Coast Guard Authorization Act of 1991
PL 102-241 (H.R.1776), enacted 12/19/1991

105 STAT. 2208 
PUBLIC LAW 102-241—DEC. 19, 1991 
Dec. 19,1991 
[H.R. 1776] 
Ck)ast Guard 
Authorization 
Act of 1991. 
Maritime 
affairs. 
Public Law 102-241 
102d Congress 
An Act 
To authorize for fiscal year 1992 the United States Coast Guard Budget. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Coast Guard Authorization Act of 
1991". 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for Fiscal Year 1992, as follows: 
(a) For the operation and maintenance of the Coast Guard, 
$2,570,000,000, of which $500,000 shall be used to implement the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (Public Law 101-646), and $35,000,000 shall be expended from 
the Boat Safety Account. 
(bXD For the acquisition, construction, rebuilding and improve-
ment of aids to navigation, shore and offshore facilities, vessels, 
sonar simulators, and aircraft, including equipment related thereto, 
$466,000,000, of which $29,000,000 shall be used to acquire a com-
mand and control aircraft, to remain available until expended. 
(2) Funds authorized to be appropriated for the construction of a 
new seagoing buoy tender (WLB) may not be expended for the 
acquisition of oil recovery systems unless those systems are manu-
factured in the United States and only pursuant to competitive 
bidding based on performance specification and cost. 
(3XA) Notwithstanding another provision of law, the Secretary of 
the department in which the Coast Guard is operating may submit a 
request for reprogramming of funds to purchase, lease, or lease with 
option to purchase a replacement command and control aircraft for 
the Coast Guard during fiscal year 1992. The request shall be in 
accordance with the existing procedures for congressional review of 
appropriations 
reprogramming 
requests. 
Subject 
to 
those 
reprogramming procedures— 
(i) the Coast Guard may enter into a multiyear lease agree-
ment for a replacement aircraft and may utilize operating 
expenses for a multiyear lease but not for the purchase of 
aircraft; and 
(ii) funds may be reprogrammed, pursuant to the request, 
from any subaccount of the acquisition, construction, and 
improvements appropriation. 
(B) The Coast Guard may transfer the current command and 
control aircraft to the vendor of a replacement aircraft in exchangfe 
for an equitable reduction in the cash price of an aircraft to be 
acquired, or in lieu of exchange, the current aircraft may be sold 
and the proceeds applied toward a purchase, lease, or lease with 
option to purchase. 
69-189 0-91(241) 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2209 
(4) Before October 1, 1992, the Secretary of Transportation shall 
use funds as may be necessary, not more than $14,000,000, to begin 
and actively pursue the renovation project to extend the useful life 
of the Coast Guard Cutter Mackinaw at lesist an additional 15 years. 
(c) For research, development, test, and evaluation, $29,150,000, to 
remain available until expended. 
(d) For retired pay (including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose), payments 
under the Retired Serviceman's Family Protection and Survivor 
Benefit Plans, and payments for medical care of retired personnel 
and their dependents under chapter 55 of title 10, United States 
Code, $487,700,000, to remain available until expended. 
(e) For alteration or removal of bridges over navigable waters of 
the United States constituting obstructions to navigation, and for 
personnel and administrative costs associated with the Bridge Alter-
ation Program, $11,100,000, to remain available until expended. 
(f) For environmental compliance and restoration at Coast Guard 
facilities, $25,100,000, to remain available until expended. 
(g) Of the amounts authorized for Coast Guard operations and 
maintenance and acquisition, construction and improvement, the 
following amounts shall be derived from transfer from the Oil Spill 
Liability Fund for implementation of the Oil Pollution Act of 1990 
(Public Law 101-380; 104 Stat. 484): 
(1) $25,000,000 for operating expenses; and 
(2) $30,000,000 to establish the National Response System 
under section 311(j) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)), including the purchase and prepositioning of 
oil spill removal equipment. 
(h) Of the amounts authorized for Coast Guard operations and 
maintenance, not more than $1,900,000 shall be used for annual 
obligations of membership in the International Maritime Organiza-
tion for calendar year 1992, notwithstanding section 2 of the Act of 
September 21,1950 (22 U.S.C. 262a). 
SEC. 3. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY 
TRAINING FOR FISCAL YEAR 1992. 
(a) As of September 30, 1992, the Coast Guard is authorized an 
end-of-year strength for active duty personnel of 39,559. The au-
thorized strength does not include members of the Ready Reserve 
called to active duty under section 712 of title 14, United States 
Code. 
(b) For fiscal year 1992, the Coast Guard is authorized average 
military training student loads as follows: 
(1) For recruit and special training, 2,653 student years. 
(2) For flight training, 110 student years. 
(3) For professional training in military and civilian institu-
tions, 362 student years. 
(4) For officer acquisition, 878 student years. 
SEC. 4. TRANSFER OF AUTHORITY FROM THE SECRETARY OF TRANSPOR-
TATION TO THE SECRETARY OF THE NAVY UPON THE TRANSFER 
OF THE COAST GUARD TO THE NAVY. 
Not later than ninety days after enactment of this Act, the Reports. 
Secretary of Transportation shall submit to Congress a report on the 
functions, powers, and duties vested in the Secretary of Transpor-
tation and exercised through delegation to the Commandant of the 
Coast Guard that would be transferred to the Secretary of the Navy 
105 STAT. 2210 
PUBLIC LAW 102-241—DEC. 19, 1991 
when the Coast Guard operates as a service in the Navy under 
section 3 of title 14, United States Code. 
SEC. 5. RETIREMENT OF REAR ADMIRALS. 
(a) Section 290 of title 14, United States Code, is amended— 
(1) in subsection (e) by striking "June 30 o f and substituting 
"July 1 of the promotion year immediately following"; and 
(2) by striking subsections (f) and (g) and substituting the 
following new subsections: 
"(f)(1) Unless retired under another provision of law, each officer 
who is continued on active duty under this section shall, except as 
provided in paragraph (2), be retired on July 1 of the promotion year 
immediately following the promotion year in which that officer 
completes seven years of combined service in the grades of rear 
admiral (lower half) Euid rear admiral, unless that officer is selected 
for or serving in the grade of admiral or vice admiral or the position 
of Chief of Staff or Superintendent of the (Doast Guard Academy. 
"(2) The Commandant, with the approval of the Secretary, may by 
annual action retain on active duty from promotion year to pro-
motion year any officer who would otherwise be retired under 
paragraph (1). Unless selected for or serving in the grade of admiral 
or vice admiral or the position of Chief of Staff or Superintendent of 
the Coast Guard Academy, or retired under another provision of 
law, an officer so retained shall be retired on July 1 of the promotion 
year immediately following the promotion year in which no action is 
taken to further retain that officer under this paragraph. 
"(gXl) Unless retired under another provision of law, an officer 
subject to this section shall, except as provided in paragraph (2), be 
retired on July 1 of the promotion year immediately following the 
promotion year in which that officer completes a total of thirty-six 
years of active commissioned service unless selected for or serving in 
the grade of admiral. 
"(2) The Commandant, with the approval of the Secretary, may by 
annual action retain on active duty from promotion year to pro-
motion year any officer who would otherwise be retired under 
paragraph (1). Unless selected for or serving in the grade of admiral 
or retired under another provision of law, an officer so retained 
shall be retired on July 1 of the promotion year immediately 
following the promotion year in which no action is taken to further 
retain that officer under this paragraph.". 
(b)(1) Section 290(a) of title 14, United States Code, is amended by 
striking "he" and substituting "that officer". 
(2) Section 290(d) of title 14, United States Code, is amended by 
striking "his" each place it appears. 
SEC. 6. ENLISTED PERSONNEL BOARDS. 
(a) Section 357 of title 14, United States Code, is amended to read 
as follows: 
"(a) Enlisted Personnel Boards shall be convened as the Com-
mandant may prescribe to review the records of enlisted members 
who have twenty or more years of active military service. 
"(b) Enlisted members who have twenty or more years of active 
military service may be considered by the Commandant for involun-
tary retirement and may be retired on recommendation of a 
Board— 
"(1) because the member's performance is below the stand-
ards the Commandant prescribes; or 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2211 
"(2) because of professional dereliction. 
"(c) An enlisted member under review by the Board shall be— 
"(1) notified in writing of the reasons the member is being 
considered for involuntary retirement; 
"(2) allowed sixty days from the date on which counsel is 
provided under pareigraph (3) to submit any matters in rebuttal; 
"(3) provided counsel, certified under section 827(b) of title 10, 
to help prepare the rebuttal submitted under paragraph (2) and 
to represent the member before the Board under paragraph (5); 
"(4) allowed full access to and be furnished with copies of 
records relevant to the consideration for involuntary retirement 
prior to submission of the rebuttal submitted under paragraph 
(2); and 
"(5) allowed to appear before the Board and present witnesses 
or other documentation related to the review. 
"(d) A Board convened under this section shall consist of at least 
three commissioned officers, at least one of whom shall be of the 
grade of commander or above. 
"(e) A Board convened under this section shall recommend to the 
Commandant enlisted members who— 
"(1) have twenty or more years of active service; 
"(2) have been considered for involuntary retirement; and 
"(3) it determines should be involuntarily retired. 
