National Maritime Heritage Act of 1994
PL 103-451 (H.R.3059), enacted 11/02/1994

PUBLIC LAW 103-451—NOV. 2,1994 
108 STAT. 4769 
Public Law 103-451 
^ ^ ^.^ 
103d Congress 
' 
An Act 
To establish a National Maritime Heritage Program to make grants available for 
^ 
£ 1994 
educational programs and the restoration of America's cultural resovures for 
— 
' O/XCQI— 
the purpose of preserving America's endangered maritime heritage. 
Lxl.K. ouoyj 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
National 
Maritime 
SECTION 1. SHORT TITLE. 
SSf?*^® ^^ °^ 
1994. 
This Act may be cited as the **Natioiial Maritime Heritage 1
6 U
S
C 5401 
Act of 1994". 
''°*«-
SEC. 2. FINDINGS. 
1
6 U
S
C 5401. 
The Congress finds and declares the following: 
(1) The United States is a nation witii a rich maritime 
history, and it is desirable to foster in the American public 
a greater awareness and appreciation of the role of maritime 
endeavors in our Nation's history and culture. 
(2) The maritime historical and cultural foundations 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 heritage of the United 
States. 
(4) Historic resources significant to the Nation's maritime 
heritage are beiog lost or substantially altered, often inadvert-
ently, with increasing fi*equency. 
(5) The preservation of this irreplaceable maritime heritage 
is in the pubUc interest so that its vital legacy of cultural, 
educational, aesthetic, inspirational, and economic benefits will 
be maintained and enriched for fixture generations of 
Americans. 
(6) The current governmental and nongovernmental his-
toric preservation programs and activities are inadequate to 
ensure fixture generations a genuine 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 endangered and to ensure the fixture preservation of 
the Nation's maritime heritage. 
(8) A national maritime heritage poUcy would greatly 
increase pubHc awareness of, and participation in, the preserva-
tion of the Nation's nuiritime heritage. 
108 STAT. 4770 
PUBLIC LAW 103-451—NOV. 2,1994 
16 use 5402. 
SEC. 3. NATIONAL MARITIME HERITAGE POUCY. 
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 technical assist-
ance, to foster conditions under which our modem society and 
our historic maritime resources can exist in productive 
harmony; 
(2) provide leadership in the preservation of the historic 
maritime resoiuxes of the United States; 
(3) contribute to the preservation of historic maritime 
resources and give maximum encouragement to ozganizations 
and individuals undertaking preservation by private means; 
and 
(4) assist State and local governments to expand their 
maritime historic preservation programs and activities. 
16 use 5403. 
SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PROGRAM. 
(a) EsTABUSHMENT.—^There is hereby estabUshed within the 
Department of the Interior the National Maritime 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 Pn^ram shall consist o
f
— 
(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) g^rants to State Historic ft^servation Officers for mari-
time heritage preservation projects carried out or administered 
by those Officers imder subsection (c); and 
(3) grants for interim projects under subsection (i). 
(b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— 
(1) GRANTS TO NATIONAL TRUST FOR rasTORic PRESERVA-
TION.—^The Secretary, subject to paragraphs (2), (3), and (4), 
and the availability of amounts for that purpose under section 
6(bXlXA), shall make an annual grant to the National Trust 
for msuitime heritage education projects. 
(2) USE OF GRANTS.—Amounts received by the National 
Trust as an annual grant under this subsection shall be used 
to make subgrants to State and local governments and private 
nonprofit organizations to carry out education projects which 
have been approved by the Secretaiy under subsection (f) and 
which consist o
f
—
-
(A) assistance to any maritime museum or historical 
society for— 
(i) existing and new educational prograins, exhib-
its, educational activities, conservation, and interpreta-
tion of artifacts and collections; 
(ii) minor improvements to educational and 
museum facilities; and 
(iii) other similar activities; 
(B) activities designed to encourage the preservation 
of 
traditional maritime skills, including— 
(i) building and operation oi vessels of all sizes 
and t^pes for educational purposes; 
(li) special skills such as wood carving, sail making, 
and (iiijtrad 
traditional maritime art forms; and 
PUBLIC LAW 103-451—NOV. 2,1994 
108 STAT. 4771 
(iv) sail training; 
(C) other educational activities relating to historic 
maritinie resources, including— 
(i) maritime educational waterbome-e:!q)erience 
programs in historic vessels or vessel reproductions; 
(ii) maritime archaeological field schools; and 
(iii) educational programs on other aspects of mari-
time history; 
(D) heritage programs focusing on maritime historic 
resources, including maritime heritage trails and corridors; 
or 
(E) the construction and use of reproductions of historic 
maritime resources for educational purposes, if a historic 
maritime resource no longer exists or would be damaged 
or consumed through direct use. 
