An amendment numbered 11 printed in the Congressional Record to authorize $60 million in additional funds for operation and maintenance of the Coast Guard as a result of Hurricane Katrina and to add certain other sundry provisions.

1. 1

   Change 1: Adds SEC. 103. AUTHORIZATION OF FUNDING RELATED TO HURRICANE KATRINA at the end of title I

   Adds a section

   In H.R. 889 · Reported in House

   (4) For officer acquisition for fiscal year 2006, 1,200 student years.

   Inserted: SEC. 103. AUTHORIZATION OF FUNDING RELATED TO HURRICANE KATRINA.

   Inserted: There is authorized to be appropriated for fiscal year 2005 for the operation and maintenance of the Coast Guard, in addition to the amounts authorized for that fiscal year by section 101(1) of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1030), $60,000,000 for emergency hurricane expenses, emergency repairs, and deployment of personnel, to support costs of evacuation, and for other costs resulting from immediate relief efforts related to Hurricane Katrina.

   Original wording

   At the end of title I add the following:

2. 2

   Change 2: Adds SEC. 210. ICEBREAKER OPERATION AND MAINTENANCE PLAN at the end of title II

   Adds a section

   In H.R. 889 · Reported in House

   "197. Coast Guard history fellowships.".

   Inserted: SEC. 210. ICEBREAKER OPERATION AND MAINTENANCE PLAN.

   Inserted: The Secretary of the department in which the Coast Guard is operating shall--

   Inserted: (1) by not later than 90 days after the date of the enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for operation and maintenance of Coast Guard icebreakers in the waters of Antarctica after fiscal year 2006 that does not rely on the transfer of funds to the Coast Guard by any other Federal agency; and

   Inserted: (2) subject to the availability of appropriations, implement the plan in fiscal years after fiscal year 2006.

   Inserted: SEC. 211. OPERATION AS A SERVICE IN THE NAVY.

   Inserted: Section 3 of title 14, United States Code, is amended by striking "Upon the declaration of war or when" and inserting "When".

   Inserted: SEC. 212. COMMENDATION, RECOGNITION, AND THANKS FOR COAST GUARD PERSONNEL.

   Inserted: (a) Findings.--The Congress finds the following:

   Inserted: (1) On August 29, 2005, Hurricane Katrina struck the the Gulf of Mexico coastal region of Louisiana, Mississippi, and Alabama, causing the worst natural disaster in United States history.

   Inserted: (2) The response to such hurricane by members and employees of the Coast Guard has been immediate, invaluable, and courageous.

   Inserted: (3) Members and employees of the Coast Guard--

   Inserted: (A) have shown great leadership in helping to coordinate relief efforts with respect to Hurricane Katrina;

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   Inserted: (B) have used their expertise and specialized skills to provide immediate assistance to victims and survivors of the hurricane; and

   Inserted: (C) have set up remote assistance operations in the affected areas in order to best provide service to Gulf of Mexico coastal region.

   Inserted: (4) Members of the Coast Guard have volunteered their unique resources to assess the situation and deliver aid when and where other relief efforts could not.

   Inserted: (5) Members of the Coast Guard have demonstrated their resolve and character by providing aid to Hurricane Katrina victims and survivors.

   Inserted: (6) Members and employees of the Coast Guard have worked together to bring clean water, food, and resources to victims and survivors in need.

   Inserted: (b) Commendation, Recognition, and Thanks.--The Congress--

   Inserted: (1) commends the outstanding efforts in response to Hurricane Katrina by members and employees of the Coast Guard;

   Inserted: (2) recognizes that the actions of these individuals went above and beyond the call of duty; and

   Inserted: (3) thanks them for their continued dedication and service.

   Inserted: SEC. 213. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY HURRICANE KATRINA.

   Inserted: (a) In General.--Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may reimburse a person who is eligible under subsection (b) for reimbursement under this section, for losses of qualified property owned by such person that result from damage caused by Hurricane Katrina.