"(f) After the Board makes its determination, each enlisted 
member the Commandant considers for involuntary retirement 
shall be— 
"(1) notified by certified mail of the reasons the member is 
being considered for involuntary retirement; 
"(2) allowed sixty days from the date counsel is provided 
under paragraph (3) to submit any matters in rebuttal; 
"(3) provided counsel, certified under section 827(b) of title 10, 
to help prepare the rebuttal submitted under paragraph (2); and 
"(4) allowed full access to and be furnished with copies of 
records relevant to the consideration for involuntary retirement 
prior to submission of the rebuttal submitted under paragraph 
(2). 
"(g) If the Commandant approves the Board's recommendation, 
the enlisted member shall be notified of the Commandant's decision 
and shall be retired from the service within ninety days of the 
notification. 
"(h) An enlisted member, who has completed twenty years of 
service and who the Commandant has involuntarily retired under 
this section, shall receive retired pay. 
"(i) An enlisted member voluntarily or involuntarily retired after 
twenty years of service who was cited for extraordinary heroism in 
the line of duty shall be entitled to an increase in retired pay. The 
retired pay shall be increased by 10 percent of— 
"(1) the active-duty pay and permanent additions thereto of 
the grade or rating with which retired when the member's 
retired pay is computed under section 423(a) of this title; or 
"(2) the member's retired pay base under section 1407 of title 
10, when a member's retired pay is computed under section 
423(b) of this title. 
"(j) When the Secretary orders a reduction in force, enlisted 
personnel may be involuntarily separated from the service without 
the Board's action.". 
105 STAT. 2212 
PUBLIC LAW 102-241—DEC. 19, 1991 
(b) The catchline to section 357 of title 14, United States Code, is 
amended to read: 
"§ 357. Involuntary retirement of enlisted members"; 
and item 357 in the analysis to chapter 11 of title 14, United States 
Code, is amended to read: 
"357. Involuntary retirement of enlisted members.". 
SEC. 7. AUTHORITY TO ACCEPT COURT-ORDERED COMMUNITY SERVICE. 
Section 93 of title 14, United States Code, is amended by— 
(1) striking the word "and" at the end of subsection (q); 
(2) striking the period at the end of subsection (r) and insert-
ing "; and"; and 
(3) adding the following new subsection: 
"(s) accept, under terms and conditions the Commandant 
establishes, the service of an individual ordered to perform 
community service under the order of a Federal, State, or 
municipal court.". 
SEC. 8. HOUSING UNIT LEASE AUTHORITY. 
(a)(1) The Coast Guard may enter into a lease, for a term in excess 
of one fiscal year, to acquire a site at the Massachusetts Military 
Reservation on Cape Cod, Massachusetts, for construction or renova-
tion of housing units, or both. 
(2) Any lease authorized under paragraph (1) is effective only to 
the extent that amounts are provided for in advance in appropria-
tions Acts. 
(b) Beginning in fiscal year 1991, the Coast Guard may spend 
appropriated amounts for the construction or renovation (or both) of 
housing units at the site of the Massachusetts Military Reservation. 
SEC. 9. AIR FACILITIES LEASE AUTHORITY. 
(a)(1) The Coast Guard may enter into a lease, for a term in excess 
of one fiscal year, to acquire a site at Charleston, South Carolina, for 
construction of a permanent air facility. 
(2) Any lease authorized under paragraph (1) is effective only to 
the extent that amounts are provided for in advance in appropria-
tions Acts. 
(b) Beginning in fiscal year 1991, the Coast Guard may spend 
appropriated amounts for the construction of a permanent air facil-
ity on the site at Charleston, South Carolina. 
Reports. 
SEC. 10. COAST GUARD HOUSING STUDY. 
Not later than six months after the date of enactment of this Act, 
the Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives a report on Coast Guard housing. The report shall 
examine the current housing problems of the Coast Guard, the long-
term housing needs of the Coast Guard, and estimates of projected 
housing costs needed to relieve the current problems. 
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SEC. 
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TWO-YEAR 
BUDGET 
CYCLE 
FOR 
THE 
COAST 
GUARD. 
Notwithstanding another law, the President is not required to 
submit a two-year budget request for the Coast Guard until the 
President is required to submit a two-year budget request for the 
Department of Transportation. 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2213 
SEC. 12. TRANSPORTATION OF HOUSEHOLD EFFECTS OF COAST GUARD 
CADETS. 
Section 406(b)(2XE) of title 37, United States Code, is amended to 
read as follows: 
"(E) Under regulations prescribed by the Secretary of Defense, or Regulations, 
the Secretary of Transportation for the Coast Guard when it is not 
operating as a service in the Navy, cadets at the United States 
Military Academy, the United States Air Force Academy, and the 
United States Coast Guard Academy, and midshipmen at the United 
States Naval Academy shall be entitled, in connection with tem-
porary or permanent station change, to transportation of baggage 
and household effects as provided in subparagraph (A) of this para-
graph. The weight allowance for cadets and midshipmen is 350 
pounds.". 
SEC. 13. EMERGENCY RECALL OF RESERVISTS. 
Section 712(a) of title 14, United States Code, is amended to read 
as follows: 
"(a) Notwithstanding another law, and for the emergency aug-
mentation of the Regular Coast Guard forces during a serious 
natural or manmade disaster, accident, or catastrophe, the Sec-
retary may, without the consent of the member affected, order to 
active duty of not more than thirty days in any four-month period 
and not more than sixty days in any two-year period an organized 
training unit of the Coast Guard Ready Reserve, a member thereof, 
or a member not assigned to a unit organized to serve as a unit.". 
SEC. 14. RECALL OF RETIRED OFFICERS. 
(a) Section 332(b) of title 14, United States Code, is amended by 
striking " 1 " and substituting "2". 
(b) Section 332(a) of title 14, United States Code, is amended bv 
striking "his" and substituting "that officer's" and by striking "he ' 
and substituting "that officer". 
SEC. 15. COAST GUARD ACADEMY ADVISORY COMMITTEE TERMINATION 
DATE. 
Section 193 of title 14, United States Code, is amended by striking at 
the end "September 30, 1992", and inserting "September 30, 1994". 
SEC. 16. AMENDMENT 
TO THE 
VESSEL 
BRIDGE-TO-BRIDGE 
RADIO-
TELEPHONE ACT OF 1971. 
Section 4(a)(1) of the Vessel Bridge-to-Bridge Radiotelephone Act 
of 1971 (33 U.S.C. 1203(aXl)) is amended to read as follows: 
"(1) every power-driven vessel of twenty meters or over in 
length while navigating;". 
SEC. 17. NORTH CAROLINA MARITIME MUSEUM. 
Notwithstanding section 3301(8) of title 46, United States Code, 
the GENERAL GREENE (vessel identification 
number 
USG 
NP5000025661), may transport not more than sixteen passengers 
when the North Carolina Maritime Museum operates the vessel for 
educational purposes. 
SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMIT- 
Establishment. 
TEE. 
(aXD There is established a Houston-Galveston Navigation Safety 
Advisory Committee (hereinafter referred to as the "Committee"). 
The Committee shall advise, consult with, and make recommenda-
106 STAT. 2214 
PUBLIC LAW 102-241—DEC. 19, 1991 
tions to the Secretary of the department in which the Coast Guard is 
operating (hereinafter in this part referred to as the "Secretary") on 
matters relating to the transit of vessels and products to and from 
the Ports of Galveston, Houston, Texas City, and Galveston Bay. The 
Secretary shall, whenever practicable, consult with the Committee 
before taking any significant action related to navigation safety at 
these port facilities. Any advice or recommendation made by the 
Committee to the Secretary shall reflect the independent judgment 
of the Committee on the matter concerned. 
(2) The Committee is authorized to make available to Congress 
any information, advice, and recommendations that the Committee 
is authorized to give to the Secretary. The Committee shall meet at 
the call of the Secretary, but in any event not less than once during 
each calendar year. All matters relating to or proceedings of the 
Committee shall comply with the Federal Advisory Committee Act 
(5App.U.S.C.). 
(b) The Committee shall consist of eighteen members, who have 
particular expertise, knowledge, and experience regarding the 
transportation, equipment, and techniques that are used to ship 
cargo and to navigate vessels in the inshore and the offshore waters 
of the Gulf of Mexico: 
(1) Two members who are employed by the Port of Houston 
Authority or have been selected by that entity to represent 
them. 
(2) Two members who are employed by the Port of Galveston 
or the Texas City Port Complex or have been selected by those 
entities to represent them. 
(3) Two members from organizations that represent ship-
owners, stevedores, shipyards, or shipping organizations domi-
ciled in the State of Texas. 
(4) Two members representing organizations that operate tugs 
or barges that utilize the port facilities at Galveston, Houston, 
and Texas City Port Complex. 
(5) Two members representing shipping companies that trans-
port cargo from the Ports of Galveston and Houston on liners, 
break bulk, or tramp steamer vessels. 
(6) Two members representing those who pilot or command 
vessels that utilize the Ports of Galveston and Houston. 
(7) Two at-large members who may represent a particular 
interest group but who utilize the port facilities at Galveston, 
Houston, and Texas City. 
(8) One member representing labor organizations which load 
and unload cargo at the Ports of Galveston and Houston. 
(9) One member representing licensed merchsmt mariners, 
other than pilots, who perform shipboard duties on vessels 
which utilize the port facilities of Galveston and Houston. 
(10) One member representing environmental interests. 
(11) One member representing the general public. 
Federal 
(c) The Secretary shall appoint the members of the Committee 
^*^|?*®r.' 
after first soliciting nominations by notice published in the Federal 
publication. 
