Sec. 144. Coast Guard property provision
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Chapter 7 of title 14, United States Code, is amended by adding at the end the following: In this section: The term Coast Guard installation means a base, unit, station, yard, other property under the jurisdiction of the Commandant or, in the case of property in a foreign country, under the operational control of the Coast Guard, without regard to the duration of operational control. The term cultural resource means any of the following: A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.
Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001(3) ). An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb(1) )). An archaeological artifact collection and associated records covered by part 79 of title 36, Code of Federal Regulations. A sacred site, as that term is defined in section 1(b) of Executive Order No. 13007 ( 42 U.S.C. 1996 note; relating to Indian sacred sites).
Treaty or trust resources of an Indian Tribe, including the habitat associated with such resources. Subsistence resources of an Indian Tribe or a Native Hawaiian organization including the habitat associated with such resources. The term eligible entity means any the following: A State, or a political subdivision of a State. A local government. An Indian Tribe. A Native Hawaiian organization. A Tribal organization. A Federal department or agency. The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. The term natural resource means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the waters of the United States), any State or local government, any Indian Tribe, any Native Hawaiian organization, or any member of an Indian Tribe, if such resources are subject to a trust restriction on alienation and have been categorized into one of the following groups:
Surface water resources. Ground water resources. Air resources. Geologic resources. Biological resources. The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The Commandant may enter into a cooperative agreement with an eligible entity (or in the case that the eligible entity is a Federal department or agency, an interagency agreement)— to provide for the preservation, management, maintenance, and improvement of natural resources and cultural resources located on a site described under paragraph (2); and for the purpose of conducting research regarding the natural resources and cultural resources.
To be covered by a cooperative agreement under paragraph (1), the relevant natural resources or cultural resources shall be located— on a Coast Guard installation; or on a site outside of a Coast Guard installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, either directly or indirectly, with current or anticipated Coast Guard training, testing, maintenance, or operations on a Coast Guard installation.
Section 1535 and chapter 63 of title 31 shall not apply to an agreement entered into under paragraph (1). The Commandant may enter into an agreement with an eligible entity, and may enter into an interagency agreement with the head of another Federal department or agency, to address the use or development of property in the vicinity of, or ecologically related to, a Coast Guard installation for purposes of— limiting any development or use of such property that would be incompatible with the mission of the Coast Guard installation; preserving habitat on such property in a manner that— is compatible with environmental requirements; and may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or interfere, either directly or indirectly, with current or anticipated Coast Guard training or operations on the Coast Guard installation; maintaining or improving Coast Guard installation resilience; maintaining and improving natural resources, or benefitting natural and historic research, on the Coast Guard installation; maintaining access to cultural resources and natural resources, including— Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe; providing a means to replace or repair property or cultural resources of an Indian Tribe or a Native Hawaiian organization if such property is damaged by Coast Guard personnel or operations, in consultation with the affected Indian Tribe or Native Hawaiian organization; or maintaining and improving natural resources located outside a Coast Guard installation, including property of an eligible entity, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, either directly or indirectly, current or anticipated Coast Guard activities.
Notwithstanding chapter 63 of title 31, an agreement under subsection (b)(1) that is a cooperative agreement and concerns a cultural resource or a natural resource may be used to acquire property or services for the direct benefit or use of the Federal Government. An agreement under subparagraph (b)(1) shall provide for— the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this subsection; and the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3).
