103D CONGRESS
2D SESSION
H. R. 3059
AN ACT
To establish a National Maritime Heritage Program to make
grants available for educational programs and the res-
toration of America’s cultural resources for the purpose
of preserving America’s endangered maritime heritage.
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 ‘‘National Maritime
Heritage Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is a nation with a rich
maritime history, and it is desirable to foster in the
American public a greater awareness and apprecia-
tion of the role of maritime endeavors in our Na-
tion’s history and culture.
(2) The maritime historical and cultural foun-
dations of the Nation should be preserved as a part
of our community life and development.
(3) National, State, and local groups have been
working independently to preserve the maritime her-
itage of the United States.
(4) Historic resources significant to the Na-
tion’s maritime heritage are being lost or substan-
tially altered, often inadvertently, with increasing
frequency.
(5) The preservation of this irreplaceable mari-
time heritage is in the public interest so that its
vital legacy of cultural, educational, aesthetic, inspi-
rational, and economic benefits will be maintained
and enriched for future generations of Americans.
(6) The current governmental and nongovern-
mental historic preservation programs and activities
are inadequate to ensure future generations a genu-
ine opportunity to appreciate and enjoy the rich
maritime heritage of our Nation.
(7) A coordinated national program is needed
immediately to redress the adverse consequences of
a period of indifference during which the maritime
heritage of the United States has become endan-
gered and to ensure the future preservation of the
Nation’s maritime heritage.
(8) A national maritime heritage policy would
greatly increase public awareness of, and participa-
tion in, the preservation of the Nation’s maritime
heritage.
SEC. 3. NATIONAL MARITIME HERITAGE POLICY.
It shall be the policy of the Federal Government, in
partnership with the States and local governments and
private organizations and individuals, to—
(1) use measures, including financial and tech-
nical assistance, to foster conditions under which our
modern society and our historic maritime resources
can exist in productive harmony;
(2) provide leadership in the preservation of the
historic maritime resources of the United States;
(3) contribute to the preservation of historic
maritime resources and give maximum encourage-
ment to organizations and individuals undertaking
preservation by private means; and
(4) assist State and local governments to ex-
pand their maritime historic preservation programs
and activities.
SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PRO-
GRAM.
(a) ESTABLISHMENT.—There is hereby established
within the Department of the Interior the National Mari-
time Heritage Grants Program, to foster in the American
public a greater awareness and appreciation of the role
of maritime endeavors in our Nation’s history and culture.
The Program shall consist of—
(1) annual grants to the National Trust for
Historic Preservation for subgrants administered by
the National Trust for maritime heritage education
projects under subsection (b);
(2) grants to State Historic Preservation Offi-
cers for maritime heritage preservation projects car-
ried out or administered by those Officers under
subsection (c); and
(3) grants for interim projects under subsection
(j).
(b) GRANTS FOR MARITIME HERITAGE EDUCATION
PROJECTS.—
(1) GRANTS
TO
NATIONAL
TRUST
FOR
HIS-
TORIC
PRESERVATION.—The Secretary, subject to
paragraphs (2), (3), and (4), and the availability of
amounts for that purpose under section 6(b)(1)(A),
shall make an annual grant to the National Trust
for maritime heritage education projects.
(2) USE OF GRANTS.—Amounts received by the
National Trust as an annual grant under this sub-
section shall be used to make subgrants to State and
local governments and private nonprofit organiza-
tions to carry out education projects which have
been approved by the Secretary under subsection (f)
and which consist of—
(A) assistance to any maritime museum or
historical society for—
(i) existing and new educational pro-
grams, exhibits, educational activities, con-
servation, and interpretation of artifacts
and collections;
(ii) minor improvements to edu-
cational and museum facilities; and
(iii) other similar activities;
(B) activities designed to encourage the
preservation of traditional maritime skills, in-
cluding—
(i) building and operation of vessels of
all sizes and types for educational pur-
poses;
(ii) special skills such as wood carv-
ing, sail making, and rigging;
(iii) traditional maritime art forms;
and
(iv) sail training;
(C) other educational activities relating to
historic maritime resources, including—
(i) maritime educational waterborne-
experience programs in historic vessels or
vessel reproductions;
(ii) 
maritime 
archaeological 
field
schools; and
(iii) educational programs on other as-
pects of maritime history;
(D) heritage programs focusing on mari-
time historic resources, including maritime her-
itage trails and corridors; or
(E) the construction and use of reproduc-
tions of historic maritime resources for edu-
cational purposes, if a historic maritime re-
source no longer exists or would be damaged or
consumed through direct use.
