[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3059 Received in Senate (RDS)]
103d CONGRESS
2d Session
H.R. 3059
IN THE SENATE OF THE UNITED STATES
October 6 (legislative day, September 12), 1994
Received
_______________________________________________________________________
AN ACT
To establish a National Maritime Heritage Program to make grants
available for educational programs and the restoration of America's
cultural resources for the purpose of preserving America's endangered
maritime heritage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Maritime Heritage Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is a nation with a rich maritime
history, and it is desirable to foster in the American public a
greater awareness and appreciation of the role of maritime
endeavors in our Nation's history and culture.
(2) The maritime historical and cultural foundations of the
Nation should be preserved as a part of our community life and
development.
(3) National, State, and local groups have been working
independently to preserve the maritime heritage of the United
States.
(4) Historic resources significant to the Nation's maritime
heritage are being lost or substantially altered, often
inadvertently, with increasing frequency.
(5) The preservation of this irreplaceable maritime
heritage is in the public interest so that its vital legacy of
cultural, educational, aesthetic, inspirational, and economic
benefits will be maintained and enriched for future generations
of Americans.
(6) The current governmental and nongovernmental historic
preservation programs and activities are inadequate to ensure
future generations a genuine opportunity to appreciate and
enjoy the rich maritime heritage of our Nation.
(7) A coordinated national program is needed immediately to
redress the adverse consequences of a period of indifference
during which the maritime heritage of the United States has
become endangered and to ensure the future preservation of the
Nation's maritime heritage.
(8) A national maritime heritage policy would greatly
increase public awareness of, and participation in, the
preservation of the Nation's maritime heritage.
SEC. 3. NATIONAL MARITIME HERITAGE POLICY.
It shall be the policy of the Federal Government, in partnership
with the States and local governments and private organizations and
individuals, to--
(1) use measures, including financial and technical
assistance, to foster conditions under which our modern society
and our historic maritime resources can exist in productive
harmony;
(2) provide leadership in the preservation of the historic
maritime resources of the United States;
(3) contribute to the preservation of historic maritime
resources and give maximum encouragement to organizations and
individuals undertaking preservation by private means; and
(4) assist State and local governments to expand their
maritime historic preservation programs and activities.
SEC. 4. NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
(a) Establishment.--There is hereby established within the
Department of the Interior the National Maritime Heritage Grants
Program, to foster in the American public a greater awareness and
appreciation of the role of maritime endeavors in our Nation's history
and culture. The Program shall consist of--
(1) annual grants to the National Trust for Historic
Preservation for subgrants administered by the National Trust
for maritime heritage education projects under subsection (b);
(2) grants to State Historic Preservation Officers for
maritime heritage preservation projects carried out or
administered by those Officers under subsection (c); and
(3) grants for interim projects under subsection (j).
(b) Grants for Maritime Heritage Education Projects.--
(1) Grants to national trust for historic preservation.--
The Secretary, subject to paragraphs (2), (3), and (4), and the
availability of amounts for that purpose under section
6(b)(1)(A), shall make an annual grant to the National Trust
for maritime heritage education projects.
(2) Use of grants.--Amounts received by the National Trust
as an annual grant under this subsection shall be used to make
subgrants to State and local governments and private nonprofit
organizations to carry out education projects which have been
approved by the Secretary under subsection (f) and which
consist of--
(A) assistance to any maritime museum or historical
society for--
(i) existing and new educational programs,
exhibits, educational activities, conservation,
and interpretation of artifacts and
collections;
(ii) minor improvements to educational and
museum facilities; and
(iii) other similar activities;
(B) activities designed to encourage the
preservation of traditional maritime skills,
including--
(i) building and operation of vessels of
all sizes and types for educational purposes;
(ii) special skills such as wood carving,
sail making, and rigging;
(iii) traditional maritime art forms; and
(iv) sail training;
(C) other educational activities relating to
historic maritime resources, including--
(i) maritime educational waterborne-
experience programs in historic vessels or
vessel reproductions;
(ii) maritime archaeological field schools;
and
(iii) educational programs on other aspects
of maritime history;
(D) heritage programs focusing on maritime historic
resources, including maritime heritage trails and
corridors; or
(E) the construction and use of reproductions of
historic maritime resources for educational purposes,
if a historic maritime resource no longer exists or
would be damaged or consumed through direct use.