Property or interests may not be acquired pursuant to an agreement under subsection (b)(1) unless the owner of the property or interests consents to the acquisition. An agreement with an eligible entity under subsection (b)(1) may provide for— the management of natural resources on, and the monitoring and enforcement of any right, title, or interest in real property in which the Commandant acquires any right, title, or interest in accordance with this subsection; and for the payment by the United States of all or a portion of the costs of such management, monitoring, or enforcement if the Commandant determines that there is a demonstrated need to preserve or restore habitat for the purposes of subsection
(b)or (c). Any payment provided for under subparagraph
(A)may— be paid in a lump sum; include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and be placed by the eligible entity in an interest-bearing account, so long as any interest is to be applied for the same purposes as the principal. Any payments made under this paragraph shall be subject to periodic auditing by the Inspector General of the department in which the Coast Guard is operating. In entering into an agreement under subsection (b)(1), the Commandant shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, as required under paragraph (1)(B). In lieu of, or in addition to, making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under subsection (b)(1), the Commandant may convey real property in accordance with applicable law. The portion of acquisition costs borne by the United States pursuant to subparagraph (A), either through the contribution of funds, excess real property, or both, may not exceed an amount equal to— the fair market value of any property, or interest in property, to be transferred to the United States upon the request of the Commandant under paragraph (5); or the cumulative fair market value of all properties, or all interests in properties, to be transferred to the United States under paragraph
(5)pursuant to an agreement under subsection (b)(1). The contribution of an eligible entity to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Commandant, the following: The provision of funds, including funds received by the eligible entity from— a Federal agency outside the department in which the Coast Guard is operating; or a State or local government in connection with a Federal, State, or local program. The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property. The exchange or donation of real property or any interest in real property. Any combination of clauses
(i)through (iii). In entering into an agreement under subsection (b)(1), each eligible entity that is a party to the agreement shall agree, as a term of the agreement, to transfer to the United States, upon request of the Commandant, all or a portion of the property or interest acquired under the agreement or a lesser interest therein, except no such requirement need be included in the agreement if— the property or interest is being transferred to a State or another Federal agency, or the agreement requires the property or interest to be subsequently transferred to a State or another Federal agency; and the Commandant determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this subsection. The Commandant shall limit a transfer request pursuant to subparagraph
(A)to the minimum property or interests necessary to ensure that the property or interest concerned is developed and used in a manner appropriate for purposes of this subsection. Notwithstanding paragraph (A), If all or a portion of a property or interest acquired under an agreement under subsection (b)(1) is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Commandant reasonable advance notice of its intent to so declare. Upon receiving such reasonable advance notice under clause (i), the Commandant may request, within a reasonable time period, that administrative jurisdiction over the property or interest be transferred to the Commandant, if the Commandant determines such transfer necessary for the preservation of the purposes of this subsection. Upon a request from the Commandant under clause (ii), the administrative jurisdiction over the property or interest be transferred to the Commandant at no cost. If the Commandant does not make a request under clause
(ii)within a reasonable time period, all such rights of the Commandant to request transfer of administrative jurisdiction over the property or interest shall remain available to the Commandant with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees. The Commandant may accept, on behalf of the United States, any property or interest to be transferred to the United States under an agreement under subsection (b)(1). For purposes of the acceptance of property or interests under an agreement under subsection (b)(1), the Commandant may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4651 ) or section 3111 of title 40 if the Commandant finds that the appraisal or title documents substantially comply with the requirements of such sections and is reasonably accurate. The Commandant may approve a cooperative agreement under subsection (b)(1) if the Commandant determines that— the eligible entity has authority to carry out the project; the project would be completed without unreasonable delay as determined by the Commandant; and the project cannot be effectively completed without the cooperative agreement authority under subsection (b)(1). The Commandant may require such additional terms and conditions in an agreement under subsection (b)(1) as the Commandant considers appropriate to protect the interests of the United States, in accordance with applicable Federal law. The Commandant shall notify the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Indian Affairs of the Senate when the eligible entity is a Tribe, Tribal Organization or Native Hawaiian organization, and the Committee on Transportation and Infrastructure of the House of Representatives in writing not later than the date that is 3 full business days prior to any day on which the Commandant intends to enter into an agreement under subsection (b)(1), and include in such notification the anticipated costs of carrying out the agreement, to the extent practicable. A copy of an agreement entered into under subsection (b)(1) shall be provided to any member of the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives not later than 5 full business days after the date on which such request is submitted to the Commandant. Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2025 , the Commandant shall consult with Indian Tribes to improve opportunities for Indian Tribe participation in the development and execution of Coast Guard oil spill response and prevention activities. Nothing in this section may be construed to undermine the rights of any Indian Tribe to seek full and meaningful government-to-government consultation under this section or under any other law. . The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 721 the following: 722. Cooperation with eligible entities. .
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Sec. 144
Coast Guard property provision
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