(c) GRANTS FOR MARITIME HERITAGE PRESERVA-
TION PROJECTS.—
(1) GRANTS
TO
STATE
HISTORIC
PRESERVA-
TION OFFICES.—The Secretary, acting through the
National Maritime Initiative of the National Park
Service and subject to paragraphs (2) and (3), and
the availability of amounts for that purpose under
section 6(b)(1)(B), shall make grants to State His-
toric Preservation Officers for maritime heritage
preservation projects.
(2) USE OF GRANTS.—Amounts received by a
State Historic Preservation Officer as a grant under
this subsection shall be used by the Officer to carry
out or to make subgrants to local governments and
private nonprofit organizations to carry out, projects
which have been approved by the Secretary under
subsection (f) for the preservation of historic mari-
time resources through—
(A) identification of historic maritime re-
sources, including underwater archaeological
sites;
(B) acquisition of historic maritime re-
sources for the purposes of preservation;
(C) repair, restoration, stabilization, main-
tenance, or other capital improvements to his-
toric maritime resources, in accordance with
standards prescribed by the Secretary; and
(D) research, recording (through drawings,
photographs, or otherwise), planning (through
feasibility studies, architectural and engineering
services, or otherwise), and other services car-
ried out as part of a preservation program for
historic maritime resources.
(d) CRITERIA FOR DIRECT GRANT AND SUBGRANT
ELIGIBILITY.—To qualify for a subgrant from the Na-
tional Trust under subsection (b), or a direct grant to or
a subgrant from a State Historic Preservation Officer
under subsection (c), a person must—
(1) demonstrate that the project for which the
direct grant or subgrant will be used has the poten-
tial for reaching a broad audience with an effective
educational program based on American maritime
history, technology, or the role of maritime endeav-
ors in American culture;
(2) match the amount of the direct grant or
subgrant, on a 1-to-1 basis, with non-Federal assets
from non-Federal sources, which may include cash
or donated services fairly valued as determined by
the Secretary;
(3) maintain records as may be reasonably nec-
essary to fully disclose—
(A) the amount and the disposition of the
proceeds of the direct grant or subgrant;
(B) the total cost of the project for which
the direct grant or subgrant is made; and
(C) other records as may be required by
the Secretary, including such records as will fa-
cilitate an effective accounting for project
funds;
(4) provide access to the Secretary for the pur-
poses of any required audit and examination of any
books, documents, papers, and records of the person;
and
(5) be a unit of State or local government, or
a private nonprofit organization.
(e) PROCEDURES, TERMS, AND CONDITIONS.—
(1) APPLICATION
PROCEDURES.—An applica-
tion for a subgrant under subsection (b), or a direct
grant or subgrant under subsection (c), shall be sub-
mitted under procedures prescribed by the Sec-
retary.
(2) TERMS AND CONDITIONS.—A person may
not receive a subgrant under subsection (b), or a di-
rect grant or subgrant under subsection (c), unless
the person has agreed to assume, after completion of
the project for which the direct grant or subgrant is
awarded, the total cost of the continued mainte-
nance, repair, and administration of any property
for which the subgrant will be used in a manner sat-
isfactory to the Secretary.
