[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1099 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1099
To make changes in laws governing Coast Guard personnel, increase
marine safety, renew certain groups that advise the Coast Guard on
safety issues, make miscellaneous improvements to Coast Guard
operations and policies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2001
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LoBiondo, and Ms.
Brown of Florida) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To make changes in laws governing Coast Guard personnel, increase
marine safety, renew certain groups that advise the Coast Guard on
safety issues, make miscellaneous improvements to Coast Guard
operations and policies, and for other purposes.
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 Personnel and Maritime
Safety Act of 2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PERSONNEL MANAGEMENT
Sec. 101. Coast Guard band director rank.
Sec. 102. Compensatory absence for isolated duty.
Sec. 103. Accelerated promotion of certain Coast Guard officers.
TITLE II--MARINE SAFETY
Sec. 201. Extension of Territorial Sea for Vessel Bridge-to-Bridge
Radiotelephone Act.
Sec. 202. Preservation of certain reporting requirements.
Sec. 203. Oil Spill Liability Trust Fund; emergency fund borrowing
authority.
Sec. 204. Merchant mariner documentation requirements.
Sec. 205. Penalties for negligent operations and interfering with safe
operation.
TITLE III--RENEWAL OF ADVISORY GROUPS
Sec. 301. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 302. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 303. Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Navigation Safety Advisory Council.
Sec. 305. National boating safety advisory council.
Sec. 306. Towing Safety Advisory Committee.
TITLE IV--MISCELLANEOUS
Sec. 401. Patrol craft.
Sec. 402. Clarification of Coast Guard authority to control vessels in
territorial waters of the United States.
Sec. 403. Caribbean support tender.
Sec. 404. Prohibition of new maritime user fees.
Sec. 405. Great Lakes lighthouses.
Sec. 406. Coast Guard report on implementation of NTSB recommendations.
Sec. 407. Conveyance of Coast Guard property in Portland, Maine.
Sec. 408. Harbor safety committees.
Sec. 409. Miscellaneous conveyances.
Sec. 410. Partnerships for performance of work at Coast Guard Yard.
Sec. 411. Boating safety.
TITLE I--PERSONNEL MANAGEMENT
SEC. 101. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is amended by
striking ``commander'' and inserting ``captain''.
SEC. 102. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) In General.--Section 511 of title 14, United States Code, is
amended to read as follows:
``Sec. 511. Compensatory absence from duty for military personnel at
isolated duty stations
``The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated duty stations
of the Coast Guard when conditions of duty result in confinement
because of isolation or in long periods of continuous duty.''.
(b) Clerical Amendment.--The chapter analysis for chapter 13 of
title 14, United States Code, is amended by striking the item relating
to section 511 and inserting the following:
``511. Compensatory absence from duty for military personnel at
isolated duty stations.''.
SEC. 103. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS.
Title 14, United States Code, is amended--
(1) in section 259, by adding at the end a new subsection
(c) to read as follows:
``(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed at
the top of the list of selectees promulgated by the Secretary under
section 271(a) of this title. The number of officers that a board may
recommend to be placed at the top of the list of selectees may not
exceed the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board may
recommend one officer for such placement. No officer may be recommended
to be placed at the top of the list of selectees unless he or she
receives the recommendation of at least a majority of the members of a
board composed of five members, or at least two-thirds of the members
of a board composed of more than five members.
``(2) The Secretary shall conduct a survey of the Coast Guard
officer corps to determine if implementation of this subsection will
improve Coast Guard officer retention. A selection board may not make
any recommendation under this subsection before the date on which the
Secretary publishes a finding, based upon the results of the survey,
that implementation of this subsection will improve Coast Guard officer
retention.
``(3) The Secretary shall submit any finding made by the Secretary
pursuant to paragraph (2) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.'';
(2) in section 260(a), by inserting ``and the names of
those officers recommended to be advanced to the top of the
list of selectees established by the Secretary under section
271(a) of this title'' after ``promotion''; and
(3) in section 271(a), by inserting at the end thereof the
following: ``The names of all officers approved by the
President and recommended by the board to be placed at the top
of the list of selectees shall be placed at the top of the list
of selectees in the order of seniority on the active duty
promotion list.''.
TITLE II--MARINE SAFETY
SEC. 201. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE
RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33
U.S.C. 1203(b)), is amended by striking ``United States inside the
lines established pursuant to section 2 of the Act of February 19, 1895
(28 Stat. 672), as amended.'' and inserting ``United States, which
includes all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27, 1988.''.