(c) 
GRANTS 
FOR 
MARITIME 
HERITAGE 
PRESERVATION 
PROJECTS.— 
(1) GRANTS TO STATE HISTORIC PRESERVATION OFFICES.— 
The Secretjiry, acting through the National Maritime Initiative 
of the National Park Service and subject to paragraphs (2) 
and (3), and the avsdlability of amounts for that purpose under 
section 6(b)(1)(B), sliall make grants to State Historic Preserva-
tion Officers for maritime heritage preservation projects. 
(2) USE OF GRANTS.—^Amounts received by a State Historic 
Preservation Officer as a grant imder this subsection shall 
be used by the Officer to cany 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 maritime 
resources through— 
(A) identification of historic maritime resources, includ-
ing underwater archaeological sites; 
(B) acquisition of historic maritime resources for the 
purposes of preservation; 
(C) repair, restoration, stabilization, maintenance, or 
. 
other capital improvements to historic maritime resources, 
in accordance vdth standards prescribed by the Secretary; 
and 
(D) research, recording (through drawings, photo-
graphs, or otherwise), planning (through feasibility studies, 
arcnitectural and engineering services, or otherwise), and 
other services carried out as part of a preservation program 
for historic maritime resources. 
(d) CRITERIA FOR DIRECT GRANT AND SUBGRANT EUGIBILITY.— 
To qualify for a subgrant 
firom 
the National Trust under subsection 
(b), or a direct grant to or a subgrant 
firom 
a State Historic Preserva-
tion Officer under subsection (c), a person must— 
(1) demonstratci that ihe project for which the direct grant 
or subgrsmt will be used has the potential for reaching a broad 
audience with an effective educational program based on Amer-
ican maritime history, technology, or tne role of maritime 
endeavors in American culture; 
(2) match the amount of the direct grant or subgrant, 
on a 1-to-l basis, with non-Federal assets fix)m non-Federal 
sources, which may include cash or donated services fairly 
valued as determined by the Secretary; 
108 STAT. 4772 
PUBLIC LAW 103-451—NOV. 2,1994 
Records. 
Federal 
Roister, 
publication. 
(3) maintain records as may be reasonably necessary to 
ftilly 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 wiU facilitate an effective account-
ing for project funds; 
(4) provide access to the Secretary for the purposes 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 appHcation for a 
subgrant under subsection (b), or a direct grant or subgrant 
under subsection (c), shall be submitted under procedures pre-
scribed by the Secretary. 
(2) TERMS AND CONDITIONS.—A person may not receive 
a subgrant under subsection (b), or a direct grant or subgrant 
under subsection (c), unless the person has agreed to assume, 
after completion of the project lor 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 satisfactory to the 
Secretary. 
(f) REVIEW OF PROPOSALS.-
(1) COMMITTEE RECOMMENDATIONS.—^The National Mari-
time Heritage Grants Committee shall review applications for 
subgrants imder subsection (b), and direct grants or subgrants 
under subsection (c), and submit recommendations to the Sec-
retary regarding 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 
tmder subsection (b) for maritime heritage education projects 
is equal to the amount made available under subsection (c) 
for maritime heritage preservation projects. 
(3) LIMITATION.—The amoimt provided by the Secretary 
in a fiscal year as grants under this section for projects relating 
to historic maritime resources owned or operated by the Federal 
Government shall not exceed 40 percent of the total amount 
available for tlie fiscal year for grants tmder this section. 