   Inserted: (b) Eligible Persons.--A person is eligible for reimbursement under this section if the person is a civilian employee of the Federal Government or member of the uniformed services who--

   Inserted: (1) was assigned to, or employed at or in connection with, a Coast Guard facility located in the State of Louisiana, Mississippi, or Alabama on or before August 28, 2005;

   Inserted: (2) incident to such assignment or employment, owned and occupied property that is qualified property under subsection (e); and

   Inserted: (3) as a result of the effects of Hurricane Katrina, incurred damage to such qualified property such that--

   Inserted: (A) the qualified property is unsalable (as determined by the Secretary); and

   Inserted: (B) the proceeds, if any, of insurance for such damage are less than an amount equal to the greater of--

   Inserted: (i) the fair market value of the qualified property on August 28, 2005 (as determined by the Secretary); or

   Inserted: (ii) the outstanding mortgage, if any, on the qualified property on that date.

   Inserted: (c) Reimbursement Amount.--The amount of the reimbursement that an eligible person may be paid under this section with respect to a qualified property shall be determined as follows:

   Inserted: (1) In the case of qualified property that is a dwelling or condominium unit, the amount shall be--

   Inserted: (A) the amount equal to the greater of--

   Inserted: (i) 85 percent of the fair market value of the dwelling or condominium unit on August 28, 2005 (as determined by the Secretary), or

   Inserted: (ii) the outstanding mortgage, if any, on the dwelling or condominium unit on that date; minus

   Inserted: (B) the proceeds, if any, of insurance referred to in subsection (b)(3)(B).

   Inserted: (2) In the case of qualified property that is a manufactured home, the amount shall be--

   Inserted: (A) if the owner also owns the real property underlying such home, the amount determined under paragraph (1); or

   Inserted: (B) if the owner leases such underlying property--

   Inserted: (i) the amount determined under paragraph (1); plus

   Inserted: (ii) the amount of rent payable under the lease of such property for the period beginning on August 28, 2005, and ending on the date of the reimbursement under this section.

   Inserted: (d) Transfer and Disposal of Property.--

   Inserted: (1) In general.--An owner receiving reimbursement under this section shall transfer to the Secretary all right, title, and interest of the owner in the qualified property for which the owner receives such reimbursement. The Secretary shall hold, manage, and dispose of such qualified property in the same manner that the Secretary of Defense holds, manages, and disposes of real property under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374).

   Inserted: (2) Treatment of proceeds.--Any amounts received by the United States as proceeds of management or disposal of property by the Secretary under this subsection shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities.

   Inserted: (e) Qualified Property.--Property is qualified property for the purposes of this section if as of August 28, 2005, the property was a one- or two-family dwelling, manufactured home, or condominium unit in the State of Louisiana, Mississippi, or Alabama that is owned and occupied, as a principal residence, by a person who is eligible under subsection (b).

   Inserted: (f) Subject to Appropriations.--The authority to pay reimbursement under this section is subject to the availability of appropriations.

   Inserted: SEC. 214. REPORT ON PERSONNEL, ASSETS, AND EXPENSES.

   Inserted: Not later than September 15, 2005, and at least once every month thereafter through January 2006, the Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding the personnel and assets deployed to assist in the response to Hurricane Katrina and the costs incurred as a result of such response that are in addition to funds already appropriated for the Coast Guard for fiscal year 2005.

   Inserted: SEC. 215. LIMITATION ON MOVING ASSETS TO ST. ELIZABETHS HOSPITAL.

   Inserted: The Commandant of the Coast Guard may not move any Coast Guard personnel, property, or other assets to the West Campus of St. Elizabeths Hospital until the Administrator of General Services submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate plans--

   Inserted: (1) to provide road access to the site from Interstate Route 295; and

   Inserted: (2) for the design of facilities for at least one Federal agency other than the Coast Guard that would house no less than 2,000 employees at such location.

   Inserted: Amend section 405 to read as follows:

   Inserted: SEC. 405. REPORT.

   Inserted: (a) In General.--The Commandant of the Coast Guard shall review the adequacy of assets and facilities described in subsection (b) to carry out the Coast Guard's missions, including search and rescue, illegal drug and migrant interdiction, aids to navigation, ports, waterways and coastal security, marine environmental protection, and fisheries law enforcement. Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes the findings of that review and any recommendations to enhance mission capabilities in those areas.

   Inserted: (b) Areas of Review.--The report under subsection (a) shall provide information and recommendations on the following assets:

   Inserted: (1) Coast Guard aircraft, including helicopters, stationed at Air Station Detroit in the State of Michigan.

   Inserted: (2) Coast Guard vessels and aircraft stationed in the Commonwealth of Puerto Rico.