SEC. 202. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under any of the following provisions of law:
(1) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(2) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States Code.
(3) User fee activities and amounts.--Section 664 of title
46, United States Code.
(4) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(5) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(6) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 203. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND BORROWING
AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended after the first sentence by inserting ``To the
extent that such amount is not adequate for removal of a discharge or
the mitigation or prevention of a substantial threat of a discharge,
the Coast Guard may borrow from the Fund such sums as may be necessary,
up to a maximum of $100,000,000, and within 30 days shall notify
Congress of the amount borrowed and the facts and circumstances
necessitating the loan. Amounts borrowed shall be repaid to the Fund
when, and to the extent that removal costs are recovered by the Coast
Guard from responsible parties for the discharge or substantial threat
of discharge.''.
SEC. 204. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.
(a) Interim Merchant Mariners' Documents.--Section 7302 of title
46, United States Code, is amended--
(1) by striking ``A'' in subsection (f) and inserting
``Except as provided in subsection (g), a''; and
(2) by adding at the end the following:
``(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately issue
an interim merchant mariner's document valid for a period not to exceed
120 days, to--
``(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service,
with no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its crew,
cargo or passengers; or
``(B) an individual seeking renewal of, or qualifying for a
supplemental endorsement to, a valid merchant mariner's
document issued under this section.
``(2) No more than one interim document may be issued to an
individual under paragraph (1)(A) of this subsection.''.
(b) Exception.--Section 8701(a) of title 46, United States Code, is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed for a period of
not more than 30 service days within a 12 month period as
entertainment personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and''.
SEC. 205. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE
OPERATION.
Section 2302(a) of title 46, United States Code, is amended by
striking ``$1,000.'' and inserting ``$5,000 in the case of a
recreational vessel, or $25,000 in the case of any other vessel.''.
TITLE III--RENEWAL OF ADVISORY GROUPS
SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
(a) Commercial Fishing Industry Vessel Advisory Committee.--Section
4508 of title 46, United States Code, is amended--
(1) by inserting ``Safety'' in the heading after
``Vessel'';
(2) by inserting ``Safety'' in subsection (a) after
``Vessel'';
(3) by striking ``(5 U.S.C App. 1 et seq.)'' in subsection
(e)(1)(I) and inserting ``(5 U.S.C. App.)''; and
(4) by striking ``of September 30, 2000'' and inserting
``on September 30, 2005''.
(b) Conforming Amendment.--The chapter analysis for chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4508 and inserting the following:
``4508. Commercial Fishing Industry Vessel Safety Advisory
Committee.''.
SEC. 302. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public
Law 102-241) is amended by striking ``September 30, 2000.'' and
inserting ``September 30, 2005.''.
SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended by striking ``September 30, 2000'' in subsection
(g) and inserting ``September 30, 2005''.
SEC. 304. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended by striking ``September 30, 2000'' in subsection (d)
and inserting ``September 30, 2005''.
SEC. 305. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is amended by
striking ``September 30, 2000'' in subsection (e) and inserting
``September 30, 2005''.
SEC. 306. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ``An Act to Establish a Towing Safety Advisory
Committee in the Department of Transportation'' (33 U.S.C. 1231a) is
amended by striking ``September 30, 2000.'' in subsection (e) and
inserting ``September 30, 2005.''.
TITLE IV--MISCELLANEOUS
SEC. 401. PATROL CRAFT.
Notwithstanding any other provision of law, the Secretary of
Transportation may accept, by direct transfer without cost, for use by
the Coast Guard primarily for expanded drug interdiction activities
required to meet national supply reduction performance goals, up to 7
PC-170 patrol craft from the Department of Defense if it offers to
transfer such craft.
SEC. 402. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL VESSELS IN
TERRITORIAL WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by adding at the end the following:
``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION OF VESSELS
BY COAST GUARD.
``(a) Notification of Coast Guard.--Under regulations prescribed by
the Secretary, a commercial vessel entering the territorial sea of the
United States shall notify the Secretary not later than 24 hours before
that entry and provide the following information regarding the vessel:
``(1) The name of the vessel.
``(2) The route and port or place of destination in the
United States.
``(3) The time of entry into the territorial sea.
``(4) Any information requested by the Secretary to
demonstrate compliance with applicable international agreements
to which the United States is a party.
``(5) If the vessel is carrying dangerous cargo, a
description of that cargo.
``(6) A description of any hazardous conditions on the
vessel.
