IV

105TH CONGRESS

2D SESSION H. RES. 602

Providing for the concurrence by the House with an amendment in the

Senate amendment to H.R. 2204.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 15, 1998

Mr. SHUSTER submitted the following resolution; which was considered and

agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment in the Senate amendment to H.R. 2204.

1 Resolved, That upon the adoption of this resolution

2 the House shall be considered to have taken from the

3 Speaker’s table the bill (H.R. 2204) to authorize appro4 priations for fiscal years 1998 and 1999 for the Coast

5 Guard, and for other purposes, and the Senate amend6 ment thereto, and to have concurred in the Senate amend7 ment with an amendment as follows:

8 In lieu of the matter proposed to be inserted by the

9 Senate amendment, insert the following:
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Author3 ization Act of 1998’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AUTHORIZATION

Sec. 101. Authorization of appropriations.

Sec. 102. Authorized levels of military strength and training.

Sec. 103. LORAN-C.

TITLE II—COAST GUARD MANAGEMENT

Sec. 201. Severance pay.

Sec. 202. Authority to implement and fund certain awards programs.

Sec. 203. Use of appropriated funds for commercial vehicles at military funerals.

Sec. 204. Authority to reimburse Novato, California, Reuse Commission.

Sec. 205. Law enforcement authority for special agents of the Coast Guard Investigative Service.

Sec. 206. Report on excess Coast Guard property.

Sec. 207. Fees for navigation assistance service.

Sec. 208. Aids to navigation report.

TITLE III—MARINE SAFETY

Sec. 301. Extension of territorial sea for certain laws.

Sec. 302. Penalties for interfering with the safe operation of a vessel.

Sec. 303. Great Lakes Pilotage Advisory Committee.

Sec. 304. Alcohol testing.

Sec. 305. Protect marine casualty investigations from mandatory release.

Sec. 306. Safety management code report and policy.

Sec. 307. Oil and hazardous substance definition and report.

Sec. 308. National Marine Transportation System.

Sec. 309. Availability and use of EPIRBS for recreational vessels.

Sec. 310. Search and rescue helicopter coverage.

Sec. 311. Petroleum transportation.

Sec. 312. Seasonal Coast Guard helicopter air rescue capability.

Sec. 313. Ship reporting systems.

TITLE IV—MISCELLANEOUS

Sec. 401. Vessel identification system amendments.

Sec. 402. Conveyance of Coast Guard Reserve training facility, Jacksonville,

Florida.

Sec. 403. Documentation of certain vessels.

Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.

Sec. 405. Unreasonable obstruction to navigation.
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Sec. 406. Financial responsibility for oil spill response vessels.

Sec. 407. Conveyance of Coast Guard property to Jacksonville University in

Jacksonville, Florida.

Sec. 408. Penalty for violation of International Safety Convention.

Sec. 409. Coast Guard City, USA.

Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver

Site, Massachusetts.

Sec. 411. Clarification of liability of persons engaging in oil spill prevention and

response activities.

Sec. 412. Vessels not seagoing motor vessels.

Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.

Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, Michigan.

Sec. 415. Interim authority for dry bulk cargo residue disposal.

Sec. 416. Conveyance of lighthouses.

Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.

Sec. 418. Conveyance of decommissioned Coast Guard vessels.

Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.

Sec. 420. Transfer of Ocracoke Light Station to Secretary of the Interior.

Sec. 421. Vessel documentation clarification.

Sec. 422. Dredge clarification.

Sec. 423. Double hull alternative designs study.

Sec. 424. Vessel sharing agreements.

Sec. 425. Reports.

Sec. 426. Report on tonnage calculation methodology.

Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.

Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, JOHN

HENRY.

Sec. 429. Applicability of authority to release restrictions and encumbrances.

Sec. 430. Barge APL–60.

Sec. 431. Vessel financing flexibility.

Sec. 432. Hydrographic functions.

TITLE V—ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

Sec. 501. Findings.

Sec. 502. Administrative waiver of coastwise trade laws.

Sec. 503. Revocation.

Sec. 504. Definitions.

Sec. 505. Sunset.

TITLE VI—HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Assessments.

Sec. 604. Northern Gulf of Mexico hypoxia.

Sec. 605. Authorization of appropriations.

Sec. 606. Protection of States’ rights.
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1 TITLE I—AUTHORIZATION

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 Funds are authorized to be appropriated for nec4 essary expenses of the Coast Guard, as follows:

5 (1) For the operation and maintenance of the

6 Coast Guard—

7 (A) for fiscal year 1998, $2,715,400,000;

8 and

9 (B) for fiscal year 1999, $2,854,700,000;

10 of which $25,000,000 shall be derived each fis11 cal year from the Oil Spill Liability Trust Fund

12 to carry out the purposes of section 1012(a)(5)

13 of the Oil Pollution Act of 1990 and of which

14 not less than $408,000,000 shall be available

15 for expenses related to drug interdiction.

16 (2) For the acquisition, construction, rebuild17 ing, and improvement of aids to navigation, shore

18 and offshore facilities, vessels, and aircraft, includ19 ing equipment related thereto—

20 (A) for fiscal year 1998, $399,850,000, of

21 which $2,000,000 shall be made available for

22 concept evaluation for a replacement vessel for

23 the Coast Guard icebreaker MACKINAW; and

24 (B) for fiscal year 1999, $510,300,000, of

25 which $5,300,000 shall be made available to
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1 complete the conceptual design for a replace2 ment vessel for the Coast Guard icebreaker

3 MACKINAW;

4 to remain available until expended, of which

5 $20,000,000 shall be derived each fiscal year from

6 the Oil Spill Liability Trust Fund to carry out the

7 purposes of section 1012(a)(5) of the Oil Pollution

8 Act of 1990 and of which not less than $62,000,000

9 shall be available for expenses related to drug inter10 diction.

11 (3) For research, development, test, and evalua12 tion of technologies, materials, and human factors

13 directly relating to improving the performance of the

14 Coast Guard’s mission in support of search and res15 cue, aids to navigation, marine safety, marine envi16 ronmental protection, enforcement of laws and trea17 ties, ice operations, oceanographic research, and de18 fense readiness—

19 (A) for fiscal year 1998, $19,000,000; and

20 (B) for fiscal year 1999, $18,300,000;

21 to remain available until expended, of which

22 $3,500,000 shall be derived each fiscal year from the

23 Oil Spill Liability Trust Fund to carry out the pur24 poses of section 1012(a)(5) of the Oil Pollution Act

25 of 1990.
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1 (4) For retired pay (including the payment of

2 obligations otherwise chargeable to lapsed appropria3 tions for this purpose), payments under the Retired

4 Serviceman’s Family Protection and Survivor Bene5 fit Plans, and payments for medical care of retired

6 personnel and their dependents under chapter 55 of

7 title 10, United States Code—

8 (A) for fiscal year 1998, $653,196,000;

9 and

10 (B) for fiscal year 1999, $691,493,000.

11 (5) For alteration or removal of bridges over

12 navigable waters of the United States constituting

13 obstructions to navigation, and for personnel and

14 administrative costs associated with the Bridge Al15 teration Program—

16 (A) for fiscal year 1998, $17,000,000; and

17 (B) for fiscal year 1999, $26,000,000,

18 to remain available until expended.

19 (6) For environmental compliance and restora20 tion at Coast Guard facilities (other than parts and

21 equipment associated with operations and mainte22 nance), $26,000,000 for each of fiscal years 1998

23 and 1999, to remain available until expended.
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND TRAINING.

3 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is

4 authorized an end-of-year strength for active duty person5 nel of—

6 (1) 37,944 as of September 30, 1998; and

7 (2) 38,038 as of September 30, 1999.

8 (b) MILITARY TRAINING STUDENT LOADS.—The

9 Coast Guard is authorized average military training stu10 dent loads as follows:

11 (1) For recruit and special training—

12 (A) for fiscal year 1998, 1,424 student

13 years; and

14 (B) for fiscal year 1999, 1,424 student

15 years.

16 (2) For flight training—

17 (A) for fiscal year 1998, 98 student years;

18 and

19 (B) for fiscal year 1999, 98 student years.

20 (3) For professional training in military and ci21 vilian institutions—

22 (A) for fiscal year 1998, 283 student

23 years; and

24 (B) for fiscal year 1999, 283 student

25 years.

26 (4) For officer acquisition—
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1 (A) for fiscal year 1998, 814 student

2 years; and

3 (B) for fiscal year 1999, 810 student

4 years.

5 SEC. 103. LORAN-C.

6 (a) FISCAL YEAR 1999.—There are authorized to be

7 appropriated to the Department of Transportation, in ad8 dition to the funds authorized for the Coast Guard for

9 operation of the LORAN-C System, for capital expenses

10 related to LORAN-C navigation infrastructure,

11 $10,000,000 for fiscal year 1999. The Secretary of Trans12 portation may transfer from the Federal Aviation Admin13 istration and other agencies of the department funds ap14 propriated as authorized under this section in order to re15 imburse the Coast Guard for related expenses.

16 (b) COST-SHARING PLAN.—Not later than 6 months

17 after the date of enactment of this Act, the Secretary of

18 Transportation shall develop and submit to the Committee

19 on Commerce, Science, and Transportation of the Senate

20 and the Committee on Transportation and Infrastructure

21 of the House of Representatives a plan for cost-sharing

22 arrangements among Federal agencies for such capital

23 and operating expenses related to LORAN-C navigation

24 infrastructure, including such expenses of the Coast

25 Guard and the Federal Aviation Administration.
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1 TITLE II—COAST GUARD

2 MANAGEMENT

3 SEC. 201. SEVERANCE PAY.

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

5 14, United States Code, is amended by striking the last

6 sentence.

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

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

9 the end of subsection (b) and inserting ‘‘, unless the Sec10 retary determines that the conditions under which the offi11 cer is discharged or separated do not warrant payment

12 of that amount of severance pay.’’.

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

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

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

16 determines that the conditions under which the officer is

17 discharged or separated do not warrant payment of that

18 amount of severance pay.’’.

19 SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN

20 AWARDS PROGRAMS.

21 Section 93 of title 14, United States Code, is amend22 ed—

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

24 end of paragraph (u);
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1 (2) by striking the period at the end of para2 graph (v) and inserting ‘‘; and’’; and

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

4 paragraph:

5 ‘‘(w) provide for the honorary recognition of in6 dividuals and organizations that significantly con7 tribute to Coast Guard programs, missions, or oper8 ations, including State and local governments and

9 commercial and nonprofit organizations, and pay

10 for, using any appropriations or funds available to

11 the Coast Guard, plaques, medals, trophies, badges,

12 and similar items to acknowledge such contribution

13 (including reasonable expenses of ceremony and

14 presentation).’’.

15 SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMER16 CIAL VEHICLES AT MILITARY FUNERALS.

17 Section 93 of title 14, United States Code, as amend18 ed by section 202 of this Act, is further amended—

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

20 end of paragraph (v);

21 (2) by striking the period at the end of para22 graph (w) and inserting ‘‘; and’’; and

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

24 paragraph:
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1 ‘‘(x) rent or lease, under such terms and condi2 tions as are considered by the Secretary to be advis3 able, commercial vehicles to transport the next of

4 kin of eligible retired Coast Guard military personnel

5 to attend funeral services of the service member at

6 a national cemetery.’’.

