Page:United States Statutes at Large Volume 111 Part 2.djvu/996

 Ill STAT. 2076 PUBLIC LAW 105-85—NOV. 18, 1997 46 USC app. 1187a. (46 U.S.C. 1187a(c)) is amended by adding at the end the following: "The restrictions of section 901(b)(1) of this Act concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of that vessel is receiving payments under an operating agreement under this subtitle.". SEC. 3604. AUTHOMTY TO UTILIZE REPLACEMENT VESSELS AND CAPACITY. Section 653(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187b(d)(l)) is amended to read as follows: "(1) a contractor or other person that commits to make available a vessel or vessel capacity under the Emergency Preparedness Program or another primary sealift readiness program approved by the Secretary of Defense may, during the activation of that vessel or capacity under that program, operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity as a temporary replacement for the activated vessel or capacity; and". SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL. (a) AUTHORITY TO CONVEY.— The Secretary of Transportation may convey all right, title, and interest of the Federal Government in and to the vessel GOLDEN BEAR (United States official number 239932) to the Artship Foundation, located in Oakland, California (in this section referred to as the "recipient"), for use as a multicultural center for the arts. (b) TERMS OF CONVEYANCE.— (1) DELIVERY OF VESSEL.—In carrying out subsection (a), the Secretary shall deliver the vessel— (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; and (C) at no cost to the Federal Government. (2) REQUIRED CONDITIONS.—The Secretary may not convey a vessel under this section unless— (A) the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous material, including asbestos and polychlorinated biphenyls, after conveyance of the vessel, except for claims arising before the date of the conveyance or from use of the vessel by the Government after that date; and (B) the recipient has available, for use to restore the vessel, in the form of cash, liquid assets, or a written loan commitment, financial resources of at least $100,000. (3) ADDITIONAL TERMS. — The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) OTHER UNNEEDED EQUIPMENT. —The Secretary may convey to the recipient of the vessel conveyed under this section any unneeded equipment from other vessels in the National Defense Reserve Fleet, for use to restore the vessel conveyed under this section to museum quality.

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