and 
provided 
as 
Government-furnished 
property (as that term is defined in section 
45.101 of the Federal Acquisition Regula-
tion, as in effect on the date of the enact-
ment of the Coast Guard Authorization Act 
of 2017), for a minimum of 20 years; 
‘‘(ii) full use of the necessary electro-
magnetic spectrum wavelength associated 
with the LORAN-C system for use by the 
system required under subsection (a) and 
provided as such Government-furnished 
property; and 
‘‘(iii) approval for the reconstruction 
of towers that are part of the infrastructure 
described in subsection (c)(9); 
‘‘(B) specify that all necessary capital ex-
penditures be made by the entity; 
‘‘(C) set performance standards for the sig-
nals transmitted by the system; 
‘‘(D) require the Secretary to monitor and 
ensure the signals transmitted by the system con-
form to the performance standards of the agree-
ment and are safe for use; 
‘‘(E) set the terms under which the Sec-
retary has access to such signals; 
VerDate Sep 11 2014 
00:54 Jun 27, 2017
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H2518.RH
H2518
lotter on DSKBCFDHB2PROD with BILLS
‘‘(F) subject to any national security re-
quirements established by the Secretary of De-
fense and so long as activities described in 
clauses (i) and (ii) of subsection (B) do not 
interfere with the primary purpose of providing 
positioning, navigation, and timing services, 
allow the entity to— 
‘‘(i) 
market, 
promote, 
and 
sell 
eLORAN positioning, navigation, and tim-
ing services to commercial and noncommer-
cial third parties; and 
‘‘(ii) generate revenue from such sale to 
non-Federal third parties of communica-
tions and other related services that result 
from the use of Government facilities and 
spectrum provided under this paragraph; 
‘‘(G) require the entity pay to the United 
States a portion of revenue received by the entity 
under subparagraph (F); 
‘‘(H) require the entity to assume all finan-
cial risk for the completion and operational ca-
pability of the eLORAN system and may require 
a performance bond from the entity to guarantee 
that risk; 
VerDate Sep 11 2014 
00:54 Jun 27, 2017
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H2518.RH
H2518
lotter on DSKBCFDHB2PROD with BILLS
‘‘(I) require the entity to assist inter-
national organizations and foreign governments 
on issues related to eLORAN and similar sys-
tems; and 
‘‘(J) include such other terms and condi-
tions as the Secretary determines to be necessary 
to carry out the purposes of this section. 
‘‘(3) REVENUE SHARING REQUIREMENT.— 
‘‘(A) IN GENERAL.—The requirement under 
paragraph (2)(G) shall require the entity to pay 
to the United States an equitable share of the 
revenue generated by the entity under paragraph 
(2)(F), in the fiscal year following the fiscal year 
in which such revenue is generated. 
‘‘(B) AMOUNT.—The amount of such pay-
ments shall take into account— 
‘‘(i) the capital investment by the enti-
ty to build the system and annual costs in-
curred by the entity to operate and main-
tain the system; and 
‘‘(ii) the capital and operating ex-
penses incurred by the entity to upgrade the 
eLORAN system and related systems over 
the effective period of the agreement. 
VerDate Sep 11 2014 
00:54 Jun 27, 2017
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H2518.RH
H2518
lotter on DSKBCFDHB2PROD with BILLS
‘‘(4) EFFECTIVE DATE OF RISK REQUIREMENT.— 
The requirement in paragraph (2)(H) shall be contin-
gent upon, and take effect upon, the Secretary deter-
mining that the requirements under paragraph (2)(A) 
have been fulfilled. 
‘‘(g) CERCLA NOT AFFECTED.—This section shall not 
be construed to limit the application of or otherwise affect 
section 120(h) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 
9620(h)) for Federal Government facilities described in sub-
section (c)(9). 
‘‘(h) BIENNIAL REPORT
TO CONGRESS.—Not later 
than one year after the date on which an agreement with 
an entity is entered into under subsection (f), and bienni-
ally thereafter, the Secretary shall provide to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
‘‘(1) a report on the performance and progress of 
the entity in fulfilling its obligations under the agree-
ment to build, operate and maintain the system estab-
lished under subsection (a); and 
‘‘(2) an accounting of finances, expenses, and 
revenue associated with such performance, including 
payments made to the Secretary under section (f)(3). 
VerDate Sep 11 2014 
00:54 Jun 27, 2017
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H2518.RH
H2518
lotter on DSKBCFDHB2PROD with BILLS
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘entity’ means a non-Federal enti-
ty whose proposal is selected under subsection (e). 
‘‘(2) The term ‘Secretary’ means the Secretary of 
Transportation, acting through the Commandant of 
the Coast Guard.’’. 
(b) CLERICAL AMENDMENT.—The analysis for subtitle 
VIII of title 46, United States Code, is amended by adding 
after the item relating to chapter 805 the following: 
‘‘807. Position, navigation, and timing ........................................80701.’’. 
(c) IMPLEMENTATION PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary, 
as that term is defined in the amendments made by this 
section, shall provide to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate, a plan to ensure that the system required under 
such amendments is fully operational by not later than 3 
years after such date of enactment. 
SEC. 412. WATERS DEEMED NOT NAVIGABLE WATERS OF 
THE UNITED STATES FOR CERTAIN PUR-
POSES. 
For purposes of the application of subtitle II of title 
46, United States Code, to the Volunteer (Hull Number 
CCA4108), the Illinois and Michigan Canal is deemed to 
not be navigable waters of the United States. 
VerDate Sep 11 2014 
00:54 Jun 27, 2017
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6203
E:\BILLS\H2518.RH
H2518
lotter on DSKBCFDHB2PROD with BILLS