(g) DIRECT GRANTS AND SUBGRANTS PROCESS.— 
(1) DIRECT GRANTS AND SUBGRANTS SOLICITATION.—^The 
Secretary shall publish annuaUv in the Federal Register and 
otJierwise as Hie Secretary considers appropriate— 
(A) a solicitation of applications tor direct grants and 
subgrants under this section; 
(B) a Ust of priorities for the making of those direct 
grants and subgrants; 
(C) a single deadline for the submission of appUcations 
for those direct grants and subgrants; and 
(D) other relevant information. 
(2) RECEIPT AND APPROVAL OR DISAPPROVAL OF DIRECT 
GRANT AND SUBGRANT APPUCATIONS.—Within 60 days after the 
PUBLIC LAW 103-451—NOV. 2, 1994 
108 STAT. 4773 
submission of recommendatioDS by the Committee to the Sec-
retary iinder subsection (hX6), the Secretary shall review and 
approve or disapprove a direct grant or subgrant for each 
project recommended by the Committee and provide to the 
Conunittee and the applicant the reasons for that approval 
or disapproval. 
(h) 
DIRECT GRANT AND SUBGRANT ADMINISTRATION.—The 
National Trust shall be responsible for administering subgrants 
for maritime heritage education projects under subsection (b), the 
* 
Secretary shall be responsible for administering direct grants for 
maritime heritage preservation projects under subsection (c), and 
the various State Historic Preservation Officers shall be responsible 
for administering subgrants for maritime heritage preservation 
projects under subsection (c), by— 
(1) publicizing the Pro-am to prospective grantees, 
subgrantees, and to the pubhc at large, in cooperation with 
the National Park Service, the Maritime Administration, and 
v • 
other appropriate government agencies and private institutions; 
(2) answering mquiries from the pubhc, including providing 
information on the Program as requested; 
(3) distributing direct grant and subgrant appUcations; 
(4) receiving direct grant and subgrant applications and 
ensuring their completeness; 
(5) forwarding the appHcations to the Committee for review 
- > 
and recommendation; 
(6) submitting to the Secretary appUcations that the 
Conmiittee recommends should be approved by the Secretary; 
(7) keeping records of all direct grant and subgrant awards 
and expenditures of iunds; 
(8) monitoring progress of projects carried out with direct 
, 
grants and subgrants; and 
(9) providing tO' the Secretary such progress reports as 
, . 
may be required by the Secretary. 
(i) ASSISTANCE OF A([ARITIME PRESERVATION ORGANIZATIONS.— 
. 
The Secretary, the National Trust, and the State Historic Preserva-
tion Officers may, indi\ddually or jointly, enter into cooperative 
agreements with any private nonprofit organization with appro-
priate expertise in maritime preservation issues, or other quaimed 
' 
nmndme preservation organizations, to assist in the administration 
of the Program. 
(j) GRANTS FOR INTERIM PROJECTS.— 
(1) GRANTS AUTHORITY.—^The Secretary, subject to para-
graph (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 para- 
. 
graph (1) are the following: 
(A) A grant to the National Museum Association (a 
nonprofit organization located in San Francisco, California) 
for payment of expenses directly related to the preservation 
and restoration of the historic fleet of tiie San Francisco 
Mcuitime National Historical Park, located in San Fran-
cisco, California. 
(B) A grant to the Virginia V Foundation (a nonprofit 
organization) for use in restoration and preservation of 
' 
. 
the historic steamship VIRGINIA V. 
(C) A grant to any nonprofit organization which oper- -• - -
ates and maintains a former hospital ship to be converted 
%
; i = > 
" 
108 STAT. 4774 
PUBLIC LAW 103-451—NOV. 2, 1994 
to engage in public health activities, for use in refurbishing 
and maintaining 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 hbrary and archives of that museum, including for 
the purpose of providing to the pubUc enhanced national 
access to those materials. 
(E) A grant for each of fiscal years 1996, 1997, 1998, 
1999, and 2000 to the Center for Maritime ana Underwater 
Resource Management at Michigan State University, for 
a pilot project to plan, design, implement, and evaluate 
innovative approaches to management and development 
of maritime and underwater cultural resources at the fol-
lowing sites: Thiuider Bay, the Manitou Passage, Isle 
Royale National Park, Keweenaw Peninsula, Marquette 
County, Alger County, Whitefish Point, the Straits of Mack-
inac, the Thumb Area, and Sanilac Shores. 