   Inserted: (3) Coast Guard vessels and aircraft stationed in the State of Louisiana along the Lower Mississippi River between the Port of New Orleans and the Red River.

   Inserted: (4) Coast Guard vessels and aircraft stationed in Coast Guard Sector Delaware Bay.

   Inserted: (5) Physical infrastructure at Boat Station Cape May in the State of New Jersey.

   Original wording

   At the end of title II add the following:

3. 3

   Change 3: Inserts “of 1990” after “Oil Pollution Act”

   InsertsSection 412

   In H.R. 889 · Reported in House

   SEC. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

   (a) Study.--Of the amounts provided under section 1012 of the Oil Pollution Act[inserted: of 1990], the Coast Guard shall conduct a study of public health and safety concerns related to the pollution of Newtown Creek, New York City, New York, caused by seepage of oil into Newtown Creek from 17,000,000 gallons of underground oil spills in Greenpoint, Brooklyn, New York.

   (b) Report.--Not later than 1 year after the date of enactment of this Act, the Coast Guard shall transmit to Congress a report containing the results of the study. Union Calendar No. 124

   Original wording

   In section 412 insert “of 1990” after “Oil Pollution Act”.

4. 4

   Change 4: Adds SEC. 413. DETERMINATION OF THE SECRETARY at the end of title IV

   Adds a section

   In H.R. 889 · Reported in House

   (b) Report.--Not later than 1 year after the date of enactment of this Act, the Coast Guard shall transmit to Congress a report containing the results of the study. Union Calendar No. 124

   Inserted: SEC. 413. DETERMINATION OF THE SECRETARY.

   Inserted: Section 70105(c) of title 46, United States Code, is amended--

   Inserted: (1) in paragraph (3) by inserting before the period "before an administrative law judge"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(5) In making a determination under paragraph (1)(D), the Secretary shall not consider a felony conviction that occurred more than 7 years prior to the date of the Secretary's determination.".

   Inserted: SEC. 414. REPORT ON TECHNOLOGIES.

   Inserted: Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes an assessment of--

   Inserted: (1) the availability and effectiveness of technologies that evaluate and identify inbound vessels and their cargo for potential threats before they reach United States ports, including technologies already tested or in testing at joint operating centers; and

   Inserted: (2) the costs associated with implementing such technology at all United States ports.

   Inserted: SEC. 415. MOVEMENT OF ANCHORS.

   Inserted: Section 12105 of title 46, United States Code, is amended by adding at the end the following:

   Inserted: "(c) Only a vessel for which a certificate of documentation with a registry endorsement is issued may be employed in the setting or moving of the anchors or other mooring equipment of a mobile offshore drilling unit that is located above or on the outer Continental Shelf of the United States (as that term is defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).".

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   Inserted: SEC. 416. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE ALEUTIAN TRADE.

   Inserted: (a) General Inspection Exemption.--Section 3302(c)(2) of title 46, United States Code, is amended to read as follows:

   Inserted: "(2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title:

   Inserted: "(A) A vessel of not more than 500 gross tons as measured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.

   Inserted: "(B) A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as measured under section 14302 of this title.".

   Inserted: (b) Other Inspection Exemption and Watch Requirement.--Paragraphs (3)(B) and (4) of section 3302(c) of that title and section 8104 (o) of that title are each amended by striking "or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" and inserting "or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title".

   Inserted: SEC. 417. ASSESSMENT AND PLANNING.

   Inserted: There is authorized to be appropriated to the Coast Guard $400,000 to carry out an assessment of and planning for the impact of an Arctic Sea Route on the indigenous people of Alaska.

   Inserted: SEC. 418. HOMEPORT.

   Inserted: Subject to the availability of appropriations, the Commandant of the Coast Guard shall homeport the Coast Guard cutter HEALY in Anchorage, Alaska.

   Inserted: SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE OBSTRUCTIONS TO NAVIGATION.

   Inserted: In any case in which a person requests the Secretary of the Army to take action to permit a wind energy facility under the authority of section 10 of the Act of March 3, 1899 (33 U.S.C. 403), the Commandant of the Coast Guard shall provide an opinion in writing that states whether the proposed facility would create an obstruction to navigation.

   Inserted: SEC. 420. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

   Inserted: (a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration of a license or certificate of registry issued for an individual under chapter 71 of that title for up to one year, if--

   Inserted: (1) the records of the individual are located at the Coast Guard facility in New Orleans that was damaged by Hurricane Katrina; or

   Inserted: (2) the individual is a resident of Alabama, Mississippi, or Louisiana.