7 SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFOR8 NIA, REUSE COMMISSION.

9 The Commandant of the United States Coast Guard

10 may use up to $25,000 to provide economic adjustment

11 assistance for the City of Novato, California, for the cost

12 of revising the Hamilton Reuse Planning Authority’s reuse

13 plan as a result of the Coast Guard’s request for housing

14 at Hamilton Air Force Base. If the Department of De15 fense provides such economic adjustment assistance to the

16 City of Novato on behalf of the Coast Guard, then the

17 Coast Guard may use the amount authorized for use in

18 the preceding sentence to reimburse the Department of

19 Defense for the amount of economic adjustment assistance

20 provided to the City of Novato by the Department of De21 fense.
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1 SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL

2 AGENTS OF THE COAST GUARD INVESTIGA3 TIVE SERVICE.

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

5 States Code, is amended to read as follows:

6 ‘‘§ 95. Special agents of the Coast Guard Investiga7 tive Service law enforcement authority

8 ‘‘(a)(1) A special agent of the Coast Guard Investiga9 tive Service designated under subsection (b) has the fol10 lowing authority:

11 ‘‘(A) To carry firearms.

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

13 process issued under the authority of the United

14 States.

15 ‘‘(C) To make arrests without warrant for—

16 ‘‘(i) any offense against the United States

17 committed in the agent’s presence; or

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

19 of the United States if the agent has probable

20 cause to believe that the person to be arrested

21 has committed or is committing the felony.

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

23 be exercised only in the enforcement of statutes for which

24 the Coast Guard has law enforcement authority, or in exi25 gent circumstances.
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1 ‘‘(b) The Commandant may designate to have the au2 thority provided under subsection (a) any special agent of

3 the Coast Guard Investigative Service whose duties in4 clude conducting, supervising, or coordinating investiga5 tion of criminal activity in programs and operations of the

6 United States Coast Guard.

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

8 shall be exercised in accordance with guidelines prescribed

9 by the Commandant and approved by the Attorney Gen10 eral and any other applicable guidelines prescribed by the

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

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

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

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

15 95 and inserting the following:

‘‘95. Special agents of the Coast Guard Investigative Service law enforcement authority.’’.

16 SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.

17 Not later than 9 months after the date of enactment

18 of this Act, the Administrator of the General Services Ad19 ministration and the Commandant of the Coast Guard

20 shall submit to the Congress a report on the current proce21 dures used to dispose of excess Coast Guard property and

22 provide recommendations to improve such procedures. The

23 recommendations shall take into consideration measures

24 that would—
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1 (1) improve the efficiency of such procedures;

2 (2) improve notification of excess property deci3 sions to and enhance the participation in the prop4 erty disposal decisionmaking process of the States,

5 local communities, and appropriate non-profit orga6 nizations;

7 (3) facilitate the expeditious transfer of excess

8 property for recreation, historic preservation, edu9 cation, transportation, or other uses that benefit the

10 general public; and

11 (4) ensure that the interests of Federal tax12 payers are protected.

13 SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.

14 Section 2110 of title 46, United States Code, is

15 amended by adding at the end thereof the following:

16 ‘‘(k) The Secretary may not plan, implement or final17 ize any regulation that would promulgate any new mari18 time user fee which was not implemented and collected

19 prior to January 1, 1998, including a fee or charge for

20 any domestic icebreaking service or any other navigational

21 assistance service. This subsection expires on September

22 30, 2001.’’.

23 SEC. 208. AIDS TO NAVIGATION REPORT.

24 Not later than 18 months after the date of enactment

25 of this Act, the Commandant of the Coast Guard shall
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1 submit to Congress a report on the use of the Coast

2 Guard’s aids to navigation system. The report shall in3 clude an analysis of the respective use of the aids to navi4 gation system by commercial interests, members of the

5 general public for personal recreation, Federal and State

6 government for public safety, defense, and other similar

7 purposes. To the extent practicable within the time al8 lowed, the report shall include information regarding de9 gree of use of the various portions of the system.

10 TITLE III—MARINE SAFETY

11 SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN

12 LAWS.

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

14 102 of the Ports and Waterways Safety Act (33 U.S.C.

15 1222) is amended by adding at the end the following:

16 ‘‘(5) ‘Navigable waters of the United States’ in17 cludes all waters of the territorial sea of the United

18 States as described in Presidential Proclamation

19 5928 of December 27, 1988.’’.

20 (b) SUBTITLE II OF TITLE 46.—

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

22 Code, is amended—

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

24 paragraph (17b); and
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1 (B) by inserting after paragraph (17) the

2 following:

3 ‘‘(17a) ‘navigable waters of the United States’

4 includes all waters of the territorial sea of the

5 United States as described in Presidential Proclama6 tion 5928 of December 27, 1988.’’.

7 (2) Section 2301 of that title is amended by in8 serting ‘‘(including the territorial sea of the United

9 States as described in Presidential Proclamation

10 5928 of December 27, 1988)’’ after ‘‘of the United

11 States’’.

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

13 striking ‘‘operating on the high seas’’ and inserting

14 ‘‘owned in the United States and operating beyond

15 3 nautical miles from the baselines from which the

16 territorial sea of the United States is measured’’.

17 (4) Section 4301(a) of that title is amended by

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

19 States as described in Presidential Proclamation

20 5928 of December 27, 1988)’’ after ‘‘of the United

21 States’’.

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

23 by striking ‘‘on the high seas’’ and inserting ‘‘be24 yond 3 nautical miles from the baselines from which
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1 the territorial sea of the United States is measured,

2 and which are owned in the United States’’.

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

4 striking paragraph (2) and inserting the following:

5 ‘‘(2) is operating—

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

7 States; or

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

9 baselines from which the territorial sea of the

10 United States is measured.’’.

11 (7) Section 8502(a)(3) of that title is amended

12 by striking ‘‘not on the high seas’’ and inserting:

13 ‘‘not beyond 3 nautical miles from the baselines

14 from which the territorial sea of the United States

15 is measured’’.

16 (8) Section 8503(a)(2) of that title is amended

17 by striking paragraph (2) and inserting the follow18 ing:

19 ‘‘(2) operating—

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

21 States; or

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

23 baselines from which the territorial sea of the

24 United States is measured.’’.
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1 SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE

2 OPERATION OF A VESSEL.

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

4 States Code, is amended—

5 (1) by amending the section heading to read as

6 follows:

7 ‘‘§ 2302. Penalties for negligent operations and inter8 fering with safe operation’’;

9 and

10 (2) in subsection (a) by striking ‘‘that endan11 gers’’ and inserting ‘‘or interfering with the safe op12 eration of a vessel, so as to endanger’’.

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

14 at the beginning of chapter 23 of title 46, United States

15 Code, is amended by striking the item relating to section

16 2302 and inserting the following:

‘‘2302. Penalties for negligent operations and interfering with safe operation.’’.

17 SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

18 Section 9307 of title 46, United States Code, is

19 amended to read as follows:

20 ‘‘§ 9307. Great Lakes Pilotage Advisory Committee

21 ‘‘(a) The Secretary shall establish a Great Lakes Pi22 lotage Advisory Committee. The Committee—

23 ‘‘(1) may review proposed Great Lakes pilotage

24 regulations and policies and make recommendations
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1 to the Secretary that the Committee considers ap2 propriate;

3 ‘‘(2) may advise, consult with, report to, and

4 make recommendations to the Secretary on matters

5 relating to Great Lakes pilotage;

6 ‘‘(3) may make available to the Congress rec7 ommendations that the Committee makes to the Sec8 retary; and

9 ‘‘(4) shall meet at the call of—

10 ‘‘(A) the Secretary, who shall call such a

11 meeting at least once during each calendar

12 year; or

13 ‘‘(B) a majority of the Committee.

14 ‘‘(b)(1) The Committee shall consist of 7 members

15 appointed by the Secretary in accordance with this sub16 section, each of whom has at least 5 years practical experi17 ence in maritime operations. The term of each member

18 is for a period of not more than 5 years, specified by the

19 Secretary. Before filling a position on the Committee, the

20 Secretary shall publish a notice in the Federal Register

21 soliciting nominations for membership on the Committee.

22 ‘‘(2) The membership of the Committee shall in23 clude—

24 ‘‘(A) 3 members who are practicing Great

25 Lakes pilots and who reflect a regional balance;
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1 ‘‘(B) 1 member representing the interests of

2 vessel operators that contract for Great Lakes pilot3 age services;

4 ‘‘(C) 1 member representing the interests of

5 Great Lakes ports;

6 ‘‘(D) 1 member representing the interests of

7 shippers whose cargoes are transported through

8 Great Lakes ports; and

9 ‘‘(E) 1 member representing the interests of the

10 general public, who is an independent expert on the

11 Great Lakes maritime industry.

12 ‘‘(c)(1) The Committee shall elect one of its members

13 as the Chairman and one of its members as the Vice

14 Chairman. The Vice Chairman shall act as Chairman in

15 the absence or incapacity of the Chairman, or in the event

16 of a vacancy in the office of the Chairman.

17 ‘‘(2) The Secretary shall, and any other interested

18 agency may, designate a representative to participate as

19 an observer with the Committee. The representatives shall,

20 as appropriate, report to and advise the Committee on

21 matters relating to Great Lakes pilotage. The Secretary’s

22 designated representative shall act as the executive sec23 retary of the Committee and shall perform the duties set

24 forth in section 10(c) of the Federal Advisory Committee

25 Act (5 U.S.C. App.).
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1 ‘‘(d)(1) The Secretary shall, whenever practicable,

2 consult with the Committee before taking any significant

3 action relating to Great Lakes pilotage.

4 ‘‘(2) The Secretary shall consider the information,

5 advice, and recommendations of the Committee in formu6 lating policy regarding matters affecting Great Lakes pi7 lotage.

8 ‘‘(e)(1) A member of the Committee, when attending

9 meetings of the Committee or when otherwise engaged in

10 the business of the Committee, is entitled to receive—

11 ‘‘(A) compensation at a rate fixed by the Sec12 retary, not exceeding the daily equivalent of the cur13 rent rate of basic pay in effect for GS–18 of the

14 General Schedule under section 5332 of title 5 in15 cluding travel time; and

16 ‘‘(B) travel or transportation expenses under

17 section 5703 of title 5.

18 ‘‘(2) A member of the Committee shall not be consid19 ered to be an officer or employee of the United States for

20 any purpose based on their receipt of any payment under

21 this subsection.

22 ‘‘(f)(1) The Federal Advisory Committee Act (5

23 U.S.C. App.) applies to the Committee, except that the

24 Committee terminates on September 30, 2003.
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1 ‘‘(2) 2 years before the termination date set forth in

2 paragraph (1) of this subsection, the Committee shall sub3 mit to the Congress its recommendation regarding wheth4 er the Committee should be renewed and continued beyond

5 the termination date.’’.

6 SEC. 304. ALCOHOL TESTING.

7 (a) ADMINSTRATIVE PROCEDURE.—Section 7702 of

8 title 46, United States Code, is amended by striking the

9 second sentence of subsection (c)(2) and inserting the fol10 lowing: ‘‘The testing may include preemployment (with re11 spect to dangerous drugs only), periodic, random, and rea12 sonable cause testing, and shall include post-accident test13 ing.’’.

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

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

16 ‘‘$1,000’’ and inserting ‘‘$5,000’’.

17 (c) INCREASE IN NEGLIGENCE PENALTY.—Section

18 2302(c)(1) of title 46, United States Code, is amended

19 by striking ‘‘$1,000 for a first violation and not more than

20 $5,000 for a subsequent violation; or’’ and inserting

21 ‘‘$5,000; or’’.

