- (2) The Coast Guard Cutter PLANETREE, to be conveyed to Jewish Life (a nonprofit corporation under the laws of the State of California), located in Sherman Oaks, California.
- (3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth Entertainment and Convention Center Authority (a nonprofit corporation under the laws of the State of Minnesota), located in Duluth, Minnesota.
(c) Conditions.—As a condition of any conveyance of a vessel under subsection (a), the Commandant shall require the recipient—
- (1) to agree—
- (A) to use the vessel for purposes of education and historical display;
- (B) not to use the vessel for commercial transportation purposes;
- (C) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or a national emergency; and
- (D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use of the vessel by the Government under subparagraph (C);
- (2) to have funds available that will be committed to operate and maintain the vessel conveyed in good working condition—
- (A) in the form of cash, liquid assets, or a written loan commitment; and
- (B) in an amount of at least $700,000; and
- (3) to agree to any other conditions the Commandant considers appropriate.
(d) Maintenance and Delivery of Vessel.—Prior to conveyance of a vessel under this section, the Commandant may, to the extent practical, and subject to other Coast Guard mission requirements, make every effort to maintain the integrity of the vessel and its equipment until the time of delivery. The Commandant shall deliver a vessel conveyed under this section at the place where the vessel is located, in its present condition, and without cost to the Government. The conveyance of a vessel under this section shall not be considered a distribution in commerce for purposes of section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)).
(e) Other Excess Equipment.—The Commandant may convey to the recipient of a vessel under this section any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel’s operability and function as an historical display.
SEC. 603. TONNAGE MEASUREMENT.
(a) In General.—The Secretary of the department in which the Coast Guard is operating may apply section 8104(o)(2) of title 46, United States Code, to the vessels described in subsection (b) without regard to the tonnage of those vessels.
(b) Vessels Described.—The vessels referred to in subsection (a) are the following:
- (1) The M/V BLUEFIN (United States official number 620431).