Register. The Secretary may request the head of any other Federal 
agency or department to designate a representative to advise the 
Committee on matters within the jurisdiction of that agency or 
department. 
(d) The Committee shall elect, by majority vote at its first meeting, 
one of the members of the Committee as the chairman and one of 
the members as the vice chairman. The vice chairman shall act as 
PUBLIC LAW 102-241—DEC. 19,1991 
105 STAT. 2215 
chairman in the absence or incapacity of, or in the event of a 
vacancy in the Office of the Chairman. 
(e) Terms of members appointed to the Committee shall be for two 
years. The Secretary shall, not less often than once a year, publish 
notice in the Federal Register for solicitation of nominations for 
membership on the Committee. 
(f) Members of the Committee who are not officers or employees of 
the United States shall serve without pay and members of the 
Committee who are officers or employees of the United States shall 
receive no additional pay on account of their service on the Commit-
tee. While away from their homes or regular places of business, 
members of the Committee may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by section 5703 of 
title 5, United States Code. 
(g) The term of members of the Committee shall begin on 
October 1, 1992. 
SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. 
(a)(1) There is established a Lower Mississippi River Waterway 
Advisory Committee (hereinafter referred to as the "Committee"). 
The Committee shall advise, consult with, and make recommenda-
tions to the Secretary of the department in which the Coast Guard is 
operating (hereinafter in this part referred to as the "Secretary") on 
a wide range of matters regarding all facets of navigational safety 
related to the Lower Mississippi River. The Secretary shall, when-
ever practicable, consult with the Committee before taking any 
significant action related to navigation safety in the Lower Mis-
sissippi River. Any advice or recommendation made by the Commit-
tee to the Secretary shall reflect the independent judgment of the 
Committee on the matter concerned. 
(2) The Committee is authorized to make available to Congress 
any information, advice, and recommendations which the Commit-
tee is authorized to give the Secretary. The Committee shall meet at 
the call of the Chairman, or upon request of the majority of Commit-
tee members, but in any event not less than once during each 
calendar year. All matters relating to or proceedings of the Commit-
tee shall comply with the Federal Advisory Committee Act (5 App. 
U.S.C). 
(b) The Committee shall consist of twenty-four members who have 
expertise, knowledge, and experience regarding the transportation, 
equipment, and techniques that are used to ship cargo and to 
navigate vessels on the Lower Mississippi River and its connecting 
navigable waterways including the Gulf of Mexico: 
(1) Five members representing River Port Authorities be-
tween Baton Rouge, Louisiana, and the head of passes of the 
Lower Mississippi River, of which one member shall be from the 
Port of St. Bernard and one member from the Port of 
Plaquemines. 
(2) Two members representing vessel owners or ship owners 
domiciled in the State of Louisiana. 
(3) Two members representing organizations which operate 
harbor tugs or barge fleets in the geographical area covered by 
the Committee. 
(4) Two members representing companies which transport 
cargo or passengers on the navigable waterways in the geo-
graphical area covered by the Committee. 
Federal 
Roister, 
publication. 
Establishment. 
Safety. 
105 STAT. 2216 
PUBLIC LAW 102-241—DEC. 19,1991 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
(5) Three members representing State Commissioned Pilot 
organizations, with one member each representing the New 
Orleans/Baton Rouge Steamship Pilots Association, the Cres-
cent River Port Pilots Association, and the Associated Branch 
Pilots Association. 
(6) Two at-large members who utilize water transportation 
facilities located in the geographical area covered by the 
Committee. 
(7) Three members representing consumers, shippers, or 
importers/exporters that utilize vessels which utilize the navi-
gable waterways covered by the Committee. 
(8) Two members representing those licensed merchant mari-
ners, other than pilots, who perform shipboard duties on those 
vessels which utilize navigable waterways covered by the 
Committee. 
(9) One member representing an organization that serves in a 
consulting or advisory capacity to the maritime industry. 
(10) One member representing an environmental organi-
zation. 
(11) One member representing the general public. 
(c) The Secretary shall appoint the members of the Committee 
upon recommendation after first soliciting nominations by notice in 
the Federal Register. The Secretary may request the head of any 
other Federal agency or department to designate a representative to 
advise the Committee on matters within the jurisdiction of that 
agency or department, who shall not be a voting member of the 
Committee. 
(d) The Committee shall annually elect, by majority vote at its 
first meeting, a chairman and vice chairman from its membership. 
The vice chairman shall act as chairman in the absence or incapac-
ity of, or in the event of a vacancy in, the Office of the Chairman. 
(e) Terms of members appointed to the Committee shall be two 
years. The Secretary shall, not less than once a year, publish notice 
in the Federal Register for solicitation of nominations for member-
ship on the Committee. 
(f) Members of the Committee who are not officers or employees of 
the United States shall serve without pay and members of the 
Committee who are officers or employees of the United Stetes shall 
receive no additional pay on account of their service on the Com-
mittee. While away from their homes or regular place of business, 
members of the Committee may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by section 5703 of 
title 5, United States Code. 
SEC. 20. VESSEL REQUIREMENTS. 
Section 3503 of title 46, United States Code, is amended as follows: 
(1) in subsection (a), by striking "November 1, 1993" and 
substituting "November 1,1998"; and 
(2) in subsection (b)(1)— 
(A) by striking "and" at the end of subparagraph (B); 
(B) by striking the period at the end of subparagraph (C) 
and substituting "; and"; and 
(C) by adding the following new subparagraph: 
"(D) the owner or managing operator of the vessel shall 
notify the Coast Guard of structural alterations to the 
vessel, and with regard to those alterations comply with 
any noncombustible inaterial requirements that the Coast 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2217 
Guard prescribes for nonpublic spaces. Coast Guard 
requirements shall be consistent with preservation of the 
historic integrity of the vessel in areas carrying or acces-
sible to passengers or generally visible to the public", 
SEC. 21. AMENDMENT OF INLAND NAVIGATIONAL RULES. 
Section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2001 et seq.) is amended— 
(1) in Rule 1(e) (33 U.S.C. 2001(e)), by striking "without inter-
fering with the special function of the vessel,"; and 
(2) in Rule 8 (33 U.S.C. 2008), by inserting immediately after 
paragraph (e) the following new paragraph: 
"(f)(i) A vessel which, by any of these Rules, is required not to 
impede the passage or safe passage of another vessel shall, when 
required by the circumstances of the case, take early action to allow 
sufficient sea room for the safe passage of the other vessel. 
"(ii) A vessel required not to impede the passage or safe passage of 
another vessel is not relieved of this obligation if approaching the 
other vessel so as to involve risk of collision and shall, when taking 
action, have full regard to the action which may be required by the 
Rules of this part. 
"(iii) A vessel the passage of which is not to be impeded remains 
fully obliged to comply with the Rules of this part when the two 
vessels are approaching one another so as to involve risk of 
collision.". 
SEC. 22. DESIGNATION OF THE BORDEAUX RAILROAD BRIDGE AS AN 
OBSTRUCTION TO NAVIGATION. 
Notwithstanding another law, the Bordeaux Railroad Bridge at 
mile 185.2 of the Cumberland River is deemed an unreasonable 
obstruction to navigation. 
SEC. 23. NEW CONSTRUCTION DECLARATION. 
The vessel, SEA FALCON, United States official number 606930, 
is deemed to have been built in the year 1990 for all purposes of 
subtitle II of title 46, United States Code. 
SEC. 24. NATIONAL BOATING SAFETY ADVISORY COUNCIL. 
Section 13110(e) of title 46, United States Code, is amended by 
striking "September 30, 1991" and substituting "September 30, 
1996". 
SEC. 25. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMIT-
TEE. 
Section 4508(e)(1) of title 46, United States Code, is amended by 
striking "1992" and substituting "1994". 
SEC. 26. CONVEYANCE OF CAPE MAY POINT LIGHTHOUSE. 
(a)(1) The Secretary may convey to the State of New Jersey, by 
any appropriate means of conveyance, all right, title, and interest of 
the United States in and to property comprising the Cape May Point 
Lighthouse. 
(2) The Secretary may identify, describe, and determine the prop-
erty to be conveyed pursuant to this section. 
(b)(1) A conveyance of property pursuant to this section shall be 
made— 
(A) without the payment of consideration; and 
New Jersey. 
Historic 
preservation. 
Real property. 
105 STAT. 2218 
PUBLIC LAW 102-241—DEC. 19,1991 
* Louisiana. 
Massachusetts. 
Historic 
preservation. 
Real property. 
(B) subject to such terms and conditions as the Secretary may 
consider appropriate. 
(2) In addition to any term or condition established pursuant to 
paragraph (1), any conveyance of property pursuant to this section 
shall be subject to the condition that all right, title, and interest in 
and to all such property so conveyed shall immediately revert to the 
United States if the property, or any part thereof, ceases to be used 
as a nonprofit center for public benefit for the interpretation and 
preservation of the material culture of the United States Coast 
Guard and the maritime history of Cape May, New Jersey. 
(3) Any conveyance of property pursuant to this section shall be 
subject to such conditions as the Secretary considers to be necessary 
to assure that— 
(A) the light, antennas, sound signal, and associated equip-
ment located on the property conveyed, which are active aids to 
navigation, shall continue to be operated and maintained by the 
United States; 
(B) the State of New Jersey may not interfere or allow 
interference in any manner with such aids to navigation with-
out express written permission from the United States; 
(C) there is reserved to the United States the right to relocate, 
replace, or add any aids to navigation or make any changes on 
any portion of such property as may be necessary for navigation 
purposes; 
(D) the United States shall have the right, at any time, to 
enter such property without notice for the purpose of maintain-
ing navigation aids; and 
(E) the United States shall have an easement of access to such 
property for the purpose of maintaining the navigational aids in 
use on the property. 