22 (d) POST SERIOUS MARINE CASUALTY TESTING.—

23 (1) Chapter 23 of title 46, United States Code,

24 is amended by inserting after section 2303 the fol25 lowing:
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1 ‘‘§2303a. Post serious marine casualty alcohol testing

2 ‘‘(a) The Secretary shall establish procedures to en3 sure that after a serious marine casualty occurs, alcohol

4 testing of crew members or other persons responsible for

5 the operation or other safety-sensitive functions of the ves6 sel or vessels involved in such casualty is conducted no

7 later than 2 hours after the casualty occurs, unless such

8 testing cannot be completed within that time due to safety

9 concerns directly related to the casualty.

10 ‘‘(b) The procedures in subsection (a) shall require

11 that if alcohol testing cannot be completed within 2 hours

12 of the occurrence of the casualty, such testing shall be con13 ducted as soon thereafter as the safety concerns in sub14 section (a) have been adequately addressed to permit such

15 testing, except that such testing may not be required more

16 than 8 hours after the casualty occurs.’’.

17 (2) The table of sections at the beginning of

18 chapter 23 of title 46, United States Code, is

19 amended by inserting after the item related to sec20 tion 2303 the following:

‘‘2303a. Post serious marine casualty alcohol testing’’.

21 SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS

22 FROM MANDATORY RELEASE.

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

24 amended by striking all after ‘‘public’’ and inserting a pe25 riod and ‘‘This subsection does not require the release of
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1 information described by section 552(b) of title 5 or pro2 tected from disclosure by another law of the United

3 States.’’.

4 SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POL5 ICY.

6 (a) REPORT ON IMPLEMENTATION AND ENFORCE7 MENT OF THE INTERNATIONAL SAFETY MANAGEMENT

8 CODE.—

9 (1) The Secretary of Transportation (in this

10 section referred to as the ‘‘Secretary’’) shall conduct

11 a study—

12 (A) reporting on the status of implementa13 tion of the International Safety Management

14 Code (hereinafter referred to in this section as

15 ‘Code’);

16 (B) detailing enforcement actions involving

17 the Code, including the role documents and re18 ports produced pursuant to the Code play in

19 such enforcement actions;

20 (C) evaluating the effects the Code has had

21 on marine safety and environmental protection,

22 and identifying actions to further promote ma23 rine safety and environmental protection

24 through the Code;
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1 (D) identifying actions to achieve full com2 pliance with and effective implementation of the

3 Code; and

4 (E) evaluating the effectiveness of internal

5 reporting and auditing under the Code, and rec6 ommending actions to ensure the accuracy and

7 candidness of such reporting and auditing.

8 These recommended actions may include proposed

9 limits on the use in legal proceedings of documents

10 produced pursuant to the Code.

11 (2) The Secretary shall provide opportunity for

12 the public to participate in and comment on the

13 study conducted under paragraph (1).

14 (3) Not later than 18 months after the date of

15 enactment of this Act, the Secretary shall submit to

16 the Congress a report on the results of the study

17 conducted under paragraph (1).

18 (b) POLICY.—

19 (1) Not later than 9 months after submission of

20 the report in subsection (a)(3), the Secretary shall

21 develop a policy to achieve full compliance with and

22 effective implementation of the Code. The policy

23 may include—

24 (A) enforcement penalty reductions and

25 waivers, limits on the use in legal proceedings
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1 of documents produced pursuant to the Code,

2 or other incentives to ensure accurate and can3 did reporting and auditing;

4 (B) any other measures to achieve full

5 compliance with and effective implementation of

6 the Code; and

7 (C) if appropriate, recommendations to

8 Congress for any legislation necessary to imple9 ment one or more elements of the policy.

10 (2) The Secretary shall provide opportunity for

11 the public to participate in the development of the

12 policy in paragraph (1).

13 (3) Upon completion of the policy in paragraph

14 (1), the Secretary shall publish the policy in the

15 Federal Register and provide opportunity for public

16 comment on the policy.

17 SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION

18 AND REPORT.

19 (a) DEFINITION OF OIL.—Section 1001(23) of the

20 Oil Pollution Act of 1990 (33 U.S.C. 2701(23)) is amend21 ed to read as follows:

22 ‘‘(23) ‘oil’ means oil of any kind or in any form,

23 including petroleum, fuel oil, sludge, oil refuse, and

24 oil mixed with wastes other than dredged spoil, but

25 does not include any substance which is specifically
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1 listed or designated as a hazardous substance under

2 subparagraphs (A) through (F) of section 101(14)

3 of the Comprehensive Environmental Response,

4 Compensation, and Liability Act (42 U.S.C. 9601)

5 and which is subject to the provisions of that Act;’’.

6 (b) REPORT.—Not later than 6 months after the date

7 of enactment of this Act, the Commandant of the Coast

8 Guard shall submit a report to the Congress on the status

9 of the joint evaluation by the Coast Guard and the Envi10 ronmental Protection Agency of the substances to be clas11 sified as oils under the Federal Water Pollution Control

12 Act and title I of the Oil Pollution Act of 1990, including

13 opportunities provided for public comment on the evalua14 tion.

15 SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.

16 (a) IN GENERAL.—The Secretary of Transportation,

17 through the Coast Guard and the Maritime Administra18 tion, shall, in consultation with the National Ocean Service

19 of the National Oceanic and Atmospheric Administration,

20 the Corps of Engineers, and other interested Federal

21 agencies and departments, establish a task force to assess

22 the adequacy of the nation’s marine transportation system

23 (including ports, waterways, harbor approach channels,

24 and their intermodal connections) to operate in a safe, ef25 ficient, secure, and environmentally sound manner.
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1 (b) TASK FORCE.—

2 (1) The task force shall be chaired by the Sec3 retary of Transportation or his designee and may be

4 comprised of the representatives of interested Fed5 eral agencies and departments and such other non6 federal entities as the Secretary deems appropriate.

7 (2) The provisions of the Federal Advisory

8 Committee Act shall not apply to the task force.

9 (c) ASSESSMENT.—

10 (1) In carrying out the assessment under this

11 section, the task force shall examine critical issues

12 and develop strategies, recommendations, and a plan

13 for action. Pursuant to such examination and devel14 opment, the task force shall—

15 (A) take into account the capability of the

16 marine transportation system, the adequacy of

17 depth of approach channels and harbors, and

18 the cost to the Federal Government to accom19 modate projected increases in foreign and do20 mestic traffic over the next 20 years;

21 (B) consult with senior public and private

22 sector officials, including the users of that sys23 tem, such as ports, commercial carriers, ship24 pers, labor, recreational boaters, fishermen, and

25 environmental organizations;
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1 (C) sponsor public and private sector ac2 tivities to further refine and implement (under

3 existing authority) the strategies, recommenda4 tions, and plan for action;

5 (D) evaluate the capability to dispose of

6 dredged materials that will be produced to ac7 commodate projected increases referred to in

8 subparagraph (A); and

9 (E) evaluate the future of the navigational

10 aid system including the use of virtual aids to

11 navigation on electronic charts.

12 (2) The Secretary shall report to Congress on

13 the results of the assessment no later than July 1,

14 1999. The report shall reflect the views of both the

15 public and private sectors. The Task Force shall

16 cease to exist upon submission of the report in this

17 paragraph.

18 SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR REC19 REATIONAL VESSELS.

20 The Secretary of Transportation, through the Coast

21 Guard and in consultation with the National Transpor22 tation Safety Board and recreational boating organiza23 tions, shall, within 24 months of the date of enactment

24 of this Act, assess and report to Congress on the use of

25 emergency position indicating beacons (EPIRBs) and
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1 similar devices by operators of recreational vessels on the

2 Intracoastal Waterway and operators of recreational ves3 sels beyond the Boundary Line. The assessment shall at

4 a minimum—

5 (1) evaluate the current availability and use of

6 EPIRBs and similar devices by the operators of rec7 reational vessels and the actual and potential con8 tribution of such devices to recreational boating safe9 ty; and

10 (2) provide recommendations on policies and

11 programs to encourage the availability and use of

12 EPIRBS and similar devices by the operators of rec13 reational vessels.

14 SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.

15 Not later than 9 months after the date of enactment

16 of this Act, the Commandant shall submit a report to the

17 Committee on Commerce, Science, and Transportation of

18 the Senate and the Committee on Transportation and In19 frastructure of the House of Representatives—

20 (1) identifying waters out to 50 miles from the

21 territorial sea of Maine and other States that cannot

22 currently be served by a Coast Guard search and

23 rescue helicopter within 2 hours of a report of dis24 tress or request for assistance from such waters;
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1 (2) providing options for ensuring that all wa2 ters of the area referred to in paragraph (1) can be

3 served by a Coast Guard search and rescue heli4 copter within 2 hours of a report of distress or re5 quest for assistance from such waters;

6 (3) providing an analysis assessing the overall

7 capability of Coast Guard search and rescue assets

8 to serve each area referred to in paragraph (1) with9 in 2 hours of a report of distress or request for as10 sistance from such waters; and

11 (4) identifying, among any other options the

12 Commandant may provide as required by paragraph

13 (2), locations in the State of Maine that may be

14 suitable for the stationing of a Coast Guard search

15 and rescue helicopter and crew, including any Coast

16 Guard facility in Maine, the Bangor Air National

17 Guard Base, and any other locations.

18 SEC. 311. PETROLEUM TRANSPORTATION.

19 (a) DEFINITIONS.—In this section:

20 (1) FIRST COAST GUARD DISTRICT.—The term

21 ‘‘First Coast Guard District’’ means the First Coast

22 Guard District described in section 3.05-1(b) of title

23 33, Code of Federal Regulations.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the department in which the Coast

3 Guard is operating.

4 (3) WATERS OF THE NORTHEAST.—The term

5 ‘‘waters of the Northeast’’—

6 (A) means the waters subject to the juris7 diction of the First Coast Guard District; and

8 (B) includes the waters of Long Island

9 Sound.

10 (b) REGULATIONS RELATING TO WATERS OF THE

11 NORTHEAST.—

12 (1) TOWING VESSEL AND BARGE SAFETY FOR

13 WATERS OF THE NORTHEAST.—

14 (A) IN GENERAL.—Not later than Decem15 ber 31, 1998, the Secretary shall promulgate

16 regulations for towing vessel and barge safety

17 for the waters of the Northeast.

18 (B) INCORPORATION OF RECOMMENDA19 TIONS.—

20 (i) IN GENERAL.—Except as provided

21 in clause (ii), the regulations promulgated

22 under this paragraph shall give full consid23 eration to each of the recommendations for

24 regulations contained in the report entitled

25 ‘‘Regional Risk Assessment of Petroleum
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1 Transportation in the Waters of the

2 Northeast United States’’ issued by the

3 Regional Risk Assessment Team for the

4 First Coast Guard District on February 6,

5 1997, and the Secretary shall provide a de6 tailed explanation if any recommendation

7 is not adopted.

8 (ii) EXCLUDED RECOMMENDA9 TIONS.—The regulations promulgated

10 under this paragraph shall not incorporate

11 any recommendation referred to in clause

12 (i) that relates to anchoring or barge re13 trieval systems.