(3) GRANT CONDITIONS.—The Secretary may not make a 
grant under this subsection unless the grantee compUes 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, Eifter review by the Committee, an annual report on 
tiie 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 poUcy set forth 
in section 3. 
16 use 5404. 
SEC. 6. NATIONAL MARITIME HERITAGE GRANTS ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—^There is hereby established a National 
Maritime Heritage Grants Advisory Committee. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—^The Committee shall consist of 13 mem-
bers appointed by the Secretary from among individual mem-
bers of 
the public who— 
(A) are representatives of various sectors of the mari-
time community who are knowledgeable and escperienced 
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 representative 
of each of the fields o
f
— 
(i) small craft preservation; 
(ii) large vessel preservation; 
(iii) sail training; 
(iv) preservation architecture; 
(v) underwater archaeology; 
(vi) Ughthouse preservation; 
(vii) maritime education; 
(viii) mihtary naval history; 
(ix) maritime museums or historical societies; 
(x) maritime arts and crafts; 
PUBLIC LAW 103-451—NOV. 2, 1994 
108 STAT. 4775 
(xi) maritime heritage tourism; and 
(xil) maritime recreational resources management; 
and 
(D) include a member of the general public. 
(2) Ex OFFICIO MEMBERS.—In addition to the members 
appointed imder paragraph (1), the President of the National 
Trust and the President of the National Conference of State 
Historic Preservation OfiELcers (or their respective designees) 
shall be ex officio voting members of the Conmiittee. 
(3) TERM.—^The term of a member of the Committee 
appointed under pareigraph (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 appointment 
(4) COMPLETION OF APPOINTMENTS.—The Secretary shall 
complete appointment of the members 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 imder paragraph (1), the Secretary 
shall appoint an individual to serve the remainder of the term 
that is vacant by not later than 60 days after the vacancy 
occurs. 
(c) FEDERAL GOVERNMENT EX OFFICIO MEMBERS.—There shall 
be ex ofiicio Federal Grovemment members of the Committee as 
foUows: 
(1) At least 1 individual designated by each of— 
(A) the Director of the National Park Service; 
(B) the Administrator of the Maritime Administration; 
(C) the Commandant of the Coast Guard; 
(D) the Secretaiy of the Navy; 
(E) the Administrator of the National Oceanic and 
Atmospheric Administration; and 
(F) the Advisory Council on Historic Preservation. 
(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 proposals and m£ik-
ing funding recommendations to the Secreta^; 
(2) identifying and advising the Secretaiy regsirding prior-
ities for achieving the poUcy set forth in section 3; 
(3) reviewing the Secretary's annual report to the Congress 
under section 4(k); and 
(4) peiforming any other duties the Secretary considers 
appropriate. 
(e) QUORUM.—^Nine members of the Committee shall constitute 
a quorum for making recommendations on subgrant appHcations. 
(f) APPOINTMENTS PROCESS.—The Secretary shall— 
(1) pubUcize annually, in the Federal Register and through 
Federal 
pubHcations of preservation and maritime organizations, a ^*®?|?*®r' 
request for submission of nominations for appointments to the 
P*^'>"<^"°"-
Committee under subsection (b)(1); and 
(2) designate fix)m among the members of the Committee— 
(A) a Chairman; and 
108 STAT. 4776 
PUBLIC LAW 103-451—NOV. 2, 1994 
(B) a Vice Chairman who may act in place of the 
Chairman during the absence or disability of the Chairman 
or when the office of Chairman is vacant 
(g) COMPENSATION AND TRAVEL EXPENSES.—An individual shall 
not receive any pay by reason of membership on the Conmiittee. 
While away from home or regular place of business in the perform-
ance 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 intermit-
tently in the Grovemment service is allowed expenses under section 
5703 of title 5, United States Code. 
(h) STAFF OF FEDERAL AGENCIES.—Upon request of the Commit-
tee, the Secretary may detail, on a reimbiu*sable 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 Conmiittee, the National Trust shall provide to the Committee 
the support services necessary for the Committee to carry out 
its duties imder 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 Conmiittee may be closed to the pubUc by 
majority vote and section 14G)) of that Act does not apply to the 
Committee. 