(f) REVIEW OF PROPOSALS.—
(1) COMMITTEE RECOMMENDATIONS.—The Na-
tional Maritime Heritage Grants Committee shall re-
view applications for subgrants under subsection (b),
and direct grants or subgrants under subsection (c),
and submit recommendations to the Secretary re-
garding projects which should receive funding under
those direct grants and subgrants.
(2) ALLOCATION OF GRANT FUNDING.—To the
extent feasible, the Secretary shall ensure that the
amount made available under subsection (b) for
maritime heritage education projects is equal to the
amount made available under subsection (c) for mar-
itime heritage preservation projects.
(3) LIMITATION.—The amount provided by the
Secretary in a fiscal year as grants under this sec-
tion for projects relating to historic maritime re-
sources owned or operated by the Federal Govern-
ment shall not exceed 40 percent of the total amount
available for the fiscal year for grants under this
section.
(g) DIRECT GRANTS AND SUBGRANTS PROCESS.—
(1) DIRECT GRANTS AND SUBGRANTS SOLICITA-
TION.—The Secretary shall publish annually in the
Federal Register and otherwise as the Secretary con-
siders appropriate—
(A) a solicitation of applications for direct
grants and subgrants under this section;
(B) a list of priorities for the making of
those direct grants and subgrants;
(C) a single deadline for the submission of
applications 
for 
those 
direct 
grants 
and
subgrants; and
(D) other relevant information.
(2) RECEIPT AND APPROVAL OR DISAPPROVAL
OF DIRECT GRANT AND SUBGRANT APPLICATIONS.—
Within 60 days after the submission of recommenda-
tions by the Committee to the Secretary under sub-
section (h)(6), the Secretary shall review and ap-
prove or disapprove a direct grant or subgrant for
each project recommended by the Committee and
provide to the Committee and the applicant the rea-
sons for that approval or disapproval.
(h) DIRECT GRANT AND SUBGRANT ADMINISTRA-
TION.—The National Trust shall be responsible for admin-
istering subgrants for maritime heritage education
projects under subsection (b), the Secretary shall be re-
sponsible for administering direct grants for maritime her-
itage preservation projects under subsection (c), and the
various State Historic Preservation Officers shall be re-
sponsible for administering subgrants for maritime herit-
age preservation projects under subsection (c), by—
(1) publicizing the Program to prospective
grantees, subgrantees, and to the public at large, in
cooperation with the National Park Service, the
Maritime Administration, and other appropriate gov-
ernment agencies and private institutions;
(2) answering inquiries from the public, includ-
ing providing information on the Program as re-
quested;
(3) distributing direct grant and subgrant ap-
plications;
(4) receiving direct grant and subgrant applica-
tions and ensuring their completeness;
(5) forwarding the applications to the Commit-
tee for review and recommendation;
(6) submitting to the Secretary applications
that the Committee recommends should be approved
by the Secretary;
(7) keeping records of all direct grant and
subgrant awards and expenditures of funds;
(8) monitoring progress of projects carried out
with direct grants and subgrants; and
(9) providing to the Secretary such progress re-
ports as may be required by the Secretary.
(i) ASSISTANCE OF MARITIME PRESERVATION ORGA-
NIZATIONS.—The Secretary, the National Trust, and the
State Historic Preservation Officers may, individually or
jointly, enter into cooperative agreements with any private
nonprofit organization with appropriate expertise in mari-
time preservation issues, or other qualified maritime pres-
ervation organizations, to assist in the administration of
the Program.
(j) GRANTS FOR INTERIM PROJECTS.—
(1) GRANTS AUTHORITY.—The Secretary, sub-
ject to paragraph (3), may use amounts available
under section 6(b)(2) to make one or more grants
described in paragraph (2).
(2) GRANTS DESCRIBED.—The grants referred
to in paragraph (1) are the following:
(A) A grant to the National Museum Asso-
ciation (a nonprofit organization located in San
Francisco, California) for payment of expenses
directly related to the preservation and restora-
tion of the historic fleet of the San Francisco
Maritime National Historical Park, located in
San Francisco, California.