(c) Grants for Maritime Heritage Preservation Projects.--
(1) Grants to state historic preservation offices.--The
Secretary, acting through the National Maritime Initiative of
the National Park Service and subject to paragraphs (2) and
(3), and the availability of amounts for that purpose under
section 6(b)(1)(B), shall make grants to State Historic
Preservation Officers for maritime heritage preservation
projects.
(2) Use of grants.--Amounts received by a State Historic
Preservation Officer as a grant under this subsection shall be
used by the Officer to carry out or to make subgrants to local
governments and private nonprofit organizations to carry out,
projects which have been approved by the Secretary under
subsection (f) for the preservation of historic maritime
resources through--
(A) identification of historic maritime resources,
including underwater archaeological sites;
(B) acquisition of historic maritime resources for
the purposes of preservation;
(C) repair, restoration, stabilization,
maintenance, or other capital improvements to historic
maritime resources, in accordance with standards
prescribed by the Secretary; and
(D) research, recording (through drawings,
photographs, or otherwise), planning (through
feasibility studies, architectural and engineering
services, or otherwise), and other services carried out
as part of a preservation program for historic maritime
resources.
(d) Criteria for Direct Grant and Subgrant Eligibility.--To qualify
for a subgrant from the National Trust under subsection (b), or a
direct grant to or a subgrant from a State Historic Preservation
Officer under subsection (c), a person must--
(1) demonstrate that the project for which the direct grant
or subgrant will be used has the potential for reaching a broad
audience with an effective educational program based on
American maritime history, technology, or the role of maritime
endeavors in American culture;
(2) match the amount of the direct grant or subgrant, on a
1-to-1 basis, with non-Federal assets from non-Federal sources,
which may include cash or donated services fairly valued as
determined by the Secretary;
(3) maintain records as may be reasonably necessary to
fully disclose--
(A) the amount and the disposition of the proceeds
of the direct grant or subgrant;
(B) the total cost of the project for which the
direct grant or subgrant is made; and
(C) other records as may be required by the
Secretary, including such records as will facilitate an
effective accounting for project funds;
(4) provide access to the Secretary for the purposes of any
required audit and examination of any books, documents, papers,
and records of the person; and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) Procedures, Terms, and Conditions.--
(1) Application procedures.--An application for a subgrant
under subsection (b), or a direct grant or subgrant under
subsection (c), shall be submitted under procedures prescribed
by the Secretary.
(2) Terms and conditions.--A person may not receive a
subgrant under subsection (b), or a direct grant or subgrant
under subsection (c), unless the person has agreed to assume,
after completion of the project for which the direct grant or
subgrant is awarded, the total cost of the continued
maintenance, repair, and administration of any property for
which the subgrant will be used in a manner satisfactory to the
Secretary.
(f) Review of Proposals.--
(1) Committee recommendations.--The National Maritime
Heritage Grants Committee shall review applications for
subgrants under subsection (b), and direct grants or subgrants
under subsection (c), and submit recommendations to the
Secretary regarding projects which should receive funding under
those direct grants and subgrants.
(2) Allocation of grant funding.--To the extent feasible,
the Secretary shall ensure that the amount made available under
subsection (b) for maritime heritage education projects is
equal to the amount made available under subsection (c) for
maritime heritage preservation projects.
(3) Limitation.--The amount provided by the Secretary in a
fiscal year as grants under this section for projects relating
to historic maritime resources owned or operated by the Federal
Government shall not exceed 40 percent of the total amount
available for the fiscal year for grants under this section.
(g) Direct Grants and Subgrants Process.--
(1) Direct grants and subgrants solicitation.--The
Secretary shall publish annually in the Federal Register and
otherwise as the Secretary considers appropriate--
(A) a solicitation of applications for direct
grants and subgrants under this section;
(B) a list of priorities for the making of those
direct grants and subgrants;
(C) a single deadline for the submission of
applications for those direct grants and subgrants; and
(D) other relevant information.
