II

105TH CONGRESS

1ST SESSION S. 1259

To authorize appropriations for fiscal years 1998 and 1999 for the United

States Coast Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1997

Ms. SNOWE (for herself, Mr. HOLLINGS, and Mr. BREAUX) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To authorize appropriations for fiscal years 1998 and 1999

for the United States Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act for Fiscal Years 1998 and 1999’’.

6 SEC. 2. TABLE OF SECTIONS.

7 The table of sections for this act is as follows:

Sec. 1. Short title.

Sec. 2. Table of sections.

TITLE I—APPROPRIATIONS; AUTHORIZED LEVELS

Sec. 101. Authorization of appropriations.
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Sec. 102. Authorized levels of military strength and training.

TITLE II—COAST GUARD MANAGEMENT

Sec. 201. Severance pay.

Sec. 202. Use of appropriated funds for commercial vehicles at military funerals.

Sec. 203. Authority to reimburse Novato, California, Reuse Commission.

Sec. 204. Eliminate supply fund reimbursement requirement.

Sec. 205. Authority to implement and fund certain awards programs.

Sec. 206. Disposal of certain material to Coast Guard Auxiliary.

TITLE III—MARINE SAFETY AND ENVIRONMENTAL PROTECTION

Sec. 301. Alcohol testing.

Sec. 302. Penalty for violation of International Safety Convention.

Sec. 303. Protect marine casualty investigations from mandatory release.

Sec. 304. Eliminate biennial research and development report.

Sec. 305. Extension of territorial sea for certain laws.

Sec. 306. Law enforcement authority for special agents of the Coast Guard Investigative Service.

TITLE IV—MISCELLANEOUS

Sec. 401. Vessel Identification System Amendments.

Sec. 402. Conveyance of communication station Boston Marshfield receiver site,

Massachusetts.

Sec. 403. Conveyance of Nahant parcel, Essex County, Massachusetts.

Sec. 404. Conveyance of Eagle Harbor Light Station.

Sec. 405. Conveyance of Coast Guard station, Ocracoke, North Carolina.

Sec. 406. Conveyance of Coast Guard property to Jacksonville University, Florida.

Sec. 407. Coast Guard City, USA.

Sec. 408. Vessel documentation clarification.

1 TITLE I—APPROPRIATIONS;

2 AUTHORIZED LEVELS

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 (a) Funds are authorized to be appropriated for nec5 essary expenses of the Coast Guard for fiscal year 1998,

6 as follows:

7 (1) For the operation and maintenance of the

8 Coast Guard, $2,740,000,000, of which $25,000,000

9 shall be derived from the Oil Spill Liability Trust

10 Fund.
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1 (2) For the acquisition, construction, rebuild2 ing, and improvement of aids to navigation, shore

3 and offshore facilities, vessels, and aircraft, includ4 ing equipment related thereto, $379,000,000, to re5 main available until expended, of which $20,000,000

6 shall be derived from the Oil Spill Liability Trust

7 Fund to carry out the purposes of section

8 1012(a)(5) of the Oil Pollution Act of 1990.

9 (3) For research, development, test, and evalua10 tion of technologies, materials, and human factors

11 directly relating to improving the performance of the

12 Coast Guard’s mission in support of search and res13 cue, aids to navigation, marine safety, marine envi14 ronmental protection, enforcement of laws and trea15 ties, ice operations, oceanographic research, and de16 fense readiness, $19,000,000, to remain available

17 until expended, of which $3,500,000 shall be derived

18 from the Oil Spill Liability Trust Fund.

19 (4) For retired pay (including the payment of

20 obligations otherwise chargeable to lapsed appropria21 tions for this purpose), payments under the Retired

22 Serviceman’s Family Protection and Survivor Bene23 fit Plans, and payments for medical care of retired

24 personnel and their dependents under chapter 55 of

25 title 10, United States Code, $645,696,000.
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1 (5) For alteration or removal of bridges over

2 navigable waters of the United States constituting

3 obstructions to navigation, and for personnel and

4 administrative costs associated with the bridge alter5 ation program, $26,000,000 to remain available

6 until expended.

