Great Lakes Winter Commerce Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5896 To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commer- cial disruption in the winter months, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2020 Mr. GALLAGHER (for himself, Ms. KAPTUR, Mrs. DINGELL, and Mr. GIBBS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commercial disruption in the winter months, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Great Lakes Winter 4 Commerce Act of 2020’’. 5 VerDate Sep 11 2014 01:57 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5896.IH H5896 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5896 IH SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS. 1 (a) IN GENERAL.—Subchapter IV of chapter 5 of 2 title 14, United States Code, is amended by adding at the 3 end the following: 4 ‘‘§ 564. Great Lakes icebreaking operations 5 ‘‘(a) ICEBREAKING OPERATIONS.—The Commandant 6 shall conduct icebreaking operations in the Great Lakes 7 in accordance with the standard for icebreaking operations 8 under subsection (b). 9 ‘‘(b) STANDARD FOR ICEBREAKING OPERATIONS.— 10 In carrying out subsection (a)— 11 ‘‘(1) except as provided in paragraph (2), the 12 Commandant shall keep channels and harbors in the 13 Great Lakes open to navigation not less than 90 14 percent of the hours that commercial vessels transit 15 ice-covered waterways; and 16 ‘‘(2) in a year in which the Great Lakes are not 17 open to navigation because of ice of a thickness that 18 occurs on average only once every 10 years, the 19 Coast Guard shall keep channels and harbors in the 20 Great Lakes open to navigation at least 70 percent 21 of the hours that commercial vessels transit ice-cov- 22 ered waterways. 23 ‘‘(c) REPORT TO CONGRESS.—Not later than July 1 24 of each year, the Commandant shall submit to Congress 25 a report on the icebreaking operations conducted by the 26 VerDate Sep 11 2014 01:57 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5896.IH H5896 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5896 IH Coast Guard in the Great Lakes for the most recent fiscal 1 year for which data are available. 2 ‘‘(d) COORDINATION WITH INDUSTRY.—The Com- 3 mandant shall coordinate Great Lakes icebreaking oper- 4 ations with operators of commercial vessels. 5 ‘‘(e) ICEBREAKING IN CANADA.— 6 ‘‘(1) IN GENERAL.—The Coast Guard shall not 7 break ice in Canadian harbors or bays unless the re- 8 quirements of subsection (b) will be met during such 9 activity. 10 ‘‘(2) WAIVER AUTHORITY.—The Commandant 11 may waive the prohibition in paragraph (1) on a 12 case-by-case basis upon the approval of the Sec- 13 retary for such waiver and notification to Congress 14 of such waiver. 15 ‘‘(f) DEFINITIONS.—For the purposes of this section: 16 ‘‘(1) COMMERCIAL VESSEL.—The term ‘com- 17 mercial vessel’ means any privately owned cargo ves- 18 sel of at least 500 tons operating in the Great Lakes 19 during the winter season. 20 ‘‘(2) GREAT LAKES.—The term ‘Great Lakes’ 21 has the meaning given such term in section 118 of 22 the Federal Water Pollution Control Act (33 U.S.C. 23 1268). 24 VerDate Sep 11 2014 01:57 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5896.IH H5896 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5896 IH ‘‘(3) ICE-COVERED WATERWAY.—The term ‘ice- 1 covered waterway’ means any portion of the Great 2 Lakes in which commercial vessels operate that is 70 3 percent or greater covered by ice, but does not in- 4 clude any waters adjacent to piers or docks for 5 which commercial icebreaking services are available. 6 ‘‘(4) OPEN TO NAVIGATION.—The term ‘open to 7 navigation’ means navigable to the extent necessary 8 to meet the reasonable demands of commerce, mini- 9 mize delays to passenger ferries, extricate vessels 10 and persons from danger, prevent damage due to 11 flooding, and conduct other Coast Guard missions as 12 required. 13 ‘‘(5) REASONABLE DEMANDS OF COMMERCE.— 14 The term ‘reasonable demands of commerce’ means 15 the safe movement of commercial vessels transiting 16 ice-covered waterways in the Great Lakes at a speed 17 of 3 knots or greater.’’. 18 (b) CLERICAL AMENDMENT.—The table of analysis 19 for such chapter is amended by adding at the end the fol- 20 lowing: 21 ‘‘564. Great Lakes icebreaking operations.’’. (c) REPORT.—Not later than the first July 1 after 22 the first winter in which the Commandant of the Coast 23 Guard is subject to the requirements of section 564 of title 24 14, United States Code, such Commandant shall submit 25 VerDate Sep 11 2014 01:57 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5896.IH H5896 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5896 IH to the Committee on Transportation and Infrastructure 1 of the House and the Committee on Commerce, Science, 2 and Transportation of the Senate, a report on the cost 3 to the Coast Guard of meeting the requirements of such 4 section. 5 Æ VerDate Sep 11 2014 01:57 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5896.IH H5896 pamtmann on DSKBC07HB2PROD with BILLS