US (United States) Code. Title 16. Chapter 74: National Maritime Heritage

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 74 - NATIONAL MARITIME HERITAGE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

.

-HEAD-

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-MISC1-

Sec.

5401. Findings.

5402. National maritime heritage policy.

5403. National Maritime Heritage Grants Program.

(a) Establishment.

(b) Grants for maritime heritage education projects.

(c) Grants for maritime heritage preservation

projects.

(d) Criteria for direct grant and subgrant

eligibility.

(e) Procedures, terms, and conditions.

(f) Review of proposals.

(g) Direct grants and subgrants process.

(h) Direct grant and subgrant administration.

(i) Assistance of maritime preservation

organizations.

(j) Grants for interim projects.

(k) Report to Congress.

5404. National Maritime Heritage Grants Advisory Committee.

(a) Establishment.

(b) Membership.

(c) Federal Government ex officio members.

(d) Duties of Committee.

(e) Quorum.

(f) Appointments process.

(g) Compensation and travel expenses.

(h) Staff of Federal agencies.

(i) Administrative support services.

(j) Relationship to other law.

(k) Termination.

5405. Funding.

(a) Availability of funds from sale and scrapping of

obsolete vessels.

(b) Use of amounts for Program.

(c) Disposals of vessels.

(d) Treatment of amounts available.

5406. Definitions.

5407. Regulations.

5408. Savings provision.

5409. Designation of America's National Maritime Museum.

(a) In general.

(b) Initial designation of museums.

(c) Future designation of other museums not

precluded.

(d) Reference to museums.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 470w-8 of this title.

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16 USC Sec. 5401 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5401. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-451, Sec. 2, Nov. 2, 1994, 108 Stat. 4769.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 103-451 provided that: ''This Act (enacting

this chapter) may be cited as the 'National Maritime Heritage Act

of 1994'.''

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16 USC Sec. 5402 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5402. National maritime heritage policy

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-451, Sec. 3, Nov. 2, 1994, 108 Stat. 4770.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5403, 5404 of this title.

-CITE-

16 USC Sec. 5403 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5403. National Maritime Heritage Grants Program

-STATUTE-

(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) of this

section;

(2) grants to State Historic Preservation Officers for maritime

heritage preservation projects carried out or administered by

those Officers under subsection (c) of this section; and

(3) grants for interim projects under subsection (j) of this

section.

(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

5405(b)(1)(A) of this title, 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) of this section 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 Officers

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 5405(b)(1)(B) of this title, 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 (FOOTNOTE 1) 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) of this

section for the preservation of historic maritime resources

through -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(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) of this section, or a direct grant to or a subgrant

from a State Historic Preservation Officer under subsection (c) of

this section, 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) of this

section, or a direct grant or subgrant under subsection (c) of

this section, shall be submitted under procedures prescribed by

the Secretary.

(2) Terms and conditions

A person may not receive a subgrant under subsection (b) of

this section, or a direct grant or subgrant under subsection (c)

of this section, 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) of this section,

and direct grants or subgrants under subsection (c) of this

section, 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) of this section for

maritime heritage education projects is equal to the amount made

available under subsection (c) of this section 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) of this

section, 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) of this section, the Secretary shall be responsible for

administering direct grants for maritime heritage preservation

projects under subsection (c) of this section, and the various

State Historic Preservation Officers shall be responsible for

administering subgrants for maritime heritage preservation projects

under subsection (c) of this section, 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 5405(b)(2) of this title 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,

(FOOTNOTE 2) 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.

(FOOTNOTE 2) So in original. The comma probably should be a

closing parenthesis.

(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 subsection (d) of this section.

(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 5402 of this title.

-SOURCE-

(Pub. L. 103-451, Sec. 4, Nov. 2, 1994, 108 Stat. 4770.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5404, 5405, 5406 of this

title.

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16 USC Sec. 5404 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5404. National Maritime Heritage Grants Advisory Committee

-STATUTE-

(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

November 2, 1994.

(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 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 5402 of this title;

(3) reviewing the Secretary's annual report to the Congress

under section 5403(k) of this title; 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) of this section; 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.

(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 chapter.

(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 chapter.

(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.

-SOURCE-

(Pub. L. 103-451, Sec. 5, Nov. 2, 1994, 108 Stat. 4774.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (j),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5406 of this title.

-CITE-

16 USC Sec. 5405 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5405. Funding

-STATUTE-

(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 section 1241a of title 46, Appendix, that is

attributable to the sale of obsolete vessels in the National

Defense Reserve Fleet that are scrapped or sold under section

1158 or 1160(i) of title 46, Appendix, 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) of this

section.

