Designation of ports and port calls on Indian lands

(a)

Criteria

For the purposes of complying with section 55103 of title 46, United States Code, voyages transporting passengers between ports or places in the United States shall be deemed in compliance with such section upon calling on a port or place owned by an Indian Tribe, if the voyage—(1)is made by a covered passenger vessel to which sections 3507 and 3508 of title 46, United States Code, apply; and(2)employs alien crewman issued nonimmigrant visas pursuant to subparagraph (C) of (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).(b)

Applicability

(1)

In general

Voyages conducted under subsection (a) shall originate in a port or place in the United States and terminate in a port or place in the United States.(2)

Compliance

For purposes of complying with subsection (a), a covered passenger vessel performing voyages under subsection (a) shall comply with the following:(A)Receive permission through a tribal resolution or formal agreement from the applicable Indian Tribe to dock at a port or place owned by such Indian Tribe and disembark passengers on the tribal lands of such Tribe.(B)The agreement—(i)shall grant such covered passenger vessels access to such port; and(ii)may provide authority to disembark passengers and crew on such lands and describe permissible activities for such passengers and crew. (C)Such covered passenger vessels, crews, and passengers shall comply with all applicable Tribal laws and regulations, including health and safety laws and regulations for the duration of such vessels, crews, and passenger’s time on Tribal land.(c)

Tribal powers and privileges

For voyages and port calls described in subsections (a) and (b), Tribes—(1)shall have the sole authority to make or terminate agreements described in subsection (b) at any time;(2)shall have the authority to levy and collect fees from port calls made by covered passenger vessels performed under subsection (a); and(3)shall receive the right of first refusal to provide contracts and services to covered passenger vessels described in subsection (a) for the duration of the port call.(d)

Rule of Construction

For purposes of complying with subsection (a), ports owned by Indian Tribes located on land adjacent to navigable coastal waters shall be considered a foreign port for purposes of section 55103 of title 46, United States Code.(e)

Definitions

In this Act:(1)

Covered passenger vessel

The term covered passenger vessel means a passenger vessel to which sections 3507 and 3508 of title 46 United States Code apply.(2)

Indian tribe

The term Indian Tribe means—(A)any federally recognized Indian tribe, band, nation, village, or other organized group or community; and(B)any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).(3)

Port call

The term port call means the docking of a covered passenger vessel described in subsection (a)(1) at a port controlled by an Indian Tribe, regardless of the act of embarking or disembarking passengers.(4)

Port owned by an Indian Tribe

The term port owned by an Indian Tribe means a port that is owned and controlled by an Indian Tribe and located on land owned and controlled by such Tribe.