Sec. 563. HOPPER DREDGE MCFARLAND

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## SEC. 563 HOPPER DREDGE MCFARLAND ###

(a)Placement in Ready Reserve Status Not before October 1, 2009, and not after December 31, 2009, the Secretary shall— ####

(1)place the Federal hopper dredge McFarland (referred to in this section as the “vessel”) in a ready reserve status; and ####

(2)use the vessel solely for urgent and emergency purposes in accordance with existing emergency response protocols. ###

(b)Routine Tests and Maintenance ####

(1)In general The Secretary shall periodically perform routine underway dredging tests of the equipment (not to exceed 70 days per year) of the vessel in a ready reserve status to ensure the ability of the vessel to perform urgent and emergency work. ####

(2)Maintenance The Secretary— #####

(A)shall not assign any scheduled hopper dredging work to the vessel other than dredging tests in the Delaware River and Bay; but #####

(B)shall perform any repairs, including any asbestos abatement, necessary to maintain the vessel in a ready reserve fully operational condition. ###

(c)Active Status for Dredging The Secretary, in consultation with affected stakeholders, shall place the vessel in active status in order to perform dredging work if the Secretary determines that private industry has failed— ####

(1)to submit a responsive and responsible bid for work advertised by the Secretary; or ####

(2)to carry out a project as required pursuant to a contract between the industry and the Secretary. * * * * * * *