   Inserted: (b) Merchant Mariners' Documents.--Notwithstanding section 7302(g) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration of a merchant mariners' document issued for an individual under chapter 73 of that title for up to one year, if--

   Inserted: (1) the records of the individual are located at the Coast Guard facility in New Orleans that was damaged by Hurricane Katrina; or

   Inserted: (2) the individual is a resident of Alabama, Mississippi, or Louisiana.

   Inserted: (c) Manner of Extension.--Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen.

   Inserted: (d) Expiration of Authority.--The authorities provided under this section expire on December 31, 2006.

   Inserted: SEC. 421. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL CERTIFICATES OF INSPECTION.

   Inserted: (a) Authority to Extend.--Notwithstanding section 3307 and 3711(b) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration or the validity of a certificate of inspection or a certificate of compliance issued under chapter 33 or 37, respectively, of title 46, United States Code, for up to 6 months for a vessel inspected by a Coast Guard Marine Safety Office located in Alabama, Mississippi, or Louisiana.

   Inserted: (b) Expiration of Authority.--The authority provided under this section expires on December 31, 2006.

   Inserted: SEC. 422. TEMPORARY CENTER FOR PROCESSING OF FOR LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

   Inserted: (a) In General.--Not later than October 15, 2005, the Commandant of the Coast Guard shall establish a temporary facility in Baton Rouge, Louisiana, that is sufficient to process applications for new licenses, certificate of registries, and merchant mariners' documents under chapters 71 or 73 of title 46, United States Code. This requirement expires on December 31, 2006.

   Inserted: (b) Termination of Requirement.--The Commandant is not required to maintain such facility after December 31, 2006.

   Inserted: SEC. 423. DETERMINATION OF NAVIGATIONAL IMPACT.

   Inserted: In any case in which a person requests the Secretary of the Army to take action under the authority of section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403), the Commandant of the Coast Guard shall provide to the Secretary an opinion in writing that states whether the proposed structure or activity would create an obstruction to navigation.

   Inserted: SEC. 424. PORT RICHMOND.

   Inserted: The Secretary of the department in which the Coast Guard is operating acting through the Commandant of the Coast Guard may not approve the security plan under section 70103(c) of title 46, United States Code, for a liquefied natural gas import facility at Port Richmond in Philadelphia, Pennsylvania, until the Secretary conducts a vulnerability assessment under section 70102(b) of such title.

   Original wording

   At the end of title IV add the following:

5. 5

   Change 5: Adds TITLE V--LIGHTHOUSES at the end of the bill

   Adds a title

   In H.R. 889 · Reported in House

   (b) Report.--Not later than 1 year after the date of enactment of this Act, the Coast Guard shall transmit to Congress a report containing the results of the study. Union Calendar No. 124

   Inserted: TITLE V--LIGHTHOUSES

   Inserted: SEC. 501. TRANSFER.

   Inserted: (a) Jurisdictional Transfers.--Administrative jurisdiction over the following National Forest System lands in the State of Alaska upon which are located any of the Coast Guard facilities described in subsection (b), and over improvements situated on such lands, is hereby transferred, without requirement for consideration, from the Secretary of Agriculture to the Secretary of the department in which the Coast Guard is operating.

   Inserted: (b) Facilities Described.--The facilities described in subsection (a) are the following:

   Inserted: (1) Guard island light station.--That area described in the Guard Island Lighthouse reserve dated January 4, 1901, comprising approximately 8.0 acres of National Forest uplands.

   Inserted: (2) Eldred rock light station.--That area described in the December 30, 1975, listing on the National Register of Historic Places, comprising approximately 2.4 acres.

   Inserted: (3) Mary island light station.--That area described as the remaining National Forest System uplands within the Mary Island Lighthouse Reserve dated January 4, 1901, as amended by Public Land Order 6964, dated April 5, 1993, comprising approximately 1.07 acres.

   Inserted: (4) Cape hinchinbrook light station.--That area described in the November 1, 1957, survey prepared for the Coast Guard, comprising approximately 57.4 acres.

   Inserted: (c) Maps.--

   Inserted: (1) Requirement to prepare.--The Commandant of the Coast Guard, in consultation with the Secretary of Agriculture, shall prepare and maintain maps of the lands transferred by subsection (a), and such maps shall be on file and available for public inspection in the Coast Guard District 17 office in Juneau, Alaska.

