54 U.S.C. § 308704 — Funding
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 715 words · no verdicts yet
Money credited to the Vessel Operations Revolving Fund from certain obsolete-vessel sales is divided among the Maritime Administration, maritime academies, and the Program, subject to listed percentages and exceptions. The section also sets Program allocations, administrative-cost limits, vessel-disposal duties, and excludes these amounts from Interior Department availability calculations.
(a) Availability of Funds From Sale and Scrapping of Obsolete Vessels. (1) In general. Despite any other law, money credited in a fiscal year to the Vessel Operations Revolving Fund under section 50301(a) of title 46 from selling obsolete National Defense Reserve Fleet vessels scrapped or sold under sections 57102, 57103, or 57104 of title 46 remains available until spent as follows: (A) 50 percent is available to the Maritime Administration Administrator for federally authorized acquisition, maintenance, repair, reconditioning, or improvement of Reserve Fleet vessels. (B) 25 percent is available to that Administrator to pay or reimburse State maritime academies or the United States Merchant Marine Academy for facility and training-ship maintenance, repair, and modernization, and for simulators and fuel. (C) The remainder is available to the Secretary* for the Program* under subsection (b). (2) Applicability. Paragraph (1) does not apply to amounts credited before July 1, 1994.
(b) Use of Amounts for Program. (1) Allocation. (A) Unless subparagraph (B) or paragraph (2) applies, each fiscal year’s Program money under subsection (a)(1)(C) is divided equally: (i) 50 percent for grants under section 308703(b); and (ii) 50 percent for grants under section 308703(c). (B) Set aside. (i) At least 25 percent of that yearly Program money must preserve and present to the public the Maritime Administration’s maritime heritage property. (ii) The Secretary may provide that money by direct transfers to the Maritime Administration. (iii) The Maritime Administrator may waive clause (i) for a fiscal year. (2) Administrative expenses. (A) No more than 15 percent or $500,000, whichever is less, of that fiscal year’s Program money may pay administration expenses. (B) Half of the allowed amount goes to the National Trust* for administering section 308703(b) grants, and half goes as the Secretary considers appropriate to the Service* and participating State Historic Preservation Officers.
(c) Disposal of Vessels. (1) Requirement. The Secretary of Transportation must sell, or buy disposal services for, all vessels in paragraph (2). The Secretary must (A) follow a priority system* that includes requirements that the Maritime Administration (i) dispose of all deteriorated high-priority ships available for disposal within 12 months after designation, and (ii) give priority to vessels posing the greatest environmental danger or costing the most to maintain; (B) use the method giving the Federal Government the best value, unless getting that value would require towing that poses a serious environmental threat; and (C) follow the Department of Transportation disposal plan and sections 57102 through 57104 of title 46. (2) Description of vessels. These are Reserve Fleet vessels after July 1, 1994 that (A) are not assigned to the Fleet’s Ready Reserve Force component and (B) are not specifically authorized or required by statute for a particular use.
(d) Treatment of Available Amounts. Amounts available under this section are not counted in determining money available to the Department of the Interior.
Notwithstanding any other provision of law, the amount of funds credited in a fiscal year to the Vessel Operations Revolving Fund established by section 50301(a) of title 46 that is attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that are scrapped or sold under section 57102, 57103, or 57104 of title 46 shall be available until expended as follows:
Fifty 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.
Twenty five 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.
The remainder shall be available to the Secretary* to carry out the Program*, as provided in subsection (b).
Paragraph (1) does not apply to amounts credited to the Vessel Operations Revolving Fund before July 1, 1994.
Except as provided in subparagraph (B) and paragraph (2), of the amounts available each fiscal year for the Program under subsection (a)(1)(C)—
50 percent shall be used for grants under section 308703(b); and
50 percent shall be used for grants under section 308703(c).
Not less than 25 percent of the amounts available each fiscal year for the Program under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration.
The Secretary may provide amounts used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration through direct transfers to the Maritime Administration.
The Maritime Administrator may waive the application of clause (i) for any fiscal year.
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.
Of the amount available under subparagraph (A) for a fiscal year—
one half shall be allocated to the National Trust* for expenses incurred in administering grants under section 308703(b) of this title; and
one half shall be allocated as appropriate by the Secretary to the Service* and participating State Historic Preservation Officers.
The Secretary of Transportation shall dispose (by sale or by purchase of disposal services) of all vessels described in paragraph (2)—
in accordance with a priority system* for disposing of vessels, as determined by the Secretary, that shall include provisions requiring the Maritime Administration to—
dispose of all deteriorated high priority ships that are available for disposal within 12 months of their designation as available for disposal; and
give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain;
in the manner that provides the best value to the Federal Government, except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment; and
in accordance with the plan of the Department of Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46.
The vessels referred to in paragraph (1) are the vessels in the National Defense Reserve Fleet after July 1, 1994, that—
are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and
are not specifically authorized or required by statute to be used for a particular purpose.
Amounts available under this section shall not be considered in any determination of the amounts available to the Department of the Interior.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3241; Pub. L. 114–328, div. C, title XXXV, § 3507(a), Dec. 23, 2016, 130 Stat. 2777.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3241
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2777
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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