46 U.S.C. § 51102 — Definitions

Page 346 TITLE 46—SHIPPING § 51101 ble requirements of that categorical exclusion have been met that are in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any other applicable law. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or pub- lish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law. (Added Pub. L. 118–159, div. C, title XXXV, § 3511(b)(1), Dec. 23, 2024, 138 Stat. 2306.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Statutory Notes and Related Subsidiaries ESTABLISHING APPLICABLE CATEGORICAL EXCLUSIONS Pub. L. 118–159, div. C, title XXXV, § 3511(c), Dec. 23, 2024, 138 Stat. 2306, provided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section [Dec. 23, 2024], the Mari- time Administrator shall issue a notice in the Federal Register including the categorical exclusions in use as of the date of enactment of this section by the Mari- time Administration for actions or projects the Mari- time Administration oversees. The Maritime Adminis- trator may subsequently update such categorical exclu- sions. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Adminis- tration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law. ‘‘(2) SURVEY AND PROPOSED RULEMAKING.—Not later than 1 year after the date of enactment of this section, the Maritime Administrator shall— ‘‘(A) survey the use of categorical exclusions by the Maritime Administration with respect to projects initiated during or after 2015; ‘‘(B) publish on a public website the results of that survey, which shall include a description of the types of actions categorically excluded and any additional categorical exclusions that were legally available to the Maritime Administrator from other operating ad- ministrations and the Department of the Army but were or were not adopted; and ‘‘(C) publish a notice of proposed rulemaking to propose new Maritime Administration categorical ex- clusions for projects and a process by which the Mari- time Administration will update the list of categor- ical exclusions to reflect lessons learned in grant ad- ministration and project construction. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) CATEGORICAL EXCLUSIONS.—The term ‘categor- ical exclusion’ has the meaning given the term in sec- tion 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). ‘‘(B) PROJECT.—The term ‘project’ means an eligible project as described in section 54301(a)(3) of title 46, United States Code.’’ PART B—MERCHANT MARINE SERVICE CHAPTER 511—GENERAL Sec. 51101. Policy. Sec. 51102. Definitions. 51103. General authority of Secretary of Transpor- tation. 51104. General authority of Secretary of the Navy. § 51101. Policy It is the policy of the United States that mer- chant marine vessels of the United States should be operated by highly trained and effi- cient citizens of the United States and that the United States Navy and the merchant marine of the United States should work closely together to promote the maximum integration of the total seapower forces of the United States. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51101 .......... 46 App.:1126–1(a) (1st sentence). Pub. L. 94–361, title VI, § 603(a) (1st sentence), July 14, 1976, 90 Stat. 929. 46 App.:1295 (1st sen- tence). June 29, 1936, ch. 858, title XIII, § 1301 (1st sentence), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997. § 51102. Definitions In this part: (1) ACADEMY.—The term ‘‘Academy’’ means the United States Merchant Marine Academy located at Kings Point, New York, and main- tained under chapter 513 of this title. (2) COST OF EDUCATION PROVIDED.—The term ‘‘cost of education provided’’ means the finan- cial costs incurred by the United States Gov- ernment for providing training or financial as- sistance to students at the Academy and the State maritime academies, including direct fi- nancial assistance, room, board, classroom academics, and other training activities. (3) MERCHANT MARINE OFFICER.—The term ‘‘merchant marine officer’’ means an indi- vidual issued a license by the Coast Guard au- thorizing service as— (A) a master, mate, or pilot on a docu- mented vessel that— (i) is of at least 1,000 gross tons as meas- ured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title; and (ii) operates on the oceans or the Great Lakes; or (B) an engineer officer on a documented vessel propelled by machinery of at least 4,000 horsepower. (4) STATE MARITIME ACADEMY.—The term ‘‘State maritime academy’’ means— (A) a State maritime academy or college sponsored by a State and assisted under chapter 515 of this title; and (B) a regional maritime academy or col- lege sponsored by a group of States and as- sisted under chapter 515 of this title. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.) Page 347 TITLE 46—SHIPPING § 51103 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51102 .......... 46 App.:1295a. June 29, 1936, ch. 858, title XIII, § 1302, as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, § 12(143), Aug. 6, 1981, 95 Stat. 166; Pub. L. 104–324, title VII, § 708, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–136, title XXXV, § 3515(a), Nov. 24, 2003, 117 Stat. 1792. The definition of ‘‘Secretary’’ is omitted as unneces- sary because the full title is used the first time the term appears in each section. In the definition of ‘‘merchant marine office’’, the words ‘‘documented vessel’’ are substituted for ‘‘vessel . . . which is documented under the laws of the United States’’ because of the definition of ‘‘documented ves- sel’’ in 46 U.S.C. 2101, which is being moved to chapter 1 of the revised title. In the definition of ‘‘State maritime academy’’, the words ‘‘or territory of the United States’’ and ‘‘or terri- tories of the United States’’ are omitted as unnecessary because of the definition of ‘‘State’’ in chapter 1 of the revised title. § 51103. General authority of Secretary of Trans- portation (a) EDUCATION AND TRAINING.—The Secretary of Transportation may provide for the education and training of citizens of the United States for the safe and efficient operation of the merchant marine of the United States at all times, includ- ing operation as a naval and military auxiliary in time of war or national emergency. (b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— (1) IN GENERAL.—The Secretary may cooper- ate with and assist the institutions named in paragraph (2) by making vessels, fuel, ship- board equipment, and other marine equip- ment, owned by the United States Government and determined by the entity having custody and control of such property to be excess or surplus, available to those institutions for in- structional purposes, by gift, loan, sale, lease, or charter on terms and conditions the Sec- retary considers appropriate. The consent of the Secretary of the Navy shall be obtained with respect to any property from National Defense Reserve Fleet vessels, if such vessels are either Ready Reserve Force vessels or other National Defense Reserve Fleet vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention. (2) INSTITUTIONS.—The institutions referred to in paragraph (1) are— (A) the United States Merchant Marine Academy; (B) a State maritime academy; and (C) a nonprofit training institution or a training institution that is an instrumen- tality of a State, the District of Columbia, a territory or possession of the United States, or a unit of local government thereof jointly approved by the Secretary of Transportation and the Secretary of the department in which the Coast Guard is operating as offer- ing training courses that meet Federal regu- lations for maritime training. (c) ASSISTANCE FROM OTHER AGENCIES.— (1) IN GENERAL.—The Secretary of Transpor- tation may secure directly from an agency, on a reimbursable basis, information, facilities, and equipment necessary to carry out this part. (2) DETAILING PERSONNEL.—At the request of the Secretary, the head of an agency (includ- ing a military department) may detail, on a reimbursable basis, personnel from the agency to the Secretary to assist in carrying out this part. (d) ACADEMY PERSONNEL.—To carry out this part, the Secretary may— (1) employ an individual as a professor, lec- turer, or instructor at the Academy, without regard to the provisions of title 5 governing appointments in the competitive service; and (2) pay the individual without regard to chapter 51 and subchapter III of chapter 53 of title 5. (e) DONATION FOR HISTORICAL PURPOSES.— (1) IN GENERAL.—The Secretary may convey the right, title, and interest of the United States Government in any property adminis- tered by the Maritime Administration, except real estate or vessels, if— (A) the Secretary determines that such property is not needed by the Maritime Ad- ministration; and (B) the recipient— (i) is a nonprofit organization, a State, or a political subdivision of a State; (ii) agrees to hold the Government harm- less for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property; (iii) provides a description and expla- nation of the intended use of the property to the Secretary for approval; (iv) has provided to the Secretary proof, as determined by the Secretary, of re- sources sufficient to accomplish the in- tended use provided under clause (iii) and to maintain the property; (v) agrees that when the recipient no longer requires the property, the recipient shall— (I) return the property to the Sec- retary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or (II) subject to the approval of the Sec- retary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and (vi) agrees to any additional terms the Secretary considers appropriate. (2) REVERSION.—The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest con- veyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii). (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1569; Pub. L. 112–213, title IV, § 404, Dec. 20, 2012, 126 Stat. 1570; Pub. L. 113–281, title III, § 302, Dec. 18, 2014, 128 Stat. 3042.)