   Inserted: (2) Corrections and modifications.--In preparing such maps, the Commandant of the Coast Guard, with the approval of the Secretary of Agriculture, may make corrections and minor modifications to the lands described or depicted to facilitate Federal land management. Such maps, as so corrected or modified, shall have the same effect as if enacted in this section.

   Inserted: (d) Effect of Transfer.--The lands transferred to the Secretary of the department in which the Coast Guard is operating under subsection (a)--

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   Inserted: (1) shall be administered by the Commandant of the Coast Guard;

   Inserted: (2) shall be deemed transferred from and no longer part of the National Forest System; and

   Inserted: (3) shall be considered not suitable for return to the public domain for disposition under the general public land laws.

   Inserted: (e) Transfer of Land.--

   Inserted: (1) Requirement.--Subject to paragraph (2), the Administrator of General Services, upon request by the Secretary of Agriculture, shall transfer to the Secretary of Agriculture, without consideration, any land identified in subsection (b), together with the improvements thereon, for administration under the laws pertaining to the National Forest System, if--

   Inserted: (A) the Secretary of the Interior cannot identify and select an eligible entity in accordance with section 308(b)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(b)(2)) within 3 years after the date the Secretary of the department in which the Coast Guard is operating determines that the land is excess property, as that term is defined in section 102(3) of title 40, United States Code; or

   Inserted: (B) the land reverts to the United States pursuant to section 308(c)(3) of the National Historic Preservation Act (16 U.S.C. 470w-7(c)(3)).

   Inserted: (2) Reservations for aids to navigation.--Any action taken under this subsection by the Administrator of General Services shall be subject to any rights that may be reserved by the Commandant of the Coast Guard for the operation and maintenance of Federal aids to navigation.

   Inserted: (f) Notification; Disposal of Lands by the Administrator.--The Administrator of General Services shall promptly notify the Secretary of Agriculture upon the occurrence of any of the events described in subparagraphs (A) and (B) of subsection (e)(1). If the Secretary of Agriculture does not request a transfer as provided for in subsection (e) within 90 days after receiving such notification from the Administrator, the Administrator may dispose of the property in accordance with section 309 of the National Historic Preservation Act (16 U.S.C. 470w-8) or other applicable surplus real property disposal authority.

   Inserted: (g) Priority.--In selecting an eligible entity to which to convey, under section 308(b) of the National Historic Preservation Act (16 U.S.C. 470w-7(b)), land referred to in subsection (b), the Secretary of the Interior shall give priority to any eligible entity, as defined in section 308(e) of that Act (16 U.S.C. 470w-7(e)) that is the local government of the community in which the land is located.

   Inserted: SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.

   Inserted: (a) Requirement to Transfer.--Notwithstanding section 308(b) of the National Historic Preservation Act (16 U.S.C. 470w-7(b)), if the Secretary of the department in which the Coast Guard is operating determines that the Tree Point Light Station is no longer needed for the purposes of the Coast Guard, the Secretary shall transfer to the Secretary of Agriculture all administrative jurisdiction over the Tree Point Light Station, without consideration.

   Inserted: (b) Effectuation of Transfer.--A transfer under this subsection shall be effectuated by a letter from the Secretary of the department in which the Coast Guard is operating to the Secretary of Agriculture and, except as provided in subsection (g), without any further requirements for administrative or environmental analyses or examination. Such transfer shall not be considered a conveyance to an eligible entity pursuant to section 308(b) of the National Historic Preservation Act (16 U.S.C. 470w-7(b)).

   Inserted: (c) Reservation for Aids to Navigation.--As part of any transfer pursuant to this subsection, the Commandant of the Coast Guard may reserve rights to operate and maintain Federal aids to navigation at the site.