(2) Receipt and approval or disapproval of direct grant and
subgrant applications.--Within 60 days after the submission of
recommendations by the Committee to the Secretary under
subsection (h)(6), the Secretary shall review and approve or
disapprove a direct grant or subgrant for each project
recommended by the Committee and provide to the Committee and
the applicant the reasons for that approval or disapproval.
(h) Direct Grant and Subgrant Administration.--The National Trust
shall be responsible for administering subgrants for maritime heritage
education projects under subsection (b), the Secretary shall be
responsible for administering direct grants for maritime heritage
preservation projects under subsection (c), and the various State
Historic Preservation Officers shall be responsible for administering
subgrants for maritime heritage preservation projects under subsection
(c), by--
(1) publicizing the Program to prospective grantees,
subgrantees, and to the public at large, in cooperation with
the National Park Service, the Maritime Administration, and
other appropriate government agencies and private institutions;
(2) answering inquiries from the public, including
providing information on the Program as requested;
(3) distributing direct grant and subgrant applications;
(4) receiving direct grant and subgrant applications and
ensuring their completeness;
(5) forwarding the applications to the Committee for review
and recommendation;
(6) submitting to the Secretary applications that the
Committee recommends should be approved by the Secretary;
(7) keeping records of all direct grant and subgrant awards
and expenditures of funds;
(8) monitoring progress of projects carried out with direct
grants and subgrants; and
(9) providing to the Secretary such progress reports as may
be required by the Secretary.
(i) Assistance of Maritime Preservation Organizations.--The
Secretary, the National Trust, and the State Historic Preservation
Officers may, individually or jointly, enter into cooperative
agreements with any private nonprofit organization with appropriate
expertise in maritime preservation issues, or other qualified maritime
preservation organizations, to assist in the administration of the
Program.
(j) Grants for Interim Projects.--
(1) Grants authority.--The Secretary, subject to paragraph
(3), may use amounts available under section 6(b)(2) to make
one or more grants described in paragraph (2).
(2) Grants described.--The grants referred to in paragraph
(1) are the following:
(A) A grant to the National Museum Association (a
nonprofit organization located in San Francisco,
California) for payment of expenses directly related to
the preservation and restoration of the historic fleet
of the San Francisco Maritime National Historical Park,
located in San Francisco, California.
(B) A grant to the Virginia V Foundation (a
nonprofit organization) for use in restoration and
preservation of the historic steamship VIRGINIA V.
(C) A grant to any nonprofit organization which
operates and maintains a former hospital ship to be
converted to engage in public health activities, for
use in refurbishing and maintaining the ship for those
activities.
(D) A grant to the Mariners' Museum (a not-for-
profit educational institution located in Newport News,
Virginia, for use for expenses directly related to the
computerization of the library and archives of that
museum, including for the purpose of providing to the
public enhanced national access to those materials.
(E) A grant for each of fiscal years 1996, 1997,
1998, 1999, and 2000 to the Center for Maritime and
Underwater Resource Management at Michigan State
University, for a pilot project to plan, design,
implement, and evaluate innovative approaches to
management and development of maritime and underwater
cultural resources at the following sites: Thunder Bay,
the Manitou Passage, Isle Royale National Park,
Keweenaw Peninsula, Marquette County, Alger County,
Whitefish Point, the Straits of Mackinac, the Thumb
Area, and Sanilac Shores.
(3) Grant conditions.--The Secretary may not make a grant
under this subsection unless the grantee complies with the
requirements set forth in paragraphs (1) through (5) of section
4(d).
(k) Report to Congress.--The Secretary shall submit to the
Congress, after review by the Committee, an annual report on the
Program, including--
(1) a description of each project funded under the Program
in the period covered by the report;
(2) the results or accomplishments of each such project;
and
(3) recommended priorities for achieving the policy set
forth in section 3.
SEC. 5. NATIONAL MARITIME HERITAGE GRANTS ADVISORY COMMITTEE.
(a) Establishment.--There is hereby established a National Maritime
Heritage Grants Advisory Committee.
