[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3059 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 3059

_______________________________________________________________________

                                 AN ACT


 
   To establish a National Maritime Heritage Program to make grants 
  available for educational programs and the restoration of America's 
 cultural resources for the purpose of preserving America's endangered 
                           maritime heritage.

    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 ``National Maritime Heritage Act of 
1994''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) The United States is a nation with a rich maritime 
        history, and it is desirable to foster in the American public a 
        greater awareness and 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 being lost or substantially altered, often 
        inadvertently, with increasing frequency.
            (5) The preservation of this irreplaceable maritime 
        heritage is in the public interest so that its vital legacy of 
        cultural, educational, aesthetic, inspirational, and economic 
        benefits will be maintained and enriched for future generations 
        of Americans.
            (6) The current governmental and nongovernmental historic 
        preservation programs and activities are inadequate to ensure 
        future 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 future preservation of the 
        Nation's maritime heritage.
            (8) A national maritime heritage policy would greatly 
        increase public awareness of, and participation in, the 
        preservation of the Nation's maritime heritage.

SEC. 3. NATIONAL MARITIME HERITAGE POLICY.

    It shall be the policy of the Federal Government, in partnership 
with the States and local governments and private organizations and 
individuals, to--
            (1) use measures, including financial and technical 
        assistance, to foster conditions under which our modern society 
        and our historic maritime resources can exist in productive 
        harmony;
            (2) provide leadership in the preservation of the historic 
        maritime resources of the United States;
            (3) contribute to the preservation of historic maritime 
        resources and give maximum encouragement to organizations and 
        individuals undertaking preservation by private means; and
            (4) assist State and local governments to expand their 
        maritime historic preservation programs and activities.

SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PROGRAM.

