[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 NATIONAL MARITIME HERITAGE ACT OF 1994

  Mrs. UNSOELD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3059) 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, as amended.
  The Clerk read as follows:

                               H.R. 3059

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Washington [Mrs. Unsoeld] will be recognized for 20 minutes, and the 
gentleman from Texas [Mr. Fields] will be recognized for 20 minutes.
  The Chair recognizes the gentlewoman from Washington [Mrs. Unsoeld].
  Mrs. UNSOELD. Mr. Speaker, I yield myself such time as I may consume.
  (Mrs. UNSOELD asked and was given permission to revise and extend her 
remarks, and include extraneous matter.)
  Mrs. UNSOELD. Mr. Speaker, H.R. 3059 is a long overdue effort to 
provide Federal support for maritime preservation and education 
projects. The history of our Nation is integrally connected to the 
development of our seashores, waterways, and lakes, but we are in 
danger of losing this part of our heritage. This bill is a step in the 
right direction. I commend the gentleman from Maine [Mr. Andrews] for 
his hard work and advocacy.
  The bill sets up a maritime heritage grants program to which states, 
local governments, and non-profit organizations can apply for Federal 
funding. These funds, and local matching contributions, are to be used 
to preserve our maritime lore and to educate the public on the 
importance of our maritime history.
  Funding for the program will come from scrapping National Defense 
Reserve Fleet [NDRF] vessels, most of which served the United States 
valiantly in World War II but are not obsolete. The bill apportions 
part of these scrapping revenues to maritime heritage projects, with 
the remainder divided between the Maritime Administration to maintain 
and upgrade useful NDRF vessels and state maritime academies for 
training and educational purposes.
  This bill will help stop the loss of valuable maritime historical 
resources--resources that can never be replaced--by providing dedicated 
funding for maritime heritage projects. This is a good blll, enjoyed 
bipartisan support in our Committee, and I urge the Member's support.
  At this point in the Record, I would like to insert an exchange of 
letters between the chairmen of the Merchant Marine and Fisheries 
Committee and the Natural Resources Committee regarding a 
jurisdictional matter with respect to this legislation.
  The documents referred to are as follows:

                                         House of Representatives,


                               Committee on Natural Resources,

                                  Washington, DC, October 4, 1994.
     Hon. Gerry Studds,
     Chairman, Subcommittee on Environment and Natural Resources, 
         Washington, DC.
       Dear Chairman Studds: H.R. 3059, the ``National Maritime 
     Heritage Act of 1994'' contains matters within the 
     jurisdiction of the Committee on Natural Resources. These 
     matters involve changes and additions to the duties and 
     responsibilities of the Secretary of the Interior, the 
     National Park Service, and the National Trust for Historic 
     Preservation with respect to historic preservation activities 
     and programs; specifically as they relate to maritime 
     resources. Such programs and activities as they relate to 
     maritime resources are currently administered pursuant to 
     such laws, within the jurisdiction of the Committee on 
     Natural Resources, as the National Historic Preservation Act, 
     the Historic Sites Act, and the Archeological Resources 
     Protection Act. The precedents of the House are well 
     established on the Committee on Natural Resources' 
     jurisdiction over historic preservation in general and the 
     National Park Service and the National Trust for Historic 
     Preservation in particular. As such, the Committee on Natural 
     Resources would be entitled to a referral of H.R. 3059 to our 
     Committee.
       I understand the Committee on Merchant Marine and Fisheries 
     is seeking to place H.R. 3059 on the Suspension Calendar for 
     today and has sought our assistance in expediting 
     consideration of the bill. I also understand that staff of 
     our Committees have met several times to discuss the bill. I 
     appreciate the cooperation your staff has displayed and 
     understand that changes to the bill have been worked out to 
     address potential concerns the Committee on Natural Resources 
     may have with the legislation.
       With the understanding that you will acknowledge the 
     Committee on Natural Resources' jurisdiction over H.R. 3059, 
     I will thus not seek a sequential referral of the bill to our 
     Committee. I would ask that you include our exchange of 
     correspondence on this matter in the Congressional Record 
     during debate on the bill.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                    George Miller,
                                                         Chairman.
                                  ____

                                            Committee on Merchant,


                                         Marine and Fisheries,

                                  Washington, DC, October 4, 1994.
     Hon. George Miller,
     Chairman, Committee on Natural Resources, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter of October 4, 
     1994, in which you state that the Committee on Natural 
     Resources has no objection to consideration of H.R. 3059, the 
     National Maritime Heritage Act of 1994, as ordered reported 
     by the Committee on Merchant Marine and Fisheries, on the 
     Suspension Calendar, and will not seek a sequential referral 
     of the bill under Rule X of the Standing Rules of the House 
     of Representatives. We acknowledge your Committee's 
     jurisdiction over the subject matter of the bill.
       Again, thank you for your cooperation in this matter. I 
     look forward to working with you in the near future, and will 
     gladly insert our exchange of letters in the Congressional 
     Record during debate on the bill.
       With kind regards.
           Sincerely,
                                                  Gerry E. Studds,
                                                         Chairman.