(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) of this

section -

(A) 1/2 shall be used for grants under section 5403(b) of

this title; and

(B) 1/2 shall be used for grants under section 5403(c) of

this title.

(2) Use for interim projects

Amounts available for the Program under subsection (a)(1)(C) of

this section that are the proceeds of any of the first 8 obsolete

vessels in the National Defense Reserve Fleet that are sold or

scrapped after July 1, 1994, under section 1158 or 1160(i) of

title 46, Appendix, are available to the Secretary for grants for

interim projects approved under section 5403(j) of this title.

(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)

of this section 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

5403(b) of this title; 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, 2006;

(B) in the manner that provides the best value to the

Government, except in any case in which obtaining the best

value would require towing a vessel and such towing poses a

serious threat to the environment; and

(C) in accordance with the plan of the Department of

Transportation for disposal of those vessels and requirements

under sections 1158 and 1160(i) of title 46, Appendix.

(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.

-SOURCE-

(Pub. L. 103-451, Sec. 6, Nov. 2, 1994, 108 Stat. 4776; Pub. L.

105-85, div. A, title X, Sec. 1026(c), Nov. 18, 1997, 111 Stat.

1878; Pub. L. 106-398, Sec. 1 (div. C, title XXXV, Sec. 3502(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-490.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(1)(A). Pub. L. 106-398, Sec. 1 (div. C, title

XXXV, Sec. 3502(a)(1)), substituted ''2006'' for ''2001''.

Subsec. (c)(1)(B). Pub. L. 106-398, Sec. 1 (div. C, title XXXV,

Sec. 3502(a)(2)), added subpar. (B) and struck out former subpar.

(B) which read as follows: ''in a manner that maximizes the return

on the vessels to the United States; and''.

1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 1026(c)(1), inserted

''or 1160(i)'' after ''1158'' in introductory provisions.

Subsec. (b)(2). Pub. L. 105-85, Sec. 1026(c)(1), (2), inserted

''or 1160(i)'' after ''1158'' and substituted ''first 8'' for

''first 6''.

Subsec. (c)(1)(A). Pub. L. 105-85, Sec. 1026(c)(3), substituted

''2001'' for ''1999''.

PILOT PROGRAM ON EXPORT OF OBSOLETE VESSELS FOR DISMANTLEMENT AND

RECYCLING

Pub. L. 107-314, div. C, title XXXV, Sec. 3504(c), (d), Dec. 2,

2002, 116 Stat. 2755, 2756, provided that:

''(c) Pilot Program on Export of Obsolete Vessels for

Dismantlement and Recycling. - (1)(A) The Secretary of

Transportation, Secretary of State, and Administrator of the

Environmental Protection Agency shall jointly carry out one or more

pilot programs through the Maritime Administration to explore the

feasibility and advisability of various alternatives for exporting

obsolete vessels in the National Defense Reserve Fleet for purposes

of the dismantlement and recycling of such vessels.

''(B) The pilot programs shall be carried out in accordance with

applicable provisions of law and regulations.

''(2)(A) The pilot programs under paragraph (1) shall be carried

out during fiscal year 2003.

''(B) The pilot programs shall include a total of not more than

four vessels.

''(C) The authority provided by this subsection is in addition to

any other authority available to Maritime Administration for

exporting obsolete vessels in the National Defense Reserve Fleet.

''(3) Activities under the pilot programs under paragraph (1)

shall include the following:

''(A) Exploration of the feasibility and advisability of a

variety of alternatives (developed for purposes of the pilot

programs) for exporting obsolete vessels in the National Defense

Reserve Fleet for purposes of the dismantlement and recycling of

such vessels.

''(B) Response by the Maritime Administration to proposals from

the international ship recycling industry for innovative and

cost-effective disposal solutions for obsolete vessels in the

National Defense Reserve Fleet, including an evaluation of the

feasibility and advisability of such proposals.

''(C) Demonstration of the extent to which the cost-effective

dismantlement or recycling of obsolete vessels in the National

Defense Reserve Fleet can be accomplished abroad in (a) manner

that appropriately addresses concerns regarding worker health and

safety and the environment.

''(D) Opportunities to transfer abroad processes,

methodologies, and technologies for ship dismantlement and

recycling in order to support the pilot programs and to improve

international practices and standards for ship dismantlement and

recycling.

''(E) Exploration of cooperative efforts with foreign

governments (under a global action program on ship recycling or

other program) in order to foster economically and

environmentally sound ship recycling abroad.

''(4) The Secretary of Transportation shall submit to Congress a

report on the pilot programs under paragraph (1) through the

existing ship disposal reporting requirements in section 3502 of

Floyd D. Spence National Defense Authorization Act for Fiscal Year

2001 (section 1 (div. C, title XXXV, Sec. 3502) of Pub. L. 106-398,

which amended this section and enacted provisions set out below).