14 (2) ANCHORING AND BARGE RETRIEVAL SYS15 TEMS.—

16 (A) IN GENERAL.—Not later than Novem17 ber 30, 1998, the Secretary shall promulgate

18 regulations under section 3719 of title 46,

19 United States Code, for the waters of the

20 Northeast, that shall give full consideration to

21 each of the recommendations made in the re22 port referred to in paragraph (1)(B)(i) relating

23 to anchoring and barge retrieval systems, and

24 the Secretary shall provide a detailed expla25 nation if any recommendation is not adopted.
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1 (B) RULE OF CONSTRUCTION.—Nothing in

2 subparagraph (A) prevents the Secretary from

3 promulgating interim final regulations that

4 apply throughout the United States relating to

5 anchoring and barge retrieval systems that con6 tain requirements that are as stringent as the

7 requirements of the regulations promulgated

8 under subparagraph (A).

9 SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RES10 CUE CAPABILITY.

11 The Secretary of Transportation is authorized to take

12 appropriate actions to ensure the establishment and oper13 ation by the Coast Guard of a helicopter air rescue capa14 bility that—

15 (1) is located at Gabreski Airport,

16 Westhampton, New York; and

17 (2) provides air rescue capability from that lo18 cation from April 15 to October 15 each year.

19 SEC. 313. SHIP REPORTING SYSTEMS.

20 Section 11 of the Ports and Waterways Safety Act

21 (Public Law 92-340; 33 U.S.C. 1230), is amended by add22 ing at the end of the following:

23 ‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in

24 cooperation with the International Maritime Organization,

25 is authorized to implement and enforce two mandatory
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1 ship reporting systems, consistent with international law,

2 with respect to vessels subject to such reporting systems

3 entering the following areas of the Atlantic Ocean: Cape

4 Cod Bay, Massachusetts Bay, and Great South Channel

5 (in the area generally bounded by a line starting from a

6 point on Cape Ann, Massachusetts at 42 deg. 39’ N., 70

7 deg. 37’ W; then northeast to 42 deg. 45’ N., 70 deg.

8 13’ W; then southeast to 42 deg. 10’ N., 68 deg. 31 W,

9 then south to 41 deg. 00’ N., 68 deg. 31’ W; then west

10 to 41 deg. 00’ N., 69 deg. 17’ W; then northeast to 42

11 deg. 05’ N., 70 deg. 02’ W, then west to 42 deg. 04’ N.,

12 70 deg. 10’ W; and then along the Massachusetts shoreline

13 of Cape Cod Bay and Massachusetts Bay back to the point

14 on Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W) and in

15 the coastal waters of the Southeastern United States with16 in about 25 nm along a 90 nm stretch of the Atlantic

17 seaboard (in an area generally extending from the shore18 line east to longitude 80 deg. 51.6’ W with the southern

19 and northern boundary at latitudes 30 deg. 00’ N., 31

20 deg. 27’ N., respectively).’’.

21 TITLE IV—MISCELLANEOUS

22 SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

23 (a) IN GENERAL.—Chapter 121 of title 46, United

24 States Code, is amended—
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1 (1) by striking ‘‘or is not titled in a State’’ in

2 section 12102(a);

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

4 ‘‘§12124. Surrender of title and number

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

6 State or required to display numbers under chapter 123,

7 and any certificate of title issued by a State for a docu8 mented vessel shall be surrendered in accordance with reg9 ulations prescribed by the Secretary of Transportation.

10 ‘‘(b) The Secretary may approve the surrender under

11 subsection (a) of a certificate of title for a vessel covered

12 by a preferred mortgage under section 31322(d) of this

13 title only if the mortgagee consents.’’.

14 (b) CONFORMING AMENDMENT.—The chapter analy15 sis for chapter 121 of title 46, United States Code, is

16 amended by adding at the end thereof the following:

‘‘12124. Surrender of title and number’’.

17 (c) OTHER AMENDMENTS.—Title 46, United States

18 Code, is amended—

19 (1) by striking section 31322(b) and inserting

20 the following:

21 ‘‘(b) Any indebtedness secured by a preferred mort22 gage that is filed or recorded under this chapter, or that

23 is subject to a mortgage, security agreement, or instru24 ments granting a security interest that is deemed to be
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1 a preferred mortgage under subsection (d) of this section,

2 may have any rate of interest to which the parties agree.’’;

3 (2) by striking ‘‘mortgage or instrument’’ each

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

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

6 (3) by striking section 31322(d)(3) and insert7 ing the following:

8 ‘‘(3) A preferred mortgage under this sub9 section continues to be a preferred mortgage even if

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

11 mortgage, security agreement, or instrument grant12 ing a security interest became a preferred mortgage

13 under this subsection.’’;

14 (4) by striking ‘‘mortgages or instruments’’ in

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

16 security agreements, or instruments’’;

17 (5) by inserting ‘‘a vessel titled in a State,’’ in

18 section 31325(b)(1) after ‘‘a vessel to be docu19 mented under chapter 121 of this title,’’;

20 (6) by inserting ‘‘a vessel titled in a State,’’ in

21 section 31325(b)(3) after ‘‘a vessel for which an ap22 plication for documentation is filed under chapter

23 121 of this title,’’; and
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1 (7) by inserting ‘‘a vessel titled in a State,’’ in

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

3 under chapter 121 of this title,’’.

4 SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAIN5 ING FACILITY, JACKSONVILLE, FLORIDA.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law—

8 (1) the land and improvements thereto compris9 ing the Coast Guard Reserve training facility in

10 Jacksonville, Florida, is deemed to be surplus prop11 erty; and

12 (2) the Commandant of the Coast Guard shall

13 dispose of all right, title, and interest of the United

14 States in and to that property, by sale, at fair mar15 ket value.

16 (b) RIGHT OF FIRST REFUSAL.—Before a sale is

17 made under subsection (a) to any other person, the Com18 mandant of the Coast Guard shall give to the city of Jack19 sonville, Florida, the right of first refusal to purchase all

20 or any part of the property required to be sold under that

21 subsection.

22 SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.

23 (a) GENERAL WAIVER.—Notwithstanding section 27

24 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),

25 section 8 of the Act of June 19, 1886 (46 App. U.S.C.
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1 289), and sections 12106 and 12108 of title 46, United

2 States Code, the Secretary of Transportation may issue

3 a certificate of documentation with appropriate endorse4 ment for each of the following vessels:

5 (1) SEAGULL (United States official number

6 1038605).

7 (2) BAREFOOT CONTESA (United States of8 ficial number 285410).

9 (3) PRECIOUS METAL (United States official

10 number 596316).

11 (4) BLUE HAWAII (State of Florida registra12 tion number FL0466KC).

13 (5) SOUTHERN STAR (United States official

14 number 650774).

15 (6) KEEWAYDIN (United States official num16 ber 662066).

17 (7) W.G. JACKSON (United States official

18 number 1047199).

19 (8) The vessel known as hopper barge E–15

20 (North Carolina State official number 264959).

21 (9) MIGHTY JOHN III (formerly the NIAG22 ARA QUEEN, Canadian registration number

23 318746).

24 (10) MAR Y PAZ (United States official num25 ber 668179).
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1 (11) SAMAKEE (State of New York registra2 tion number NY 4108 FK).

3 (12) NAWNSENSE (United States official

4 number 977593).

5 (13) ELMO (State of Florida registration num6 ber FL5337BG).

7 (14) MANA-WANUI (United States official

8 number 286657).

9 (15) OLD JOE (formerly TEMPTRESS;

10 United States official number 991150).

11 (16) M/V BAHAMA PRIDE (United States of12 ficial number 588647).

13 (17) WINDWISP (United States official num14 ber 571621).

15 (18) SOUTHLAND (United States official

16 number 639705).

17 (19) FJORDING (United States official num18 ber 594363).

19 (20) M/V SAND ISLAND (United States offi20 cial number 542918).

21 (21) PACIFIC MONARCH (United States offi22 cial number 557467).

23 (22) FLAME (United States official number

24 279363).
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1 (23) DULARGE (United States official number

2 653762).

3 (24) DUSKEN IV (United States official num4 ber 952645).

5 (25) SUMMER BREEZE (United States offi6 cial number 552808).

7 (26) ARCELLA (United States official number

8 1025983).

9 (27) BILLIE-B-II (United States official num10 ber 982069).

11 (28) VESTERHAVET (United States official

12 number 979206).

13 (29) BETTY JANE (State of Virginia registra14 tion number VA 7271 P).

15 (30) VORTICE, Bari, Italy, registration num16 ber 256.

17 (31) The barge G. L. 8 (Canadian official num18 ber 814376).

19 (32) YESTERDAYS DREAM (United States

20 official number 680266).

21 (33) ENFORCER (United States official num22 ber 502610).

23 (34) The vessel registered as State of Oregon

24 registration number OR 766 YE.
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1 (35) AMICI (United States official number

2 658055).

3 (36) ELIS (United States official number

4 628358).

5 (37) STURE (United States official number

6 617703).

7 (38) CAPT GRADY (United States official

8 number 626257).

9 (39) Barge number 1 (United States official

10 number 933248).

11 (40) Barge number 2 (United States official

12 number 256944).

13 (41) Barge number 14 (United States official

14 number 501212).

15 (42) Barge number 18 (United States official

16 number 297114).

17 (43) Barge number 19 (United States official

18 number 503740).

19 (44) Barge number 21 (United States official

20 number 650581).

21 (45) Barge number 22 (United States official

22 number 650582).

23 (46) Barge number 23 (United States official

24 number 650583).
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1 (47) Barge number 24 (United States official

2 number 664023).

3 (48) Barge number 25 (United States official

4 number 664024).

5 (49) Barge number 26 (United States official

6 number 271926).

7 (50) FULL HOUSE (United States official

8 number 1023827).

9 (51) EMBARCADERO (United States official

10 number 669327).

11 (52) S.A., British Columbia (Canada official

12 number 195214).

13 (53) FAR HORIZONS (United States official

14 number 1044011).

15 (54) LITTLE TOOT (United States official

16 number 938858).

17 (55) EAGLE FEATHERS (United States offi18 cial number 1020989).

19 (56) ORCA (United States official number

20 665270).

21 (57) TAURUS (United States official number

22 955814).

23 (58) The barge KC–251 (United States official

24 number CG019166; National Vessel Documentation

25 Center number 1055559).
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1 (59) VIKING (United States official number

2 224430).

3 (60) SARAH B (United States official number

4 928431).

5 (b) FALLS POINT.—Notwithstanding section 27 of

6 the Merchant Marine Act, 1920 (46 U.S.C. App. 883),

7 section 8 of the Act of June 19, 1886 (46 U.S.C. App.

8 289), and section 12106 of title 46, United States Code,

9 the Secretary of Transportation may issue a certificate of

10 documentation with appropriate endorsement for employ11 ment in the coastwise trade for the vessel FALLS POINT,

12 State of Maine registration number ME 5435 E.

13 (c) COASTAL TRADER.—Section 1120(g) of the

14 Coast Guard Authorization Act of 1996 (Public Law 104–

15 324; 110 Stat. 3978) is amended by inserting ‘‘COASTAL

16 TRADER (United States official number 683227),’’ after

17 ‘‘vessels’’.

18 (d) NINA, PINTA, AND SANTA MARIA REP19 LICAS.—

20 (1) IN GENERAL.—Notwithstanding section 27

21 of the Merchant Marine Act, 1920 (46 U.S.C. App.

