Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Personnel
and Maritime Safety Act of 2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—PERSONNEL MANAGEMENT
Sec. 101. Coast Guard band director rank.
Sec. 102. Compensatory absence for isolated duty.
Sec. 103. Accelerated promotion of certain Coast Guard officers.
TITLE II—MARINE SAFETY
Sec. 201. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radio-
telephone Act.
Sec. 202. Preservation of certain reporting requirements.
Sec. 203. Oil Spill Liability Trust Fund; emergency fund borrowing authority.
Sec. 204. Merchant mariner documentation requirements.
Sec. 205. Penalties for negligent operations and interfering with safe operation.
TITLE III—RENEWAL OF ADVISORY GROUPS
Sec. 301. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 302. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 303. Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Navigation Safety Advisory Council.
Sec. 305. National boating safety advisory council.
Sec. 306. Towing Safety Advisory Committee.
TITLE IV—MISCELLANEOUS
Sec. 401. Patrol craft.
Sec. 402. Clarification of Coast Guard authority to control vessels in territorial
waters of the United States.
Sec. 403. Caribbean support tender.
Sec. 404. Prohibition of new maritime user fees.
Sec. 405. Great Lakes lighthouses.
Sec. 406. Coast Guard report on implementation of NTSB recommendations.
Sec. 407. Conveyance of Coast Guard property in Portland, Maine.
Sec. 408. Harbor safety committees.
Sec. 409. Miscellaneous conveyances.
Sec. 410. Partnerships for performance of work at Coast Guard Yard.
Sec. 411. Boating safety.
TITLE I—PERSONNEL
MANAGEMENT
SEC. 101. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is
amended by striking ‘‘commander’’ and inserting ‘‘cap-
tain’’.
SEC. 102. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) IN GENERAL.—Section 511 of title 14, United
States Code, is amended to read as follows:
‘‘§ 511. Compensatory absence from duty for military
personnel at isolated duty stations
‘‘The Secretary may grant compensatory absence
from duty to military personnel of the Coast Guard serv-
ing at isolated duty stations of the Coast Guard when con-
ditions of duty result in confinement because of isolation
or in long periods of continuous duty.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis
for chapter 13 of title 14, United States Code, is amended
by striking the item relating to section 511 and inserting
the following:
‘‘511. Compensatory absence from duty for military personnel at isolated duty
stations.’’.
SEC. 103. ACCELERATED PROMOTION OF CERTAIN COAST
GUARD OFFICERS.
Title 14, United States Code, is amended—
(1) in section 259, by adding at the end a new
subsection (c) to read as follows:
‘‘(c)(1) After selecting the officers to be rec-
ommended for promotion, a selection board may rec-
ommend officers of particular merit, from among those of-
ficers chosen for promotion, to be placed at the top of the
list of selectees promulgated by the Secretary under sec-
tion 271(a) of this title. The number of officers that a
board may recommend to be placed at the top of the list
of selectees may not exceed the percentages set forth in
subsection (b) unless such a percentage is a number less
than one, in which case the board may recommend one
officer for such placement. No officer may be rec-
ommended to be placed at the top of the list of selectees
unless he or she receives the recommendation of at least
a majority of the members of a board composed of five
members, or at least two-thirds of the members of a board
composed of more than five members.
‘‘(2) The Secretary shall conduct a survey of the
Coast Guard officer corps to determine if implementation
of this subsection will improve Coast Guard officer reten-
tion. A selection board may not make any recommendation
under this subsection before the date on which the Sec-
retary publishes a finding, based upon the results of the
survey, that implementation of this subsection will im-
prove Coast Guard officer retention.
‘‘(3) The Secretary shall submit any finding made by
the Secretary pursuant to paragraph (2) to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.’’;
(2) in section 260(a), by inserting ‘‘and the
names of those officers recommended to be advanced
to the top of the list of selectees established by the
Secretary under section 271(a) of this title’’ after
‘‘promotion’’; and
(3) in section 271(a), by inserting at the end
thereof the following: ‘‘The names of all officers ap-
proved by the President and recommended by the
board to be placed at the top of the list of selectees
shall be placed at the top of the list of selectees in
the order of seniority on the active duty promotion
list.’’.