(b) Membership.--
(1) In general.--The Committee shall consist of 13 members
appointed by the Secretary from among individual members of the
public who--
(A) are representatives of various sectors of the
maritime community who are knowledgeable and
experienced in maritime heritage and preservation;
(B) to the extent practicable, are selected in a
manner that ensures regional geographic balance;
(C) to the extent practicable, include a
representative of each of the fields of--
(i) small craft preservation;
(ii) large vessel preservation;
(iii) sail training;
(iv) preservation architecture;
(v) underwater archaeology;
(vi) lighthouse preservation;
(vii) maritime education;
(viii) military naval history;
(ix) maritime museums or historical
societies;
(x) maritime arts and crafts;
(xi) maritime heritage tourism; and
(xii) maritime recreational resources
management; and
(D) include a member of the general public.
(2) Ex officio members.--In addition to the members
appointed under paragraph (1), the President of the National
Trust and the President of the National Conference of State
Historic Preservation Officers (or their respective designees)
shall be ex officio voting members of the Committee.
(3) Term.--The term of a member of the Committee appointed
under paragraph (1) shall be 3 years, except that of the
members first appointed 4 shall be appointed for an initial
term of 1 year and 4 shall be appointed for an initial term of
2 years, as specified by the Secretary at the time of
appointment.
(4) Completion of appointments.--The Secretary shall
complete appointment of the members of the Committee under
paragraph (1) by not later than 120 days after the date of
enactment of this Act.
(5) Vacancies.--In the case of a vacancy in the membership
of the Committee appointed under paragraph (1), the Secretary
shall appoint an individual to serve the remainder of the term
that is vacant by not later than 60 days after the vacancy
occurs.
(c) Federal Government Ex Officio Members.--There shall be ex
officio Federal Government members of the Committee as follows:
(1) At least 1 individual designated by each of--
(A) the Director of the National Park Service;
(B) the Administrator of the Maritime
Administration;
(C) the Commandant of the Coast Guard;
(D) the Secretary of the Navy;
(E) the Administrator of the National Oceanic and
Atmospheric Administration; and
(F) the Advisory Council on Historic Preservation.
(2) Other representatives designated by the heads of such
other interested Federal Government agencies as the Secretary
considers appropriate.
(d) Duties of the Committee.--The duties of the Committee include--
(1) reviewing direct grant and subgrant proposals and
making funding recommendations to the Secretary;
(2) identifying and advising the Secretary regarding
priorities for achieving the policy set forth in section 3;
(3) reviewing the Secretary's annual report to the Congress
under section 4(k); and
(4) performing any other duties the Secretary considers
appropriate.
(e) Quorum.--Nine members of the Committee shall constitute a
quorum for making recommendations on subgrant applications.
(f) Appointments Process.--The Secretary shall--
(1) publicize annually, in the Federal Register and through
publications of preservation and maritime organizations, a
request for submission of nominations for appointments to the
Committee under subsection (b)(1); and
(2) designate from among the members of the Committee--
(A) a Chairman; and
(B) a Vice Chairman who may act in place of the
Chairman during the absence or disability of the
Chairman or when the office of Chairman is vacant.
(g) Compensation and Travel Expenses.--An individual shall not
receive any pay by reason of membership on the Committee. While away
from home or regular place of business in the performance of service
for the Committee, a member of the Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as a person employed intermittently in the Government service is
allowed expenses under section 5703 of title 5, United States Code.
(h) Staff of Federal Agencies.--Upon request of the Committee, the
Secretary may detail, on a reimbursable basis, any of the personnel of
the Department of the Interior to the Committee to assist it in
carrying out its duties under this Act.
(i) Administrative Support Services.--Upon the request of the
Committee, the National Trust shall provide to the Committee the
support services necessary for the Committee to carry out its duties
under this Act.
(j) Relationship to Other Law.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall apply to the Committee, except that meetings of
the Committee may be closed to the public by majority vote and section
14(b) of that Act does not apply to the Committee.
(k) Termination.--The Committee shall terminate on September 30,
2000.
SEC. 6. FUNDING.
(a) Availability of Funds From Sale and Scrapping of Obsolete
Vessels.--
(1) In general.--Notwithstanding any other provision of
law, the amount of funds credited in a fiscal year to the
Vessel Operations Revolving Fund established by the Act of June
2, 1951 (46 App. U.S.C. 1241a), that is attributable to the
sale of obsolete vessels in the National Defense Reserve Fleet
that are scrapped or sold under section 508 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1158) shall be available until
expended as follows:
(A) 50 percent shall be available to the
Administrator of the Maritime Administration for such
acquisition, maintenance, repair, reconditioning, or
improvement of vessels in the National Defense Reserve
Fleet as is authorized under other Federal law.