22 883), section 8 of the Act of June 19, 1886 (46

23 U.S.C. App. 289), and section 12106 of title 46,

24 United States Code, the Secretary may issue a cer25 tificate of documentation with appropriate endorse-
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1 ment for employment in the coastwise trade only for

2 the purpose of carrying passengers for hire for each

3 of the vessels listed in paragraph (2).

4 (2) VESSEL DESCRIPTIONS.—The vessels re5 ferred to in paragraph (1) are the following:

6 (A) NINA (United States Coast Guard

7 vessel identification number CG034346).

8 (B) PINTA (United States Coast Guard

9 vessel identification number CG034345).

10 (C) NAO SANTA MARIA (United States

11 Coast Guard vessel identification number

12 CG034344).

13 (e) DOCUMENTATION OF VESSEL COLUMBUS.—

14 (1) IN GENERAL.—Notwithstanding section 27

15 of the Merchant Marine Act, 1920 (46 App. U.S.C.

16 883), sections 12102 and 12106 of title 46, United

17 States Code, and the endorsement limitation in sec18 tion 5501(a)(2)(B) of Public Law 102–587, and

19 subject to paragraph (2), the Secretary of Transpor20 tation may issue a certificate of documentation with

21 appropriate endorsement for employment in the

22 coastwise trade for the vessel COLUMBUS (United

23 States official number 590658).

24 (2) LIMITATION.—Coastwise trade referred to

25 in paragraph (1) may not include the transportation
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1 of dredged material from a project in which the stat2 ed intent of the Corps of Engineers, in its Construc3 tion Solicitation, or of another contracting entity, is

4 that the dredged material is—

5 (A) to be deposited above mean high tide

6 for the purpose of beach nourishment;

7 (B) to be deposited into a fill area for the

8 purpose of creation of land for an immediate

9 use identified in the Construction Solicitation

10 other than disposal of the dredged material; or

11 (C) for the intention of immediate sale or

12 resale unrelated to disposal.

13 (f) FOILCAT.—

14 (1) IN GENERAL.—Notwithstanding sections

15 12106 and 12108 of title 46, United States Code,

16 section 8 of the Passenger Vessel Act (46 U.S.C.

17 App. 289), and section 27 of the Merchant Marine

18 Act, 1920 (46 U.S.C. App. 883), the Secretary of

19 Transportation may issue a certificate of documenta20 tion with appropriate endorsement for employment

21 in the coastwise trade for the vessel FOILCAT

22 (United States official number 1063892). The en23 dorsement shall provide that the vessel shall operate

24 under the certificate of documentation only within

25 the State of Hawaii and that the vessel shall not op-
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1 erate on any route served by a passenger ferry as of

2 the date the Secretary of Transportation issues a

3 certificate of documentation under this Act.

4 (2) TERMINATION.—The endorsement issued

5 under paragraph (1) shall be in effect for the vessel

6 FOILCAT for the period—

7 (A) beginning on the date on which the

8 vessel is placed in service to initiate a high9 speed marine ferry demonstration project spon10 sored by the State of Hawaii; and

11 (B) ending on the last day of the 36th

12 month beginning after the date on which it be13 came effective under subparagraph (A).

14 SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUN15 TY, MASSACHUSETTS.

16 (a) IN GENERAL.—The Commandant of the Coast

17 Guard, may convey, by an appropriate means of convey18 ance, all right, title, and interest of the United States in

19 and to the United States Coast Guard Recreation Facility

20 Nahant, Massachusetts, to the Town of Nahant (the

21 ‘‘Town’’) unless the Commandant, or his delegate, in his

22 sole discretion determines that the conveyance would not

23 provide a public benefit.
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1 (b) IDENTIFICATION OF PROPERTY.—The Com2 mandant may identify, describe, and determine the prop3 erty to be conveyed under this section.

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

5 property under this section shall be made—

6 (1) without payment of consideration; and

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

8 Commandant may consider appropriate to protect

9 the interests of the United States, including the res10 ervation of easements or other rights on behalf of

11 the United States.

12 (d) REVERSIONARY INTEREST.—The conveyance of

13 real property pursuant to this section shall be subject to

14 the condition that all right, title, and interest in such

15 property shall immediately revert to the United States if—

16 (1) the property, or any part thereof, ceases to

17 be owned and used by the Town;

18 (2) the Town fails to maintain the property

19 conveyed in a manner consistent with the terms and

20 conditions in subsection (c); or

21 (3) at least 30 days before such reversion, the

22 Commandant provides written notice to the Town

23 that the property conveyed is needed for national se24 curity purposes.
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1 SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.

2 Notwithstanding any other provision of law, the

3 liftbridge over the back channel of the Schuylkill River in

4 Philadelphia, Pennsylvania, is deemed to unreasonably ob5 struct navigation.

6 SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RE7 SPONSE VESSELS.

8 Section 1004 of the Oil Pollution Act of 1990 (33

9 U.S.C. 2704) is amended—

10 (1) in subsection (a)(1), by striking ‘‘(except’’

11 and all that follows through ‘‘Act)’’ and inserting a

12 comma; and

13 (2) by adding at the end of subsection (c) the

14 following:

15 ‘‘(4) CERTAIN TANK VESSELS.—Subsection

16 (a)(1) shall not apply to—

17 ‘‘(A) a tank vessel on which the only oil

18 carried as cargo is an animal fat or vegetable

19 oil, as those terms are used in section 2 of the

20 Edible Oil Regulatory Reform Act; and

21 ‘‘(B) a tank vessel that is designated in its

22 certificate of inspection as an oil spill response

23 vessel (as that term is defined in section 2101

24 of title 46, United States Code) and that is

25 used solely for removal.’’.
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1 SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO

2 JACKSONVILLE UNIVERSITY IN JACKSON3 VILLE, FLORIDA.

4 (a) AUTHORITY TO CONVEY.—

5 (1) IN GENERAL.—The Secretary of Transpor6 tation may convey to Jacksonville University, located

7 in Jacksonville, Florida, without consideration, all

8 right, title, and interest of the United States in and

9 to the property comprising the Long Branch Rear

10 Range Light, Jacksonville, Florida.

11 (2) IDENTIFICATION OF PROPERTY.—The Sec12 retary may identify, describe, and determine the

13 property to be conveyed under this section.

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

15 any property under this section shall be made—

16 (1) subject to the terms and conditions the

17 Commandant may consider appropriate; and

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

19 and interest in and to property conveyed shall imme20 diately revert to the United States if the property,

21 or any part thereof, ceases to be used by Jackson22 ville University.
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1 SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL

2 SAFETY CONVENTION.

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

4 States Code, is amended by adding at the end the follow5 ing new subsection:

6 ‘‘(e)(1) A vessel may not transport Government-im7 pelled cargoes if—

8 ‘‘(A) the vessel has been detained and deter9 mined to be substandard by the Secretary for viola10 tion of an international safety convention to which

11 the United States is a party, and the Secretary has

12 published notice of that detention and determination

13 in an electronic form, including the name of the

14 owner of the vessel; or

15 ‘‘(B) the operator of the vessel has on more

16 than one occasion had a vessel detained and deter17 mined to be substandard by the Secretary for viola18 tion of an international safety convention to which

19 the United States is a party, and the Secretary has

20 published notice of that detention and determination

21 in an electronic form, including the name of the

22 owner of the vessel.

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

24 vessel on the earlier of—

25 ‘‘(A) 1 year after the date of the publication in

26 electronic form on which the prohibition is based; or
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1 ‘‘(B) any date on which the owner or operator

2 of the vessel prevails in an appeal of the violation of

3 the relevant international convention on which the

4 detention is based.

5 ‘‘(3) As used in this subsection, the term ‘Govern6 ment-impelled cargo’ means cargo for which a Federal

7 agency contracts directly for shipping by water or for

8 which (or the freight of which) a Federal agency provides

9 financing, including financing by grant, loan, or loan guar10 antee, resulting in shipment of the cargo by water.’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) takes effect January 1, 1999.

13 SEC. 409. COAST GUARD CITY, USA.

14 The Commandant of the Coast Guard may recognize

15 the community of Grand Haven, Michigan, as ‘‘Coast

16 Guard City, USA’’. If the Commandant desires to recog17 nize any other community in the same manner or any

18 other community requests such recognition from the Coast

19 Guard, the Commandant shall notify the Committee on

20 Commerce, Science, and Transportation of the Senate and

21 the Committee on Transportation and Infrastructure of

22 the House of Representatives 90 days prior to approving

23 such recognition.
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1 SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOS2 TON MARSHFIELD RECEIVER SITE, MASSA3 CHUSETTS.

4 (a) AUTHORITY TO CONVEY.—

5 (1) IN GENERAL.—The Commandant of the

6 Coast Guard may convey, by an appropriate means

7 of conveyance, all right, title, and interest of the

8 United States in and to the Coast Guard Commu9 nication Station Boston Marshfield Receiver Site,

10 Massachusetts, to the Town of Marshfield, Massa11 chusetts (the ‘‘Town’’) unless the Commandant, or

12 his delegate, in his sole discretion determines that

13 the conveyance would not provide a public benefit.

14 (2) LIMITATION.—The Commandant shall not

15 convey under this section the land on which is situ16 ated the communications tower and the microwave

17 building facility of that station.

18 (3) IDENTIFICATION OF PROPERTY.—

19 (A) The Commandant may identify, de20 scribe and determine the property to be con21 veyed to the Town under this section.

22 (B) The Commandant shall determine the

23 exact acreage and legal description of the prop24 erty to be conveyed under this section by a sur25 vey satisfactory to the Commandant. The cost

26 of the survey shall be borne by the Town.
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1 (b) TERMS AND CONDITIONS.—Any conveyance of

2 property under this section shall be made—

3 (1) without payment of consideration; and

4 (2) subject to the following terms and condi5 tions:

6 (A) The Commandant may reserve utility,

7 access, and any other appropriate easements on

8 the property conveyed for the purpose of oper9 ating, maintaining, and protecting the commu10 nications tower and the microwave building fa11 cility.

12 (B) The Town and its successors and as13 signs shall, at their own cost and expense,

14 maintain the property conveyed under this sec15 tion in a proper, substantial, and workmanlike

16 manner as necessary to ensure the operation,

17 maintenance, and protection of the communica18 tions tower and the microwave building facility.

19 (C) Any other terms and conditions the

20 Commandant considers appropriate to protect

21 the interests of the United States, including the

22 reservation of easements or other rights on be23 half of the United States.

24 (c) REVERSIONARY INTEREST.—The conveyance of

25 real property pursuant to this section shall be subject to
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1 the condition that all right, title, and interest in such

2 property shall immediately revert to the United States if—

3 (1) the property, or any part thereof, ceases to

4 be owned and used by the Town;

5 (2) the Town fails to maintain the property

6 conveyed in a manner consistent with the terms and

7 conditions in subsection (b); or

8 (3) at least 30 days before such reversion, the

9 Commandant provides written notice to the Town

10 that the property conveyed is needed for national se11 curity purposes.

12 SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS EN13 GAGING IN OIL SPILL PREVENTION AND RE14 SPONSE ACTIVITIES.