TITLE II—MARINE SAFETY
SEC. 201. EXTENSION OF TERRITORIAL SEA FOR VESSEL
BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radio-
telephone Act (33 U.S.C. 1203(b)), is amended by striking
‘‘United States inside the lines established pursuant to
section 2 of the Act of February 19, 1895 (28 Stat. 672),
as amended.’’ and inserting ‘‘United States, which in-
cludes all waters of the territorial sea of the United States
as described in Presidential Proclamation 5928 of Decem-
ber 27, 1988.’’.
SEC. 202. PRESERVATION OF CERTAIN REPORTING RE-
QUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimi-
nation and Sunset Act of 1995 (31 U.S.C. 1113 note)
does not apply to any report required to be submitted
under any of the following provisions of law:
(1) COAST GUARD OPERATIONS AND EXPENDI-
TURES.—Section 651 of title 14, United States
Code.
(2) SUMMARY
OF
MARINE
CASUALTIES
RE-
PORTED
DURING
PRIOR
FISCAL
YEAR.—Section
6307(c) of title 46, United States Code.
(3) USER
FEE
ACTIVITIES
AND
AMOUNTS.—
Section 664 of title 46, United States Code.
(4) CONDITIONS
OF
PUBLIC
PORTS
OF
THE
UNITED STATES.—Section 308(c) of title 49, United
States Code.
(5) ACTIVITIES OF FEDERAL MARITIME COM-
MISSION.—Section 208 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1118).
(6) ACTIVITIES
OF
INTERAGENCY
COORDI-
NATING
COMMITTEE
ON
OIL
POLLUTION
RE-
SEARCH.—Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 203. OIL SPILL LIABILITY TRUST FUND; EMERGENCY
FUND BORROWING AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended after the first sentence by
inserting ‘‘To the extent that such amount is not adequate
for removal of a discharge or the mitigation or prevention
of a substantial threat of a discharge, the Coast Guard
may borrow from the Fund such sums as may be nec-
essary, up to a maximum of $100,000,000, and within 30
days shall notify Congress of the amount borrowed and
the facts and circumstances necessitating the loan.
Amounts borrowed shall be repaid to the Fund when, and
to the extent that removal costs are recovered by the Coast
Guard from responsible parties for the discharge or sub-
stantial threat of discharge.’’.
SEC. 204. MERCHANT MARINER DOCUMENTATION RE-
QUIREMENTS.
(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—
Section 7302 of title 46, United States Code, is
amended—
(1) by striking ‘‘A’’ in subsection (f) and insert-
ing ‘‘Except as provided in subsection (g), a’’; and
(2) by adding at the end the following:
‘‘(g)(1) The Secretary may, pending receipt and re-
view of information required under subsections (c) and
(d), immediately issue an interim merchant mariner’s doc-
ument valid for a period not to exceed 120 days, to—
‘‘(A) an individual to be employed as gaming
personnel, entertainment personnel, wait staff, or
other service personnel on board a passenger vessel
not engaged in foreign service, with no duties, in-
cluding emergency duties, related to the navigation
of the vessel or the safety of the vessel, its crew,
cargo or passengers; or
‘‘(B) an individual seeking renewal of, or quali-
fying for a supplemental endorsement to, a valid
merchant mariner’s document issued under this sec-
tion.
‘‘(2) No more than one interim document may be
issued to an individual under paragraph (1)(A) of this
subsection.’’.
(b) EXCEPTION.—Section 8701(a) of title 46, United
States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (8);
(2) by redesignating paragraph (9) as para-
graph (10); and
(3) by inserting after paragraph (8) the fol-
lowing:
‘‘(9) a passenger vessel not engaged in a for-
eign voyage with respect to individuals on board em-
ployed for a period of not more than 30 service days
within a 12 month period as entertainment per-
sonnel, with no duties, including emergency duties,
related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and’’.
SEC. 205. PENALTIES FOR NEGLIGENT OPERATIONS AND
INTERFERING WITH SAFE OPERATION.
Section 2302(a) of title 46, United States Code, is
amended by striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in
the case of a recreational vessel, or $25,000 in the case
of any other vessel.’’.
TITLE III—RENEWAL OF
ADVISORY GROUPS
SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.
(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.—Section 4508 of title 46, United
States Code, is amended—
(1) by inserting ‘‘Safety’’ in the heading after
‘‘Vessel’’;
(2) by inserting ‘‘Safety’’ in subsection (a) after
‘‘Vessel’’;
(3) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in
subsection (e)(1)(I) and inserting ‘‘(5 U.S.C.