  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Maine [Mr. Andrews], and I commend him for his hard work and great 
advocacy.
  Mr. ANDREWS of Maine. Mr. Speaker, this piece of legislation has two 
very important objectives: No. 1, it changes the way some of the 
business in this institution is conducted. No. 2, it helps preserve 
maritime history for future generations of Americans.
  First, Mr. Speaker, how it changes the way some of our business is 
conducted. What this bill seeks to do Mr. Speaker, is to change the way 
some of the decisions that are made in this body are made, change those 
that are made based upon what you are and who you know, to making 
decisions based upon merit in an open and fair competitive process. 
Specifically, it changes the way that money generated from the 
scrapping of obsolete National Defense Reserve Fleet Vessels is 
allocated.
  Up to now, Mr. Speaker, decisions on how to spend this money were too 
often, in my opinion, based upon Members of Congress lining up before a 
certain committee and asking for the favor of sending some Federal 
dollars to their particular congressional district.

                              {time}  2110

  The problem I had was that more times than not, decisions were being 
made less on the basis of merit and more on the basis of the ability of 
this or that member of Congress to push their particular pet project 
forward. I felt this was wrong because I felt that there were good 
projects that had tremendous merit but did not have the right political 
connections in this body and because they did not have the right 
political connections, they were falling through the proverbial cracks 
and were being lost.
  This bill, Mr. Speaker, changes all of that. In a nutshell, it will 
fund the Maritime Heritage grants program and create a decision-making 
process based upon a fair and open competition. A grants committee will 
review competing applications and based on careful guidelines outlined 
in this legislation will make recommendations to the Secretary of the 
Interior who in turn will approve or reject the final grants. That 
grant money will then be administered by one of two organizations. 
Educational programs will be administered by the National Trust for 
Historic Preservation, and preservation programs will be administered 
through the State Historic Preservation Offices. This bill also sets up 
a cooperative network between the Federal Government, State and local 
governments, private organizations and individuals.
  The legislation, Mr. Speaker, pays for itself while at the same time 
funding productive uses for the money raised from outdated military 
equipment. Under this legislation, all National Defense Reserve Fleet 
vessels not useful to our government will be scrapped and the proceeds 
will be used to fund this program and its grants. Fifty percent of 
these funds will be used for our Ready Reserve Force, 25 percent will 
be set aside for our State Maritime Academies, and 25 percent will be 
transferred to this particular grant program.
  Finally, Mr. Speaker, it establishes a carefully outlined set of 
criteria for applicants to receive grants. This will ensure that funds 
are distributed on a fair and competitive basis.
  Mr. Speaker, may I also say that this legislation is going to 
preserve maritime history for future generations of Americans. It 
addresses a very serious problem, and, that is, our maritime heritage 
is disappearing. During the 1930's, the United States commissioned the 
documentary drawings, Mr. Speaker, of 426 of the most important 
historic vessels in existence in America. Today none of those vessels 
exist. They are gone forever.