(k) TERMINATION.—The Committee shall terminate on Septem-
ber 30, 2000. 
16 use 5405. 
SEC. 6. FUNDING. 
(a) AVAILABIUTY 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 Jime 
2, 1951 (46 App. U.S.C. 1241a), that is attributable to the 
sale of obsolete 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 
\mtil expended E
L
S follows: 
(A) 50 percent shall be available to the Administrator 
of the Maritime Administration for such acquisition, 
maintenance, repair, reconditioning, or improvement of ves-
sels in the National 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 
reimbiirsement of expenses incurred by or on behsOf of 
State maritime academies or the United States Merchant 
Marine Academy for facUity and training ship maintenance, 
repair, and modernization, and for the purchase of simula-
tors and fuel. 
(C) The remainder shall be available to the Secretary 
to carry out the Program, as provided in subsection (b). 
(2) APPUCATION.—Paragraph (1) does not apply to amounts 
credited to the Vessel Operations Revolving Fund before July 
1, 1994. 
(b) USE OF AMOUNTS FOR PROGRAM.— 
PUBLIC LAW 103-451—NOV. 2, 1994 
108 STAT. 4777 
(1) IN GENERAL.—^Except as provided in paragraph (2), of 
amounts available each fiscal year for the Program under sub-
section (aXlXC)— 
(A) V
2 shall be used for grants under section 4(b); 
and 
(B) V
a shall be used for grants imder section 4(c). 
(2) USE FOR INTERIM PROJECTS.—Amounts available for 
the Program under subsection (a)(lXC) that are the proceeds 
of any of the first 6 obsolete vessels m. the National Defense 
Reserve Fleet that are sold or scrapped after Jidy 1, 1994, 
under section 508 of the Merchant Marine Act, 1936 (46 U.S.C. 
1158) are available to the Secretary for grants for iuterim 
projects approved under section 4(j) of this Act. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) IN GENERAL.—^Not more than 15 percent or 
$500,000, whichever is less, of the amount available for 
the Program under subsection (aXlXC) for a fiscal year 
may be used for expenses of administering the Program. 
(B) ALLOCATION.—Of the amount available under 
subparagraph (A) for a fiscal year— 
(i) V2 shall be allocated to the National Trust for 
expenses iaciured in administering grants under sec-
tion 4(b); and 
(ii) V2 shall be allocated as appropriate by the 
Secretary to the National Park Service and participat-
ing State Historic Preservation Ofiicers. 
(c) DISPOSALS OF VESSELS.— 
(1) REQUIREMENT.—The Secretary of Transportation shall 
dispose of all vessels described in paragraph (2)— 
(A) by Septtjmber 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 Department 
of Transportation for disposal of those vessels and require-
ments 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 para-
^aph (1) are the vessels in the National Defense Reserve 
Fleet after July 1,1994, that— 
(A) are not assigned to the Ready Reserve Force compo-
nent of that fleet; and 
(B) are not specifically authorized or required by stat-
ute to be used for a particular purpose. 
(d) TREATMENT OF AMOUNTS AVAILABLE.—Amoimts available 
under this section shall not be considered in any determination 
of the amounts available to the Department of the Interior. 
SEC. 7. DEFINITIONS. 
16 USC 5406. 
In this Act: 
(1) COMMITTEE.—^The term "Committee" means the Mari-
time Heritage Grants Advisory Committee estabHshed under 
section 5. 
(2) NATIONAL TRUST.—The term "National Trusf means 
the National Trust for Historic Preservation 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 Gcom 
108 STAT. 4778 
PUBLIC LAW 103-451—NOV. 2, 1994 
taxation under section 501(a) of the Internal Revenue Code 
of 1986 (26 U.S.C. 501(a)) and described in section 501(cX3) 
of that Code (26 U.S.C. 501(cX3)). 
(4) PROGRAM.—^The term "Program" means the National 
Maritime Heritage Grants Program established by section 4(a). 