7 (6) For environmental compliance and restora8 tion at Coast Guard facilities functions (other than

9 parts and equipment associated with operations and

10 maintenance), $21,000,000, to remain available until

11 expended.

12 (b) Funds are authorized to be appropriated for nec13 essary expenses of the Coast Guard for fiscal year 1999,

14 as follows:

15 (1) For the operation and maintenance of the

16 Coast Guard, $2,740,000,000, of which $25,000,000

17 shall be derived from the Oil Spill Liability Trust

18 Fund.

19 (2) For the acquisition, construction, rebuild20 ing, and improvement of aids to navigation, shore

21 and offshore facilities, vessels, and aircraft, includ22 ing equipment related thereto, $379,000,000, to re23 main available until expended, of which $20,000,000

24 shall be derived from the Oil Spill Liability Trust
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1 Fund to carry out the purposes of section

2 1012(a)(5) of the Oil Pollution Act of 1990.

3 (3) For research, development, test, and evalua4 tion of technologies, materials, and human factors

5 directly relating to improving the performance of the

6 Coast Guard’s mission in support of search and res7 cue, aids to navigation, marine safety, marine envi8 ronmental protection, enforcement of laws and trea9 ties, ice operations, oceanographic research, and de10 fense readiness, $19,000,000, to remain available

11 until expended, of which $3,500,000 shall be derived

12 from the Oil Spill Liability Trust Fund.

13 (4) For retired pay (including the payment of

14 obligations otherwise chargeable to lapsed appropria15 tions for this purpose), payments under the Retired

16 Serviceman’s Family Protection and Survivor Bene17 fit Plans, and payments for medical care of retired

18 personnel and their dependents under chapter 55 of

19 title 10, United States Code, $675,568,000.

20 (5) For alteration or removal of bridges over

21 navigable waters of the United States constituting

22 obstructions to navigation, and for personnel and

23 administrative costs associated with the bridge alter24 ation program, $26,000,000 to remain available

25 until expended.
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1 (6) For environmental compliance and restora2 tion at Coast Guard facilities functions (other than

3 parts and equipment associated with operations and

4 maintenance), $21,000,000, to remain available until

5 expended.

6 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

7 AND TRAINING.

8 (a) The Coast Guard is authorized an end-of-year

9 strength for active duty personnel of 37,660 as of Septem10 ber 30, 1998.

11 (b) For fiscal year 1998, the Coast Guard is author12 ized average military training student loads as follows:

13 (1) For recruit and special training, 1,368 stu14 dent years.

15 (2) For flight training, 98 student years.

16 (3) For professional training in military and ci17 vilian institutions, 283 student years.

18 (4) For officer acquisition, 797 student years.

19 (c) The Coast Guard is authorized an end-of-year

20 strength for active duty personnel of such numbers as may

21 be necessary as of September 30, 1999.

22 (d) For fiscal year 1999, the Coast Guard is author23 ized average military training student loads as follows:

24 (1) For recruit and special training, such stu25 dent years as may be necessary.
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1 (2) For flight training, such student years as

2 may be necessary.

3 (3) For professional training in military and ci4 vilian institutions, such student years as may be nec5 essary.

6 (4) For officer acquisition, such student years

7 as may be necessary.

8 TITLE II—COAST GUARD

9 MANAGEMENT

10 SEC. 201. SEVERANCE PAY.

11 (a) WARRANT OFFICERS.—Section 286a(d) of title

12 14, United States Code, is amended by striking the last

13 sentence.

14 (b) SEPARATED OFFICERS.—Section 286a of title 14,

15 United States Code, is amended by striking the period at

16 the end of subsection (b) and inserting ‘‘, unless the officer

17 is separated with an other than Honorable Discharge and

18 the Secretary of the Service in which the Coast Guard is

19 operating determines that the conditions under which the

20 officer is discharged or separated do not warrant payment

21 of severance pay.’’.

22 (c) EXCEPTION.—Section 327 of title 14, United

23 States Code, is amended by striking the period at the end

24 of paragraph (b)(3) and inserting ‘‘, unless the Secretary

25 determines that the conditions under which the officer is
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1 discharged or separated do not warrant payment of sever2 ance pay.’’.