(B) 25 percent shall be available to the
Administrator of the Maritime Administration for the
payment or reimbursement of expenses incurred by or on
behalf of State maritime academies or the United States
Merchant Marine Academy for facility and training ship
maintenance, repair, and modernization, and for the
purchase of simulators and fuel.
(C) The remainder shall be available to the
Secretary to carry out the Program, as provided in
subsection (b).
(2) Application.--Paragraph (1) does not apply to amounts
credited to the Vessel Operations Revolving Fund before July 1,
1994.
(b) Use of Amounts for Program.--
(1) In general.--Except as provided in paragraph (2), of
amounts available each fiscal year for the Program under
subsection (a)(1)(C)--
(A) \1/2\ shall be used for grants under section
4(b); and
(B) \1/2\ shall be used for grants under section
4(c).
(2) Use for interim projects.--Amounts available for the
Program under subsection (a)(1)(C) that are the proceeds of any
of the first 6 obsolete vessels in the National Defense Reserve
Fleet that are sold or scrapped after July 1, 1994, under
section 508 of the Merchant Marine Act, 1936 (46 U.S.C. 1158)
are available to the Secretary for grants for interim projects
approved under section 4(j) of this Act.
(3) Administrative expenses.--
(A) In general.--Not more than 15 percent or
$500,000, whichever is less, of the amount available
for the Program under subsection (a)(1)(C) for a fiscal
year may be used for expenses of administering the
Program.
(B) Allocation.--Of the amount available under
subparagraph (A) for a fiscal year--
(i) \1/2\ shall be allocated to the
National Trust for expenses incurred in
administering grants under section 4(b); and
(ii) \1/2\ shall be allocated as
appropriate by the Secretary to the National
Park Service and participating State Historic
Preservation Officers.
(c) Disposals of Vessels.--
(1) Requirement.--The Secretary of Transportation shall
dispose of all vessels described in paragraph (2)--
(A) by September 30, 1999;
(B) in a manner that maximizes the return on the
vessels to the United States; and
(C) in accordance with the plan of the Department
of Transportation for disposal of those vessels and
requirements under sections 508 and 510(i) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1158,
1160(i)).
(2) Vessels described.--The vessels referred to in
paragraph (1) are the vessels in the National Defense Reserve
Fleet after July 1, 1994, that--
(A) are not assigned to the Ready Reserve Force
component of that fleet; and
(B) are not specifically authorized or required by
statute to be used for a particular purpose.
(d) Treatment of Amounts Available.--Amounts available under this
section shall not be considered in any determination of the amounts
available to the Department of the Interior.
SEC. 7. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Maritime
Heritage Grants Advisory Committee established under section 5.
(2) National trust.--The term ``National Trust'' means the
National Trust for Historic Preservation created by section 1
of the Act of October 26, 1949 (16 U.S.C. 468).
(3) Private nonprofit organization.--The term ``private
nonprofit organization'' means any person that is exempt from
taxation under section 501(a) of the Internal Revenue Code of
1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of
that Code (26 U.S.C. 501(c)(3)).
(4) Program.--The term ``Program'' means the National
Maritime Heritage Grants Program established by section 4(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State historic preservation officer.--The term ``State
Historic Preservation Officer'' means a State Historic
Preservation Officer appointed pursuant to paragraph (1)(A) of
section 101(b) of the National Historic Preservation Act (16
U.S.C. 470a(b)(1)(A)) by the Governor of a State having a State
Historic Preservation Program approved by the Secretary under
that section.
SEC. 8. REGULATIONS.
The Secretary, after consultation with the National Trust, the
National Conference of State Historic Preservation Officers, and
appropriate members of the maritime heritage community, shall
promulgate appropriate guidelines, procedures, and regulations within 1
year after the date of enactment of this Act to carry out the Act,
including regulations establishing terms of office for the initial
membership of the Committee, direct grant and subgrant priorities, the
method of solicitation and review of direct grant and subgrant
proposals, criteria for review of direct grant and subgrant proposals,
administrative requirements, reporting and recordkeeping requirements,
and any other requirements the Secretary considers appropriate.