(B) A grant to the Virginia V Foundation
(a nonprofit organization) for use in restoration
and preservation of the historic steamship VIR-
GINIA V.
(C) A grant to any nonprofit organization
which operates and maintains a former hospital
ship to be converted to engage in public health
activities, for use in refurbishing and maintain-
ing the ship for those activities.
(D) A grant to the Mariners’ Museum (a
not-for-profit educational institution located in
Newport News, Virginia, for use for expenses
directly related to the computerization of the li-
brary and archives of that museum, including
for the purpose of providing to the public en-
hanced national access to those materials.
(E) A grant for each of fiscal years 1996,
1997, 1998, 1999, and 2000 to the Center for
Maritime and Underwater Resource Manage-
ment at Michigan State University, for a pilot
project to plan, design, implement, and evaluate
innovative approaches to management and de-
velopment of maritime and underwater cultural
resources at the following sites: Thunder Bay,
the Manitou Passage, Isle Royale National
Park, Keweenaw Peninsula, Marquette County,
Alger County, Whitefish Point, the Straits of
Mackinac, the Thumb Area, and Sanilac
Shores.
(3) GRANT CONDITIONS.—The Secretary may
not make a grant under this subsection unless the
grantee complies with the requirements set forth in
paragraphs (1) through (5) of section 4(d).
(k) REPORT
TO CONGRESS.—The Secretary shall
submit to the Congress, after review by the Committee,
an annual report on the Program, including—
(1) a description of each project funded under
the Program in the period covered by the report;
(2) the results or accomplishments of each such
project; and
(3) recommended priorities for achieving the
policy set forth in section 3.
SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY
COMMITTEE.
(a) ESTABLISHMENT.—There is hereby established a
National Maritime Heritage Grants Advisory Committee.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall consist
of 13 members appointed by the Secretary from
among individual members of the public who—
(A) are representatives of various sectors
of the maritime community who are knowledge-
able and experienced in maritime heritage and
preservation;
(B) to the extent practicable, are selected
in a manner that ensures regional geographic
balance;
(C) to the extent practicable, include a rep-
resentative of each of the fields of—
(i) small craft preservation;
(ii) large vessel preservation;
(iii) sail training;
(iv) preservation architecture;
(v) underwater archaeology;
(vi) lighthouse preservation;
(vii) maritime education;
(viii) military naval history;
(ix) maritime museums or historical
societies;
(x) maritime arts and crafts;
(xi) maritime heritage tourism; and
(xii) maritime recreational resources
management; and
(D) include a member of the general pub-
lic.
(2) EX OFFICIO MEMBERS.—In addition to the
members appointed under paragraph (1), the Presi-
dent of the National Trust and the President of the
National Conference of State Historic Preservation
Officers (or their respective designees) shall be ex
officio voting members of the Committee.
(3) TERM.—The term of a member of the Com-
mittee appointed under paragraph (1) shall be 3
years, except that of the members first appointed 4
shall be appointed for an initial term of 1 year and
4 shall be appointed for an initial term of 2 years,
as specified by the Secretary at the time of appoint-
ment
(4) COMPLETION
OF
APPOINTMENTS.—The
Secretary shall complete appointment of the mem-
bers of the Committee under paragraph (1) by not
later than 120 days after the date of enactment of
this Act.
(5) VACANCIES.—In the case of a vacancy in
the membership of the Committee appointed under
paragraph (1), the Secretary shall appoint an indi-
vidual to serve the remainder of the term that is va-
cant by not later than 60 days after the vacancy oc-
curs.
(c) FEDERAL GOVERNMENT EX OFFICIO MEM-
BERS.—There shall be ex officio Federal Government
members of the Committee as follows:
(1) At least 1 individual designated by each
of—
(A) the Director of the National Park
Service;
(B) the Administrator of the Maritime Ad-
ministration;
(C) the Commandant of the Coast Guard;
(D) the Secretary of the Navy;
(E) the Administrator of the National Oce-
anic and Atmospheric Administration; and
(F) the Advisory Council on Historic Pres-
ervation.