(4) The State of New Jersey shall not have any obligation to 
maintain any active aid to navigation equipment on property con-
veyed pursuant to this section. 
(c) For purposes of this section— 
(1) "Cape May Point Lighthouse" means the Coast Guard 
lighthouse located at Cape May, New Jersey, including the 
attached keeper's dwelling, several ancillary buildings, the asso-
ciated fog signal, and such land as may be necessary to enable 
the State of New Jersey to operate at that lighthouse a non-
profit center for public benefit for the interpretation and 
preservation of the material culture of the United States Coast 
Guard and the maritime histon?^ of Cape May, New Jersey; and 
(2) "Secretary" means the Secretary of the department in 
which the Coast Guard is operating. 
SEC. 27. SHIP SHOAL LIGHTHOUSE TRANSFER. 
Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration to the city of Berwick, Louisi-
ana, all rights, title, and interest of the United States in the aid to 
navigation structure known as the Ship Shoal 
Lighthouse, 
Louisiana. 
SEC. 28. CAPE COD LIGHTHOUSE AND SANKATY HEAD LIGHT STATION. 
(a)(1) Not later than six months after the date of the enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Secretary of the Army, the Secretary of the Interior, appropriate 
State, local, and other governmental entities, and private preserva-
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2219 
tion groups, shall develop a strategy regarding the relocation, 
ownership, maintenance, operation, and use of Cape Cod Lighthouse 
(otherwise known as "Highland Light") in North Truro, Massachu-
setts, and Sankaty Head Light Station in Nantucket, Massachusetts. 
(2) In developing the strategy, the Secretary shall determine 
whether and under what conditions it would be appropriate to 
convey the rights, title, and interest of the United States in Cape 
Cod Lighthouse and Sankaty Head Light Station to other Federal, 
State, or local government agencies or private preservation groups. 
(3) In preparing the strategy with respect to Cape Cod Lighthouse, 
the Secretary shall consult with the Director of the National Park 
Service to determine whether the lighthouse should become part of 
the National Park at Cape Cod National Seashore. 
(4) Any strategy developed under this section shall be consistent 
with— 
(A) the provisions of the National Historic Preservation Act 
(16 U.S.C. 470 et seq.) and other applicable laws; and 
(B) the goal of interpreting and preserving material culture of 
the United States Coast Guard. 
(b) After completion of the strategy under subsection (a), the 
Secretary of Transportation may convey, by any appropriate means, 
all right, title, and interest of the United States in either or both of 
Cape Cod Lighthouse and Sankaty Head Light Station to one or 
more Federal, State, or local government agencies or appropriate 
nonprofit private preservation groups. Any conveyance under this 
subsection shall be made— 
(1) without payment of consideration; 
(2) subject to appropriate terms and conditions as the Sec-
retary of Transportation considers necessary; and 
(3) subject to the condition that if the terms and conditions 
established by the Secretary are not met, the property conveyed 
shall revert to the United States. 
SEC. 29. TRANSFER OF HECETA HEAD AND CAPE BLANCO LIGHTHOUSES. 
Oregon. 
(a)(1) The Secretary may convey by any appropriate means to the preservation. 
State of Oregon all right, title, and interest of the United States in Real property, 
and to property comprising one or both of the Heceta Head Light-
house and the Cape Blanco Lighthouse, 
(2) The Secretary may identify, describe, and determine property 
conveyed pursuant to this section. 
(b)(1) The conveyance of property pursuant to subsection (a) shall 
be made— 
(A) without the payment of consideration; and 
(B) subject to such terms and conditions as the Secretary may 
consider appropriate. 
(2) In addition to any term or condition established pursuant to 
paragraph (1), any conveyance of property comprising Heceta Head 
Lighthouse or Cape Blanco Lighthouse pursuant to this section shall 
be subject to the condition that all right, title, and interest in and to 
the property so conveyed shall immediately revert to the United 
States if the property, or any part thereof, ceases to be used as a 
nonprofit center for public benefit for the interpretation and 
preservation of the maritime history of Heceta Head or Cape 
Blanco, as applicable. 
(3) Any conveyance of property pursuant to this section shall be 
made subject to such conditions as the Secretary considers to be 
necessary to assure that— 
105 STAT. 2220 
PUBLIC LAW 102-241—DEC. 19, 1991 
New Hampshire. 
Historic 
preservation. 
Real property. 
(A) the light, antennas, and associated equipment located on 
the property conveyed, which are active aids to navigation, shall 
continue to be operated and maintained by the United States; 
(B) the State of Oregon may not interfere or allow inter-
ference in any manner with such aids to navigation without 
express written permission from the United States; 
(C) there is reserved to the United States the right to relocate, 
replace, or add any aids to navigation or make any changes on 
any portion of such property as may be necessary for navigation 
purposes; 
(D) the United States shall have the right, at any time, to 
enter such property without notice for the purpose of maintain-
ing aids to navigation; and 
(E) the United States shall have an easement of access to such 
property for the purpose of maintaining the aids to navigation 
in use on the property. 
(4) The State of Oregon shall not have any obligation to maintain 
any active aid to navigation equipment on property conveyed pur-
suant to this section. 
(c) For purposes of this section, the term— 
(1) "Heceta Head Lighthouse" means the Coast Guard light-
house located at Heceta Head, Oregon, including— 
(A) the classical fresnel lens; 
(B) the keeper's dwelling; 
(C) several ancillary buildings; and 
(D) such land as may be necessary to enable the State of 
Oregon to operate at that lighthouse a nonprofit center for 
public benefit for the interpretation and preservation of the 
maritime history of Heceta Head, Oregon; 
(2) "Cape Blanco Lighthouse" means the Coast Guard light-
house located at Cape Blanco, Oregon, including— 
(A) the classical fresnel lens; 
(B) several ancillary buildings; and 
(C) such land as may be necessary to enable the State of 
Oregon to operate at that lighthouse a nonprofit center for 
public benefit for the interpretation and preservation of the 
maritime history of Cape Blanco, Oregon; and 
(3) the term "Secretary" means the Secretary of the depart-
ment in which the Coast Guard is operating. 
SEC. 30. CONVEYANCE OF WHITE ISLAND LIGHTHOUSE. 
(a)(1) The Secretary shall convey to the State of New Hampshire, 
by any appropriate means of conveyance, all rights, title, and in-
terest of the United States in and to property comprising the White 
Island Lighthouse. 
(2) The Secretary may identify, describe, and determine the prop-
erty to be conveyed pursuant to this section. 
(b)(1) A conveyance of property pursuant to this section shall be 
made— 
(A) without the payment of consideration; and 
(B) subject to such terms and conditions as the Secretary may 
consider appropriate. 
(2) In addition to any term or condition established pursuant to 
paragraph (1), any conveyance of property pursuant to this section 
shall be subject to the condition that all rights, title, and interest in 
and to all such property so conveyed shall immediately revert to the 
United States if the property so conveyed ceases to be used as a 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2221 
nonprofit center for public benefit. In connection therewith, the 
property may be used for educational, historic, recreational, and 
cultural programs open to and for the benefit of the general public. 
Theme displays, museum, gift shop, open exhibits, meeting rooms, 
and an office and quarters for personnel in connection with security 
and administration of the property are expressly authorized. Other 
uses not inconsistent with the foregoing uses are permitted unless 
the Secretary shall reasonably determine that such uses are 
incompatible with the historic nature of the property or with other 
provisions of this section. 
(3) Any conveyance of property pursuant to this section shall be 
subject to such conditions as the Secretary considers to be necessary 
to assure that— 
(A) any light, antennas, sound signal, and associated equip-
ment located on the property conveyed, which are active aids to 
navigation, shall continue to be operated and maintained by the 
United States; 
(B) the State of New Hampshire may not interfere or allow 
interference in any manner with such aids to navigation with-
out express written permission from the United States; 
(C) there is reserved to the United States the right to relocate, 
replace, or add any aids to navigation or make any changes on 
any portion of such property as may be necessary for navigation 
purposes; 
(D) the United States shall have the right, at any time, to 
enter such property with notice for the purpose of maintaining 
navigational aids; and 
(E) the United States shall have an easement of access to such 
property for the purpose of maintaining the navigational aids in 
use on the property. 
(4) The State of New Hampshire shall not have any obligation to 
maintain any active aid-to-navigation equipment on property con-
veyed pursuant to this section. 
(c) For purposes of this section, the term "White Island Light-
house" means the Coast Guard lighthouse located at White Island, 
Isles of Shoals, New Hampshire, including the attached keeper's 
dwelling, several ancillary buildings, the associated fog signal, and 
such lands as may be necessary to enable the State of New Hamp-
shire to operate at that lighthouse a nonprofit center for public 
benefit. 
SEC. 31. CONVEYANCE OF PORTLAND HEAD LIGHTHOUSE. 
(aXD The Secretary shall convey to the Town of Cape Elizabeth, 
Maine, by any appropriate means of conveyance, all right, title, and 
interest of the United States in and to property comprising the 
Portland Head Lighthouse. 