15 (a) CLARIFICATION OF LIABILITY FOR PREVENTING

16 SUBSTANTIAL THREAT OF DISCHARGE.—Section 311 of

17 the Federal Water Pollution Control Act (33 U.S.C. 1321)

18 is amended—

19 (1) in subsection (a)(8) by striking ‘‘to mini20 mize or mitigate damage’’ and inserting ‘‘to prevent,

21 minimize, or mitigate damage’’;

22 (2) by striking ‘‘and’’ after the semicolon at the

23 end of subsection (a)(23), by striking the period at

24 the end of subsection (a)(24) and inserting ‘‘; and’’,
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1 and by adding at the end of subsection (a) the fol2 lowing:

3 ‘‘(25) ‘removal costs’ means—

4 ‘‘(A) the costs of removal of oil or a haz5 ardous substance that are incurred after it is

6 discharged; and

7 ‘‘(B) in any case in which there is a sub8 stantial threat of a discharge of oil or a hazard9 ous substance, the costs to prevent, minimize,

10 or mitigate that threat.’’; and

11 (3) in subsection (c)(4)(A), by striking the pe12 riod at the end and inserting the following: ‘‘relating

13 to a discharge or a substantial threat of a discharge

14 of oil or a hazardous substance.’’.

15 (b) OIL SPILL MECHANICAL REMOVAL.—Section

16 311(a)(2) of the Federal Water Pollution Control Act (33

17 U.S.C. 1321(a)(2)) is amended—

18 (1) by striking ‘‘and (C)’’ and inserting ‘‘, (C)’’;

19 and

20 (2) by inserting before the semicolon at the end

21 the following: ‘‘, and (D) discharges incidental to

22 mechanical removal authorized by the President

23 under subsection (c) of this section’’.

24 SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.

25 (a) VESSEL TURMOIL.—
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1 (1) IN GENERAL.—The vessel described in

2 paragraph (2) is deemed for all purposes, including

3 title 46, United States Code, and all regulations

4 thereunder, to be a recreational vessel of less than

5 300 gross tons, if—

6 (A) it does not carry cargo or passengers

7 for hire; and

8 (B) it does not engage in commercial fish9 eries or oceanographic research.

10 (2) VESSEL DESCRIBED.—The vessel referred

11 to in paragraph (1) is the vessel TURMOIL (British

12 official number 726767).

13 (b) PILOT PROGRAM.—

14 (1) IN GENERAL.—The Secretary may establish

15 a pilot program to exempt a vessel of at least 300

16 gross tons as measured under chapter 143 or chap17 ter 145 of title 46, United States Code, from the re18 quirement to be inspected under section 3301(7) of

19 title 46, United States Code, as a seagoing motor

20 vessel, if—

21 (A) the vessel does not carry any cargo or

22 passengers for hire;

23 (B) the vessel does not engage in commer24 cial service, commercial fisheries, or oceano25 graphic research; and
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1 (C) the vessel does not engage in towing.

2 (2) EXPIRATION OF AUTHORITY.—The author3 ity to grant the exemptions under this subsection ex4 pires 2 years after the date of enactment of this Act.

5 Any specific exemptions granted under this sub6 section shall nonetheless remain in effect.

7 SEC. 413. LAND CONVEYANCE, COAST GUARD STATION

8 OCRACOKE, NORTH CAROLINA.

9 (a) AUTHORITY TO CONVEY.—The Secretary of

10 Transportation may convey, without consideration, to the

11 State of North Carolina (in this section referred to as the

12 ‘‘State’’), all right, title, and interest of the United States

13 in and to a parcel of real property, together with any im14 provements thereon, in Ocracoke, North Carolina, consist15 ing of such portion of the Coast Guard Station Ocracoke,

16 North Carolina, as the Secretary considers appropriate for

17 purposes of the conveyance.

18 (b) CONDITIONS.—The conveyance under subsection

19 (a) shall be subject to the following conditions:

20 (1) That the State accept the property to be

21 conveyed under that subsection subject to such ease22 ments or rights of way in favor of the United States

23 as the Secretary considers to be appropriate for—

24 (A) utilities;

25 (B) access to and from the property;
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1 (C) the use of the boat launching ramp on

2 the property; and

3 (D) the use of pier space on the property

4 by search and rescue assets.

5 (2) That the State maintain the property in a

6 manner so as to preserve the usefulness of the ease7 ments or rights of way referred to in paragraph (1).

8 (3) That the State utilize the property for

9 transportation, education, environmental, or other

10 public purposes.

11 (c) REVERSION.—(1) If the Secretary determines at

12 any time that the property conveyed under subsection (a)

13 is not being used in accordance with subsection (b), all

14 right, title, and interest in and to the property, including

15 any improvements thereon, shall revert to the United

16 States, and the United States shall have the right of im17 mediate entry thereon.

18 (2) Upon reversion under paragraph (1), the property

19 shall be under the administrative jurisdiction of the Ad20 ministrator of General Services.

21 (d) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the property conveyed under sub23 section (a), and any easements or rights of way granted

24 under subsection (b)(1), shall be determined by a survey
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1 satisfactory to the Secretary. The cost of the survey shall

2 be borne by the State.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions with respect to the conveyance under subsection (a),

6 and any easements or rights of way granted under sub7 section (b)(1), as the Secretary considers appropriate to

8 protect the interests of the United States.

9 SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN

10 SAULT SAINTE MARIE, MICHIGAN.

11 (a) REQUIREMENT TO CONVEY.—The Secretary of

12 Transportation (in this section referred to as the ‘‘Sec13 retary’’) shall promptly convey, without consideration, to

14 American Legion Post No. 3 in Sault Sainte Marie, Michi15 gan, all right, title, and interest of the United States in

16 and to the parcel of real property described in section 202

17 of the Water Resources Development Act of 1990 (Public

18 Law 101–640), as amended by section 323 of the Water

19 Resources Development Act of 1992 (Public Law 102–

20 580), comprising approximately 0.565 acres, together with

21 any improvements thereon.

22 (b) CONDITION.—The conveyance under subsection

23 (a) shall be subject to the condition that the property be

24 used as a clubhouse for the American Legion Post No.

25 3.
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1 (c) REVERSION.—(1) If the Secretary determines at

2 any time that the property conveyed under subsection (a)

3 is not being used in accordance with subsection (b), all

4 right, title, and interest in and to the property, including

5 any improvements thereon, shall revert to the United

6 States, and the United States shall have the right of im7 mediate entry thereon.

8 (2) Upon reversion under paragraph (1), the property

9 shall be under the administrative jurisdiction of the Ad10 ministrator of General Services.

11 (d) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the property conveyed under sub13 section (a) shall be determined by a survey satisfactory

14 to the Secretary. The cost of the survey shall be borne

15 by the American Legion Post No. 3.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions with respect to the conveyance under subsection (a)

19 as the Secretary considers appropriate to protect the inter20 ests of the United States.

21 SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RES22 IDUE DISPOSAL.

23 (a) IN GENERAL.—

24 (1) Subject to subsection (b), the Secretary of

25 Transportation shall continue to implement and en-
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1 force the United States Coast Guard 1997 Enforce2 ment Policy for Cargo Residues on the Great Lakes

3 and revisions thereto that are made in accordance

4 with that Policy (hereinafter in this section referred

5 to as the ‘‘Policy’’) for the purpose of regulating in6 cidental discharges from vessels of residues of dry

7 bulk cargo into the waters of the Great Lakes under

8 the jurisdiction of the United States.

9 (2) Any discharge under this section shall com10 ply with all terms and conditions of the Policy.

11 (b) EXPIRATION OF INTERIM AUTHORITY.—The Pol12 icy shall cease to have effect on the date which is the earli13 est of—

14 (1) the effective date of regulations promul15 gated pursuant to legislation enacted subsequent to

16 the enactment of this Act providing for the regula17 tion of incidental discharges from vessels of dry bulk

18 cargo residue into the waters of the Great Lakes

19 under the jurisdiction of the United States is en20 acted; or

21 (2) September 30, 2002.

22 SEC. 416. CONVEYANCE OF LIGHTHOUSES.

23 (a) AUTHORITY TO CONVEY.—

24 (1) IN GENERAL.—The Commandant of the

25 Coast Guard, or the Administrator of the General
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1 Services Administration, as appropriate, may convey,

2 by an appropriate means of conveyance, all right,

3 title, and interest of the United States in and to

4 each of the following properties:

5 (A) Light Station Sand Point, located in

6 Escanaba, Michigan, to the Delta County His7 torical Society.

8 (B) Light Station Dunkirk, located in

9 Dunkirk, New York, to the Dunkirk Historical

10 Lighthouse and Veterans’ Park Museum.

11 (C) The Mukilteo Light Station, located in

12 Mukilteo, Washington, to the City of Mukilteo.

13 (D) Eagle Harbor Light Station, located in

14 Michigan, to the Keweenaw County Historical

15 Society.

16 (E) Cape Decision Light Station, located

17 in Alaska, to the Cape Decision Lighthouse So18 ciety.

19 (F) Cape St. Elias Light Station, located

20 in Alaska, to the Cape St. Elias Light Keepers

21 Association.

22 (G) Five Finger Light Station, located in

23 Alaska, to the Juneau Lighthouse Association.

24 (H) Point Retreat Light Station, located in

25 Alaska, to the Alaska Lighthouse Association.
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1 (I) Hudson-Athens Lighthouse, located in

2 New York, to the Hudson-Athens Lighthouse

3 Preservation Society.

4 (J) Georgetown Light, located in George5 town County, South Carolina, to the South

6 Carolina Department of Natural Resources.

7 (K) Coast Guard Light Station Two Har8 bors, located in Lake County, Minnesota, to the

9 Lake County Historical Society.

10 (2) IDENTIFICATION OF PROPERTY.—The Com11 mandant or Administrator, as appropriate, may

12 identify, describe, and determine the property to be

13 conveyed under this subsection.

14 (3) EXCEPTION.—The Commandant or Admin15 istrator, as appropriate, may not convey any histori16 cal artifact, including any lens or lantern, located on

17 the property at or before the time of the conveyance.

18 (b) TERMS OF CONVEYANCE.—

19 (1) IN GENERAL.—The conveyance of property

20 under this section shall be made—

21 (A) without payment of consideration; and

22 (B) subject to the terms and conditions re23 quired by this section and other terms and con24 ditions the Commandant or the Administrator,

25 as appropriate, may consider, including the res-
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1 ervation of easements and other rights on be2 half of the United States.

3 (2) REVERSIONARY INTEREST.—In addition to

4 any term or condition established under this section,

5 the conveyance of property under this section shall

6 be subject to the condition that all right, title, and

7 interest in the property shall immediately revert to

8 the United States if—

9 (A) the property, or any part of the prop10 erty—

11 (i) ceases to be used as a nonprofit

12 center for public benefit for the interpreta13 tion and preservation of maritime history;

14 (ii) ceases to be maintained in a man15 ner that is consistent with its present or

16 future use as a site for Coast Guard aids

17 to navigation or compliance with this Act;

18 or

19 (iii) ceases to be maintained in a man20 ner consistent with the conditions in para21 graph (5) established by the Commandant

22 or the Administrator, as appropriate, pur23 suant to the National Historic Preserva24 tion Act of 1966 (16 U.S.C. 470 et seq.);

25 or
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1 (B) at least 30 days before that reversion,

2 the Commandant or the Administrator, as ap3 propriate, provides written notice to the owner

4 that the property is needed for national security

5 purposes.