3 SEC. 202. USE OF APPROPRIATED FUNDS FOR COMMER4 CIAL VEHICLES AT MILITARY FUNERALS.

5 Section 93 of title 14, United States Code, as amend6 ed by section 203 of this Act, is further amended—

7 (1) by striking ‘‘and’’ after the semicolon at the

8 end of paragraph (v);

9 (2) by striking the period at the end of para10 graph (w) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(x) rent or lease, under such terms

14 and conditions as are deemed advisable,

15 commercial vehicles to transport the next

16 of kin of eligible retired Coast Guard mili17 tary personnel to attend funeral services of

18 the service member at a national ceme19 tery.’’.

20 SEC. 203. AUTHORITY TO REIMBURSE NOVATO, CALIFOR21 NIA, REUSE COMMISSION.

22 The Commandant may use up to $25,000 to provide

23 economic adjustment assistance for the City of Novato,

24 California, for the cost of revising the Hamilton Reuse

25 Planning Authority’s reuse plan as a result of the Coast
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1 Guard’s request for housing at Hamilton Air Force Base.

2 If the Department of Defense provides such economic ad3 justment assistance to the City of Novato on behalf of the

4 Coast Guard, then the Coast Guard may use the amount

5 authorized for use in the preceding sentence to reimburse

6 the Department of Defense for the amount of economic

7 adjustment assistance provided to the City of Novato by

8 the Department of Defense.

9 SEC. 204. ELIMINATE SUPPLY FUND REIMBURSEMENT RE10 QUIREMENT.

11 Subsection 650(a) of title 14, United States Code, is

12 amended by striking ‘‘The fund shall be credited with the

13 value of materials consumed, issued for use, sold, or other14 wise disposed of, such values to be determined on a basis

15 that will approximately cover the cost thereof.’’ and insert16 ing ‘‘In these regulations, whenever the fund is reduced

17 to delete items stocked, the Secretary may reduce the ex18 isting capital of the fund by the value of the materials

19 transferred to other Coast Guard accounts. Except for the

20 materials so transferred, the fund shall be credited with

21 the value of materials consumed, issued for use, sold, or

22 otherwise disposed of, such values to be determined on a

23 basis that will approximately cover the cost thereof.’’.
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1 SEC. 205. AUTHORITY TO IMPLEMENT AND FUND CERTAIN

2 AWARDS PROGRAMS.

3 (a) Section 93 of title 14, United States Code, is

4 amended—

5 (1) by striking ‘‘and’’ after the semicolon at the

6 end of paragraph (w);

7 (2) by striking the period at the end of para8 graph (x) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following new

10 paragraph:

11 ‘‘(y) provide for the honorary recognition of in12 dividuals and organizations that significantly con13 tribute to Coast Guard programs, missions, or oper14 ations, including but not limited to state and local

15 governments and commercial and nonprofit organi16 zations, and pay for, using any appropriations or

17 funds available to the Coast Guard, plaques, medals,

18 trophies, badges, and similar items to acknowledge

19 such contribution (including reasonable expenses of

20 ceremony and presentation).’’.

21 SEC. 206. DISPOSAL OF CERTAIN MATERIAL TO COAST

22 GUARD AUXILIARY.

23 (a) Section 641 of title 14, United States Code, is

24 amended—
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1 (1) by striking ‘‘to the Coast Guard Auxiliary,

2 including any incorporated unit thereof,’’ in sub3 section (a) ; and

4 (2) by adding at the end thereof the following:

5 ‘‘(f)(1) Notwithstanding any other law, the Com6 mandant may directly transfer ownership of personal

7 property of the Coast Guard to the Coast Guard Auxiliary

8 (including any incorporated unit thereof), with or without

9 charge, if the Commandant determines—

10 ‘‘(A) after consultation with the Administrator

11 of General Services, that the personal property is ex12 cess to the needs of the Coast Guard but is suitable

13 for use by the Auxiliary in performing Coast Guard

14 functions, powers, duties, roles, missions, or oper15 ations as authorized by law pursuant to section 822

16 of this title; and

17 ‘‘(B) that such excess property will be used

18 solely by the Auxiliary for such purposes.