(5) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(6) STATE HISTORIC PRESERVATION OFFICER.—The term 
"State Historic Preservation Officer'' means a State Historic 
Preservation Officer appointed pursuant to paragraph (IXA) 
of section 101(b) of the National Historic Preservation Act (16 
U.S.C. 470a(bXlXA)) by the Governor of a State having a 
State Historic Preservation Program approved by the Secretary 
under that section. 
16 use 5407. 
SEC. 8. REGULATIONS. 
The Secretary, after consultation with the National Trust, the 
National Conference of State Historic Preservation Officers, and 
appropriate members of the maritime heritage community, shall 
promiilgate appropriate guidelines, procedures, and regulations 
within 1 year after the date of enactment of this Act to cany 
out the Act, including regulations establishing terms of office for 
the initial membership of the Committee, direct grant and subgrgmt 
priorities, the method of solicitation and review of direct grant 
and subgrant proposals, criteria for review of direct grant and 
subgrant proposals, administrative requirements, reporting and 
recordkeeping requirements, and any other requirements the Sec-
retary considers appropriate. 
16 use 5408. 
SEC. 9. SAVINGS PROVISION. 
The authorities contained in this Act shall be in addition to, 
and shall not be construed to supercede or modify those 
contained in the National Historic Preservation Act (16 U.S.C. 
470-470X-6). 
SEC 10. AUTHORITY TO CONVEY VESSEL TO THE BATTLE OF THE 
ATLANTIC HISTORICAL SOCIETY. 
(a) IN GENERAL.—^Notwithstanding any other law, the Secretary 
of Transportation may convey the right, title, and interest of the 
United States Government in and to the vessel S/S AMERICAN 
VICTORY (Victory Ship VC2-S-AP3; United States official number 
248005), or a vessel of a comparable size and class, to the Batde 
of the Atlantic Historical Society (in this section referred to as 
"the recipient"), i
f
— 
(1) the recipient agrees to use the vessel for the purposes 
of a Merchant Marine memorial, historical preservation, and 
educational activities; 
(2) the vessel is not used for commercial transportation 
purposes; 
(3) tiie recipient agrees to make the vessel available to 
the Government if the Secretary of Transportation requires 
use of the vessel by the Crovemment for war or a national 
emergency; 
(4) the recipient agrees that when the recipient no longer 
requires the vessel for use for the purposes described in para-
graph (1)— 
PUBLIC LAW 103-451—NOV. 2, 1994 
108 STAT. 4779 
(A) the recipient will, at the discretion of the Secretary 
of Transportation, reconvey the vessel to the Grovemment 
in good condition except for ordinary wear and tear or 
(B) if the recipient has decided to dissolve according 
to the laws of the State of New York, then— 
(i) the recipient shall distribute the vessel, as an 
asset of the recipient, to a person that is described 
in section 501(c)(3) of the Internal Revenue Code of 
1986 (26 U.S.C. 501(cX3)) and that is exempt from 
taxation under section 501(a) of that Code (26 U.S.C. 
501(a)), or to the Federal Government or a State or 
locsd government for a pubUc purpose; and 
(u) the vessel shaU be disposed of by a court of 
competent jurisdiction of the county in which the prin-
cipal office of the recipient is located, for such purposes 
as the court shall determine, or to such organizations 
as the court shall determine are organized exclusively 
for public piuposes; 
(5) the recipient agrees to hold the Grovemment harmless 
for any claims arisiiag from exposure to asbestos after convey-
ance of the vessel, except for claims arising from use by the 
Government under paragraph (3) or (4); 
(6) the recipient has available, for use to restore the vessel, 
in the form of cash, liquid assets, or a written loan conmiitment, 
financial resources of at least $100,000; and 
(7) the recipient is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and is 
exempt from taxation under section 501(a) of that Code (26 
U.S.C. 501(a)). 
(b) DELIVERY OF VESSEL.—If a conveyance is made under this 
section, the Secretary of Transportation shall deliver the vessel 
at the place where the vessel is located on the date of enactment 
of this Act, in its present condition, without cost to the Government. 
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary of Transpor-
tation may convey to the recipient any unneeded equipment from 
other vessels in the National Defense Reserve Fleet for use to 
restore the S/S AMERICAN VICTORY, or a vessel of a comparable 
size and class, to museum quality. 