SEC. 9. SAVINGS PROVISION.
The authorities contained in this Act shall be in addition to, and
shall not be construed to supercede or modify those contained in the
National Historic Preservation Act (16 U.S.C. 470-470x-6).
SEC. 10. AUTHORITY TO CONVEY VESSEL TO THE BATTLE OF THE ATLANTIC
HISTORICAL SOCIETY.
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation may convey the right, title, and interest of the United
States Government in and to the vessel S/S AMERICAN VICTORY (Victory
Ship VC2-S-AP3; United States official number 248005), or a vessel of a
comparable size and class, to the Battle of the Atlantic Historical
Society (in this section referred to as ``the recipient''), if--
(1) the recipient agrees to use the vessel for the purposes
of a Merchant Marine memorial, historical preservation, and
educational activities;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government if the Secretary of Transportation requires use
of the vessel by the Government for war or a national
emergency;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use for the purposes described in
paragraph (1)--
(A) the recipient will, at the discretion of the
Secretary of Transportation, reconvey the vessel to the
Government in good condition except for ordinary wear
and tear; or
(B) if the recipient has decided to dissolve
according to the laws of the State of New York, then--
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and that is exempt from taxation
under section 501(a) of that Code (26 U.S.C.
501(a)), or to the Federal Government or a
State or local government for a public purpose;
and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county
in which the principal office of the recipient
is located, for such purposes as the court
shall determine, or to such organizations as
the court shall determine are organized
exclusively for public purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos after
conveyance of the vessel, except for claims arising from use by
the Government under paragraph (3) or (4);
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000; and
(7) the recipient is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and is
exempt from taxation under section 501(a) of that Code (26
U.S.C. 501(a)).
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary of Transportation shall deliver the vessel at
the place where the vessel is located on the date of enactment of this
Act, in its present condition, without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary of Transportation may
convey to the recipient any unneeded equipment from other vessels in
the National Defense Reserve Fleet for use to restore the S/S AMERICAN
VICTORY, or a vessel of a comparable size and class, to museum quality.
(d) Termination of Authority.--The authority of the Secretary of
Transportation under this section to convey a vessel to the Battle of
the Atlantic Historical Society shall expire 2 years after the date of
enactment of this Act.
(e) Reversionary Interest of the United States.--All right, title,
and interest in and to a vessel that is conveyed under subsection (a)
to and held by the recipient shall revert to the United States at any
time that it is finally determined that the recipient is not exempt
from taxation under section 501(a) of the Internal Revenue Code of 1986
(26 U.S.C. 501(a)).
SEC. 11. AUTHORITY TO CONVEY VESSEL TO WARSAW, KENTUCKY.
(a) Authority to Convey.--Notwithstanding any other provision of
law, the Secretary of Transportation may, subject to subsection (c),
convey to the City of Warsaw, Kentucky, without consideration, for use
by the City for the promotion of economic development and tourism, all
right, title, and interest of the United States in a vessel, including
related spare parts and vessel equipment, which--
(1) is in the National Defense Reserve Fleet on the date of
enactment of this Act;
(2) has no usefulness to the United States Government; and
(3) is scheduled to be scrapped.
(b) Delivery.--At the request of the City of Warsaw, Kentucky, the
Secretary of Transportation is authorized to deliver the vessel
referred to in subsection (a)--
(1) at the place where the vessel is located on the date of
the approval of the conveyance;
(2) in its condition on that date; and
(3) without cost to the United States Government.
(c) Conditions.--As a condition of any conveyance of a vessel under
subsection (a), the Secretary of Transportation shall require that the
City--
(1) raise, before the date of the conveyance, at least
$100,000 from non-Federal sources to support the intended use
of the vessel;
(2) agree to indemnify the United States for any liability
arising from or caused by the vessel after the date of the
conveyance of the vessel, including liability--
(A) for personal injury or damage to property;
(B) related to the delivery of the vessel to the
City; and
(C) related to asbestos; and
(3) comply with any other conditions the Secretary
considers appropriate.
