Page:United States Statutes at Large Volume 120.djvu/1680

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1649

vessels, as declared by the Saint Lawrence Seaway Development Corporation. ‘‘§ 55332. Designating American Great Lakes vessels ‘‘(a) DESIGNATIONS.—The Secretary of Transportation shall designate a vessel as an American Great Lakes vessel if— ‘‘(1) an application for designation is submitted to the Secretary under regulations prescribed by the Secretary; ‘‘(2) the vessel is documented under the laws of the United States; ‘‘(3) the vessel, on the effective date of the designation, is— ‘‘(A) at least 1, but not more than 6, years old; or ‘‘(B) at least 1, but not more than 11, years old if the Secretary finds that suitable vessels are not available to provide the type of service for which the vessel will be used after the designation; ‘‘(4) the vessel has not previously been designated as an American Great Lakes vessel; and ‘‘(5) the owner makes an agreement as provided under subsection (b). ‘‘(b) AGREEMENTS.—A vessel may be designated as an American Great Lakes vessel only if the person that will be the owner of the vessel at the time of the designation makes an agreement with the Secretary providing that if the Secretary determines that the vessel is necessary to the defense of the United States, the United States Government will have an exclusive right, during the 120-day period following the date of a revocation of the designation under section 55335 of this title, to purchase the vessel for a price equal to the greater of— ‘‘(1) the approximate world market value of the vessel; or ‘‘(2) the cost of the vessel to the owner less a reasonable amount for depreciation. ‘‘(c) CERTAIN FOREIGN DOCUMENTATION AND SALE NOT PROHIBITED.—Notwithstanding any other law, if the Government does not exercise its right of purchase under an agreement under subsection (b), the owner of the vessel is not prohibited from— ‘‘(1) documenting the vessel under the laws of a foreign country; or ‘‘(2) selling the vessel to a person not a citizen of the United States. ‘‘(d) REGULATIONS.—The Secretary shall prescribe regulations establishing requirements for submitting applications under this section. ‘‘§ 55333. Exemption from restriction on transporting certain cargo ‘‘The 3-year documentation requirement of section 55305(a) of this title does not apply to a vessel designated as an American Great Lakes vessel during the period of its designation. ‘‘§ 55334. Restrictions on operations ‘‘(a) PROHIBITIONS.—Except as provided in subsection (b), an American Great Lakes vessel may not be used to— ‘‘(1) engage in trade—

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