(d) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary of Transportation under this section to convey a vessel to 
the Battle of the Atlantic Historical Society shall expire 2 years 
after the date of enactment of this Act. 
(e) REVERSIONARY I^^^EREST OF THE UNITED STATES.—All right, 
title, and interest in and to a vessel that is conveyed under sub-
section (a) to and held by the recipient shall revert to the United 
States at any time that it is fLnally determined that the recipient 
is not exempt from taxation under section 501(a) of the Internal 
Revenue Code of 1986 (26 U.S.C. 501(a)). 
SEC. 11. 
AUTHORITY 
TO 
CONVEY VESSEL 
TO 
WARSAW, KENTUCKY. 
(a) AUTHORITY TO CONVEY.—^Notwithstanding any other provi-
sion of law, the Secretary of Transportation may, subject to 
subsection (c), convey to the City of Warsaw, Kentucky, without 
consideration, for use by the City for the promotion of economic 
development and tourism, all right, title, ana interest of the United 
States in a vessel, inclucUng related spare parts and vessel equip-
ment, which— 
108 STAT. 4780 
PUBLIC LAW 103-451—NOV. 2, 1994 
(1) is in the National Defense Reserve Fleet on the date 
of enactment of this Act; 
(2) has no usefulness to the United States Government; 
and 
(3) is scheduled to be scrapped. 
(b) DELIVERY.—^At the request of the City of Warsaw, Kentucky, 
the Secretary of Transportation is authorized to deUver the vessel 
referred to in subsection (a)— 
(1) at the place where the vessel is located on the date 
of the approval of 
the conveyance; 
(2) in its condition on that date; and 
(3) without cost to the United States Government. 
(c) CONDITIONS.—^As a condition of any conveyance of a vessel 
iinder subsection (a), the Secretary of Transportation shall require 
that the City— 
(1) raise, before the date of the conveyance, at least 
$100,000 firom non-Federal sources to support the intended 
use of the vessel; 
(2) Eigree to indenmify the United States for any liability 
arising fit)m or caused by the vessel after the date of the 
conveyance of the vessel, including liabiUty— 
(A) for personal iiyury or damage to property; 
(B) related to the delivery of the vessel to the City; 
and 
(C) related to asbestos; and 
(3) comply with any other conditions the Secretary consid-
ers appropriate. 
(d) UNITED STATES NOT LIABLE.—Notwithstanding any other 
P
rovision of law, the Grovemment of the United States shall not 
e liable to any person for any liability described in subsection 
(cX2). 
(e) TERMINATION OF AUTHORITY.—^The authority of the Sec-
retary of Transportation under this section to convey a vessel to 
the City of Warsaw, Kentucky, shall expire 2 years after the date 
of enactment of this Act 
SEC. 12. AUTHORITY TO CONVEY VESSEL TO ASSISTANCE INTER-
NATIONAL, INC. 
(a) CONVEYANCE.—^Notwithstanding any other law, the Sec-
retary of Transportation may convey, without compensation and 
by not later than September 30, 1996, £dl right, title, and interest 
of the United States Grovemment in and to the vessels L.S.T. 
TIOGA COUNTY, R.V. LYNCH, and L.S.T. LORRAQ^E COUNTY, 
including related spare parts and vessel equipment, to the nonprofit 
corporation Assistance International, Inc. (hereinafter in this sec-
tion referred to as tlie "recipient"), for use in emergencies, vocational 
training, and economic development programs. 
(b) CONDITIONS.—As a condition of any vessel conveyance under 
this section the Secretaiy of Transportation shall require the recipi-
ent to— 
(1) agree to use the vessel solely for nonprofit activities; 
(2) agree to not use the vessel for commercial transportation 
purposes in competition with any United States-flag vessel; 
(3) agree to make the vessel available to the Government 
whenever use of tlie vessel is required by the Government; 
PUBLIC LAW 103-451—NOV. 2,1994 
108 STAT. 4781 
(4) agree that, whenever the recipient no longer requires 
the use of the vessel for its nonprofit activities, me recipient 
shaU— 
(A) at the discretion of the Secretary of Transportation, 
reconvey the vessel to the Government in as good a condi-
tion as when it was received fix)m the Government, except 
for ordinary wear and tear; and 
(B) deliver the vessel to the Grovemment at the place 
where the vessel was delivered to the recipient; 
(5) agree to hold tiie Government harmless for any claim 
arising aAer conveyance of the vessel, except for claims against 
tlie Government arising during the use of the vessel by the 
Government under paragraph (3) or (4); 
(6) have available at least $100,000 fix)m non-Federal 
sources to support the intended uses of the vessel; and 
(7) agree to any other conditions the Secretary of Transpor-
tation considers ^propriate. 