19 ‘‘(2) Upon transfer of personal property under para20 graph (1), no appropriated funds shall be available for the

21 operation, maintenance, repair, alteration, or replacement

22 of such property, except as permitted by section 830 of

23 this title.’’.
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1 TITLE III—MARINE SAFETY AND

2 ENVIRONMENTAL PROTECTION

3 SEC. 301. ALCOHOL TESTING.

4 (a) ADMINISTRATIVE PROCEDURE.—Section 7702 of

5 title 46, United States Code, is amended—

6 (1) by striking ‘‘(1)’’ in subsection (c);

7 (2) by redesignating paragraph (2) of sub8 section (c) as subsection (d)(1) and by redesignating

9 subsection (d) is subsection (e);

10 (3) by striking ‘‘may’’ in the second sentence of

11 subsection (d)(1) as redesignated, and inserting

12 ‘‘shall’’; and

13 (4) by adding at the end of subsection (d), as

14 redesignated, the following:

15 ‘‘(2) The Secretary shall establish procedures to

16 ensure that after a serious marine incident occurs,

17 alcohol testing of crew members responsible for the

18 operation or other safety-sensitive functions of the

19 vessel or vessels involved in such incident is con20 ducted no later than two hours after the incident is

21 stabilized.’’.

22 (b) INCREASE IN CIVIL PENALTY.—Section 2115 of

23 title 46, United States Code, is amended by striking

24 ‘‘$1,000’’ and inserting ‘‘$5,000’’.
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1 (c) INCREASE IN NEGLIGENCE PENALTY.—Section

2 2302(c)(1) of title 46, United States Code, is amended

3 by striking ‘‘$1,000’’ and inserting ‘‘$5,000’’.

4 SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL

5 SAFETY CONVENTION.

6 (a) IN GENERAL.—Section 2302 of title 46, United

7 States Code, is amended by adding at the following new

8 subsection:

9 ‘‘(e)(1) A vessel may not be used to transport cargoes

10 sponsored by the United States Government if the vessel

11 has been detained by the Secretary for violation of an

12 international safety convention to which the United States

13 is a party, and the Secretary has published notice of that

14 detention.

15 ‘‘(2) The prohibition in paragraph (1) expires for a

16 vessel 1 year after the date of the detention on which the

17 prohibition is based or upon the Secretary granting an ap18 peal of the detention on which the prohibition is based.

19 ‘‘(3) The head of a Federal Agency may grant an

20 exemption from the prohibition in paragraph (1) on a case

21 by case basis if the owner of the vessel to be used for

22 transport of the cargo sponsored by the United States

23 Government can provide compelling evidence that the ves24 sel is currently in compliance with applicable international

25 safety conventions to which the United States is a party.
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1 ‘‘(4) As used in this subsection, the term ‘cargo spon2 sored by the United States Government’ means cargo for

3 which a Federal agency contracts directly for shipping by

4 water or for which (or the freight of which) a Federal

5 agency provides financing, including financing by grant,

6 loan, or loan guarantee, resulting in shipment of the cargo

7 by water.’’.

8 SEC. 303. PROTECT MARINE CASUALTY INVESTIGATIONS

9 FROM MANDATORY RELEASE.

10 Section 6305(b) of title 46, United States Code, is

11 amended by striking all after ‘‘public’’ and inserting a pe12 riod and ‘‘This subsection does not require the release of

13 information described by section 552(b) of title 5 or pro14 tected from disclosure by another law of the United

15 States.’’.

16 SEC. 304. ELIMINATED BIENNIAL RESEARCH AND DEVEL17 OPMENT REPORT.

18 (a) Section 7001 of the Oil Pollution Act of 1990 (33

19 U.S.C. 2701 et seq.) is amended by striking subsection

20 (e) and by redesignating subsection (f) as subsection (e).

21 SEC. 305. EXTENSION OF TERRITORIAL SEA FOR CERTAIN

22 LAWS.

23 (a) PORTS AND WATERWAYS SAFETY ACT.—Section

24 102 of the Ports and Waterways Safety Act (33 U.S.C.