``(7) Any other information requested by the Secretary.
``(b) Denial of Entry.--The Secretary may deny entry of a vessel
into the territorial sea of the United States if--
``(1) the Secretary has not received notification for the
vessel in accordance with subsection (a); or
``(2) the vessel is not in compliance with any other
applicable law relating to marine safety, security, or
environmental protection.
``(c) Direction of Vessel.--The Secretary may direct the operation
of any vessel in the navigable waters of the United States as necessary
during hazardous circumstances, including the absence of a pilot
required by State or Federal law, weather, casualty, vessel traffic, or
the poor condition of the vessel.
``(d) Implementation.--The Secretary shall implement this section
consistent with section 4(d).''.
SEC. 403. CARIBBEAN SUPPORT TENDER.
The Coast Guard is authorized to operate and maintain a Caribbean
Support Tender (or similar type vessel) to provide technical
assistance, including law enforcement training, for foreign coast
guards, navies, and other maritime services.
SEC. 404. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is amended by
striking ``2001'' and inserting ``2006''.
SEC. 405. GREAT LAKES LIGHTHOUSES.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes are home to more than 400 lighthouses.
120 of these maritime landmarks are in the State of Michigan.
(2) Lighthouses are an important part of Great Lakes
culture and stand as a testament to the importance of shipping
in the region's political, economic, and social history.
(3) Advances in navigation technology have made many Great
Lakes lighthouses obsolete. In Michigan alone, approximately 70
lighthouses will be designated as excess property of the
Federal Government and will be transferred to the General
Services Administration for disposal.
(4) Unfortunately, the Federal property disposal process is
confusing, complicated, and not well-suited to disposal of
historic lighthouses or to facilitate transfers to nonprofit
organizations. This is especially troubling because, in many
cases, local nonprofit historical organizations have dedicated
tremendous resources to preserving and maintaining Great Lakes
lighthouses.
(5) If Great Lakes lighthouses disappear, the public will
be unaware of an important chapter in Great Lakes history.
(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered Historic
Places.
(b) Assistance for Great Lakes Lighthouse Preservation Efforts.--
The Secretary of Transportation, acting through the Coast Guard,
shall--
(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated to
lighthouse stewardship; and
(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes as
excess to the needs of the Coast Guard, to enable those
organizations to mobilize and be prepared to take appropriate
action with respect to the disposal of those properties.
SEC. 406. COAST GUARD REPORT ON IMPLEMENTATION OF NTSB RECOMMENDATIONS.
The Commandant of the Coast Guard shall submit a written report to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate within 90 days after the date of enactment
of this Act on what actions the Coast Guard has taken to implement the
recommendations of the National Transportation Safety Board in its
Report No. MAR-99-01. The report--
(1) shall describe in detail, by geographic region--
(A) what steps the Coast Guard is taking to fill
gaps in its communications coverage;
(B) what progress the Coast Guard has made in
installing direction-finding systems; and
(C) what progress the Coast Guard has made toward
completing its national distress and response system
modernization project; and
(2) include an assessment of the safety benefits that might
reasonably be expected to result from increased or accelerated
funding for--
(A) measures described in paragraph (1)(A); and
(B) the national distress and response system
modernization project.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation, or a
designee of the Secretary, may convey to the Gulf of Maine
Aquarium Development Corporation, its successors and assigns,
without payment for consideration, all right, title, and
interest of the United States in and to approximately 4.13
acres of land, including a pier and bulkhead, known as the
Naval Reserve Pier property, together with any improvements
thereon in their then current condition, located in Portland,
Maine. All conditions placed with the deed of title shall be
construed as covenants running with the land.
(2) Identification of property.--The Secretary, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section. The floating docks associated with or
attached to the Naval Reserve Pier property shall remain the
personal property of the United States.
(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion of
the Naval Reserve Pier property to the United States for a term
of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date of
enactment of this Act.
(2) Identification of leased premises.--The Secretary, in
consultation with the Commandant, may identify and describe the
leased premises and rights of access, including the following,
in order to allow the Coast Guard to operate and perform
missions from and upon the leased premises:
(A) The right of ingress and egress over the Naval
Reserve Pier property, including the pier and bulkhead,
at any time, without notice, for purposes of access to
Coast Guard vessels and performance of Coast Guard
missions and other mission-related activities.
(B) The right to berth Coast Guard cutters or other
vessels as required, in the moorings along the east
side of the Naval Reserve Pier property, and the right
to attach floating docks which shall be owned and
maintained at the United States' sole cost and expense.