App.)’’; and
(4) by striking ‘‘of September 30, 2000’’ and
inserting ‘‘on September 30, 2005’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 45 of title 46, United States Code, is
amended by striking the item relating to section 4508 and
inserting the following:
‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.
SEC. 302. HOUSTON-GALVESTON NAVIGATION SAFETY AD-
VISORY COMMITTEE.
Section 18(h) of the Coast Guard Authorization Act
of 1991 (Public Law 102–241) is amended by striking
‘‘September 30, 2000.’’ and inserting ‘‘September 30,
2005.’’.
SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
Section 19 of the Coast Guard Authorization Act of
1991 (Public Law 102–241) is amended by striking ‘‘Sep-
tember 30, 2000’’ in subsection (g) and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 304. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended by striking ‘‘Sep-
tember 30, 2000’’ in subsection (d) and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 305. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is
amended by striking ‘‘September 30, 2000’’ in subsection
(e) and inserting ‘‘September 30, 2005’’.
SEC. 306. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ‘‘An Act to Establish a Towing Safe-
ty Advisory Committee in the Department of Transpor-
tation’’ (33 U.S.C. 1231a) is amended by striking ‘‘Sep-
tember 30, 2000.’’ in subsection (e) and inserting ‘‘Sep-
tember 30, 2005.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. PATROL CRAFT.
Notwithstanding any other provision of law, the Sec-
retary of Transportation may accept, by direct transfer
without cost, for use by the Coast Guard primarily for ex-
panded drug interdiction activities required to meet na-
tional supply reduction performance goals, up to 7 PC–
170 patrol craft from the Department of Defense if it of-
fers to transfer such craft.
SEC. 402. CLARIFICATION OF COAST GUARD AUTHORITY TO
CONTROL VESSELS IN TERRITORIAL WATERS
OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C.
1221 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI-
RECTION OF VESSELS BY COAST GUARD.
‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu-
lations prescribed by the Secretary, a commercial vessel
entering the territorial sea of the United States shall no-
tify the Secretary not later than 24 hours before that
entry and provide the following information regarding the
vessel:
‘‘(1) The name of the vessel.
‘‘(2) The route and port or place of destination
in the United States.
‘‘(3) The time of entry into the territorial sea.
‘‘(4) Any information requested by the Sec-
retary to demonstrate compliance with applicable
international agreements to which the United States
is a party.
‘‘(5) If the vessel is carrying dangerous cargo,
a description of that cargo.
‘‘(6) A description of any hazardous conditions
on the vessel.
‘‘(7) Any other information requested by the
Secretary.
‘‘(b) DENIAL OF ENTRY.—The Secretary may deny
entry of a vessel into the territorial sea of the United
States if—
‘‘(1) the Secretary has not received notification
for the vessel in accordance with subsection (a); or
‘‘(2) the vessel is not in compliance with any
other applicable law relating to marine safety, secu-
rity, or environmental protection.
‘‘(c) DIRECTION OF VESSEL.—The Secretary may di-
rect the operation of any vessel in the navigable waters
of the United States as necessary during hazardous cir-
cumstances, including the absence of a pilot required by
State or Federal law, weather, casualty, vessel traffic, or
the poor condition of the vessel.
‘‘(d) IMPLEMENTATION.—The Secretary shall imple-
ment this section consistent with section 4(d).’’.
SEC. 403. CARIBBEAN SUPPORT TENDER.
The Coast Guard is authorized to operate and main-
tain a Caribbean Support Tender (or similar type vessel)
to provide technical assistance, including law enforcement
training, for foreign coast guards, navies, and other mari-
time services.
SEC. 404. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is
amended by striking ‘‘2001’’ and inserting ‘‘2006’’.
SEC. 405. GREAT LAKES LIGHTHOUSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Great Lakes are home to more than
400 lighthouses. 120 of these maritime landmarks
are in the State of Michigan.
(2) Lighthouses are an important part of Great
Lakes culture and stand as a testament to the im-
portance of shipping in the region’s political, eco-
nomic, and social history.
(3) Advances in navigation technology have
made many Great Lakes lighthouses obsolete. In
Michigan alone, approximately 70 lighthouses will be
designated as excess property of the Federal Govern-
ment and will be transferred to the General Services
Administration for disposal.
(4) Unfortunately, the Federal property dis-
posal process is confusing, complicated, and not well-
suited to disposal of historic lighthouses or to facili-
tate transfers to nonprofit organizations. This is es-
pecially troubling because, in many cases, local non-
profit historical organizations have dedicated tre-
mendous resources to preserving and maintaining
Great Lakes lighthouses.