25 1222) is amended by adding at the end of the following:
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1 ‘‘(5) ‘Navigable waters of the United States’ in2 cludes all waters of the territorial sea of the United

3 States as described in Presidential Proclamation

4 5928 of December 27, 1988.’’.

5 (b) SUBTITLE II OF TITLE 46.—

6 (1) Section 2101 of title 46, United States

7 Code, is amended—

8 (A) by redesignating paragraph (17a) as

9 paragraph (17b); and

10 (B) by inserting after paragraph (17) the

11 following:

12 ‘‘(17a) ‘navigable waters of the United States’

13 includes all waters of the territorial sea of the Unit14 ed States as described in Presidential Proclamation

15 5928 of December 27, 1988.’’.

16 (2) Section 2301 of that title is amended by in17 serting ‘‘(including the territorial sea of the United

18 States as described in Presidential Proclamation

19 5928 of December 27, 1988,)’’ after ‘‘of the United

20 States’’.

21 (3) Section 4102(e) of that title is amended by

22 striking ‘‘on the high seas’’ and inserting ‘‘beyond 3

23 nautical miles from the baselines from which the ter24 ritorial sea of the United States is measured’’.
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1 (4) Section 4301(a) of that title is amended by

2 inserting ‘‘(including the territorial sea of the United

3 States as described in Presidential Proclamation

4 5928 of December 27, 1988)’’ after ‘‘of the United

5 States’’.

6 (5) Section 4502(a)(7) of that title is amended

7 by striking ‘‘on vessels that operate on the high

8 seas’’ and inserting ‘‘beyond 3 nautical miles from

9 the baselines from which the territorial sea of the

10 United States is measured’’.

11 (6) Section 4506(b) of that title is amended by

12 striking paragraph (2) and inserting the following:

13 ‘‘(2) is operating—

14 ‘‘(A) in internal waters of the United

15 States; or

16 ‘‘(B) within 3 nautical miles from the

17 baselines from which the territorial sea of the

18 United States is measured.’’.

19 (7) Section 8502(a)(3) of that title is

20 amended by striking ‘‘not on the high seas’’ and

21 inserting: ‘‘not beyond 3 nautial miles from the

22 baselines from which the territorial sea of the

23 United States is measured’’.
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1 (8) Section 8503(a)(2) of that title is amended

2 by striking paragraph (2) and inserting the follow3 ing:

4 ‘‘(2) is operating—

5 ‘‘(A) in internal waters of the United

6 States; or

7 ‘‘(B) within 3 nautical miles from the

8 baselines from which the territorial sea of the

9 United States is measured.’’.

10 SEC. 306. LAW ENFORCEMENT AUTHORITY FOR SPECIAL

11 AGENTS OF THE COAST GUARD INVESTIGA12 TIVE SERVICE.

13 (a) AUTHORITY.—Section 95 of title 14, United

14 States Code, is amended to read as follows:

15 ‘‘§ 95. Special agents of the Coast Guard Investigative

16 Service law enforcement authority

17 ‘‘(a)(1) A special agent of the Coast Guard Investiga18 tive Service designated under subsection (b) has the fol19 lowing authority:

20 ‘‘(A) To carry firearms.

21 ‘‘(B) To execute and serve any warrant or other

22 process issued under the authority of the United

23 States.

24 ‘‘(C) To make arrests without warrant for—
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1 ‘‘(i) any offense against the United States

2 committed in the agent’s presence; or

3 ‘‘(ii) any felony cognizable under the laws

4 of the United States if the agent has probable

5 cause to believe that the person to be arrested

6 has committed or is committing the felony.

7 ‘‘(2) The authorities provided in paragraph (1) shall

8 be exercised only in the enforcement of statutes for which

9 the Coast Guard has law enforcement authority, or in exi10 gent circumstances.

11 ‘‘(b) The Commandant may designate to have the au12 thority provided under subsection (a) any special agent of

13 the Coast Guard Investigative Service whose duties in14 clude conducting, supervising, or coordinating investiga15 tion of criminal activity in programs and operations of the

16 United States Coast Guard.

17 ‘‘(c) The authority provided under subsection (a)

18 shall be exercised in accordance with guidelines prescribed

19 by the Commandant and approved by the Attorney Gen20 eral and any other applicable guidelines prescribed by the

21 Secretary of Transportation or the Attorney General.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 5 of title 14, United States

24 Code, is amended by striking the item related to section

25 95 and inserting the following:
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‘‘95. Special agents of the Coast Guard Investigative Service; law enforcement

authority.’’.