(2) The Secretary may identify, describe, and determine the prop-
erty to be conveyed pursuant to this section. 
(b)(1) A conveyance of property pursuant to this section shall be 
made— 
(A) without the pa)mient of consideration; and 
(B) subject to such terms and conditions as the Secretary may 
consider appropriate. 
(2) In addition to any term or condition established pursuant to 
paragraph (1), any conveyance of property pursuant to this section 
shall be subject to the condition that all right, title, and interest in 
and to all such property so conveyed shall immediately revert to the 
Mcdne. 
Historic 
preservation. 
Real property. 
105 STAT. 2222 
PUBLIC LAW 102-241—DEC. 19, 1991 
United States if the property so conveyed ceases to be used as a 
nonprofit center for public benefit. In connection therewith, the 
property may be used for educational, historic, recreational, and 
cultural programs open to and for the benefit of the general public. 
Theme displays, museum, gift shop, open exhibits, meeting rooms, 
and an office and quarters for personnel in connection with security 
and administration of the property and the adjacent Fort Williams 
Park, owned and operated by the Town of Cape Elizabeth, are 
expressly authorized. Other uses not inconsistent with the foregoing 
uses are permitted unless the Secretary shall reasonably determine 
that such uses are incompatible with the historic nature of the 
property or with other provisions of this section. 
(3) Any conveyance of property pursuant to this section shall be 
subject to such conditions as the Secretary considers to be necessary 
to assure that— 
(A) any light, antennas, sound signal, and associated equip-
ment located on the property conveyed, which are active aids to 
navigation, shall continue to be operated and maintained by the 
United States; 
(B) the Town of Cape Elizabeth may not interfere or allow 
interference in any manner with such aids to navigation with-
out express written permission from the United States; 
(C) there is reserved to the United States the right to relocate, 
replace, or add any aids to navigation or make any changes on 
any portion of such property as may be necessary for navigation 
purposes; 
(D) the United States shall have the right, at any time, to 
enter such property with notice for the purpose of maintaining 
navigational aids; and 
(E) the United States shall have an easement of access to such 
property for the purpose of maintaining the navigational aids in 
use on the property. 
(4) The Town of Cape Elizabeth shall not have any obligation to 
maintain any active aid-to-navigation equipment on property con-
veyed pursuant to this section. 
(c) For purposes of this section, the term— 
(1) "Portland Head Lighthouse" means the Coast Guard light-
house located at Cape Elizabeth, Maine, including the attached 
keeper's dwelling, several ancillary buildings, the associated fog 
signal, and such lands as may be necessary to enable the Town 
of Cape Elizabeth to operate at that lighthouse a nonprofit 
center for public benefit; and 
(2) "Secretary" means the Secretary of the department in 
which the Coast Guard is operating. 
33 use 2718 
SEC. 32. OIL POLLUTION REPORT. 
"° • 
Not later than one year after the date of enactment of this Act, 
the Secretary of Transportation shall report to Congress on the 
effect of section 1018 of the Oil Pollution Act of 1990 (Public Law 
101-380; 104 Stat. 484) on the safety of vessels being used to trans-
port oil and the capability of owners and operators to meet their 
legal obligations in the event of an oil spill. 
Safety. 
SEC. 33. PASSENGER VESSEL INVESTIGATIONS. 
Section 6101 of title 46, United States Code, is amended by adding 
at the end the following: 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2223 
"(eXD This chapter applies to a marine casualty involving a 
United States citizen on a foreign passenger vessel operating south 
of 75 degrees north latitude, west of 35 degrees west longitude, and 
east of the International Date Line; or operating in the area south of 
60 degrees south latitude that— 
"(A) embarks or disembarks passengers in the United States; 
or 
"(B) transports passengers traveling under any form of air 
and sea ticket package marketed in the United States. 
"(2) When there is a marine casualty described in paragraph (1) of 
this subsection and an investigation is conducted, the Secretary 
shall ensure that the investigation— 
"(A) is thorough and timely; and 
"(B) produces findings and recommendations to improve 
safety on passenger vessels. 
"(3) When there is a marine casualty described in paragraph (1) of 
this subsection, the Secretary may— 
"(A) seek a multinational investigation of the casualty under 
auspices of the International Maritime Organization; or 
"(B) conduct an investigation of the casualty under chapter 63 
of this title.". 
SEC. 34. PORTION OF SACRAMENTO RIVER BARGE CANAL DECLARED TO California. 
NOT BE NAVIGABLE WATERS OF UNITED STATES. 
^3 USC 59ee. 
For purposes of bridge administration, the Sacramento River 
Barge Csmal, which connects the Sacramento Deep Water Ship 
Channel with the Sacramento River in West Sacramento, Yolo 
County, California, is declared to not be navigable waters of the 
United States for purposes of the General Bridge Act of 1946 (33 
U.S.C. 525 et seq.) from the eastern boundary of the Port of Sac-
ramento to a point 1,200 feet east of the William G. Stone Lock. 
SEC. 3
5
. 
SENSE 
OF THE CONGRESS RELATING TO THE ROLE OF 
THE 
COAST 
GUARD 
IN 
THE 
PERSIAN 
GULF 
CONFLICT. 
(a) The Congress finds that— 
(1) members of the Coast Guard played an important role in 
the Persian Gulf Conflict; 
(2) nine hundred and fifty members of the Coast Guard 
Reserve were called to active duty during the Persian Gulf 
Conflict and participated in various activities, including vessel 
inspection, port safety and security, and supervision of loading 
and unloading hazardous military cargo; 
(3) members of Coast Guard Law Enforcement Detachments 
led or directly participated in approximately 60 percent of the 
six hundred vessel boardings in support of maritime intercep-
tion operations in the Middle East; 
(4) ten Coast Guard Law Enforcement Teams were deployed 
for enforcement of United Nations sanctions during the Persian 
Gulf Conflict; 
(5) over three hundred men and women in the CJoast Guard 
Vessel Inspection Program participated in the inspection of 
military sealift vessels and facilitated the efficient transpor-
tation of hazardous materials, munitions, and other supplies to 
the combat zone; 
(6) members of the Coast Guard served in the Joint Informa-
tion Bureau Combat Camera and Public Affairs staffs; 
105 STAT. 2224 
PUBLIC LAW 102-241—DEC. 19, 1991 
(7) approximately five hundred and fifty members of the 
Coast Guard served in port security units in the Persian Gulf 
area, providing port security and waterside protection for ships 
unloading essential military cargo; 
(8) the Coast Guard Environmental Response Program headed 
the international Interagency Oil Pollution Response Advisory 
Team for cleanup efforts relating to the massive oil spill off the 
coasts of Kuwait and Saudi Arabia; 
(9) the Coast Guard Research and Development Center devel-
oped a deployable positioning system for the Explosive 
Ordnance Disposal Area Search Detachment, saving the detach-
ment time and thousands of dollars, while also increasing the 
effectiveness and efficiency of the minesweeping and ordnance 
disposal operations in the Persian Gulf area; and 
(10) Coast Guard units remain in the Persian Gulf area and 
continue to provide essential support including both port secu-
rity and law enforcement. 
(b) The Congress commends the Coast Guard for the important 
role it played in the Persian Gulf Conflict and urges the people of 
the United States to recognize that role. 
SEC. 36. BRIDGE ACROSS WAPPINGER CREEK, NEW YORK. 
Notwithstanding any other provision of law, the railroad bridge 
across Wappinger Creek, mile 0.0. at New Hamburg, New York, is 
hereby determined to provide for the reasonable needs of navigation 
under the Act of March 3,1899 (33 U.S.C. 401), section 1 of the Act of 
March 23, 1906 (33 U.S.C. 491), and section 502(b) of the General 
Bridge Act of 1946 (33 U.S.C. 525(b)), at the closed position and need 
not be maintained as a movable structure. 
SEC. 3
7
. 
VESSEL 
SAFETY 
NEAR 
STRAIT 
OF 
JUAN 
DE 
FUCA. 
The Secretary of Transportation, through the Secretary of State, 
is directed to enter into discussions with their appropriate Canadian 
counterparts to examine alternatives to improve commercial vessel 
traffic safety off the entrance to the Strait of Juan de Fuca. 
SEC. 3
8
. 
TRANSFER OF 
CERTAIN 
PROPERTY 
AT 
FOLLY 
BEACH, 
SOUTH 
CAROLINA. 
(a) Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration to the Charleston County Park 
and Recreation Commission all rights, title, and interest of the 
United States in Coast Guard property located at Folly Island, 
Charleston County, South Carolina, described in subsection (b) sub-
ject to existing easements and restrictions of record. The transferee 
shall pay for all conveyance costs. 
(b) The property to be transferred under subsection (a) is described 
as commencing at a point in the center of the United States Army 
Observation Steel Tower (32 degrees 41 minutes 13.590 seconds 
north latitude, 79 degrees 53 minutes 16.783 seconds west longitude), 
and running from there due south 261.75 feet to a point at 32 
degrees 41 minutes 11 seconds north latitude, 79 degrees 53 minutes 
16.783 seconds west longitude, for a point of beginning; running 
from there, due east along north latitude 32 degrees 41 minutes 11 
seconds 854 feet, more or less, to a point in the low water line; from 
there, running southerly and southwesterly along the meanderings 
of such low water line 4650 feet, more or less, to the intersection of 
such low water line with west longitude 79 degrees 53 minutes 30 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2225 
seconds; from there, running due north along such longitude 3380 
feet, more or less, to the intersection of such longitude with north 
latitude 32 degrees 41 minutes 11 seconds; from there, running due 
east along such latitude 1129.64 feet to the point of beginning, 
containing 143 acres, more or less (part high and part submerged 
lands); together with the 2300 volt power line, and all power line 
rights-of-way connected therewith, extending from the Grovern-
ment's property at the east end of Folly Island to such power line's 
connection witn the South Carolina Power Company's power line at 
Folly Beach. 