    (a) Establishment.--There is hereby established 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 Program shall consist of--
            (1) annual grants to the National Trust for Historic 
        Preservation for subgrants administered by the National Trust 
        for maritime heritage education projects under subsection (b);
            (2) grants to State Historic Preservation Officers for 
        maritime heritage preservation projects carried out or 
        administered by those Officers under subsection (c); and
            (3) grants for interim projects under subsection (j).
    (b) Grants for Maritime Heritage Education Projects.--
            (1) Grants to national trust for historic preservation.--
        The Secretary, subject to paragraphs (2), (3), and (4), and the 
        availability of amounts for that purpose under section 
        6(b)(1)(A), shall make an annual grant to the National Trust 
        for maritime heritage education projects.
            (2) Use of grants.--Amounts received by the National Trust 
        as an annual grant under this 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 Secretary under subsection (f) and which 
        consist of--
                    (A) assistance to any maritime museum or historical 
                society for--
                            (i) existing and new educational programs, 
                        exhibits, educational activities, conservation, 
                        and interpretation 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 of vessels of 
                        all sizes and types for educational purposes;
                            (ii) special skills such as wood carving, 
                        sail making, and rigging;
                            (iii) traditional maritime art forms; and
                            (iv) sail training;
                    (C) other educational activities relating to 
                historic maritime resources, including--
                            (i) maritime educational waterborne-
                        experience programs in historic vessels or 
                        vessel reproductions;
                            (ii) maritime archaeological field schools; 
                        and
                            (iii) educational programs on other aspects 
                        of maritime 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 
        Secretary, acting through the National Maritime Initiative of 
        the National Park Service and subject to paragraphs (2) and 
        (3), and the availability of amounts for that purpose under 
        section 6(b)(1)(B), shall make grants to State Historic 
        Preservation Officers for maritime heritage preservation 
        projects.
            (2) Use of grants.--Amounts received by a State Historic 
        Preservation Officer as a grant under this subsection shall be 
        used by the Officer to carry out or to make subgrants to local 
        governments and private nonprofit organizations to carry out, 
        projects which have been approved by the Secretary under 
        subsection (f) for the preservation of historic maritime 
        resources through--
                    (A) identification of historic maritime resources, 
                including 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 with standards 
                prescribed by the Secretary; and
                    (D) research, recording (through drawings, 
                photographs, or otherwise), planning (through 
                feasibility studies, architectural and engineering 
                services, or otherwise), and other services carried out 
                as part of a preservation program for historic maritime 
                resources.
    (d) Criteria for Direct Grant and Subgrant Eligibility.--To qualify 
for a subgrant from the National Trust under subsection (b), or a 
direct grant to or a subgrant from a State Historic Preservation 
Officer under subsection (c), a person must--
            (1) demonstrate that the project for which the direct grant 
        or subgrant will be used has the potential for reaching a broad 
        audience with an effective educational program based on 
        American maritime history, technology, or the role of maritime 
        endeavors in American culture;
            (2) match the amount of the direct grant or subgrant, on a 
        1-to-1 basis, with non-Federal assets from non-Federal sources, 
        which may include cash or donated services fairly valued as 
        determined by the Secretary;
            (3) maintain records as may be reasonably necessary to 
        fully disclose--
                    (A) the amount and the disposition of the proceeds 
                of the direct grant or subgrant;
                    (B) the total cost of the project for which the 
                direct grant or subgrant is made; and
                    (C) other records as may be required by the 
                Secretary, including such records as will facilitate an 
                effective accounting 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 application for a subgrant 
        under subsection (b), or a direct grant or subgrant under 
        subsection (c), shall be submitted under procedures prescribed 
        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 for which the direct grant or 
        subgrant is awarded, the total cost of the continued 
        maintenance, 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 Maritime 
        Heritage Grants Committee shall review applications for 
        subgrants under subsection (b), and direct grants or subgrants 
        under subsection (c), and submit recommendations to the 
        Secretary 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 under 
        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 amount 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 the fiscal year for grants under this section.
    (g) Direct Grants and Subgrants Process.--
            (1) Direct grants and subgrants solicitation.--The 
        Secretary shall publish annually in the Federal Register and 
        otherwise as the Secretary considers appropriate--
                    (A) a solicitation of applications for direct 
                grants and subgrants under this section;
                    (B) a list of priorities for the making of those 
                direct grants and subgrants;
                    (C) a single deadline for the submission of 
                applications for those direct grants and subgrants; and
                    (D) other relevant information.
            (2) Receipt and approval or disapproval of direct grant and 
        subgrant applications.--Within 60 days after the submission of 
        recommendations by the Committee to the Secretary under 
        subsection (h)(6), the Secretary shall review and approve or 
        disapprove a direct grant or subgrant for each project 
        recommended by the Committee and provide to the Committee 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 Program to prospective grantees, 
        subgrantees, and to the public at large, in cooperation with 
        the National Park Service, the Maritime Administration, and 
        other appropriate government agencies and private institutions;
            (2) answering inquiries from the public, including 
        providing information on the Program as requested;
            (3) distributing direct grant and subgrant applications;
            (4) receiving direct grant and subgrant applications and 
        ensuring their completeness;
            (5) forwarding the applications to the Committee for review 
        and recommendation;
            (6) submitting to the Secretary applications that the 
        Committee recommends should be approved by the Secretary;
            (7) keeping records of all direct grant and subgrant awards 
        and expenditures of funds;
            (8) monitoring progress of projects carried out with direct 
        grants and subgrants; and
            (9) providing to the Secretary such progress reports as may 
        be required by the Secretary.
    (i) Assistance of Maritime Preservation Organizations.--The 
Secretary, the National Trust, and the State Historic Preservation 
Officers may, individually or jointly, enter into cooperative 
agreements with any private nonprofit organization with appropriate 
expertise in maritime preservation issues, or other qualified maritime 
preservation organizations, to assist in the administration of the 
Program.
    (j) Grants for Interim Projects.--
            (1) Grants authority.--The Secretary, subject to paragraph 
        (3), may use amounts available under section 6(b)(2) to make 
        one or more grants described in paragraph (2).
            (2) Grants described.--The grants referred to in paragraph 
        (1) are the following:
                    (A) A grant to the National Museum 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 the San Francisco Maritime National Historical Park, 
                located in San Francisco, California.
                    (B) A grant to the Virginia V Foundation (a 
                nonprofit organization) for use in restoration and 
                preservation of the historic steamship VIRGINIA V.
                    (C) A grant to any nonprofit organization which 
                operates and maintains a former hospital ship to be 
                converted to engage in public health activities, for 
                use in refurbishing and 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 library and archives of that 
                museum, including for the purpose of providing to the 
                public 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 and 
                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 following sites: Thunder Bay, 
                the Manitou Passage, Isle Royale National Park, 
                Keweenaw Peninsula, Marquette County, Alger County, 
                Whitefish Point, the Straits of Mackinac, the Thumb 
                Area, and Sanilac Shores.
            (3) Grant conditions.--The Secretary may not make a grant 
        under this subsection unless the grantee complies with the 
        requirements set forth in paragraphs (1) through (5) of section 
        4(d).
    (k) Report to Congress.--The Secretary shall submit to the 
Congress, after review by the Committee, an annual report on the 
Program, including--
            (1) a description of each project funded under the Program 
        in the period covered by the report;
            (2) the results or accomplishments of each such project; 
        and
            (3) recommended priorities for achieving the policy set 
        forth in section 3.

SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY COMMITTEE.

    (a) Establishment.--There is hereby established a National Maritime 
Heritage Grants Advisory Committee.
    (b) Membership.--
            (1) In general.--The Committee shall consist of 13 members 
        appointed by the Secretary from among individual members of the 
        public who--
                    (A) are representatives of various sectors of the 
                maritime community who are knowledgeable and 
                experienced in maritime heritage and preservation;
                    (B) to the extent practicable, are selected in a 
                manner that ensures regional geographic balance;
                    (C) to the extent practicable, include a 
                representative of each of the fields of--
                            (i) small craft preservation;
                            (ii) large vessel preservation;
                            (iii) sail training;
                            (iv) preservation architecture;
                            (v) underwater archaeology;
                            (vi) lighthouse preservation;
                            (vii) maritime education;
                            (viii) military naval history;
                            (ix) maritime museums or historical 
                        societies;
                            (x) maritime arts and crafts;
                            (xi) maritime heritage tourism; and
                            (xii) maritime recreational resources 
                        management; and
                    (D) include a member of the general public.
            (2) Ex officio members.--In addition to the members 
        appointed under paragraph (1), the President of the National 
        Trust and the President of the National Conference of State 
        Historic Preservation Officers (or their respective designees) 
        shall be ex officio voting members of the Committee.
            (3) Term.--The term of a member of the Committee appointed 
        under paragraph (1) shall be 3 years, except that of the 
        members first appointed 4 shall be appointed for an initial 
        term of 1 year and 4 shall be appointed for an initial term of 
        2 years, as specified by the Secretary at the time of 
        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 under 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 
officio Federal Government members of the Committee as follows:
            (1) At least 1 individual designated by each of--
                    (A) the Director of the National Park Service;
                    (B) the Administrator of the Maritime 
                Administration;
                    (C) the Commandant of the Coast Guard;
                    (D) the Secretary 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 
        making funding recommendations to the Secretary;
            (2) identifying and advising the Secretary regarding 
        priorities for achieving the policy set forth in section 3;
            (3) reviewing the Secretary's annual report to the Congress 
        under section 4(k); and
            (4) performing any other duties the Secretary considers 
        appropriate.
    (e) Quorum.--Nine members of the Committee shall constitute a 
quorum for making recommendations on subgrant applications.
    (f) Appointments Process.--The Secretary shall--
            (1) publicize annually, in the Federal Register and through 
        publications of preservation and maritime organizations, a 
        request for submission of nominations for appointments to the 
        Committee under subsection (b)(1); and
            (2) designate from among the members of the Committee--
                    (A) a Chairman; and
                    (B) a Vice Chairman who may act in place of the 
                Chairman during the absence or 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 Committee. While away 
from home or regular place of business in the performance of service 
for the Committee, a member of the Committee shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as a person employed intermittently in the Government service is 
allowed expenses under section 5703 of title 5, United States Code.
    (h) Staff of Federal Agencies.--Upon request of the Committee, the 
Secretary may detail, on a reimbursable basis, any of the personnel of 
the Department of the Interior to the Committee to assist it in 
carrying out its duties under this Act.
    (i) Administrative Support Services.--Upon the request of the 
Committee, the National Trust shall provide to the Committee the 
support services necessary for the Committee to carry out its duties 
under this Act.
    (j) Relationship to Other Law.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall apply to the Committee, except that meetings of 
the Committee may be closed to the public by majority vote and section 
14(b) of that Act does not apply to the Committee.
    (k) Termination.--The Committee shall terminate on September 30, 
2000.

SEC. 6. FUNDING.