(5) If Great Lakes lighthouses disappear, the
public will be unaware of an important chapter in
Great Lakes history.
(6) The National Trust for Historic Preserva-
tion has placed Michigan lighthouses on their list of
Most Endangered Historic Places.
(b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE
PRESERVATION EFFORTS.—The Secretary of Transpor-
tation, acting through the Coast Guard, shall—
(1) continue to offer advice and technical assist-
ance to organizations in the Great Lakes region that
are dedicated to lighthouse stewardship; and
(2) promptly release information regarding the
timing of designations of Coast Guard lighthouses
on the Great Lakes as excess to the needs of the
Coast Guard, to enable those organizations to mobi-
lize and be prepared to take appropriate action with
respect to the disposal of those properties.
SEC. 406. COAST GUARD REPORT ON IMPLEMENTATION OF
NTSB RECOMMENDATIONS.
The Commandant of the Coast Guard shall submit
a written report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate within 90 days after the date of enactment of
this Act on what actions the Coast Guard has taken to
implement the recommendations of the National Trans-
portation Safety Board in its Report No. MAR–99–01.
The report—
(1) shall describe in detail, by geographic
region—
(A) what steps the Coast Guard is taking
to fill gaps in its communications coverage;
(B) what progress the Coast Guard has
made in installing direction-finding systems;
and
(C) what progress the Coast Guard has
made toward completing its national distress
and response system modernization project; and
(2) include an assessment of the safety benefits
that might reasonably be expected to result from in-
creased or accelerated funding for—
(A) measures described in paragraph
(1)(A); and
(B) the national distress and response sys-
tem modernization project.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY IN
PORTLAND, MAINE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation, or a designee of the Secretary, may convey
to the Gulf of Maine Aquarium Development Cor-
poration, its successors and assigns, without pay-
ment for consideration, all right, title, and interest
of the United States in and to approximately 4.13
acres of land, including a pier and bulkhead, known
as the Naval Reserve Pier property, together with
any improvements thereon in their then current con-
dition, located in Portland, Maine. All conditions
placed with the deed of title shall be construed as
covenants running with the land.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary, in consultation with the Commandant of the
Coast Guard, may identify, describe, and determine
the property to be conveyed under this section. The
floating docks associated with or attached to the
Naval Reserve Pier property shall remain the per-
sonal property of the United States.
(b) LEASE TO THE UNITED STATES.—
(1) CONDITION OF CONVEYANCE.—The Naval
Reserve Pier property shall not be conveyed until the
Corporation enters into a lease agreement with the
United States, the terms of which are mutually sat-
isfactory to the Commandant and the Corporation,
in which the Corporation shall lease a portion of the
Naval Reserve Pier property to the United States
for a term of 30 years without payment of consider-
ation. The lease agreement shall be executed within
12 months after the date of enactment of this Act.
(2) IDENTIFICATION OF LEASED PREMISES.—
The Secretary, in consultation with the Com-
mandant, may identify and describe the leased prem-
ises and rights of access, including the following, in
order to allow the Coast Guard to operate and per-
form missions from and upon the leased premises:
(A) The right of ingress and egress over
the Naval Reserve Pier property, including the
pier and bulkhead, at any time, without notice,
for purposes of access to Coast Guard vessels
and performance of Coast Guard missions and
other mission-related activities.
(B) The right to berth Coast Guard cut-
ters or other vessels as required, in the moor-
ings along the east side of the Naval Reserve
Pier property, and the right to attach floating
docks which shall be owned and maintained at
the United States’ sole cost and expense.
(C) The right to operate, maintain, re-
move, relocate, or replace an aid to navigation
located upon, or to install any aid to navigation
upon, the Naval Reserve Pier property as the
Coast Guard, in its sole discretion, may deter-
mine is needed for navigational purposes.
(D) The right to occupy up to 3,000 gross
square feet at the Naval Reserve Pier property
for storage and office space, which will be pro-
vided and constructed by the Corporation, at
the Corporation’s sole cost and expense, and
which will be maintained, and utilities and
other operating expenses paid for, by the
United States at its sole cost and expense.
(E) The right to occupy up to 1,200 gross
square feet of offsite storage in a location other
than the Naval Reserve Pier property, which
will be provided by the Corporation at the Cor-
poration’s sole cost and expense, and which will
be maintained, and utilities and other operating
expenses paid for, by the United States at its
sole cost and expense.