6 (3) MAINTENANCE OF NAVIGATION FUNC7 TIONS.—The conveyance of property under this sec8 tion shall be made subject to the conditions that the

9 Commandant or Administrator, as appropriate, con10 siders to be necessary to assure that—

11 (A) the lights, antennas, and associated

12 equipment located on the property conveyed,

13 which are active aids to navigation, shall con14 tinue to be operated and maintained by the

15 United States for as long as they are needed for

16 this purpose;

17 (B) the owner of the property may not

18 interfere or allow interference in any manner

19 with aids to navigation without express written

20 permission from the Commandant or Adminis21 trator, as appropriate;

22 (C) there is reserved to the United States

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

24 navigation or make any changes to the property
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1 conveyed as may be necessary for navigational

2 purposes;

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

4 at any time, to enter the property without no5 tice for the purpose of operating, maintaining

6 and inspecting aids to navigation, and for the

7 purpose of enforcing compliance with subsection

8 (b); and

9 (E) the United States shall have an ease10 ment of access to and across the property for

11 the purpose of maintaining the aids to naviga12 tion in use on the property.

13 (4) OBLIGATION LIMITATION.—The owner of

14 the property is not required to maintain any active

15 aid to navigation equipment on the property, except

16 private aids to navigation permitted under section

17 83 of title 14, United States Code.

18 (5) MAINTENANCE OF PROPERTY.—The owner

19 of the property shall maintain the property in a

20 proper, substantial, and workmanlike manner, and

21 in accordance with any conditions established by the

22 Commandant or the Administrator, as appropriate,

23 pursuant to the National Historic Preservation Act

24 of 1966 (16 U.S.C. 470 et seq.), and other applica25 ble laws.
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1 (c) DEFINITIONS.—In this section:

2 (1) AIDS TO NAVIGATION.—The term ‘‘aids to

3 navigation’’ means equipment used for navigation

4 purposes, including but not limited to, a light, an5 tenna, sound signal, electronic navigation equipment,

6 or other associated equipment which are operated or

7 maintained by the United States.

8 (2) OWNER.—The term ‘‘owner’’ means the

9 person identified in subsection (a)(1), and includes

10 any successor or assign of that person.

11 (3) DELTA COUNTY HISTORICAL SOCIETY.—The

12 term ‘‘Delta County Historical Society’’ means the

13 Delta County Historical Society (a nonprofit cor14 poration established under the laws of the State of

15 Michigan, its parent organization, or subsidiary, if

16 any).

17 (4) DUNKIRK HISTORICAL LIGHTHOUSE AND

18 VETERANS’ PARK MUSEUM.—The term ‘‘Dunkirk

19 Historical Lighthouse and Veterans’ Park Museum’’

20 means Dunkirk Historical Lighthouse and Veterans’

21 Park Museum located in Dunkirk, New York, or, if

22 appropriate as determined by the Commandant, the

23 Chautauqua County Armed Forces Memorial Park

24 Corporation, New York.
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1 (5) LAKE COUNTY HISTORICAL SOCIETY.—The

2 term ‘‘Lake County Historical Society’’ means the

3 Lake County Historical Society (a nonprofit corpora4 tion established under the laws of the State of Min5 nesota), its parent organization or subsidiary, if any,

6 and its successors and assigns.

7 (d) NOTIFICATION.—Not less than one year prior to

8 reporting to the General Services Administration that a

9 lighthouse or light station eligible for listing under the Na10 tional Historic Preservation Act of 1966 (16 U.S.C. 470

11 et seq.) and under the jurisdiction of the Coast Guard is

12 excess to the needs of the Coast Guard, the Commandant

13 of the Coast Guard shall notify the State in which the

14 lighthouse or light station is located, (including the State

15 Historic Preservation Officer, if any) the appropriate po16 litical subdivision of that State, and any lighthouse, his17 toric, or maritime preservation organizations in that State,

18 that such property is excess to the needs of the Coast

19 Guard.

20 (e) EXTENSION OF PERIOD FOR CONVEYANCE OF

21 WHITLOCK’S MILL LIGHT.—Notwithstanding section

22 1002(a)(3) of the Coast Guard Authorization Act of 1996,

23 the conveyance authorized by section 1002(a)(2)(AA) of

24 that Act may take place after the date required by section
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1 1002(a)(3) of that Act but no later than December 31,

2 1998.

3 SEC. 417. CONVEYANCE OF COAST GUARD LORAN STATION

4 NANTUCKET.

5 (a) AUTHORITY TO CONVEY.—

6 (1) IN GENERAL.—The Commandant of the

7 United States Coast Guard may convey, by an ap8 propriate means of conveyance, all right, title, and

9 interest of the United States in and to approxi10 mately 29.4 acres of land, together with the im11 provements thereon, at Coast Guard LORAN Sta12 tion Nantucket, Nantucket, Massachusetts, to the

13 Town of Nantucket, Massachusetts (‘‘the Town’’)

14 unless the Commandant, or his delegate, in his sole

15 discretion determines that the conveyance would not

16 provide a public benefit.

17 (2) IDENTIFICATION OF PROPERTY.—

18 (A) The Commandant may identify, define,

19 describe, and determine the real property to be

20 conveyed under this section.

21 (B) The Commandant shall determine the

22 exact acreage and legal description of the prop23 erty to be conveyed under this section by a sur24 vey satisfactory to the Commandant. The cost

25 of the survey shall be borne by the Town.
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1 (b) TERMS OF CONVEYANCE.—

2 (1) IN GENERAL.—The conveyance of real prop3 erty under this section shall be made—

4 (A) without payment of consideration; and

5 (B) subject to the following terms and con6 ditions:

7 (i) The Town shall not, upon the

8 property conveyed, allow, conduct, or per9 mit any activity, or operate, allow, or per10 mit the operation of, any equipment or ma11 chinery, that would interfere or cause in12 terference, in any manner, with any aid to

13 navigation located upon property retained

14 by the United States at Coast Guard

15 LORAN Station Nantucket, without the

16 express written permission from the Com17 mandant.

18 (ii) The Town shall maintain the real

19 property conveyed in a manner consistent

20 with the present and future use of any

21 property retained by the United States at

22 Coast Guard LORAN Station Nantucket

23 as a site for an aid to navigation.

24 (iii) Any other terms and conditions

25 the Commandant considers appropriate to
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1 protect the interests of the United States,

2 including the reservation of easements or

3 other rights on behalf of the United States.

4 (2) REVERSIONARY INTEREST.—The convey5 ance of real property pursuant to this section shall

6 be subject to the condition that all right, title, and

7 interest in such property shall immediately revert to

8 the United States if—

9 (A) the property, or any part thereof,

10 ceases to be owned and used by the Town;

11 (B) the Town fails to maintain the prop12 erty conveyed in a manner consistent with the

13 terms and conditions in paragraph (1); or

14 (C) at least 30 days before such reversion,

15 the Commandant provides written notice to the

16 Town that the property conveyed is needed for

17 national security purposes.

18 SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST

19 GUARD VESSELS.

20 (a) IN GENERAL.—The Commandant of the Coast

21 Guard may convey all right, title, and interest of the

22 United States in and to each of 2 decommissioned ‘‘White

23 Class’’ 133-foot Coast Guard vessels to Canvasback Mis24 sion, Inc. (a nonprofit corporation under the laws of the
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1 State of Oregon; in this section referred to as ‘‘the recipi2 ent’’), without consideration, if—

3 (1) the recipient agrees—

4 (A) to use the vessel for purposes of pro5 viding medical services to Central and South

6 Pacific island nations;

7 (B) not to use the vessel for commercial

8 transportation purposes except those incident to

9 the provisions of those medical services;

10 (C) to make the vessel available to the

11 United States Government if needed for use by

12 the Commandant in times of war or a national

13 emergency; and

14 (D) to hold the Government harmless for

15 any claims arising from exposure to hazardous

16 materials, including asbestos and poly17 chlorinated biphenyls (PCBs), after conveyance

18 of the vessel, except for claims arising from the

19 use by the Government under paragraph (1)(C);

20 (2) the recipient has funds available that will be

21 committed to operate and maintain each vessel con22 veyed in good working condition, in the form of

23 cash, liquid assets, or a written loan commitment,

24 and in the amount of at least $400,000 per vessel;

25 and
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1 (3) the recipient agrees to any other conditions

2 the Commandant considers appropriate.

3 (b) MAINTENANCE AND DELIVERY OF VESSELS.—

4 Prior to conveyance of a vessel under this section, the

5 Commandant shall, to the extent practical, and subject to

6 other Coast Guard mission requirements, make every ef7 fort to maintain the integrity of the vessel and its equip8 ment until the time of delivery. If a conveyance is made

9 under this section, the Commandant shall deliver the ves10 sel at the place where the vessel is located, in its present

11 condition, and without cost to the Government. The con12 veyance of the vessel under this section shall not be consid13 ered a distribution in commerce for purposes of section

14 6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).

15 (c) OTHER EXCESS EQUIPMENT.—The Commandant

16 may convey to the recipient of a vessel under this section

17 any excess equipment or parts from other decommissioned

18 Coast Guard vessels for use to enhance the vessel’s oper19 ability and function as a medical services vessel in Central

20 and South Pacific Islands.

21 SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S

22 RED OAK VICTORY.

23 Section 1008(d)(1) of the Coast Guard Authorization

24 Act of 1996 is amended by striking ‘‘2 years’’ and insert25 ing ‘‘3 years’’.
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1 SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO

2 SECRETARY OF THE INTERIOR.

3 The Administrator of the General Services Adminis4 tration shall transfer administrative jurisdiction over the

5 Federal property consisting of approximately 2 acres,

6 known as the Ocracoke Light Station, to the Secretary

7 of the Interior, subject to such reservations, terms, and

8 conditions as may be necessary for Coast Guard purposes.

9 All property so transferred shall be included in and admin10 istered as part of the Cape Hatteras National Seashore.

11 SEC. 421. VESSEL DOCUMENTATION CLARIFICATION.

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

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

14 App. 802(a)) are each amended by—

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

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

17 after ‘‘chief executive officer’’.

18 SEC. 422. DREDGE CLARIFICATION.

19 Section 5209(b) of the Oceans Act of 1992 (46

20 U.S.C. 2101 note) is amended by adding at the end there21 of the following:

22 ‘‘(3) A vessel—

23 ‘‘(A) configured, outfitted, and operated

24 primarily for dredging operations; and
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1 ‘‘(B) engaged in dredging operations which

2 transfers fuel to other vessels engaged in the

3 same dredging operations without charge.’’.

4 SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.

5 Section 4115(e) of the Oil Pollution Act of 1990 (46

6 U.S. Code 3703a note) is amended by adding at the end

7 thereof the following:

8 ‘‘(3)(A) The Secretary of Transportation shall

9 coordinate with the Marine Board of the National

10 Research Council to conduct the necessary research

11 and development of a rationally based equivalency

12 assessment approach, which accounts for the overall

13 environmental performance of alternative tank vessel

14 designs. Notwithstanding the Coast Guard opinion

15 of the application of sections 101 and 311 of the

16 Clean Water Act (33 U.S.C. 1251 and 1321), the

17 intent of this study is to establish an equivalency

18 evaluation procedure that maintains a high standard

19 of environmental protection, while encouraging inno20 vative ship design. The study shall include:

21 ‘‘(i) development of a generalized cost spill

22 data base, which includes all relevant costs such

23 as clean-up costs and environmental impact

24 costs as a function of spill size;
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1 ‘‘(ii) refinement of the probability density

2 functions used to establish the extent of vessel

3 damage, based on the latest available historical

4 damage statistics, and current research on the

5 crash worthiness of tank vessel structures;

6 ‘‘(iii) development of a rationally based ap7 proach for calculating an environmental index,

8 to assess overall outflow performance due to

9 collisions and groundings; and

10 ‘‘(iv) application of the proposed index to

11 double hull tank vessels and alternative designs

12 currently under consideration.