The report shall include a description of the activities under the

pilot programs, and such recommendations for further legislative or

administrative action as the Secretary considers appropriate.

''(d) Construction. - Nothing in this section shall be construed

to establish a preference for the reefing or export of obsolete

vessels in the National Defense Reserve Fleet over other

alternatives available to the Secretary for the scrapping of such

vessels under section 3502(d)(3) of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001.''

SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS

Pub. L. 106-398, Sec. 1 (div. C, title XXXV, Sec. 3502(b)-(f)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-490 to 1654A-492, provided

that:

''(b) Selection of Scrapping Facilities. - The Secretary of

Transportation may scrap obsolete vessels pursuant to section

6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C.

5405(c)(1)) through qualified scrapping facilities, using the most

expeditious scrapping methodology and location practicable.

Scrapping facilities shall be selected under that section on a best

value basis consistent with the Federal Acquisition Regulation, as

in effect on the date of the enactment of this Act (Oct. 30, 2000),

without any predisposition toward foreign or domestic facilities

taking into consideration, among other things, the ability of

facilities to scrap vessels -

''(1) at least cost to the Government;

''(2) in a timely manner;

''(3) giving consideration to worker safety and the

environment; and

''(4) in a manner that minimizes the geographic distance that a

vessel must be towed when towing a vessel poses a serious threat

to the environment.

''(c) Limitation on Scrapping Before Program. -

''(1) In general. - Until the report required by subsection

(d)(1) is transmitted to the congressional committees referred to

in that subsection, the Secretary may not proceed with the

scrapping of any vessel in the National Defense Reserve Fleet

except the following:

''(A) DONNER.

''(B) EXPORT COMMERCE.

''(C) BUILDER.

''(D) ALBERT E. WATTS.

''(E) WAYNE VICTORY.

''(F) MORMACDAWN.

''(G) MORMACMOON.

''(H) SANTA ELENA.

''(I) SANTA ISABEL.

''(J) SANTA CRUZ.

''(K) PROTECTOR.

''(L) LAUDERDALE.

''(N) ((M)) PVT. FRED C. MURPHY.

''(M) ((N)) BEAUJOLAIS.

''(O) MEACHAM.

''(P) NEACO.

''(Q) WABASH.

''(R) NEMASKET.

''(S) MIRFAK.

''(T) GEN. ALEX M. PATCH.

''(U) ARTHUR M. HUDDELL.

''(V) WASHINGTON.

''(W) SUFFOLK COUNTY.

''(X) CRANDALL.

''(Y) CRILLEY.

''(Z) RIGEL.

''(AA) VEGA.

''(BB) COMPASS ISLAND.

''(CC) EXPORT CHALLENGER.

''(DD) PRESERVER.

''(EE) MARINE FIDDLER.

''(FF) WOOD COUNTY.

''(GG) CATAWBA VICTORY.

''(HH) GEN. NELSON M. WALKER.

''(II) LORAIN COUNTY.

''(JJ) LYNCH.

''(KK) MISSION SANTA YNEZ.

''(LL) CALOOSAHATCHEE.

''(MM) CANISTEO.

''(2) Prioritization. - The Secretary shall exercise discretion

to prioritize for scrapping those vessels identified in paragraph

(1) that pose the most immediate threat to the environment.

''(d) Scrapping Program for Obsolete National Defense Reserve

Fleet Vessels. -

''(1) Development of program; report. - The Secretary of

Transportation, in consultation with the Secretary of the Navy

and the Administrator of the Environmental Protection Agency,

shall within 6 months after the date of the enactment of this Act

(Oct. 30, 2000) -

''(A) develop a program for the scrapping of obsolete

National Defense Reserve Fleet vessels; and

''(B) submit a report on the program to the Committee on

Transportation and Infrastructure and the Committee on

Resources of the House of Representatives, the Committee on

Commerce, Science, and Transportation of the Senate, and the

Committees on Armed Services of the House of Representatives

and the Senate.

''(2) Contents of report. - The report shall include

information concerning the initial determination of scrapping

capacity, both domestically and abroad, appropriate proposed

regulations to implement the program, funding and staffing

requirements, milestone dates for the disposal of each obsolete

vessel, and longterm cost estimates for the program.

''(3) Alternatives. - In developing the program, the Secretary

of Transportation, in consultation with the Secretary of the Navy

and the Administrator of the Environmental Protection Agency,

shall consider all alternatives and available information,

including -

''(A) alternative scrapping sites;

''(B) vessel donations;

''(C) sinking of vessels in deep water;

''(D) sinking vessels for development of artificial reefs;

''(E) sales of vessels before they become obsolete;

''(F) results from the Navy Ship Disposal Program under

section 8124 of the Department of Defense Appropriations Act,

1999 (Pub. L. 105-262, 10 U.S.C. 7291 note); and

''(G) the Report of the Department of Defense's Interagency

Panel on Ship Scrapping issued in April 1998.