(c) DELIVERY.—^The Secretary of Transportation shall deliver 
each vessel conveyed under this section to the recipient— 
(1) at the place where the vessel is located on the date 
of enactment of 
this Act; 
(2) in its condition on July 25, 1991, except for ordinary 
wear and tear occurring after that date; and 
(3) without cost to the Government 
(d) TERMINATION OF AUTHORITY.—The Authority of the Sec-
retary of Transportation under this section to convey vessels to 
Assistance International, Inc., shall expire 2 years after the date 
of enactment of this Act 
SEC. 13. AUTHORIIY TO CONVEY VESSEL TO THE RIO GRANDE MILI-
TARY MUSEUM. 
(a) IN GENERAL.—^Notwithstanding any other law, the Secretary 
of Transportation may convey the right, titie, and interest of the 
United States Government in and to the vessel USS SPHINX (ARL^ 
24), to the Rio Grande Military Museum (a not-for-profit corpora-
tion, hereinafter in this section referred to as the recipient*) for 
use as a militaiy musemn, i
f
— 
(1) the recipient agrees to use the vessel as a nonprofit 
military museum; 
(2) the vessel is not used for commercial transportation 
purposes; 
(3) tiie recipient agrees to make the vessel available to 
the Government when me Secretary of Transportation requires 
use of the vessel by the Government; 
(4) the recipient agrees that when the recipient no longer 
requires the vessel for use as a nulitaiy museiun— 
(A) the recipient will at the discretion of the Secretary 
of Tremsportation, reconvey the vessel to tiie Government 
in good condition except for ordinary wear and tear, or 
(B) if the Bofird of Directors of the recipient has decided 
to dissolve the recipient according to the laws of the State 
of 
Texas, then— 
(i) the recipient shall distribute the vessel, as an 
asset of the recipient, to a person that has been deter-
mined exempt from taxation under the provisions of 
section 501(cX3) of the Internal Revenue Code, or to 
108 STAT. 4782 
PUBLIC LAW 103-451—NOV. 2, 1994 
the Federal Grovemment or a State or local government 
for a public purpose; and 
(ii) the vessel shall be disposed of by a court of 
competent jurisdiction of the coimty in which the prin-
cipal office of the recipient is located, for such purposes 
as the court shall determine, or to such oiganizations 
as the court shall determine are organized exclusively 
for public purposes; 
(5) the recipient agrees to hold the Government harmless 
for any claims arising from exposure to asbestos after convey-
ance of the vessel, except for claims arising from use by me 
Government under paragraph (3) or (4); and 
(6) the recipient has available, for use to restore the vessel, 
in the form of cash, liquid Eissets, or a written loan commitment, 
financial resources of at least $100,000. 
(b) DELIVERY OF VESSEL.—If a conveyance is made under this 
section, the Secretary of Transportation shall deliver the vessel 
at the place where the vessel is located on the date of enactment 
of this Act, in its present condition, without cost to the Grovemment 
(c) OTHER UNNEEDED EQUIPME^p^.—The Secretary of Transpor-
tation may also convey any unneeded equij^ment 
fix)m 
other vessels 
in the National Defense Reserve Fleet in order to restore tiie 
USS SPHINX (ARL-24) to museum quality. 
(d) TERMINATION OF AUTHORITY.—llie authority of the Sec-
reta^ of Transportation under this section to convey a vessel to 
the Rio Grande Military Museum shall expire 2 years after the 
date of enactment of this Act. 
Approved November 2,1994. 
LEGISLATIVE HISTORY—H.R. 3059: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 4, 5, considered and passed House. 
Oct. 8, considered and pt^sed Senate.