   Inserted: (d) Easements and Special Use Authorizations.--Notwithstanding any other provision of law, including the Wilderness Act (16 U.S.C. 1131), and section 703 of the Alaska National Interests Lands Conservation Act (94 Stat. 2418; 16 U.S.C. 1132 note), with respect to the property transferred under this subsection, the Secretary of Agriculture--

   Inserted: (1) may identify an eligible entity to be granted an easement or other special use authorization and, in doing so, the Secretary of Agriculture may consult with the Secretary of the Interior concerning the application of policies for eligible entities developed pursuant to subsection 308(b)(1) of the National Historic Preservation Act (16 U.S.C. 470w-7(b)(1)); and

   Inserted: (2) may grant an easement or other special use authorization to an eligible entity, for no consideration, to approximately 31 acres as described in the map entitled "Tree Point Light Station," dated September 24, 2004, on terms and conditions that provide for--

   Inserted: (A) maintenance and preservation of the structures and improvements;

   Inserted: (B) the protection of wilderness and National Monument resources;

   Inserted: (C) public safety; and

   Inserted: (D) such other terms and conditions deemed appropriate by the Secretary of Agriculture.

   Inserted: (e) Actions Following Termination or Revocation.--In the event that no eligible entity is identified within 3 years after administrative jurisdiction is transferred to the Secretary of Agriculture pursuant to this subsection, or the easement or other special use authorization granted pursuant to subsection (d) is terminated or revoked, the Secretary of Agriculture may take such actions as are authorized by subsection 110(b) of the National Historic Preservation Act (16 U.S.C. 470h-2(b)).

   Inserted: (f) Revocation of Withdrawals and Reservations.--Effective on the date of transfer of lands as provided in this subsection, the following public land withdrawals or reservations for light station and lighthouse purposes on lands in Alaska are revoked as to the lands transferred:

   Inserted: (1) The unnumbered Executive order dated January 4, 1901, as it affects the Tree Point Light Station site only.

   Inserted: (2) Executive Order 4410 dated April 1, 1926, as it affects the Tree Point Light Station site only.

   Inserted: (g) Remediation Responsibilities not Affected.--Nothing in this section shall affect any responsibilities of the Commandant of the Coast Guard for the remediation of hazardous substances and petroleum contamination at the Tree Point Light Station consistent with existing law and regulations. The Commandant and the Secretary shall execute an agreement to provide for the remediation of the land and structures at the Tree Point Light Station.

   Inserted: SEC. 503. CAPE ST. ELIAS LIGHT STATION.

   Inserted: For purposes of section 416(a)(2) of Public Law 105-383, the Cape St. Elias Light Station shall comprise approximately 10 acres in fee, along with additional access easements issued without consideration by the Secretary of Agriculture, as generally described in the map entitled "Cape St. Elias Light Station," dated September 14, 2004. The Secretary of the department in which the Coast Guard is operating shall keep such map on file and available for public inspection.

   Inserted: SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. MARKS NATIONAL WILDLIFE REFUGE, FLORIDA.

   Inserted: (a) Revocation of Executive Order Dated November 12, 1838.--Any reservation of public land described in subsection (b) for lighthouse purposes by the Executive Order dated November 12, 1838, as amended by Public Land Order 5655, dated January 9, 1979, is revoked.

   Inserted: (b) Description of Land.--The public land referred to in subsection (a) consists of approximately 8.0 acres within the external boundaries of St. Marks National Wildlife Refuge in Wakulla County, Florida, that is east of the Tallahassee Meridian, Florida, in Township 5 South, Range 1 East, Section 1 (fractional) and containing all that remaining portion of the unsurveyed fractional section, more particularly described as follows: A parcel of land, including submerged areas, beginning at a point which marks the center of the light structure, thence due North (magnetic) a distance of 350 feet to the point of beginning a strip of land 500 feet in width, the axial centerline of which runs from the point of beginning due South (magnetic) a distance of 700 feet, more or less, to the shoreline of Apalachee Bay, comprising 8.0 acres, more or less, as shown on plat dated January 2, 1902, by Office of L. H. Engineers, 7th and 8th District, Mobile, Alabama.

   Inserted: (c) Transfer of Administrative Jurisdiction.--Subject to subsection (f), administrative jurisdiction over the public land described in subsection (b), and over all improvements, structures, and fixtures located thereon, is transferred from the department in which the Coast Guard is operating to the Secretary of the Interior, without reimbursement.

   Inserted: (d) Responsibility for Environmental Response Actions.--The Coast Guard shall have sole responsibility in the Federal Government to fund and conduct any response action required under any applicable Federal or State law or implementing regulation to address--

   Inserted: (1) a release or threatened release on public land referred to in subsection (b) of any hazardous substance, pollutant, contaminant, petroleum, or petroleum product or derivative that is located on such land on the date of the enactment of this Act; or

   Inserted: (2) any other release or threatened release on public land referred to in subsection (b) of any hazardous substance, pollutant, contaminant, petroleum, or petroleum product or derivative, that results from any Coast Guard activity occurring after the date of the enactment of this Act.