    (a) Availability of Funds From Sale and Scrapping of Obsolete 
Vessels.--
            (1) In general.--Notwithstanding any other provision of 
        law, the amount of funds credited in a fiscal year to the 
        Vessel Operations Revolving Fund established by the Act of June 
        2, 1951 (46 App. U.S.C. 1241a), that is attributable to the 
        sale of 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 until 
        expended as follows:
                    (A) 50 percent shall be available to the 
                Administrator of the Maritime Administration for such 
                acquisition, maintenance, repair, reconditioning, or 
                improvement of vessels 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 reimbursement of expenses incurred by or on 
                behalf of State maritime academies or the United States 
                Merchant Marine Academy for facility and training ship 
                maintenance, repair, and modernization, and for the 
                purchase of simulators and fuel.
                    (C) The remainder shall be available to the 
                Secretary to carry out the Program, as provided in 
                subsection (b).
            (2) Application.--Paragraph (1) does not apply to amounts 
        credited to the Vessel Operations Revolving Fund before July 1, 
        1994.
    (b) Use of Amounts for Program.--
            (1) In general.--Except as provided in paragraph (2), of 
        amounts available each fiscal year for the Program under 
        subsection (a)(1)(C)--
                    (A) \1/2\ shall be used for grants under section 
                4(b); and
                    (B) \1/2\ shall be used for grants under section 
                4(c).
            (2) Use for interim projects.--Amounts available for the 
        Program under subsection (a)(1)(C) that are the proceeds of any 
        of the first 6 obsolete vessels in the National Defense Reserve 
        Fleet that are sold or scrapped after July 1, 1994, under 
        section 508 of the Merchant Marine Act, 1936 (46 U.S.C. 1158) 
        are available to the Secretary for grants for interim projects 
        approved under section 4(j) of this Act.
            (3) Administrative expenses.--
                    (A) In general.--Not more than 15 percent or 
                $500,000, whichever is less, of the amount available 
                for the Program under subsection (a)(1)(C) 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) \1/2\ shall be allocated to the 
                        National Trust for expenses incurred in 
                        administering grants under section 4(b); and
                            (ii) \1/2\ shall be allocated as 
                        appropriate by the Secretary to the National 
                        Park Service and participating State Historic 
                        Preservation Officers.
    (c) Disposals of Vessels.--
            (1) Requirement.--The Secretary of Transportation shall 
        dispose of all vessels described in paragraph (2)--
                    (A) by September 30, 1999;
                    (B) in a manner that maximizes the return on the 
                vessels to the United States; and
                    (C) in accordance with the plan of the Department 
                of Transportation for disposal of those vessels and 
                requirements under sections 508 and 510(i) of the 
                Merchant Marine Act, 1936 (46 App. U.S.C. 1158, 
                1160(i)).
            (2) Vessels described.--The vessels referred to in 
        paragraph (1) are the vessels in the National Defense Reserve 
        Fleet after July 1, 1994, that--
                    (A) are not assigned to the Ready Reserve Force 
                component of that fleet; and
                    (B) are not specifically authorized or required by 
                statute to be used for a particular purpose.
    (d) Treatment of Amounts Available.--Amounts available under this 
section shall not be considered in any determination of the amounts 
available to the Department of the Interior.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the Maritime 
        Heritage Grants Advisory Committee established under section 5.
            (2) National trust.--The term ``National Trust'' 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 from 
        taxation under section 501(a) of the Internal Revenue Code of 
        1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of 
        that Code (26 U.S.C. 501(c)(3)).
            (4) Program.--The term ``Program'' means the National 
        Maritime Heritage Grants Program 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 (1)(A) of 
        section 101(b) of the National Historic Preservation Act (16 
        U.S.C. 470a(b)(1)(A)) by the Governor of a State having a State 
        Historic Preservation Program approved by the Secretary under 
        that section.

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 
promulgate appropriate guidelines, procedures, and regulations within 1 
year after the date of enactment of this Act to carry out the Act, 
including regulations establishing terms of office for the initial 
membership of the Committee, direct grant and subgrant priorities, the 
method of solicitation and review of direct grant and subgrant 
proposals, criteria for review of direct grant and subgrant proposals, 
administrative requirements, reporting and recordkeeping requirements, 
and any other requirements the Secretary considers appropriate.

