available. 
‘‘(2) VESSEL OWNER REPORTING.—A report re-
quired under subsection (b) shall be made imme-
diately after the vessel owner, managing operator, or 
employer of the seafarer gains knowledge of a sexual
3543 
assault or sexual harassment incident by the fastest 
telecommunication channel available, and such re-
port shall be made to the Coast Guard National 
Command Center and to— 
‘‘(A) the nearest Coast Guard Captain of 
the Port; or 
‘‘(B) the appropriate officer or agency of 
the government of the country in whose waters 
the incident occurs. 
‘‘(3) CONTENTS.—A report required under sub-
sections (a) and (b) shall include, to the best of the 
reporter’s knowledge— 
‘‘(A) the name, official position or role in 
relation to the vessel, and contact information 
of the individual making the report; 
‘‘(B) the name and official number of the 
documented vessel; 
‘‘(C) the time and date of the incident; 
‘‘(D) the geographic position or location of 
the vessel when the incident occurred; and 
‘‘(E) a brief description of the alleged sex-
ual harassment or sexual assault being re-
ported. 
‘‘(4) INFORMATION COLLECTION.—After receipt 
of the report made under this subsection, the Coast