1 TITLE IV—MISCELLANEOUS

2 SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

3 Title 46, United States Code, is amended—

4 (1) by striking ‘‘or is not titled in a State’’ in

5 section 12102(a);

6 (2) by adding at the end of section 12301 the

7 following:

8 ‘‘(c) A documented vessel shall not be titled by a

9 State or required to display numbers under this chapter,

10 and any certificate of title issued by a State for a docu11 mented vessel than be surrendered in accordance with reg12 ulations prescribed by the Secretary.

13 ‘‘(d) The Secretary may approve the surrender under

14 subsection (a) of a certificate of title covered by a pre15 ferred mortgage under section 31322(d) of this title only

16 if the mortgagee consents.’’;

17 (3) by striking section 31322(b) and inserting

18 the following:

19 ‘‘(b) Any indebtedness secured by a preferred mort20 gage that is filed or recorded under this chapter, or that

21 is subject to a mortgage, security agreement, or instru22 ments granting a security interest that is deemed to be

23 a preferred mortgage under subsection (d) of this section,

24 may have any rate of interest to which the parties agree.’’;
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1 (4) by striking ‘‘mortgage or instrument’’ each

2 place it appears in section 31322(d)(1) and inserting

3 ‘‘mortgage, security agreement, or instrument’’;

4 (5) by striking section 31322(d)(1)(3) and in5 serting the following:

6 ‘‘(3) A preferred mortgage under this sub7 section continues to be a preferred mortgage even if

8 the vessel is no longer titled in the State where the

9 mortgage, security agreement, or instrument grant10 ing a security interest became a preferred mortgage

11 under this subsection.’’;

12 (6) by striking ‘‘mortgages or instruments’’ in

13 subsection 31322(d)(2) and inserting ‘‘mortgages,

14 security agreements, or instruments’’;

15 (7) by inserting ‘‘a vessel titled in a State,’’ in

16 section 31325(b)(1) after ‘‘a vessel to be docu17 mented under chapter 121 of this title,’’;

18 (8) by inserting ‘‘a vessel titled in a State,’’ in

19 section 31325(b)(8) after ‘‘a vessel for which an ap20 plication for documentation is filed under chapter

21 121 of this title,’’; and

22 (9) by inserting ‘‘a vessel titled in a State,’’ in

23 section 31325(c) after ‘‘a vessel to be documented

24 under chapter 121 of this title,’’.
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1 SEC. 402. CONVEYANCE OF COMMUNICATION STATION BOS2 TON MARSHFIELD RECEIVER SITE, MASSA3 CHUSETTS.

4 (a) AUTHORITY TO CONVEY.—

5 (1) IN GENERAL.—The Secretary of Transpor6 tation may convey, by an appropriate means of con7 veyance, all right, title, and interest of the United

8 States in and to the Coast Guard Communication

9 Station Boston Marshfield Receiver Site, Massachu10 setts, to the Town of Marshfield, Massachusetts.

11 (2) LIMITATION.—The Secretary shall not con12 vey under this section the land on which is situated

13 the communications tower and the microwave build14 ing facility of that station.

15 (3) IDENTIFICATION OF PROPERTY.—

16 (A) The Secretary may identify, describe

17 and determine the property to be conveyed to

18 the Town under this section.

19 (B) The Secretary shall determine the

20 exact acreage and legal description of the prop21 erty to be conveyed under this section by a sur22 vey satisfactory to the Secretary. The cost of

23 the survey shall be borne by the Town.

24 (b) TERMS AND CONDITIONS.—Any conveyance of

25 property under this section shall be made—

26 (1) without payment of consideration; and
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1 (2) subject to the following terms and condi2 tions:

3 (A) The Secretary may reserve utility, ac4 cess, and any other appropriate easements on

5 the property conveyed for the purpose of oper6 ating, maintaining, and protecting the commu7 nications tower and the microwave building fa8 cility.