   Inserted: (e) Inclusion in Refuge.--

   Inserted: (1) Inclusion.--The public land described in subsection (b) shall be part of St. Marks National Wildlife Refuge.

   Inserted: (2) Administration.--Subject to this subsection, the Secretary of the Interior shall administer the public land described in subsection (b)-- (A) through the Director of the United States Fish and Wildlife Service; and

   Inserted: (B) in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and such other laws as apply to Federal real property under the sole jurisdiction of the United States Fish and Wildlife Service.

   Inserted: (f) Maintenance of Navigation Functions.--The transfer under subsection (c), and the administration of the public land described in subsection (b), shall be subject to such conditions and restrictions as the Secretary of the department in which the Coast Guard is operating considers necessary to ensure that--

   Inserted: (1) the Federal aids to navigation located at St. Marks National Wildlife Refuge continue to be operated and maintained by the Coast Guard for as long as they are needed for navigational purposes;

   Inserted: (2) the Coast Guard may remove, replace, or install any Federal aid to navigation at the St. Marks National Wildlife Refuge as may be necessary for navigational purposes;

   Inserted: (3) the United States Fish and Wildlife Service will not interfere or allow interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and maintenance of any Federal aid to navigation, without express written approval by the Secretary of the department in which the Coast Guard is operating; and

   Inserted: (4) the Coast Guard may, at any time, enter the St. Marks National Wildlife Refuge, without notice, for purposes of operating, maintaining, and inspecting any Federal aid to navigation and ensuring compliance with this subsection, to the extent that it is not possible to provide advance notice.

   Inserted: TITLE VI--RESPONSE

   Inserted: SEC. 601. SHORT TITLE.

   Inserted: This title may be cited as the "Delaware River Protection Act of 2005".

   Inserted: SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES.

   Inserted: The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES.

   Inserted: "(a) Requirement.--As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.

   Inserted: "(b) Restriction on Use of Notification.--Any notification provided by an individual in accordance with subsection (a) shall not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.".

   Inserted: SEC. 603. LIMITS ON LIABILITY.

   Inserted: (a) Adjustment of Liability Limits.--

   Inserted: (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended--

   Inserted: (A) by redesignating subparagraph (B) as subparagraph (C);

   Inserted: (B) by striking subparagraph (A) and inserting the following:

   Inserted: "(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only--

   Inserted: "(i) $1,550 per gross ton for an incident that occurs in 2005;

   Inserted: "(ii) $1,900 per gross ton for an incident that occurs in 2006; or

   Inserted: "(iii) $2,250 per gross ton for an incident that occurs in 2007 or in any year thereafter; or

   Inserted: "(B) with respect to a double-hull vessel (other than any vessel referred to in subparagraph (A))--

   Inserted: "(i) $1,350 per gross ton for an incident that occurs in 2005;

   Inserted: "(ii) $1,500 per gross ton for an incident that occurs in 2006; and

   Inserted: "(iii) $1,700 per gross ton for any incident that occurs in 2007 or in any year thereafter; or"; and

   Inserted: (C) in subparagraph (C), as redesignated by subparagraph (A) of this paragraph--

   Inserted: (i) in clause (i) by striking "$10,000,000" and inserting "$14,000,000"; and

   Inserted: (ii) in clause (ii) by striking "$2,000,000" and inserting "$2,500,000".

   Inserted: (2) Limitation on application.--In the case of an incident occurring before the date of the enactment of this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before the effective date of this subsection.

   Inserted: (b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to read as follows:

   Inserted: "(4) Adjustment to reflect consumer price index.--The President shall, by regulations issued no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005 and no less than every 3 years thereafter, adjust the limits on liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.".

   Inserted: SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN.

   Inserted: The Philadelphia Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 months after the date of the enactment of this Act and not less than annually thereafter, review and revise the Philadelphia Area Contingency Plan to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by Federal and State surveys.

   Inserted: SEC. 605. SUBMERGED OIL REMOVAL.

   Inserted: (a) Amendments.--Title VII of the Oil Pollution Act of 1990 is amended--

   Inserted: (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by striking "RIVERA," and inserting "RIVERA and the T/V ATHOS I;"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "SEC. 7002. SUBMERGED OIL PROGRAM.