(2) Other representatives designated by the
heads of such other interested Federal Government
agencies as the Secretary considers appropriate.
(d) DUTIES OF THE COMMITTEE.—The duties of the
Committee include—
(1) reviewing direct grant and subgrant propos-
als and making funding recommendations to the
Secretary;
(2) identifying and advising the Secretary re-
garding priorities for achieving the policy set forth
in section 3;
(3) reviewing the Secretary’s annual report to
the Congress under section 4(k); and
(4) performing any other duties the Secretary
considers appropriate.
(e) QUORUM.—Nine members of the Committee shall
constitute a quorum for making recommendations on
subgrant applications.
(f) 
APPOINTMENTS
PROCESS.—The 
Secretary
shall—
(1) publicize annually, in the Federal Register
and through publications of preservation and mari-
time organizations, a request for submission of
nominations for appointments to the Committee
under subsection (b)(1); and
(2) designate from among the members of the
Committee—
(A) a Chairman; and
(B) a Vice Chairman who may act in place
of the Chairman during the absence or disabil-
ity of the Chairman or when the office of Chair-
man is vacant.
(g) COMPENSATION AND TRAVEL EXPENSES.—An
individual shall not receive any pay by reason of member-
ship on the Committee. While away from home or regular
place of business in the performance of service for the
Committee, a member of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as a person employed intermittently
in the Government service is allowed expenses under sec-
tion 5703 of title 5, United States Code.
(h) STAFF OF FEDERAL AGENCIES.—Upon request
of the Committee, the Secretary may detail, on a reim-
bursable basis, any of the personnel of the Department
of the Interior to the Committee to assist it in carrying
out its duties under this Act.
(i) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Committee, the National Trust shall provide
to the Committee the support services necessary for the
Committee to carry out its duties under this Act.
(j) RELATIONSHIP TO OTHER LAW.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to
the Committee, except that meetings of the Committee
may be closed to the public by majority vote and section
14(b) of that Act does not apply to the Committee.
(k) TERMINATION.—The Committee shall terminate
on September 30, 2000.
SEC. 6. FUNDING.
(a) AVAILABILITY
OF FUNDS FROM SALE
AND
SCRAPPING OF OBSOLETE VESSELS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the amount of funds credited in a
fiscal year to the Vessel Operations Revolving Fund
established by the Act of June 2, 1951 (46 App.
U.S.C. 1241a), that is attributable to the sale of ob-
solete vessels in the National Defense Reserve Fleet
that are scrapped or sold under section 508 of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1158)
shall be available until expended as follows:
(A) 50 percent shall be available to the Ad-
ministrator of the Maritime Administration for
such acquisition, maintenance, repair, recondi-
tioning, or improvement of vessels in the Na-
tional Defense Reserve Fleet as is authorized
under other Federal law.
(B) 25 percent shall be available to the
Administrator of the Maritime Administration
for the payment or reimbursement of expenses
incurred by or on behalf of State maritime
academies or the United States Merchant Ma-
rine Academy for facility and training ship
maintenance, repair, and modernization, and
for the purchase of simulators and fuel.
(C) The remainder shall be available to the
Secretary to carry out the Program, as provided
in subsection (b).
(2) APPLICATION.—Paragraph (1) does not
apply to amounts credited to the Vessel Operations
Revolving Fund before July 1, 1994.
(b) USE OF AMOUNTS FOR PROGRAM.—
(1) IN GENERAL.—Except as provided in para-
graph (2), of amounts available each fiscal year for
the Program under subsection (a)(1)(C)—
(A) 1⁄2 shall be used for grants under sec-
tion 4(b); and
(B) 1⁄2 shall be used for grants under sec-
tion 4(c).
(2) USE
FOR
INTERIM
PROJECTS.—Amounts
available for the Program under subsection (a)(1)(C)
that are the proceeds of any of the first 6 obsolete
vessels in the National Defense Reserve Fleet that
are sold or scrapped after July 1, 1994, under sec-
tion 508 of the Merchant Marine Act, 1936 (46
U.S.C. 1158) are available to the Secretary for
grants for interim projects approved under section
4(j) of this Act.
(3) ADMINISTRATIVE EXPENSES.—
(A) IN GENERAL.—Not more than 15 per-
cent or $500,000, whichever is less, of the
amount available for the Program under sub-
section (a)(1)(C) for a fiscal year may be used
for expenses of administering the Program.
(B) ALLOCATION.—Of the amount avail-
able under subparagraph (A) for a fiscal year—
(i) 1⁄2 shall be allocated to the Na-
tional Trust for expenses incurred in ad-
ministering grants under section 4(b); and
(ii) 1⁄2 shall be allocated as appro-
priate by the Secretary to the National
Park Service and participating State His-
toric Preservation Officers.
(c) DISPOSALS OF VESSELS.—
(1) REQUIREMENT.—The Secretary of Trans-
portation shall dispose of all vessels described in
paragraph (2)—
(A) by September 30, 1999;
(B) in a manner that maximizes the return
on the vessels to the United States; and
(C) in accordance with the plan of the De-
partment of Transportation for disposal of
those vessels and requirements under sections
508 and 510(i) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1158, 1160(i)).
(2) VESSELS DESCRIBED.—The vessels referred
to in paragraph (1) are the vessels in the National
Defense Reserve Fleet after July 1, 1994, that—
(A) are not assigned to the Ready Reserve
Force component of that fleet; and
(B) are not specifically authorized or re-
quired by statute to be used for a particular
purpose.
(d) 
TREATMENT
OF
AMOUNTS
AVAILABLE.—
Amounts available under this section shall not be consid-
ered in any determination of the amounts available to the
Department of the Interior.
SEC. 7. DEFINITIONS.
In this Act:
(1) 
COMMITTEE.—The 
term 
‘‘Committee’’
means the Maritime Heritage Grants Advisory Com-
mittee established under section 5.
(2) NATIONAL
TRUST.—The term ‘‘National
Trust’’ means the National Trust for Historic Pres-
ervation created by section 1 of the Act of October
26, 1949 (16 U.S.C. 468).
(3) PRIVATE NONPROFIT ORGANIZATION.—The
term ‘‘private nonprofit organization’’ means any
person that is exempt from taxation under section
501(a) of the Internal Revenue Code of 1986 (26
U.S.C. 501(a)) and described in section 501(c)(3) of
that Code (26 U.S.C. 501(c)(3)).
(4) PROGRAM.—The term ‘‘Program’’ means
the National Maritime Heritage Grants Program es-
tablished by section 4(a).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE
HISTORIC
PRESERVATION
OFFI-
CER.—The term ‘‘State Historic Preservation Offi-
cer’’ means a State Historic Preservation Officer ap-
pointed pursuant to paragraph (1)(A) of section
101(b) of the National Historic Preservation Act (16
U.S.C. 470a(b)(1)(A)) by the Governor of a State
having a State Historic Preservation Program ap-
proved by the Secretary under that section.
SEC. 8. REGULATIONS.
The Secretary, after consultation with the National
Trust, the National Conference of State Historic Preser-
vation Officers, and appropriate members of the maritime
heritage community, shall promulgate appropriate guide-
lines, procedures, and regulations within 1 year after the
date of enactment of this Act to carry out the Act, includ-
ing regulations establishing terms of office for the initial
membership of the Committee, direct grant and subgrant
priorities, the method of solicitation and review of direct
grant and subgrant proposals, criteria for review of direct
grant and subgrant proposals, administrative require-
ments, reporting and recordkeeping requirements, and any
other requirements the Secretary considers appropriate.