''(e) Report. - Not later than 1 year after the date of the

enactment of this Act (Oct. 30, 2000), and every 6 months

thereafter, the Secretary of Transportation, in coordination with

the Secretary of the Navy, shall report to the Committee on

Transportation and Infrastructure and the Committee on Resources of

the House of Representatives, the Committee on Commerce, Science,

and Transportation of the Senate, and the Committees on Armed

Services of the House of Representatives and the Senate on the

progress of the vessel scrapping program developed under subsection

(d)(1) and on the progress of any other scrapping of obsolete

Government-owned vessels.

''(f) Presidential Recommendation. - The President shall transmit

with the report required by subsection (d)(1) a recommendation on -

''(1) whether it is necessary to amend the Toxic Substances

Control Act (15 U.S.C. 2601 et seq.) or any other environmental

statute or regulatory requirements relevant to the disposal of

vessels described in section 6(c)(2) of the National Maritime

Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by September 30,

2006; and

''(2) any proposed changes to those requirements to carry out

such disposals.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5403 of this title.

-CITE-

16 USC Sec. 5406 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5406. Definitions

-STATUTE-

In this chapter:

(1) Committee

The term ''Committee'' means the Maritime Heritage Grants

Advisory Committee established under section 5404 of this title.

(2) National Trust

The term ''National Trust'' means the National Trust for

Historic Preservation created by section 468 of this title.

(3) Private nonprofit organization

The term ''private nonprofit organization'' means any person

that is exempt from taxation under section 501(a) of title 26 and

described in section 501(c)(3) of title 26.

(4) Program

The term ''Program'' means the National Maritime Heritage

Grants Program established by section 5403(a) of this title.

(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 470a(b) of this title by the Governor of a

State having a State Historic Preservation Program approved by

the Secretary under that section.

-SOURCE-

(Pub. L. 103-451, Sec. 7, Nov. 2, 1994, 108 Stat. 4777.)

-CITE-

16 USC Sec. 5407 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5407. Regulations

-STATUTE-

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 November 2, 1994, to carry out the chapter,

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.

-SOURCE-

(Pub. L. 103-451, Sec. 8, Nov. 2, 1994, 108 Stat. 4778.)

-CITE-

16 USC Sec. 5408 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5408. Savings provision

-STATUTE-

The authorities contained in this chapter 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).

-SOURCE-

(Pub. L. 103-451, Sec. 9, Nov. 2, 1994, 108 Stat. 4778.)

-REFTEXT-

REFERENCES IN TEXT

The National Historic Preservation Act, referred to in text, is

Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is

classified generally to subchapter II (Sec. 470 et seq.) of chapter

1A of this title. For complete classification of this Act to the

Code, see section 470 of this title and Tables.

-CITE-

16 USC Sec. 5409 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 74 - NATIONAL MARITIME HERITAGE

-HEAD-

Sec. 5409. Designation of America's National Maritime Museum

-STATUTE-

(a) In general

America's National Maritime Museum is comprised of those museums

designated by law to be museums of America's National Maritime

Museum on the basis that they -

(1) house a collection of maritime artifacts clearly

representing the Nation's maritime heritage; and

(2) provide outreach programs to educate the public about the

Nation's maritime heritage.

(b) Initial designation of museums

The following museums (meeting the criteria specified in

subsection (a) of this section) are hereby designated as museums of

America's National Maritime Museum:

(1) The Mariners' Museum, located at 100 Museum Drive, Newport

News, Virginia.

(2) The South Street Seaport Museum, located at 207 Front

Street, New York, New York.

(c) Future designation of other museums not precluded

The designation of the museums referred to in subsection (b) of

this section as museums of America's National Maritime Museum does

not preclude the designation by law after October 17, 1998, of any

other museum that meets the criteria specified in subsection (a) of

this section as a museum of America's National Maritime Museum.

(d) Reference to museums

Any reference in any law, map, regulation, document, paper, or

other record of the United States to a museum designated by law to

be a museum of America's National Maritime Museum shall be deemed

to be a reference to that museum as a museum of America's National

Maritime Museum.

-SOURCE-

(Pub. L. 105-261, div. A, title X, Sec. 1068, Oct. 17, 1998, 112

Stat. 2135.)

-COD-

CODIFICATION

Section enacted as part of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999, and not as part of the

National Maritime Heritage Act of 1994 which comprises this

chapter.

-CITE-