(d) United States Not Liable.--Notwithstanding any other provision
of law, the Government of the United States shall not be liable to any
person for any liability described in subsection (c)(2).
(e) Termination of Authority.--The authority of the Secretary of
Transportation under this section to convey a vessel to the City of
Warsaw, Kentucky, shall expire 2 years after the date of enactment of
this Act.
SEC. 12. AUTHORITY TO CONVEY VESSEL TO ASSISTANCE INTERNATIONAL, INC.
(a) Conveyance.--Notwithstanding any other law, the Secretary of
Transportation may convey, without compensation and by not later than
September 30, 1996, all right, title, and interest of the United States
Government in and to the vessels L.S.T. TIOGA COUNTY, R.V. LYNCH, and
L.S.T. LORRAINE COUNTY, including related spare parts and vessel
equipment, to the nonprofit corporation Assistance International, Inc.
(hereinafter in this section referred to as the ``recipient''), for use
in emergencies, vocational training, and economic development programs.
(b) Conditions.--As a condition of any vessel conveyance under this
section the Secretary of Transportation shall require the recipient
to--
(1) agree to use the vessel solely for nonprofit
activities;
(2) agree to not use the vessel for commercial
transportation purposes in competition with any United States-
flag vessel;
(3) agree to make the vessel available to the Government
whenever use of the vessel is required by the Government;
(4) agree that, whenever the recipient no longer requires
the use of the vessel for its nonprofit activities, the
recipient shall--
(A) at the discretion of the Secretary of
Transportation, reconvey the vessel to the Government
in as good a condition as when it was received from the
Government, except for ordinary wear and tear; and
(B) deliver the vessel to the Government at the
place where the vessel was delivered to the recipient;
(5) agree to hold the Government harmless for any claim
arising after conveyance of the vessel, except for claims
against the Government arising during the use of the vessel by
the Government under paragraph (3) or (4);
(6) have available at least $100,000 from non-Federal
sources to support the intended uses of the vessels; and
(7) agree to any other conditions the Secretary of
Transportation considers appropriate.
(c) Delivery.--The Secretary of Transportation shall deliver each
vessel conveyed under this section to the recipient--
(1) at the place where the vessel is located on the date of
enactment of this Act;
(2) in its condition on July 25, 1991, except for ordinary
wear and tear occurring after that date; and
(3) without cost to the Government.
(d) Termination of Authority.--The Authority of the Secretary of
Transportation under this section to convey vessels to Assistance
International, Inc., shall expire 2 years after the date of enactment
of this Act.
SEC. 13. AUTHORITY TO CONVEY VESSEL TO THE RIO GRANDE MILITARY MUSEUM.
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation may convey the right, title, and interest of the United
States Government in and to the vessel USS SPHINX (ARL-24), to the Rio
Grande Military Museum (a not-for-profit corporation, hereinafter in
this section referred to as the ``recipient'') for use as a military
museum, if--
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government when the Secretary of Transportation requires
use of the vessel by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum--
(A) the recipient will at the discretion of the
Secretary of Transportation, reconvey the vessel to the
Government in good condition except for ordinary wear
and tear; or
(B) if the Board of Directors of the recipient has
decided to dissolve the recipient according to the laws
of the State of Texas, then--
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person that has been determined exempt from
taxation under the provisions of section
501(c)(3) of the Internal Revenue Code, or to
the Federal Government or a State or local
government for a public purpose; and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county
in which the principal office of the recipient
is located, for such purposes as the court
shall determine, or to such organizations as
the court shall determine are organized
exclusively for public purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos after
conveyance of the vessel, except for claims arising from use by
the Government under paragraph (3) or (4); and
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary of Transportation shall deliver the vessel at
the place where the vessel is located on the date of enactment of this
Act, in its present condition, without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary of Transportation may
also convey any unneeded equipment from other vessels in the National
Defense Reserve Fleet in order to restore the USS SPHINX (ARL-24) to
museum quality.
(d) Termination of Authority.--The authority of the Secretary of
Transportation under this section to convey a vessel to the Rio Grande
Military Museum shall expire 2 years after the date of enactment of
this Act.
Passed the House of Representatives October 5, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR. 3059 RDS----2
HR. 3059 RDS----3