ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND OKLAHOMA.

SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND OKLAHOMA.(a) In General.—Upon the request of the Governor of the State of Texas or the Governor of the State of Oklahoma, the Secretary of the department in which the Coast Guard is operating shall enter into an agreement with the Governor of the State whereby the State shall license operators of uninspected passenger vessels operating on Lake Texoma in Texas and Oklahoma in lieu of the Secretary issuing the license pursuant to section 8903 of title 46, United States Code, and the regulations issued thereunder, but only if the State plan for licensing the operators of uninspected passenger vessels—(1) meets the equivalent standards of safety and protection of the environment as those contained in subtitle II of title 46, United States Code, and regulations issued thereunder;(2) includes—(A) standards for chemical testing for such operators;(B) physical standards for such operators;(C) professional service and training requirements for such operators; and(D) criminal history background check for such operators;(3) provides for the suspension and revocation of State licenses;(4) makes an individual, who is ineligible for a license issued under title 46, United States Code, ineligible for a State license; and(5) provides for a report that includes—(A) the number of applications that, for the preceding year, the State rejected due to failure to—(i) meet chemical testing standards;(ii) meet physical standards;(iii) meet professional service and training requirements; and(iv) pass criminal history background check for such operators;(B) the number of licenses that, for the preceding year, the State issued;(C) the number of license investigations that, for the preceding year, the State conducted;(D) the number of licenses that, for the preceding year, the State suspended or revoked, and the cause for such suspensions or revocations; and(E) the number of injuries, deaths, collisions, and loss or damage associated with uninspected passenger vessels operations that, for the preceding year, the State investigated.(b) Administration.—124 STAT. 3015(1) The Governor of the State may delegate the execution and enforcement of the State plan, including the authority to license and the duty to report information pursuant to subsection (a), to any subordinate State officer. The Governor shall provide, to the Secretary, written notice of any delegation.(2) The Governor (or the Governor’s designee) shall provide written notice of any amendment to the State plan no less than 45 days prior to the effective date of such amendment.(3) At the request of the Secretary, the Governor of the State (or the Governor’s designee) shall grant, on a biennial basis, the Secretary access to State records and State personnel for the purpose of auditing State execution and enforcement of the State plan.(c) Application.—(1) The requirements of section 8903 of title 46, United States Code, and the regulations issued thereunder shall not apply to any person operating under the authority of a State license issued pursuant to an agreement under this section.(2) The State shall not compel a person, operating under the authority of a license issued either by another State, pursuant to a valid agreement under this section, or by the Secretary, pursuant to section 8903 of title 46, United States Code, to—(A) hold a license issued by the State, pursuant to an agreement under this section; or(B) pay any fee, associated with licensing, because the person does not hold a license issued by the State, pursuant to an agreement under this section.Nothing in this paragraph shall limit the authority of the State to impose requirements or fees for privileges, other than licensing, that are associated with the operation of uninspected passenger vessels on Lake Texoma.(3) For the purpose of enforcement, if an individual is issued a license—(A) by a State, pursuant to an agreement entered into under to this section; or(B) by the Secretary, pursuant to section 8903 of title 46, United States Code,then the individual shall be entitled to lawfully operate an uninspected passenger vessel on Lake Texoma in Texas and Oklahoma without further requirement to hold an additional operator’s license.(d) Termination.—(1) If—(A) the Secretary finds that the State plan for the licensing the operators of uninspected passenger vessels—(i) does not meet the equivalent standards of safety and protection of the environment as those contained in subtitle II of title 46, United States Code, and regulations issued thereunder;(ii) does not include—(I) standards for chemical testing for such operators,(II) physical standards for such operators,(III) professional service and training requirements for such operators, or(IV) background and criminal investigations for such operators;124 STAT. 3016(iii) does not provide for the suspension and revocation of State licenses; or(iv) does not make an individual, who is ineligible for a license issued under title 46, United States Code, ineligible for a State license; or(B) the Governor (or the Governor’s designee) fails to report pursuant to subsection (b),the Secretary shall terminate the agreement authorized by this section, provided that the Secretary provides written notice to the Governor of the State 60 days in advance of termination. The findings of fact and conclusions of the Secretary, if based on a preponderance of the evidence, shall be conclusive.(2) The Governor of the State may terminate the agreement authorized by this section, provided that the Governor provides written notice to the Secretary 60 days in advance of the termination date.(e) Existing Authority.—Nothing in this section shall affect or diminish the authority or jurisdiction of any Federal or State officer to investigate, or require reporting of, marine casualties.(f) Definitions.—For the purposes of this section, the term “uninspected passenger vessel” has the same meaning such term has in section 2101(42)(B) of title 46, United States Code.