SEC. 39. REQUIREMENT TO REPORT ON CERTAIN POLLUTION INCIDENTS. 
Section 7 of the Act to Prevent Pollution from Ships (33 U.S.C. 
1906) is amended to read as follows: 
"SEC. 7. (a) The master, person in charge, owner, charterer, man-
ager, or operator of a ship involved in an incident shall report the 
incident in the manner prescribed by Article 8 of the Convention in 
accordance with regulations promulgated by the Secretary for that 
purpose. 
"(b) The master or person in charge of— 
"(1) a ship of United States registry or nationality, or oper-
ated under the authority of the United States, wherever located; 
"(2) another ship while in the navigable waters of the United 
States; or 
"(3) a sea port or oil handling facility subject to the jurisdic-
tion of the United States, 
shall report a discharge, probable discharge, or presence of oil in the 
manner prescribed by Article 4 of the International Convention on 
Oil Pollution Preparedness, Response and Cooperation, 1990 
(adopted at London, November 30, 1990), in accordance with regula-
tions promulgated by the Secretary for that purpose.". 
SEC. 40. AMENDMENTS 
TO 
IMPLEMENT 
INTERNATIONAL 
SALVAGE 
CONVENTION, 1989. 
(a) Section 3 of the Act of August 1, 1912 (46 App. U.S.C. 729), is 
amended by striking all after "fair share of the" and substituting 
"pa5nnent awarded to the salvor for salving the vessel or other 
property or preventing or minimizing damage to the environment.". 
(b) Section 5 of the Act of August 1, 1912 (46 App. U.S.C. 731), is 
amended by striking "Nothing in this Act" and substituting "Noth-
ing in sections 1, 3, and 4 of this Act and section 2304 of title 46, 
United States Code,". 
SEC. 41. CERTIFICATE OF DOCUMENTATION FOR MAYFLOWER II. 
(a) Notwithstanding section 12106 of title 46, United States Code, 
and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883), as applicable on the date of enactment of this Act, the Sec-
retary of Transportation may issue a certificate of documentation 
with appropriate endorsement for employment in the coastwise 
trade of the United States for the vessel MAYFLOWER II, owned by 
Plimoth Plantation, Inc., a corporation under the laws of Massachu-
setts. 
(bXD The Secretary may exempt the vessel MAYFLOWER II from 
compliance with— 
(A) any requirement relating to inspection or safety under 
title 46, United States Code; and 
105 STAT. 2226 
PUBLIC LAW 102-241—DEC. 19, 1991 
(B) any requirement relating to navigation under title 33, 
United States Code. 
(2) If the Secretary exempts the vessel from any requirement 
under paragraph (1), the Secretary may establish an alternative 
requirement designed to provide for the safety of the passengers and 
crew of the vessel. 
South 
SEC. 42. JOHN F. LIMEHOUSE MEMORIAL BRIDGE. 
w 
Notwithstanding another law, the John F. Limehouse Memorial 
Bridge across the Atlantic Intracoastal Waterway in Charleston 
County, South Carolina, is deemed an unreasonable obstruction to 
navigation. 
Reports. 
SEC. 43. OREGON OIL SPILL RESPONSE STUDY. 
Not later than one year after the date of enactment of this Act, 
the Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives a report examining the adequacy of pre-positioned 
oil spill response equipment to respond to potential damage caused 
by spills upriver on the Columbia River where commercial and 
government marine vessel activity takes place. 
5 use note 
SEC. 44. TRANSPORTATION SUBSIDY. 
The Department of Transportation may include military person-
nel of the Coast Guard in any program in which the Department 
participates under section 629 of the Treasury, Postal Service and 
General Government Appropriations Act, 1991, Public Law 101-509, 
notwithstanding section 629(c)(2) of that Act. 
SEC. 45. CHATHAM HARBOR, MASSACHUSETTS. 
Not later than thirty days after the date of enactment of this Act, 
the Commandant of the Coast Guard shall provide to the United 
States Army Corps of Engineers New England Division for incorpo-
ration into their Feasibility Study on Improvement Dredging in 
Chatham Harbor, the following information: 
(1) a description of the current and projected future naviga-
tional hsizards in Chatham Harbor caused by shoaling in and 
around Aunt Lydia's Cove; 
(2) the current and projected impacts, of these navigational 
hazards on the Coast Guard's missions, including: 
(A) impacts on search and rescue responses; 
- ; 
(B) impacts on the area of response; 
(C) types and costs of any special equipment needed to 
navigate the channel; and 
(D) potential impacts on boater safety; and 
(3) the benefits to local boaters and the Coast Guard that 
would result from improved navigation. 
SEC. 46. JONES ACT WAIVERS FOR CERTAIN VESSELS. 
Notwithstanding sections 12106, 12107, and 12108 of title 46, 
United States Code, and section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), as applicable on the date of enactment of 
this Act, the Secretary of Transportation may issue a certificate of 
documentation for the following vessels: 
(1) MISS LELIA, United States official number 577213. 
(2) BILLFISH, United States official number 920896. 
(3) MARSH GRASS III, United States official number 963616. 
PUBLIC LAW 102-241—DEC. 19,1991 
105 STAT. 2227 
SEC. 47. NATIONAL MARITIME ENHANCEMENT INSTITUTES. 
Section 8(e) of the Act entitled "An Act to authorize appropria-
tions for fiscal year 1990 for the Maritime Administration, and for 
other purposes", approved October 13, 1989 (46 App. U.S.C. 1121-
2(e)), is amended by striking "shall not exceed $100,000" and 
substituting "by the Secretary shall not exceed $500,000". 
SEC. 48. ACQUISITION OF SPACE IN VIRGINIA. 
The Secretary of Commerce shall acquire space from the adminis-
trator of Greneral Services in the area of Newport News-Norfolk, 
Virginia, for use for consolidating and meeting the long-term space 
needs of the National Oceanic and Atmospheric Administration in a 
cost effective manner. In order to acquire this space, the Adminis-
trator of Greneral Services may, with the consent of the Secretary of 
Commerce, exchange real property owned by the Department of 
Commerce for other real property, including improvements to that 
property, in that area. 
SEC. 49. ACQUISITION OF SPACE IN ALASKA. 
The Secretary of Commerce shall acquire space from the adminis-
trator of General Services on Near Island in Kodiak, Alaska, that 
meets the long-term space needs of the National Oceanic and At-
mospheric Administration, if the maximum annul cost of leasing the 
building in which the space is located is not more than $1,000,000, 
SEC. 50. TRANSFER AT JUNEAU, ALASKA. 
(a) Notwithstanding another provision of law, the Secretary of 
Transportation shall transfer without consideration to the Secretary 
of Clommerce all rights, title, and interest of the United States in 
Coast Guard property and improvements at Auke Cape, Alaska (Lot 
2 on United States Survey Number 3811 comprising 28.16 acres), 
located approximately 11 miles northwest of Juneau, Alaska. 
(b) The Secretary of Commerce shall make the property trans-
ferred under this section available to the National Oceanic and 
Atmospheric Administration. 
SEC. 51. STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY REGU- Reports. 
LATIONS. 
16 u s e 1437 
Not later than one year after the date of enactment of this Act, 
the Secretary of Transportation and the Secretary of C!ommerce 
shall submit to the (Committee on Merchant Marine and Fisheries of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation a joint report describing methods by 
which Coast Guard enforcement efforts under the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) 
may be enhanced and coordinated with those of the National Oce-
anic and Atmospheric Administration. The report shall— 
(1) evaluate the ability of the Coast Guard to address key 
enforcement problems, which the Secretary of Commerce shall 
identify, for each national marine sanctuary; 
(2) propose procedures by which the Coast Guard and the 
National Oceanic and Atmospheric Administration may coordi-
nate their efforts in order to improve and maximize effective 
enforcement of marine sanctuary regulations; and 
(3) recommend appropriate levels of Coast Guard participa-
tion in the efforts. 
note. 
105 STAT. 2228 
PUBLIC LAW 102-241—DEC. 19,1991 
33 use 59ff. 
SEC. 52. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF PELI-
CAN ISLAND, TEXAS. 