   Inserted: "(a) Program.--

   Inserted: "(1) Establishment.--The Undersecretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil. Such program shall include the following elements:

   Inserted: "(A) The development of methods to remove, disperse or otherwise diminish the persistence of submerged oil.

   Inserted: "(B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.

   Inserted: "(C) The development of techniques to detect and monitor submerged oil.

   Inserted: "(2) Report.--The Secretary of Commerce shall, no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection.

   Inserted: "(3) Funding.--There is authorized to be appropriated to the Secretary of Commerce $1,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.

   Inserted: "(b) Demonstration Project.--

   Inserted: "(1) Removal of submerged oil.--The Commandant of the Coast Guard, in conjunction with the Undersecretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.

   Inserted: "(2) Funding.--There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.".

   Inserted: (b) Clerical Amendment.--The table of sections in section 2 of such Act is amended by inserting after the item relating to section 7001 the following:

   Inserted: "Sec. 7002. Submerged oil program.".

   Inserted: SEC. 606. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.

   Inserted: (a) Establishment.--There is established the Delaware River and Bay Oil Spill Advisory Committee (in this section referred to as the "Committee").

   Inserted: (b) Functions.--

   Inserted: (1) In general.--The Committee shall, by not later than 1 year after the date the Commandant of the Coast Guard (in this section referred to as the "Commandant") completes appointment of the members of the Committee, make recommendations to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay.

   Inserted: (2) Meetings.--The Committee--

   Inserted: (A) shall hold its first meeting not later than 60 days after the completion of the appointment of the members of the Committee; and

   Inserted: (B) shall meet thereafter at the call of the Chairman.

   Inserted: (c) Membership.--The Committee shall consist of 15 members who have particular expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels in the Delaware River and Delaware Bay, as follows:

   Inserted: (1) Three members who are employed by port authorities that oversee operations on the Delaware River or have been selected to represent these entities, of whom--

   Inserted: (A) one member must be an employee or representative of the Port of Wilmington;

   Inserted: (B) one member must be an employee or representative of the South Jersey Port Corporation; and

   Inserted: (C) one member must be an employee or representative of the Philadelphia Regional Port Authority.

   Inserted: (2) Two members who represent organizations that operate tugs or barges that utilize the port facilities on the Delaware River and Delaware Bay.

   Inserted: (3) Two members who represent shipping companies that transport cargo by vessel from ports on the Delaware River and Delaware Bay.

   Inserted: (4) Two members who represent operators of oil refineries on the Delaware River and Delaware Bay.

   Inserted: (5) Two members who represent environmental and conservation interests.

   Inserted: (6) Two members who represent State-licensed pilots who work on the Delaware River and Delaware Bay.

   Inserted: (7) One member who represents labor organizations that load and unload cargo at ports on the Delaware River and Delaware Bay.

   Inserted: (8) One member who represents the general public.

   Inserted: (d) Appointment of Members.--The Commandant shall appoint the members of the Committee, after soliciting nominations by notice published in the Federal Register.

   Inserted: (e) Chairman and Vice Chairman.--The Committee shall elect, by majority vote at its first meeting, one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence of or incapacity of the Chairman, or in the event of vacancy in the Office of the Chairman.

   Inserted: (f) Pay and Expenses.--

   Inserted: (1) Prohibition on pay.--Members of the Committee who are not officers or employees of the United States shall serve without pay. Members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee.

   Inserted: (2) Expenses.--While away from their homes or regular places of business, members of the Committee may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.

   Inserted: (g) Termination.--The Committee shall terminate one year after the completion of the appointment of the members of the Committee.

   Inserted: SEC. 607. MARITIME FIRE AND SAFETY ACTIVITIES.

   Inserted: The Maritime Transportation Security Act of 2002 (Public Law 107-295) is amended--

   Inserted: (1) in section 407--

   Inserted: (A) in the heading by striking "LOWER COLUMBIA RIVER"; and

   Inserted: (B) by striking "$987,400" and inserting "$1,500,000"; and

   Inserted: (2) in the table of contents in section 1(b) by striking the item relating to section 407 and inserting the following:

   Inserted: "Sec. 407. Maritime fire and safety activities.".

   Original wording

   At the end of the bill add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed