118 STAT. 1042 PUBLIC LAW 108–293—AUG. 9, 2004 ‘‘(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to elec tronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.’’; and (2) adding at the end the following: ‘‘(e) COOPERATIVE AGREEMENTS.—(1) The Secretary may enter into cooperative agreements with public or private agencies, authori ties, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1). ‘‘(2) A nongovernmental entity may not under this subsection carry out an inherently governmental function. ‘‘(3) As used in this paragraph, the term ‘inherently govern mental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.’’. SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY. (a) REPEAL OF INLAND RULES.—Section 2 of the Inland Naviga tional Rules Act of 1980 (33 U.S.C. 2001–38) is repealed. (b) AUTHORITY TO ISSUE REGULATIONS.—Section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001) is amended to read as follows: ‘‘SEC. 3. INLAND NAVIGATION RULES. ‘‘The Secretary of the Department in which the Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon the inland waters of the United States and technical annexes that are as consistent as possible with the respec tive annexes to the International Regulations.’’. (c) EFFECTIVE DATE.—Subsection (a) is effective on the effective date of final regulations prescribed by the Secretary of the Depart ment in which the Coast Guard is operating under section 3 of the Inland Navigation Rules Act of 1980 (33 U.S.C. 2001), as amended by this Act. SEC. 304. SAINT LAWRENCE SEAWAY. Section 3(2) of the Ports and Waterways Safety Act (33 U.S.C. 1222(2)) is amended by inserting ‘‘, except that ‘Secretary’ means the Secretary of Transportation with respect to the application of this Act to the Saint Lawrence Seaway’’ after ‘‘in which the Coast Guard is operating’’. TITLE IV—SHIPPING SEC. 401. REPORTS FROM CHARTERERS. Section 12120 of title 46, United States Code, is amended by striking ‘‘owners and masters’’ and inserting ‘‘owners, masters, and charterers’’. 33 USC 2001 note. 33 USC 2071.
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