(F) The right for Coast Guard personnel
to park up to 60 vehicles, at no expense to the
government, in the Corporation’s parking
spaces on the Naval Reserve Pier property or in
parking spaces that the Corporation may secure
within 1,000 feet of the Naval Reserve Pier
property or within 1,000 feet of the Coast
Guard Marine Safety Office Portland. Spaces
for no less than 30 vehicles shall be located on
the Naval Reserve Pier property.
(3) RENEWAL.—The lease described in para-
graph (1) may be renewed, at the sole option of the
United States, for additional lease terms.
(4) LIMITATION ON SUBLEASES.—The United
States may not sublease the leased premises to a
third party or use the leased premises for purposes
other than fulfilling the missions of the Coast Guard
and for other mission related activities.
(5) TERMINATION.—In the event that the Coast
Guard ceases to use the leased premises, the Sec-
retary, in consultation with the Commandant, may
terminate the lease with the Corporation.
(c) IMPROVEMENT OF LEASED PREMISES.—
(1) IN
GENERAL.—The Naval Reserve Pier
property shall not be conveyed until the Corporation
enters into an agreement with the United States,
subject to the Commandant’s design specifications,
project’s schedule, and final project approval, to re-
place the bulkhead and pier which connects to, and
provides access from, the bulkhead to the floating
docks, at the Corporation’s sole cost and expense, on
the east side of the Naval Reserve Pier property
within 30 months from the date of conveyance. The
agreement to improve the leased premises shall be
executed within 12 months after the date of enact-
ment of this Act.
(2) FURTHER IMPROVEMENTS.—In addition to
the improvements described in paragraph (1), the
Commandant is authorized to further improve the
leased premises during the lease term, at the United
States sole cost and expense.
(d) UTILITY INSTALLATION AND MAINTENANCE OB-
LIGATIONS.—
(1) UTILITIES.—The Naval Reserve Pier prop-
erty shall not be conveyed until the Corporation en-
ters into an agreement with the United States to
allow the United States to operate and maintain ex-
isting utility lines and related equipment, at the
United States sole cost and expense. At such time
as the Corporation constructs its proposed public
aquarium, the Corporation shall replace existing util-
ity lines and related equipment and provide addi-
tional utility lines and equipment capable of sup-
porting a third 110-foot Coast Guard cutter, with
comparable, new, code compliant utility lines and
equipment at the Corporation’s sole cost and ex-
pense, maintain such utility lines and related equip-
ment from an agreed upon demarcation point, and
make such utility lines and equipment available for
use by the United States, provided that the United
States pays for its use of utilities at its sole cost and
expense. The agreement concerning the operation
and maintenance of utility lines and equipment shall
be executed within 12 months after the date of en-
actment of this Act.
(2) MAINTENANCE.—The Naval Reserve Pier
property shall not be conveyed until the Corporation
enters into an agreement with the United States to
maintain, at the Corporation’s sole cost and expense,
the bulkhead and pier on the east side of the Naval
Reserve Pier property. The agreement concerning
the maintenance of the bulkhead and pier shall be
executed within 12 months after the date of enact-
ment of this Act.
(3) AIDS TO NAVIGATION.—The United States
shall be required to maintain, at its sole cost and ex-
pense, any Coast Guard active aid to navigation lo-
cated upon the Naval Reserve Pier property.
(e) ADDITIONAL RIGHTS.—The conveyance of the
Naval Reserve Pier property shall be made subject to con-
ditions the Secretary considers necessary to ensure that—
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased
premises by the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to naviga-
tion nor hinder activities required for the operation
and maintenance of any aid to navigation, without
the express written permission of the head of the
agency responsible for operating and maintaining
the aid to navigation.
(f) REMEDIES AND REVERSIONARY INTEREST.—The
Naval Reserve Pier property, at the option of the Sec-
retary, shall revert to the United States and be placed
under the administrative control of the Secretary, if, and
only if, the Corporation fails to abide by any of the terms
of this section or any agreement entered into under sub-
section (b), (c), or (d) of this section.
(g) LIABILITY OF THE PARTIES.—The liability of the
United States and the Corporation for any injury, death,
or damage to or loss of property occurring on the leased
property shall be determined with reference to existing
State or Federal law, as appropriate, and any such liabil-
ity may not be modified or enlarged by this Act or any
agreement of the parties.