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 Battle of the Atlantic Historical 
Society (in this section referred to as ``the recipient''), if--
            (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) the recipient agrees to make the vessel available to 
        the Government if the Secretary of Transportation requires use 
        of the vessel by the Government 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 
        paragraph (1)--
                    (A) the recipient will, at the discretion of the 
                Secretary of Transportation, reconvey the vessel to the 
                Government 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(c)(3)) 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 local government for a public purpose; 
                        and
                            (ii) the vessel shall be disposed of by a 
                        court of competent jurisdiction of the county 
                        in which the principal 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 purposes;
            (5) the recipient agrees to hold the Government harmless 
        for any claims arising from exposure to asbestos after 
        conveyance 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 
        commitment, 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 Transportation 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 Secretary 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 Interest of the United States.--All right, title, 
and interest in and to a vessel that is conveyed under subsection (a) 
to and held by the recipient shall revert to the United States at any 
time that it is finally 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 provision 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, and interest of the United States in a vessel, including 
related spare parts and vessel equipment, which--
            (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 deliver 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 under 
subsection (a), the Secretary of Transportation shall require that the 
City--
            (1) raise, before the date of the conveyance, at least 
        $100,000 from non-Federal sources to support the intended use 
        of the vessel;
            (2) agree to indemnify the United States for any liability 
        arising from or caused by the vessel after the date of the 
        conveyance of the vessel, including liability--
                    (A) for personal injury 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 
        considers appropriate.
    (d) United States Not Liable.--Notwithstanding any other provision 
of law, the Government of the United States shall not be liable to any 
person for any liability described in subsection (c)(2).
    (e) Termination of Authority.--The authority of the Secretary 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 INTERNATIONAL, INC.

    (a) Conveyance.--Notwithstanding any other law, the Secretary of 
Transportation may convey, without compensation and by not later than 
September 30, 1996, all right, title, and interest of the United States 
Government in and to the vessels L.S.T. TIOGA COUNTY, R.V. LYNCH, and 
L.S.T. LORRAINE COUNTY, including related spare parts and vessel 
equipment, to the nonprofit corporation Assistance International, Inc. 
(hereinafter in this section referred to as the ``recipient''), for use 
in emergencies, vocational training, and economic development programs.
    (b) Conditions.--As a condition of any vessel conveyance under this 
section the Secretary of Transportation shall require the recipient 
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 the vessel is required by the Government;
            (4) agree that, whenever the recipient no longer requires 
        the use of the vessel for its nonprofit activities, the 
        recipient shall--
                    (A) at the discretion of the Secretary of 
                Transportation, reconvey the vessel to the Government 
                in as good a condition as when it was received from the 
                Government, except for ordinary wear and tear; and
                    (B) deliver the vessel to the Government at the 
                place where the vessel was delivered to the recipient;
            (5) agree to hold the Government harmless for any claim 
        arising after conveyance of the vessel, except for claims 
        against the Government arising during the use of the vessel by 
        the Government under paragraph (3) or (4);
            (6) have available at least $100,000 from non-Federal 
        sources to support the intended uses of the vessels; and
            (7) agree to any other conditions the Secretary of 
        Transportation considers appropriate.
    (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 Secretary 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. AUTHORITY TO CONVEY VESSEL TO THE RIO GRANDE MILITARY MUSEUM.

    (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 USS SPHINX (ARL-24), to the Rio 
Grande Military Museum (a not-for-profit corporation, hereinafter in 
this section referred to as the ``recipient'') for use as a military 
museum, if--
            (1) the recipient agrees to use the vessel as a nonprofit 
        military museum;
            (2) the vessel is not used for commercial transportation 
        purposes;
            (3) the recipient agrees to make the vessel available to 
        the Government when the 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 military museum--
                    (A) the recipient will at the discretion of the 
                Secretary of Transportation, reconvey the vessel to the 
                Government in good condition except for ordinary wear 
                and tear; or
                    (B) if the Board 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 determined exempt from 
                        taxation under the provisions of section 
                        501(c)(3) of the Internal Revenue Code, or to 
                        the Federal Government 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 county 
                        in which the principal 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 purposes;
            (5) the recipient agrees to hold the Government harmless 
        for any claims arising from exposure to asbestos after 
        conveyance of the vessel, except for claims arising from use by 
        the Government under paragraph (3) or (4); and
            (6) the recipient has available, for use to restore the 
        vessel, in the form of cash, liquid assets, 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 Government.
    (c) Other Unneeded Equipment.--The Secretary of Transportation may 
also convey any unneeded equipment from other vessels in the National 
Defense Reserve Fleet in order to restore the USS SPHINX (ARL-24) to 
museum quality.
    (d) Termination of Authority.--The authority of the Secretary 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.

            Passed the House of Representatives October 5, 1994.

            Attest:






                                                                 Clerk.






103d CONGRESS

  2d Session

                               H. R. 3059

_______________________________________________________________________

                                 AN ACT

   To establish a National Maritime Heritage Program to make grants 
  available for educational programs and the restoration of America's 
 cultural resources for the purpose of preserving America's endangered 
                           maritime heritage.