9 (B) The Town and its successors and as10 signs shall, at their own cost and expense,

11 maintain the property conveyed under this sec12 tion in a proper, substantial, and workmanlike

13 manner as necessary to ensure the operation,

14 maintenance, and protection of the communica15 tions tower and the microwave building facility.

16 (C) Any other terms and conditions the

17 Secretary considers appropriate to protect the

18 interests of the United States.

19 (c) EFFECTIVE DATE.—The amendment made by

20 subsection (a) takes effect January 1, 1998.

21 SEC. 403. CONVEYANCE OF NAHANT PARCEL, ESSEX COUN22 TY, MASSACHUSETTS.

23 (a) IN GENERAL.—The Commandant, United States

24 Coast Guard, may convey, by an appropriate means of

25 conveyance, all right, title, and interest of the United
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1 States in and to the United States Coast Guard Recre2 ation Facility Nahant, Massachusetts, to the Town of

3 Nahant.

4 (b) IDENTIFICATION OF PROPERTY.—The Com5 mandant may identify, describe, and determine the prop6 erty to be conveyed under this section.

7 (c) TERMS OF CONVEYANCE.—The conveyance of

8 property under this section shall be made—

9 (1) without payment of consideration; and

10 (2) subject to such terms and conditions as the

11 Commandant may consider appropriate.

12 SEC. 404. CONVEYANCE OF EAGLE HARBOR LIGHT STA13 TION.

14 (a) AUTHORITY TO CONVEY.—

15 (1) IN GENERAL.—The Administrator of the

16 General Services Administration shall convey, by an

17 appropriate means of conveyance, all right, title, and

18 interest of the United States in and to the Eagle

19 Harbor Light Station, Michigan, to the Keweenaw

20 County Historical Society.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary may identify, describe, and determine the

23 property to be conveyed pursuant to this subsection.

24 (b) TERMS OF CONVEYANCE.—
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1 (1) IN GENERAL.—The conveyance of property

2 pursuant to this section shall be made—

3 (A) without payment of consideration; and

4 (B) subject to the conditions required by

5 paragraphs (3), (4), and (5) and other terms

6 and conditions the Secretary may consider ap7 propriate.

8 (2) REVERSIONARY INTEREST.—In addition to

9 any term or condition established pursuant to para10 graph (1), the conveyance of property pursuant to

11 this section shall be subject to the condition that all

12 right, title, and interest in the property conveyed

13 shall immediately revert to the United States if the

14 property, or any part of the property—

15 (A) ceases to be maintained in a manner

16 that ensures its present or future use as a

17 Coast Guard aid to navigation; or

18 (B) ceases to be maintained in a manner

19 consistent with the provisions of the National

20 Historic Preservation Act of 1966 (16 U.S.C.

21 470 et seq.).

22 (3) MAINTENANCE OF NAVIGATION FUNC23 TIONS.—The conveyance of property pursuant to

24 this section shall be made subject to the conditions
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1 that the Secretary considers to be necessary to as2 sure that—

3 (A) the lights, antennas, and associated

4 equipment located on the property conveyed,

5 which are active aids to navigation, shall con6 tinue to be operated and maintained by the

7 United States;

8 (B) the person to which the property is

9 conveyed may not interfere or allow interference

10 in any manner with aids to navigation without

11 express written permission from the Secretary;

12 (C) there is reserved to the United States

13 the right to relocate, replace, or add any aid to

14 navigation or make any changes to the property

15 conveyed as may be necessary for navigational

16 purposes;

17 (D) the United States shall have the right,

18 at any time, to enter the property without no19 tice for the purpose of maintaining aids to navi20 gation; and

21 (E) the United States shall have an ease22 ment of access to the property for the purpose

23 of maintaining the aids to navigation in use on

24 the property.
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1 (4) OBLIGATION LIMITATION.—The person to

2 which the property is conveyed is not required to

3 maintain any active aid to navigation equipment on

4 property conveyed pursuant to this section.