(h) EXPIRATION OF AUTHORITY TO CONVEY.—The
authority to convey the Naval Reserve property under this
section shall expire 3 years after the date of enactment
of this Act.
(i) DEFINITIONS.—In this section:
(1) AID
TO
NAVIGATION.—The term ‘‘aid to
navigation’’ means equipment used for navigational
purposes, including but not limited to, a light, an-
tenna, sound signal, electronic navigation equipment,
cameras, sensors power source, or other related
equipment which are operated or maintained by the
United States.
(2) CORPORATION.—The term ‘‘Corporation’’
means the Gulf of Maine Aquarium Development
Corporation, its successors and assigns.
SEC. 408. HARBOR SAFETY COMMITTEES.
(a) STUDY.—The Coast Guard shall study existing
harbor safety committees in the United States to
identify—
(1) strategies for gaining successful cooperation
among the various groups having an interest in the
local port or waterway;
(2) organizational models that can be applied to
new or existing harbor safety committees or to pro-
totype harbor safety committees established under
subsection (b);
(3) technological assistance that will help har-
bor safety committees overcome local impediments to
safety, mobility, environmental protection, and port
security; and
(4) recurring resources necessary to ensure the
success of harbor safety committees.
(b) PROTOTYPE COMMITTEES.—The Coast Guard
shall test the feasibility of expanding the harbor safety
committee concept to small and medium-sized ports that
are not generally served by a harbor safety committee by
establishing 1 or more prototype harbor safety commit-
tees. In selecting a location or locations for the establish-
ment of a prototype harbor safety committee, the Coast
Guard shall—
(1) consider the results of the study conducted
under subsection (a);
(2) consider identified safety issues for a par-
ticular port;
(3) compare the potential benefits of estab-
lishing such a committee with the burdens the estab-
lishment of such a committee would impose on par-
ticipating agencies and organizations;
(4) consider the anticipated level of support
from interested parties; and
(5) take into account such other factors as may
be appropriate.
(c) EFFECT ON EXISTING PROGRAMS AND STATE
LAW.—Nothing in this section—
(1) limits the scope or activities of harbor safe-
ty committees in existence on the date of enactment
of this Act;
(2) precludes the establishment of new harbor
safety committees in locations not selected for the
establishment of a prototype committee under sub-
section (b); or
(3) preempts State law.
(d) NONAPPLICATION OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) does not apply to har-
bor safety committees established under this section or
any other provision of law.
(e) HARBOR SAFETY COMMITTEE DEFINED.—In this
section, the term ‘‘harbor safety committee’’ means a local
coordinating body—
(1) whose responsibilities include recommending
actions to improve the safety of a port or waterway;
and
(2) the membership of which includes represent-
atives of government agencies, maritime labor, mari-
time industry companies and organizations, environ-
mental groups, and public interest groups.
SEC. 409. MISCELLANEOUS CONVEYANCES.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
veyance, all right, title, and interest of the United
States in and to each of the following properties:
(A) Coast Guard Slip Point Light Station,
located in Clallam County, Washington, to
Clallam County, Washington.
(B) The parcel of land on which is situated
the Point Pin˜os Light, located in Monterey
County, California, to the city of Pacific Grove,
California.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed under this subsection.
(3) LIMITATION.—The Secretary may not
under this section convey—
(A) any historical artifact, including any
lens or lantern, located on the property at or
before the time of the conveyance; or
(B) any interest in submerged land.
(b) GENERAL TERMS AND CONDITIONS.—
(1) IN GENERAL.—Each conveyance of property
under this section shall be made—
(A) without payment of consideration; and
(B) subject to the terms and conditions re-
quired by this section and other terms and con-
ditions the Secretary may consider appropriate,
including the reservation of easements and
other rights on behalf of the United States.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established under this section,
each conveyance of property under this section shall
be subject to the condition that all right, title, and
interest in the property shall immediately revert to
the United States, if—
(A) the property, or any part of the
property—
(i) ceases to be available and acces-
sible to the public, on a reasonable basis,
for educational, park, recreational, cul-
tural, historic preservation, or other simi-
lar purposes specified for the property in
the terms of conveyance;
(ii) ceases to be maintained in a man-
ner that is consistent with its present or
future use as a site for Coast Guard aids
to navigation or compliance with this Act;
or
(iii) ceases to be maintained in a man-
ner consistent with the conditions in para-
graph (4) established by the Secretary pur-
suant to the National Historic Preserva-
tion Act (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion,
the Secretary provides written notice to the
owner that the property is needed for national
security purposes.