(a) Subject to the provisions of subsections (b), (c), and (d) of this 
section, those portions of Pehcan Island, Texas, which are not 
submerged and which are within the following property descrip-
tions, are declared to be nonnavigable waters of the United States: 
(1) A 1,903.6655 acre tract of land situated in Galveston 
County, Texas, within the Galveston City Limits and on Pelican 
Island and being more particularly described by metes and 
bounds as follows, with all control referred to the Texas State 
Plane Coordinate System, Lambert Projection, South Central 
Zone: 
Beginning at a United States Corps of Engineers concrete 
monument with a brass cap, being Corps of Engineers 
station 40+00 and being located on the southwesterly line 
of a United States Government Reservation and having 
Texas State Plane Coordinate Value of X=3,340,636.67, 
¥=568,271.91; 
thence south 57 degrees 00 minutes 04 seconds east, 
501.68 feet to a point for corner; 
thence north 37 degrees 18 minutes 11 seconds east, 
2,802.65 feet to a point for corner; 
thence north 79 degrees 03 minutes 47 seconds east, 
798.87 feet to a point for corner; 
thence north 15 degrees 34 minutes 53 seconds east, 
2,200.00 feet to a point for corner located on the north 
harbor line of Pelican Island; 
thence along said north harbor line south 63 degrees 00 
minutes 45 seconds east 306.04 feet to a point for corner; 
thence leaving said harbor line south 15 degrees 34 min-
utes 53 seconds west, at 1,946.05 feet past the northwesterly 
corner of Seawolf Park, in all a total distance of 2,285.87 
feet to the southwesterly corner of Seawolf Park; 
thence along the southeasterly line of said Seawolf Park, 
south 74 degrees 25 minutes 07 seconds east, 421.01 feet to a 
point for corner; 
thence continuing along said line south 65 degrees 12 
minutes 37 seconds east, 93.74 feet to a point for corner; 
thence south 63 degrees 00 minutes 45 seconds east, 
800.02 feet to a point for corner on Galveston Channel 
Harbor Line; 
thence along said Galveston Channel Harbor Line as 
follows: 
south 15 degrees 14 minutes 01 second west, 965.95 
feet to a point, 
south 74 degrees 26 minutes 20 seconds east, 37.64 
feet to a point, 
south 15 degrees 33 minutes 40 seconds west, 2,779.13 
feet to a point, 
south 36 degrees 18 minutes 31 seconds west, 1,809.93 
feet to a point, 
south 36 degrees 24 minutes 57 seconds west, 190.98 
feet to a point, 
south 40 degrees 37 minutes 46 seconds west, 558.04 
feet to a point. 
PUBLIC LAW 102-241—DEC. 19, 1991 
105 STAT. 2229 
south 49 degrees 02 minutes 41 seconds west, 558.16 
feet to a point, 
south 53 degrees 15 minutes 03 seconds west, 1,557.49 
feet to a point, 
south 55 degrees 34 minutes 51 seconds west, 455.45 
feet to a point, 
south 60 degrees 14 minutes 23 seconds west, 455.37 
feet to a point, 
south 62 degrees 34 minutes 14 seconds west, 426.02 
feet to a point, 
south 68 degrees 11 minutes 32 seconds west, 784.25 
feet to a point, 
south 79 degrees 26 minutes 20 seconds west, 784.21 
feet to a point, 
south 85 degrees 03 minutes 42 seconds west, 761.77 
feet to a point, 
south 86 degrees 42 minutes 35 seconds west, 1,092.97 
feet to a point, 
north 89 degrees 59 minutes 40 seconds west, 827,53 
feet to a point, 
north 88 degrees 20 minutes 24 seconds west, 1,853.01 
feet.to a point, 
south 62 degrees 11 minutes 55 seconds west, 45.94 
feet to a point, 
north 88 degrees 04 minutes 15 seconds west, 653.80 
feet to a point, and 
north 78 degrees 19 minutes 36 seconds west, 1,871.96 
feet to a point for corner located on the Mean High 
Water Line (0.88 foot contour line, above sea level 
datum); 
thence leaving said Harbor Line and following the mean-
ders of said Mean High Water Line along Galveston Bay as 
follows: 
north 26 degrees 26 minutes 35 seconds west, 1,044.28 
feet to a point, 
north 25 degrees 25 minutes 56 seconds east, 242.71 
feet to a point, 
north 16 degrees 42 minutes 01 second west, 270.77 
feet to a point, 
north 10 degrees 04 minutes 05 seconds west, 508.36 
feet to a point, 
north 11 degrees 21 minutes 01 second west, 732.39 
feet to a point, 
north 03 degrees 45 minutes 31 seconds west, 446.34 
feet to a point, 
north 03 degrees 08 minutes 15 seconds west, 566.01 
feet to a point, 
north 02 degrees 48 minutes 50 seconds west, 288.02 
feet to a point, 
north 06 degrees 53 minutes 40 seconds west, 301.48 
feet to a point, 
north 19 degrees 04 minutes 56 seconds east, 407.38 
feet to a point, 
north 12 degrees 28 minutes 05 seconds east, 346.79 
feet to a point, 
north 01 degrees 30 minutes 23 seconds east, 222.91 
feet to a point, and 
105 STAT. 2230 
PUBLIC LAW 102-241—DEC. 19, 1991 
north 08 degrees 08 minutes 07 seconds east, 289.74 
feet to a point for corner; 
thence leaving said Mean High Water Line north 84 
degrees 43 minutes 15 seconds east 10,099.75 feet to the 
point of beginning and containing 1,903.6655 acres of land. 
(2) All of that certain tract of 206.6116 acres of land, being 
part of and out of Pelican Island, in the City of Galveston, 
Galveston County, Texas, and being more particularly described 
by metes and bounds as follows: 
Beginning at the most northwesterly corner of the Peli-
can Spit Military Reservation, as described in the Deed 
from the City of Galveston unto the United States of Amer-
ica, dated April 29, 1907, and recorded in Book 221, at Page 
416 of the Office of the County Clerk of Galveston County, 
Texas, said 
point 
being 
Pelican 
Island 
Coordinates 
N=15,171.20 and E=11,533.92; 
thence north 29 degrees 11 minutes 52 seconds east, a 
distance of 100.00 feet to a 2-inch iron pipe for corner, said 
corner being the most southerly corner of the herein de-
scribed tract, and place of beginning: 
thence north 60 degrees 48 minutes 08 seconds west, 
a distance of 3,000.00 feet to a 2-inch iron pipe for 
corner; 
thence north 29 degrees 11 minutes 52 seconds east, a 
distance of 3,000,00 feet to a point for corner; 
thence south 60 degrees 48 minutes 08 seconds east, a 
distance of 3,000.00 feet to a point for corner; 
thence south 29 degrees 11 minutes 52 seconds west, 
a distance of 3,000.00 feet to the place of beginning, 
containing 206.6116 acres. 
(3) Beginning at point "H" (point "H" is also known as point 
"3" on Pelican Island Harbor Line), the coordinates of which 
are South 8,827.773 meters and East 11,483.592 meters, on 
Pelican Island proposed harbor line; 
thence with harbor line north 61 degrees west 800 feet; 
thence south 17 degrees 35 minutes 38 seconds west 2,200 feet; 
thence south 61 degrees east 800 feet to proposed harbor line; 
thence with proposed harbor line north 17 degrees 35 minutes 
38 seconds east to the place of beginning and containing 39.88 
acres, more or less, together with all buildings, utilities, and 
improvements thereon. 
(4) Beginning at a point in the westerly property line of the 
tract described in paragraph (3), said point being 285.00 feet 
bearing north 17 degrees 35 minutes 38 seconds east from the 
southwest corner of said tract; 
thence north 72 degrees 24 minutes 22 seconds west, a dis-
tance of 346.00 feet; 
thence north 14 degrees 58 minutes 09 seconds east, a dis-
tance of 610.00 feet; 
thence south 72 degrees 24 minutes 22 seconds east, a distance 
of 374.00 feet; 
thence south 17 degrees 35 minutes 38 seconds west, a dis-
tance of 609.36 feet to the point of beginning and containing 
5.036 acres of land, more or less. 
PUBLIC LAW 102-241—DEC. 19,1991 
105 STAT. 2231 
(5) Beginning at the southwest corner of the tract described in 
parEigraph (3); 
thence north 63 degrees 11 minutes 52 seconds west, a 
distance of 93.74 feet to a point for corner; 
thence north 72 degrees 24 minutes 22 seconds west, a 
distance of 421.01 feet to a point for corner; 
thence north 17 degrees 35 minutes 38 seconds east, a 
distance of 339.82 feet to a point for corner; 
thence south 82 degrees 24 minutes 22 seconds east, a 
distance of 86.03 feet to a point for corner; 
thence north 77 degrees 11 minutes 26 seconds east, a 
distance of 89.12 feet to a point for corner in the westerly 
line of the tract described in paragraph (4); 
thence south 14 degrees 58 minutes 09 seconds west, with 
said westerly line, a distance of 130.00 feet to a point for 
corner, the southwest corner of the tract described in para-
graph (4); 
thence south 72 degrees 24 minutes 22 seconds east, with 
the southerly line of the tract described in paragraph (4), a 
distance of 346.00 feet to a point for corner, the southeast 
corner of the tract described in paragraph (4); 
thence south 17 degrees 35 minutes 38 seconds west, with 
the westerly line of the tract described in paragraph (3), a 
distance of 285.00 feet to a point of beginning, containing 
3.548 acres of land, more or less. 
(b) Notwithstanding the declaration under subsection (a), the 
following portions of Pelican Island, Texas, within those lands 
described in subsection (a) shall remain navigable waters of the 
United States: 
(1) Out of the Eneas Smith Survey, A-190, on Pelican Island, 
the 2.7392 acre tract, the 3.2779 acre tract, and the 2.8557 acre 
tract described in the Perpetual Easements dated May 9, 1975, 
from Mitchell Development Corporation of the Southwest to the 
United States, recorded on pages 111 through 122 of Book 2571 
of the Real Property Records in the Office of the County Clerk 
of Galveston County, Texas. 