(C) The right to operate, maintain, remove,
relocate, or replace an aid to navigation located upon,
or to install any aid to navigation upon, the Naval
Reserve Pier property as the Coast Guard, in its sole
discretion, may determine is needed for navigational
purposes.
(D) The right to occupy up to 3,000 gross square
feet at the Naval Reserve Pier property for storage and
office space, which will be provided and constructed by
the Corporation, at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(E) The right to occupy up to 1,200 gross square
feet of offsite storage in a location other than the
Naval Reserve Pier property, which will be provided by
the Corporation at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(F) The right for Coast Guard personnel to park up
to 60 vehicles, at no expense to the government, in the
Corporation's parking spaces on the Naval Reserve Pier
property or in parking spaces that the Corporation may
secure within 1,000 feet of the Naval Reserve Pier
property or within 1,000 feet of the Coast Guard Marine
Safety Office Portland. Spaces for no less than 30
vehicles shall be located on the Naval Reserve Pier
property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for
additional lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the leased
premises for purposes other than fulfilling the missions of the
Coast Guard and for other mission related activities.
(5) Termination.--In the event that the Coast Guard ceases
to use the leased premises, the Secretary, in consultation with
the Commandant, may terminate the lease with the Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States, subject to the Commandant's design
specifications, project's schedule, and final project approval,
to replace the bulkhead and pier which connects to, and
provides access from, the bulkhead to the floating docks, at
the Corporation's sole cost and expense, on the east side of the Naval
Reserve Pier property within 30 months from the date of conveyance. The
agreement to improve the leased premises shall be executed within 12
months after the date of enactment of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant is authorized to
further improve the leased premises during the lease term, at
the United States sole cost and expense.
(d) Utility Installation and Maintenance Obligations.--
(1) Utilities.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to allow the United States to operate and
maintain existing utility lines and related equipment, at the
United States sole cost and expense. At such time as the
Corporation constructs its proposed public aquarium, the
Corporation shall replace existing utility lines and related
equipment and provide additional utility lines and equipment
capable of supporting a third 110-foot Coast Guard cutter, with
comparable, new, code compliant utility lines and equipment at
the Corporation's sole cost and expense, maintain such utility
lines and related equipment from an agreed upon demarcation
point, and make such utility lines and equipment available for
use by the United States, provided that the United States pays
for its use of utilities at its sole cost and expense. The
agreement concerning the operation and maintenance of utility
lines and equipment shall be executed within 12 months after
the date of enactment of this Act.
(2) Maintenance.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to maintain, at the Corporation's sole cost
and expense, the bulkhead and pier on the east side of the
Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within
12 months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve Pier
property shall be made subject to conditions the Secretary considers
necessary to ensure that--
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises by
the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance of
any aid to navigation, without the express written permission
of the head of the agency responsible for operating and
maintaining the aid to navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve Pier
property, at the option of the Secretary, shall revert to the United
States and be placed under the administrative control of the Secretary,
if, and only if, the Corporation fails to abide by any of the terms of
this section or any agreement entered into under subsection (b), (c),
or (d) of this section.
(g) Liability of the Parties.--The liability of the United States
and the Corporation for any injury, death, or damage to or loss of
property occurring on the leased property shall be determined with
reference to existing State or Federal law, as appropriate, and any
such liability may not be modified or enlarged by this Act or any
agreement of the parties.
(h) Expiration of Authority To Convey.--The authority to convey the
Naval Reserve property under this section shall expire 3 years after
the date of enactment of this Act.
(i) Definitions.--In this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigational purposes, including but
not limited to, a light, antenna, sound signal, electronic
navigation equipment, cameras, sensors power source, or other
related equipment which are operated or maintained by the
United States.
(2) Corporation.--The term ``Corporation'' means the Gulf
of Maine Aquarium Development Corporation, its successors and
assigns.
SEC. 408. HARBOR SAFETY COMMITTEES.
(a) Study.--The Coast Guard shall study existing harbor safety
committees in the United States to identify--
(1) strategies for gaining successful cooperation among the
various groups having an interest in the local port or
waterway;
(2) organizational models that can be applied to new or
existing harbor safety committees or to prototype harbor safety
committees established under subsection (b);
(3) technological assistance that will help harbor safety
committees overcome local impediments to safety, mobility,
environmental protection, and port security; and
(4) recurring resources necessary to ensure the success of
harbor safety committees.