(3) MAINTENANCE
OF
NAVIGATION
FUNC-
TIONS.—Each conveyance of property under this
section shall be made subject to the conditions that
the Secretary considers to be necessary to assure
that—
(A) the lights, antennas, and associated
equipment located on the property conveyed,
which are active aids to navigation, shall con-
tinue to be operated and maintained by the
United States for as long as they are needed for
this purpose;
(B) the owner of the property may not
interfere or allow interference in any manner
with aids to navigation without express written
permission from the Commandant;
(C) there is reserved to the United States
the right to relocate, replace, or add any aid to
navigation or make any changes to the property
conveyed as may be necessary for navigational
purposes;
(D) the United States shall have the right,
at any time, to enter the property without no-
tice for the purpose of operating, maintaining
and inspecting aids to navigation, and for the
purpose of enforcing compliance with this sub-
section; and
(E) the United States shall have an ease-
ment of access to and across the property for
the purpose of maintaining the aids to naviga-
tion in use on the property.
(4) MAINTENANCE OF PROPERTY.—(A) Subject
to subparagraph (B), the owner of a property con-
veyed under this section shall maintain the property
in a proper, substantial, and workmanlike manner,
and in accordance with any conditions established by
the conveying authority pursuant to the National
Historic Preservation Act (16 U.S.C. 470 et seq.),
and other applicable laws.
(B) The owner of a property conveyed under
this section is not required to maintain any active
aid to navigation equipment on the property, except
private aids to navigation permitted under section
83 of title 14, United States Code.
(c) SPECIAL TERMS AND CONDITIONS.—The Sec-
retary may retain all right, title, and interest of the United
States in and to any portion of any parcel referred to in
subsection (a)(1)(B) that the Secretary considers appro-
priate.
(d) DEFINITIONS.—In this section:
(1) AIDS TO NAVIGATION.—The term ‘‘aids to
navigation’’ means equipment used for navigation
purposes, including a light, antenna, radio, sound
signal, electronic navigation equipment, or other as-
sociated equipment which are operated or main-
tained by the United States.
(2) COMMANDANT.—The term ‘‘Commandant’’
means the Commandant of the Coast Guard.
(3) OWNER.—The term ‘‘owner’’ means, for a
property conveyed under this section, the person
identified in subsection (a)(1) of the property, and
includes any successor or assign of that person.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF WORK AT
COAST GUARD YARD.
(a) AUTHORITY.—The Commandant of the Coast
Guard may enter into agreements and other arrangements
with public and private foreign and domestic entities, to
establish partnerships for the performance of work at the
Coast Guard Yard, located in Baltimore, Maryland.
(b) RECEIPT OF FUNDS, CONTRIBUTIONS, AND USE
OF FACILITIES.—
(1) IN
GENERAL.—The Coast Guard may,
under partnerships under this section, receive funds,
contributions of materials and services, and use of
non-Coast Guard facilities.
(2) TREATMENT OF FUNDS RECEIVED.—Funds
received by the Coast Guard under this subsection
shall be deposited into the Coast Guard Yard Re-
volving Fund.
(c) 5-YEAR BUSINESS PLAN.—The Secretary of
Transportation shall, within 6 months after the date of
the enactment of this Act, submit to the Congress a 5-
year business plan for the most efficient utilization of the
Coast Guard Yard.
SEC. 411. BOATING SAFETY.
(a) FEDERAL FUNDING.—Section 4(b)(3) of the Act
of August 9, 1950 (16 U.S.C. 777c(b)(3)) is amended by
striking ‘‘$82,000,000’’ and inserting ‘‘$83,000,000’’.
(b) STATE FUNDING.—Section 13102(a)(3) of title
46, United States Code, is amended by striking ‘‘general
State revenue’’ and inserting ‘‘State funds, including
amounts expended for the State’s recreational boating
safety program by a State agency, a public corporation
established under State law, or any other State instrumen-
tality, as determined by the Secretary’’.
Passed the House of Representatives March 22,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 1099
AN ACT
To make changes in laws governing Coast Guard
personnel, increase marine safety, renew certain
groups that advise the Coast Guard on safety
issues, make miscellaneous improvements to
Coast Guard operations and policies, and for
other purposes.