(2) Out of the Eneas Smith Survey, A-190, on Pelican Island, 
the 1.8361 acre tract of land described in Exhibit "B" of the 
Specific Location of Pipeline Easement dated July 30, 1975, by 
and between the Mitchell Development Corporation of the 
Southwest, the United States of America, and Chase Manhattan 
Bank (National Association), recorded on pages 9 through 14 of 
Book 2605 of the Real Property Records in the Office of the 
County Clerk of Galveston County, Texas. 
(3) For each of the four tracts of land described in paragraphs 
(1) and (2) of this subsection, a 40-foot wide strip of land along, 
adjacent and parallel to, and extending the full length of, the 
easterly boundary line of the tract and a 40-foot wide strip of 
land along, adjacent and parallel to, and extending the full 
length of, the westerly boundary line of the tract. 
(c) The declaration under subsection (a) shall apply only to those 
parts of the areas described in subsection (a) of this section and not 
described in subsection (b) of this section which are or will be 
bulkheaded and filled or otherwise occupied by permanent struc-
tures or other permanent physical improvements, including marina 
facilities. All such work is subject to applicable Federal statutes and 
regulations, including sections 9 and 10 of the Act of March 3, 1899 
105 STAT. 2232 
PUBLIC LAW 102-241—DEC. 19,1991 
(commonly referred to as the "Rivers and Harbors Appropriation 
Act of 1899" (33 U.S.C. 401 and 403)), section 404 of the Federal 
Water Pollution Control Act and the National Environmental Policy 
Act of 1969. 
(d) If, 20 years from the date of the enactment of this Act, any 
area or part thereof described in subsection (a) of this section and 
not described in subsection Ot)) of this section is not bulkheaded or 
filled or occupied by permanent structures or other permanent 
physical improvements, including marina facilities, in accordance 
with the requirements set out in subsection (c) of this section, or if 
work is not commenced within five years after issuance of any 
permits required to be obtained under subsection (c), then the 
declaration of nonnavigability for such area or part thereof shall 
expire. 
SEC. 53. DISCLOSURE REGARDING RECREATIONAL VESSEL FEE. 
Section 2110(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph: 
"(5) The Secretary shall provide to each person who pays a fee or 
charge under this subsection a separate document on which appears, 
in readily discernible print, only the following statement: 'The fees 
for which this document was provided was established under the 
Omnibus Budget Reconciliation Act of 1990. Persons paying this fee 
can expect no increase in the quantity, quality, or variety of services 
the person receives from the Coast Guard as a result of that 
payment.'." 
SEC. 54. SENSE OF THE CONGRESS ON COAST GUARD RESCUE EFFORTS. 
(a) The Congress finds that— 
(1) during the month of October, Air Station Cape Cod experi-
enced one of the most intense periods of search and rescue 
activities, including fifty-one search and rescue cases of which 
twenty-seven were in the last ten days of the month; 
(2) immediately prior to the winter storm that ravaged Cape 
Cod from October 28 to November 1, with average seas of 35-40 
feet and winds exceeding eighty knots, coastal small boat sta-
tion personnel on Cape Cod and the Islands of Nantucket and 
Martha's Vineyard successfully worked with the local commu-
nities and the fishing industry to secure the small coastal ports 
to minimize damage to vessels and property; 
(3) Group Portland, Group Boston, and Group Woods Hole 
units suffered significant damage to coastal small boat stations, 
lighthouses, and other aids to navigation but this damage did 
not affect operational readiness and Coast Guard boats and 
aircraft were prepared to respond to emergencies; 
(4) during the five-day period from October 28 to November 1, 
the Coast Guard Cutter GENETIN, Coast Guard Cutter BEAR 
and Coast Guard helicopters stationed at Elizabeth City, North 
Carolina participated in five offshore rescue operations that 
saved twenty-one lives; 
(5) Coast Guard flight crews operating from Elizabeth City 
logged fifty-six hours of flight time during the seventy-two-hour-
period when Hurricane Grace buffeted the North Carolina 
Coast; 
(6) The Coast Guard performed these search and rescue oper-
ations while fulfilling other important missions including the 
PUBLIC LAW 102-241—DEC. 19,1991 
105 STAT. 2233 
monitoring of a sulfuric acid spill and a sensitive law enforce-
ment operation, 
(b) The Congress commends the Coast Guard units involved for 
their remarkable skill, performance and dedication in protecting life 
and property and urges the people of the United. States to recognize 
this job well done. 
SEC. 55. SENSE OF THE CONGRESS ON RECREATIONAL BOAT FEES. 
(a) The Congress finds that— 
(1) under section 9701 of title 31, United States Code, and 
section 664 of title 14, United States Code, Coast Guard user fees 
must be fair, based on the cost to the Coast Guard of providing 
services or things of value, based on the value of services or 
things of value provided by the Coast Guard, and based on a 
valid public policy or interest; 
(2) the Coast Guard fee imposed upon recreational boaters 
under section 2110(b) of title 46, United States Code, was estab-
lished under the Omnibus Budget Reconciliation Act of 1990 
(Public Law 101-508; 104 Stat. 1388-1397); 
(3) recreational boaters who are required to pay this fee 
cannot expect to receive any additional service in return for 
pajnnent of the fee; 
(4) recreational boaters already pay a motorboat fuel tax that 
contributes to the Coast Guard budget; and 
(5) the fee imposed upon recreational boaters will not be 
directly available to the Coast Guard to increase services that 
would benefit recreational boaters. 
(b) It is the sense of Congress that the requirement that the Coast 
Guard collect a fee from recreational boaters under section 2110(b) 
of title 46, United States Code, should be repealed immediately upon 
enactment of an offsetting receipts provision to comply with the 
requirements of the Omnibus Budget Reconciliation Act of 1990. 
SEC. 56. COOPERATIVE INSTITUTE OF FISHERIES OCEANOGRAPHY. 
Establishment. 
(a) In recognition of the memorandum of understanding of 
March 2, 1989, regarding the Cooperative Institute of Fisheries 
Oceanography (hereinafter in this section referred to as the "In-
stitute"), the Institute is established within the National Oceanic 
and Atmospheric Administration, in partnership with Duke Univer-
sity and the Consolidated University of North Carolina. 
(b) There is authorized to be appropriated to the Secretary of 
Commerce $525,000 for fiscal year 1992 and $546,000 for fiscal year 
1993, to remain available until expended, for use for activities of the 
Institute. 
(c) Amounts appropriated pursuant to subsection (b) may be used 
for— 
(1) administration of the Institute; 
(2) research conducted by the Institute; and 
(3) preparation of a five-year plan for research and for devel-
opment of the Institute. 
(d) Within one year of the date of the enactment of this section, 
the Institute shall submit to the Congress and the Under Secretary 
of Commerce for Oceans and Atmosphere the plan developed pursu-
ant to subsection (cX3). 
105 STAT. 2234 
PUBLIC LAW 102-241—DEC. 19, 1991 
SEC. 
5
7
. 
NATIONAL 
DEFENSE 
RESERVE 
FLEET. 
Section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 
1744) is amended by adding at the end the following new subsection: 
"(d) READY RESERVE FORCE MANAGEMENT.— 
"(1) MINIMUM REQUIREMENTS.—To ensure the readiness of 
vessels in the Ready Reserve Force component of the National 
Defense Reserve Fleet, the Secretary of Transportation shall, at 
a minimum— 
"(A) maintain all of the vessels in a manner that will 
enable each vessel to be activated within a period specified 
in plans for mobilization of the vessels; 
"(B) activate and conduct sea trials on each vessel at least 
once every twenty-four months; 
"(C) maintain in an enhanced activation status those 
vessels that are scheduled to be activated within 5 days; 
"(D) locate those vessels that are scheduled to be acti-
vated within 5 days near embarkation ports specified for 
those vessels; and 
"(E) notwithstanding section 2109 of title 46, United 
States Code, have each vessel inspected by the Secretary of 
the department in which the Coast Guard is operating to 
determine if the vessel meets the safety standards that 
would apply under part B of subtitle II of that title if the 
vessel were not a public vessel. 
"(2) VESSEL MANAGERS.— 
"(A) ELIGIBILITY FOR CONTRACT.—A person, including a 
shipyard, is eligible for a contract for the management of a 
vessel in the Ready Reserve Force if the Secretary deter-
mines, at a minimum, that the person has— 
"(i) experience in the operation of commercial-type 
vessels or public vessels owned by the United States 
Government; and 
"(ii) the management capability necessary to operate, 
maintain, and activate the vessel at a reasonable price. 
"(B) 
CONTRACT 
REQUIREMENT,—The 
Secretary 
of 
Transportation shall include in each contract for the 
management of a vessel in the Ready Reserve Force a 
requirement that each seaman who performs services on 
PUBLIC LAW 102-241—DEC. 19,1991 
105 STAT. 2235 
any vessel covered by the contract hold the license or 
merchant mariner's document that would be required 
under chapter 71 or chapter 73 of title 46, United States 
Code, for a seaman performing that service while operating 
the vessel if the vessel were not a public vessel.". 
Approved December 19,1991. 
LEGISLATIVE HISTORY—H.R. 1776 (S. 1297): 
HOUSE REPORTS: No. 102-132 (C!omm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 102-169 accompanying S. 1297 (Ck)mm. on 
Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
July 18, considered and passed House. 
Nov. 21, considered £ind passed Senate, amended, in lieu of S. 1297. 
Nov. 25, House concurred in Senate amendment with an amendment. 
Nov. 27, Senate concurred in House £unendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 19, Presidential statement.