5 (5) REVERSION BASED ON USE.—The convey6 ance of the property described in subsection (a) is

7 subject to the condition that all right, title, and in8 terest in the property conveyed shall immediately re9 vert to the United States if the property, or any part

10 of the property ceases to be used as a nonprofit cen11 ter for public benefit for the interpretation and pres12 ervation of maritime history.

13 (6) MAINTENANCE OF PROPERTY.—The person

14 to which the property is conveyed shall maintain the

15 property in accordance with the National Historic

16 Preservation Act of 1966 (16 U.S.C. 470 et seq.),

17 and other applicable laws.

18 SEC. 405. CONVEYANCE OF COAST GUARD STATION

19 OCRACOKE, NORTH CAROLINA.

20 (a) AUTHORITY TO CONVEY.—

21 (1) IN GENERAL.—The Commandant, United

22 States Coast Guard, or his designee (the ‘‘Com23 mandant’’) may convey, by an appropriate means of

24 conveyance, all right, title, and interest of the Unit25 ed States of America (the ‘‘United States’’) in and,
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1 to the Coast Guard station Ocracoke, North Caro2 lina, to the ferry division of the North Carolina De3 partment of Transportation.

4 (2) IDENTIFICATION OF PROPERTY.—The Com5 mandant may identify, describe, and determine the

6 property to be conveyed under this section.

7 (b) TERMS AND CONDITIONS.—The conveyance of

8 any property under this section shall be made—

9 (1) without payment of consideration; and

10 (2) subject to the following terms and condi11 tions:

12 (A) EASEMENTS.—The Commandant may

13 reserve utility, access, and any other appro14 priate easements upon the property to be con15 veyed for the purpose of—

16 (i) use of the access road to the boat

17 launching ramp;

18 (ii) use of the boat launching ramp;

19 and

20 (iii) use of pier space for necessary

21 search and rescue assets (including water

22 and electrical power).

23 (B) MAINTENANCE.—The ferry division of

24 North Carolina Department of Transportation,

25 and its successors and assigns shall, at its own
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1 cost and expense, maintain the property con2 veyed under this section in a proper, substantial

3 and workmanlike manner necessary for the use

4 of any casements created under subparagraph

5 (A).

6 (C) REVERSIONARY INTEREST.—All right,

7 title, and interest in and to administered by the

8 general services administration if the property,

9 or any part thereof, ceases to be used by the

10 Ferry Division of North Carolina Department

11 of Transportation.

12 (D) OTHER.—Any other terms and condi13 tions the Commandant may consider appro14 priate to protect the interests of the United

15 States.

16 SEC. 406. CONVEYANCE OF COAST GUARD PROPERTY TO

17 JACKSONVILLE UNIVERSITY, FLORIDA.

18 (a) AUTHORITY TO CONVEY.—

19 (1) IN GENERAL.—The Secretary of Transpor20 tation may convey to the University of Jacksonville,

21 Florida, without consideration, all right, title, and

22 interest of the United States in and to the property

23 comprising the Long Branch Rear Range Light,

24 Jacksonville, Florida.
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1 (2) IDENTIFICATION OF PROPERTY.—The Sec2 retary may identify describe, and determine the

3 property to be conveyed under this section.

4 (b) TERMS AND CONDITIONS.—Any conveyance of

5 any property under this section shall be made—

6 (1) subject to the terms and conditions the

7 Commandant may consider appropriate; and

8 (2) subject to the condition that all right, title,

9 and interest in and to property conveyed shall imme10 diately revert to the United States if the property,

11 or any part thereof, cases to be used by Jacksonville

12 University, Florida.

13 SEC. 407. COAST GUARD CITY, USA.

14 The community of Grand Haven, Michigan, shall be

15 recognized as ‘‘Coast Guard City, USA’’.

16 SEC. 408. VESSEL DOCUMENTATION CLARIFICATION.

17 Section 12102(a)(4) of title 46, United States Code,

18 and section 2(a) of the Shipping Act, 1916 (46 U.S.C.

19 App. 802(a)) are each amended by—

20 (1) striking ‘‘president or other’’; and

21 (2) inserting a comma and ‘‘by whatever title,’’

22 after ‘‘chief executive officer’’.

Æ