  Mr. Speaker, we are a maritime nation. Our Nation and our economic 
strength was built upon maritime trade. Our future is linked to the 
vitality of our maritime industries. But because we have been losing 
touch with our history, with our heritage, with this important 
foundation, we have failed too often to recognize the enormous 
potential of this industry for our future. It is why, Mr. Speaker, that 
we have lost over 120,000 good-paying shipbuilding jobs in just the 
past 10 years. It is why many, many more jobs in this vital maritime 
industry hang in the balance. In short, we have lost sight of our 
maritime industry's future because, Mr. Speaker, we have lost touch 
with a vital part of our past.
  Our committee, the Committee on Merchant Marine and Fisheries, has 
taken important steps to revitalize our maritime industry and the 
future that it can provide to thousands of hardworking families across 
this country. This piece of legislation, Mr. Speaker, complements these 
steps by linking us to our heritage and to our identity.
  I want to thank each and every one of the people who were involved in 
helping to make this possible:
  The gentleman from Massachusetts [Mr. Studds], the chairman; to 
members of his staff, Lee Crocket and Carl Bentzel; to the gentleman 
from Illinois [Mr. Lipinski], chairman of the Subcommittee on Merchant 
Marine and his subcommittee staff, David Honness; and also to the 
gentleman from Minnesota [Mr. Vento], chairman, for his support as 
well. Without their support, Mr. Speaker, this would not be possible.
  Mrs. UNSOELD. Mr. Speaker, I reserve the balance of my time.
  Mr. FIELDS of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FIELDS of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. FIELDS of Texas. Mr. Speaker, I rise in support of H.R. 3059, the 
National Maritime Heritage Act of 1994.
  The preservation of our Nation's maritime heritage is extremely 
important to enable our citizens to appreciate the history of our 
merchant marine and associated maritime industries.
  H.R. 3059 was carefully considered by the Committee on Merchant 
Marine and Fisheries and, after extensive hearings and discussion, the 
bill has been modified to reflect a realistic assessment of the funding 
needs to support various preservation projects.
  I want to congratulate the gentlewoman from Maine, Olympia Snowe, for 
her leadership and support of this measure. Her tireless efforts to 
work to improve this legislation, and to encourage the Members of our 
Committee to support a workable proposal, contributed in large measure 
to the successful conclusion of our Committee's work.
  I also want to thank the Chairman of our Committee, Gerry Studds, and 
the Chairman of the Merchant Marine Subcommittee, William Lipinski, for 
their efforts in crafting a good piece of legislation.
  I particularly want to express my appreciation for the efforts of the 
Ranking Member of the Merchant Marine Subcommittee, Herbert Bateman, 
for his participation in drafting this legislation. Our colleague from 
Virginia was responsible for the inclusion in this legislation of 
several specific provisions that will encourage immediate action to 
support a number of preservation projects and activities that will 
highlight the role that the maritime industry has played in the 
economic development of our country.
  Mr. Speaker, the legislation that our Committee brings to the House 
Floor today represents a good compromise between the needs to preserve 
historic maritime facilities and, at the same time, continue to provide 
an appropriate level of funding for important programs administered by 
the Maritime Administration [MARAD] of the Department of 
Transportation. These MARAD programs assure continued support for 
maritime education and training activities and, most importantly, the 
maintenance of vessels held by the agency in the National Defense 
Reserve Fleet and the Ready Reserve Force [RRF]. As the Members know, 
vessels from the RRF were used in both the Persian Gulf War as well as 
in support of the recent military activity in Haiti by providing the 
necessary sealift capability to transport military equipment and 
supplies.
  I urge the Members of the House to support this legislation.
  Ms. SNOWE. Mr. Speaker, I rise in strong support of H.R. 3059, the 
National Maritime Heritage Act. Congressman Andrews, Congressman 
Oberstar and I introduced this bill last year in a bipartisan effort to 
help preserve our national maritime heritage.
  The United States is a maritime nation with a strong maritime 
heritage. Maritime trade is, and always has been, the very foundation 
of our national economic wealth. Our future prosperity is directly 
linked to our seaborne-commerce and our maritime industries.
  My home State of Maine also possesses a rich maritime heritage. From 
the shipbuilders of Bath to the many fishing communities all along the 
Maine coast, the passage of this bill will help preserve my home 
State's maritime heritage for future generations to appreciate.
  Yet, despite the richness of this Nation's maritime heritage, there 
is a crying need to help preserve that heritage. The passage of H.R. 
3059 would assist in the preservation of our historic ships, 
lighthouses, and maritime skills. It would impact virtually every State 
in the country that has utilized the sea, its rivers, and its lakes in 
support of the American economy. H.R. 3059 would establish a National 
Maritime Heritage Program to coordinate local, State, and Federal 
efforts to preserve our maritime heritage.
  I wish to thank Chairman Studds and Congressman Fields, the ranking 
Republican on the Merchant Marine Committee, for their support in 
bringing this bill to the floor. I urge all of my colleagues to support 
this bill.
  Mr. FIELDS of Texas. Mr. Speaker, I yield back the balance of my 
time.
  Mrs. UNSOELD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Poshard). The question is on the motion 
offered by the gentlewoman from Washington [Mrs. Unsoeld] that the 
House suspend the rules and pass the bill, H.R. 3059, as amended.
  The question was taken.
  Mr. WALKER. Mr. Speaker, I object to the vote on the grounds that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________