(b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept to small
and medium-sized ports that are not generally served by a harbor safety
committee by establishing 1 or more prototype harbor safety committees.
In selecting a location or locations for the establishment of a
prototype harbor safety committee, the Coast Guard shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider identified safety issues for a particular
port;
(3) compare the potential benefits of establishing such a
committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may be
appropriate.
(c) Effect on Existing Programs and State Law.--Nothing in this
section--
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of this Act;
(2) precludes the establishment of new harbor safety
committees in locations not selected for the establishment of a
prototype committee under subsection (b); or
(3) preempts State law.
(d) Nonapplication of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to harbor safety committees established
under this section or any other provision of law.
(e) Harbor Safety Committee Defined.--In this section, the term
``harbor safety committee'' means a local coordinating body--
(1) whose responsibilities include recommending actions to
improve the safety of a port or waterway; and
(2) the membership of which includes representatives of
government agencies, maritime labor, maritime industry
companies and organizations, environmental groups, and public
interest groups.
SEC. 409. MISCELLANEOUS CONVEYANCES.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to each of the
following properties:
(A) Coast Guard Slip Point Light Station, located
in Clallam County, Washington, to Clallam County,
Washington.
(B) The parcel of land on which is situated the
Point Pinos Light, located in Monterey County,
California, to the city of Pacific Grove, California.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or
lantern, located on the property at or before the time
of the conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Each conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the
Secretary may consider appropriate, including the
reservation of easements and other rights on behalf of
the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, each conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States, if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible
to the public, on a reasonable basis, for
educational, park, recreational, cultural,
historic preservation, or other similar
purposes specified for the property in the
terms of conveyance;
(ii) ceases to be maintained in a manner
that is consistent with its present or future
use as a site for Coast Guard aids to
navigation or compliance with this Act; or
(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (4)
established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion, the
Secretary provides written notice to the owner that the
property is needed for national security purposes.
(3) Maintenance of navigation functions.--Each conveyance
of property under this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, 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 for as long as they are
needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to
navigation without express written permission from the
Commandant;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property conveyed
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating, maintaining and inspecting aids
to navigation, and for the purpose of enforcing
compliance with this subsection; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Maintenance of property.--(A) Subject to subparagraph
(B), the owner of a property conveyed under this section shall
maintain the property in a proper, substantial, and workmanlike
manner, and in accordance with any conditions established by
the conveying authority pursuant to the National Historic
Preservation Act (16 U.S.C. 470 et seq.), and other applicable
laws.
(B) The owner of a property conveyed under this section is
not required to maintain any active aid to navigation equipment
on the property, except private aids to navigation permitted
under section 83 of title 14, United States Code.
(c) Special Terms and Conditions.--The Secretary may retain all
right, title, and interest of the United States in and to any portion
of any parcel referred to in subsection (a)(1)(B) that the Secretary
considers appropriate.
(d) Definitions.--In this section:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation
equipment, or other associated equipment which are operated or
maintained by the United States.
(2) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(3) Owner.--The term ``owner'' means, for a property
conveyed under this section, the person identified in
subsection (a)(1) of the property, and includes any successor
or assign of that person.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF WORK AT COAST GUARD YARD.
(a) Authority.--The Commandant of the Coast Guard may enter into
agreements and other arrangements with public and private foreign and
domestic entities, to establish partnerships for the performance of
work at the Coast Guard Yard, located in Baltimore, Maryland.
(b) Receipt of Funds, Contributions, and Use of Facilities.--
(1) In general.--The Coast Guard may, under partnerships
under this section, receive funds, contributions of materials
and services, and use of non-Coast Guard facilities.
(2) Treatment of funds received.--Funds received by the
Coast Guard under this subsection shall be deposited into the
Coast Guard Yard Revolving Fund.
(c) 5-Year Business Plan.--The Secretary of Transportation shall,
within 6 months after the date of the enactment of this Act, submit to
the Congress a 5-year business plan for the most efficient utilization
of the Coast Guard Yard.
SEC. 411. BOATING SAFETY.
(a) Federal Funding.--Section 4(b)(3) of the Act of August 9, 1950
(16 U.S.C. 777c(b)(3)) is amended by striking ``$82,000,000'' and
inserting ``$83,000,000''.
(b) State Funding.--Section 13102(a)(3) of title 46, United States
Code, is amended by striking ``general State revenue'' and inserting
``State funds, including amounts expended for the State's recreational
boating safety program by a State agency, a public corporation
established under State law, or any other State instrumentality, as
determined by the Secretary''.
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