13 ‘‘(B) A Marine Board committee shall be estab14 lished not later that 2 months after the date of en15 actment of the Coast Guard Authorization Act of

16 1998. The Secretary of Transportation shall submit

17 to the Committee on Commerce, Science, and Trans18 portation of the Senate and the Committee on

19 Transportation and Infrastructure in the House of

20 Representatives a report on the results of the study

21 not later than 12 months after the date of enact22 ment of the Coast Guard Authorization Act of 1998.

23 ‘‘(C) Of the amounts authorized by section

24 1012(a)(5)(A) of this Act, $500,000 is authorized to
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1 carry out the activities under subparagraphs (A) and

2 (B) of this paragraph.’’.

3 SEC. 424. VESSEL SHARING AGREEMENTS.

4 (a) Section 5 of the Shipping Act of 1984 (46 U.S.C.

5 App. 1704) is amended by adding at the end thereof the

6 following:

7 ‘‘(g) VESSEL SHARING AGREEMENTS.—An ocean

8 common carrier that is the owner, operator, or bareboat,

9 time, or slot charterer of a United States-flag liner vessel

10 documented pursuant to sections 12102(a) or (d) of title

11 46, United States Code, is authorized to agree with an

12 ocean common carrier that is not the owner, operator or

13 bareboat charterer for at least one year of United States14 flag liner vessels which are eligible to be included in the

15 Maritime Security Fleet Program and are enrolled in an

16 Emergency Preparedness Program pursuant to subtitle B

17 of title VI of the Merchant Marine Act, 1936 (46 U.S.C.

18 App. 1187 et seq.), to which it charters or subcharters

19 the United States-flag vessel or space on the United

20 States-flag vessel that such charterer or subcharterer may

21 not use or make available space on the vessel for the car22 riage of cargo reserved by law for United States-flag ves23 sels.’’.
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1 (b) Section 10(c)(6) of the Shipping Act of 1984 (46

2 U.S.C. App. 1709(c)(6)) is amended by inserting ‘‘author3 ized by section 5(g) of this Act, or as’’ before ‘‘otherwise’’.

4 (c) Nothing in this section shall affect or in any way

5 diminish the authority or effectiveness of orders issued by

6 the Maritime Administration pursuant to sections 9 and

7 41 of the Shipping Act, 1916 (46 U.S.C. App. 808 and

8 839).

9 (d) Section 3(6)(B) of the Shipping Act of 1984 (46

10 U.S.C. App. 1702(6)(B)) is amended by striking ‘‘parcel11 tanker.’’ and inserting ‘‘parcel-tanker or by vessel when

12 primarily engaged in the carriage of perishable agricul13 tural commodities (i) if the common carrier and the owner

14 of those commodities are wholly-owned, directly or indi15 rectly, by a person primarily engaged in the marketing and

16 distribution of those commodities and (ii) only with re17 spect to the carriage of those commodities.’’.

18 SEC. 425. REPORTS.

19 (a) SWATH TECHNOLOGY.—The Commandant of

20 the Coast Guard shall, within 18 months after the date

21 of enactment of this Act, report to the Senate Committee

22 on Commerce, Science, and Transportation and the House

23 Committee on Transportation and Infrastructure on the

24 applicability of Small Waterplane Area Twin Hull

25 (SWATH) technology, including concepts developed by the
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1 United States Office of Naval Research, to the design of

2 Coast Guard vessels.

3 (b) MARINE GUIDANCE SYSTEMS.—The Secretary of

4 Transportation shall, within 12 months after the date of

5 the enactment of this Act, evaluate and report to the Con6 gress on the suitability of marine sector laser lighting, cold

7 cathode lighting, and ultraviolet enhanced vision tech8 nologies for use in guiding marine vessels and traffic.

9 SEC. 426. REPORT ON TONNAGE CALCULATION METHODOL10 OGY.

11 The Administrator of the Panama Canal Commission

12 shall, within 90 days of the date of enactment of this Act,

13 submit to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the

16 Senate a report detailing the methodology employed in the

17 calculation of the charge of tolls for the carriage of on18 deck containers and the justification thereof.

19 SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RE20 SERVE FLEET VESSELS.

21 (a) AUTHORITY TO CONVEY.—Notwithstanding any

22 other law, the Secretary of Transportation (referred to in

23 this section as ‘‘the Secretary’’) may convey all right, title,

24 and interest of the Federal Government in and to either

25 or both of the vessels S.S. AMERICAN VICTORY
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1 (United States official number 248005) and S.S. HAT2 TIESBURG VICTORY (United States official number

3 248651) to The Victory Ship, Inc., located in Tampa,

4 Florida (in this section referred to as the ‘‘recipient’’), and

5 the recipient may use each vessel conveyed only as a me6 morial to the Victory class of ships.

7 (b) TERMS OF CONVEYANCE.—

8 (1) DELIVERY OF VESSEL.—In carrying out

9 subsection (a), the Secretary shall deliver a vessel—

10 (A) at the place where the vessel is located

11 on the date of conveyance;

12 (B) in its condition on that date; and

13 (C) at no cost to the Federal Government.

14 (2) REQUIRED CONDITIONS.—The Secretary

15 may not convey a vessel under this section unless—

16 (A) the recipient agrees to hold the Gov17 ernment harmless for any claims arising from

18 exposure to hazardous material, including as19 bestos and polychlorinated biphenyls, after con20 veyance of the vessel, except for claims arising

21 before the date of the conveyance or from use

22 of the vessel by the Government after that date;

23 and

24 (B) the recipient has available, for use to

25 restore the vessel, in the form of cash, liquid as-
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1 sets, or a written loan commitment, financial

2 resources of at least $100,000.

3 (3) ADDITIONAL TERMS.—The Secretary may

4 require such additional terms in connection with the

5 conveyance authorized by this section as the Sec6 retary considers appropriate.

7 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

8 may convey to the recipient of any vessel conveyed under

9 this section any unneeded equipment from other vessels

10 in the National Defense Reserve Fleet, for use to restore

11 the vessel conveyed under this section to museum quality.

12 SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RE13 SERVE FLEET VESSEL, JOHN HENRY.

14 (a) AUTHORITY TO CONVEY.—Notwithstanding any

15 other law, the Secretary of Transportation (in this section

16 referred to as ‘‘the Secretary’’) may convey all right, title,

17 and interest of the United States Government in and to

18 the vessel JOHN HENRY (United States official number

19 599294) to a purchaser for use in humanitarian relief ef20 forts, including the provision of water and humanitarian

21 goods to developing nations.

22 (b) TERMS OF CONVEYANCE.—

23 (1) DELIVERY OF VESSEL.—In carrying out

24 subsection (a), the Secretary shall deliver the ves25 sel—
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1 (A) at the place where the vessel is located

2 on the date of conveyance;

3 (B) in its condition on that date;

4 (C) at no cost to the United States Gov5 ernment; and

6 (D) only after the vessel has been redesig7 nated as not militarily useful.

8 (2) REQUIRED CONDITIONS.—The Secretary

9 may not convey a vessel under this section unless—

10 (A) competitive procedures are used for

11 sales under this section;

12 (B) the vessel is sold for not less than the

13 fair market value of the vessel in the United

14 States, as determined by the Secretary of

15 Transportation;

16 (C) the recipient agrees that the vessel

17 shall not be used for commercial transportation

18 purposes or for the carriage of cargoes reserved

19 to United States flag commercial vessels under

20 section 901(b) and 901f of the Merchant Ma21 rine Act, 1936 (46 U.S.C. App. 1241(b) and

22 1241f);

23 (D) the recipient agrees to hold the Gov24 ernment harmless for any claims arising from

25 exposure to hazardous material, including as-
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1 bestos and polychlorinated biphenyls, after the

2 conveyance of the vessel, except for claims aris3 ing before the date of the conveyance or from

4 use of the vessel by the Government after that

5 date; and

6 (E) the recipient provides sufficient evi7 dence to the Secretary that it has financial re8 sources in the form of cash, liquid assets, or a

9 written loan commitment of at least $100,000.

10 (F) the recipient agrees to make the vessel

11 available to the Government if the Secretary re12 quires use of the vessel by the Government for

13 war or national emergency.

14 (G) the recipient agrees to document the

15 vessel under chapter 121 of title 46, United

16 States Code.

17 (3) ADDITIONAL TERMS.—The Secretary may

18 require such additional terms in connection with the

19 conveyance authorized by this section as the Sec20 retary considers appropriate.

21 (c) PROCEEDS.—Any amounts received by the United

22 States as proceeds from the sale of the M/V JOHN

23 HENRY shall be deposited in the Vessel Operations Re24 volving Fund established by the Act of June 2, 1951

25 (chapter 121; 46 U.S.C. App. 1241a) and shall be avail-
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1 able and expended in accordance with section 6(a) of the

2 National Maritime Heritage Act (16 U.S.C. App.

3 5405(a)).

4 SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RE5 STRICTIONS AND ENCUMBRANCES.

6 Section 315(c)(1) of the Federal Maritime Commis7 sion Authorization Act of 1990 (Public Law 101–595; 104

8 Stat. 2988) is amended—

9 (1) by striking ‘‘3 contiguous tracts’’ and in10 serting ‘‘4 tracts’’; and

11 (2) by striking ‘‘Tract A’’ and all that follows

12 through the end of the paragraph and inserting the

13 following:

‘‘Tract 1—Commencing at a point N45° 28′ 31′′ E 198.3 feet from point ‘A’

as shown on plat of survey of ‘Boundary Agreement of CAFB’

by D.W. Jessen and Associates, Civil Engineers, Lake Charles,

Louisiana, dated August 7, 1973, and filed in Plat Book 23,

at page 20, Records of Calcasieu Parish, Louisiana; thence

S44° 29′ 09′′ E 220 feet; thence N45° 28′ 31′′ E 50 feet;

thence N44° 29′ 09′′ W 220 feet; thence S45° 28′ 31′′ W 50

feet to the point of commencement and containing 11,000

square feet (0.2525 acres).

‘‘Tract 2—Commencing at a point N45° 28′ 31′′ E 198.3 feet from point ‘A’

as shown on plat of survey of ‘Boundary Agreement of CAFB’

by D.W. Jessen and Associates, Civil Engineers, Lake Charles,

Louisiana, dated August 7, 1973, and filed in Plat Book 23,

at page 20, Records of Calcasieu Parish, Louisiana; thence

S44° 29′ 09′′ E 169.3 feet; thence S45° 28′ 31′′ W 75 feet;

(Deed Call S45° 30′ 51′′ W 75 feet), thence N44° 29′ 09′′ W

169.3 feet; thence N45° 28′ 31′′ E 75 feet to the point of commencement and containing 12,697 square feet (0.2915 acres).
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‘‘Tract 3—Commencing at a point N45° 28′ 31′′ E 248.3 feet from point ‘A’

as shown on plat of survey of ‘Boundary Agreement of CAFB’

by D.W. Jessen and Associates, Civil Engineers, Lake Charles,

Louisiana, dated August 7, 1973, and filed in Plat Book 23,

at page 20, Records of Calcasieu Parish, Louisiana; thence

S44° 29′ 09′′ E 220 feet; thence N45° 28′ 31′′ E 50 feet;

thence N44° 29′ 09′′ W 220 feet; thence S45° 28′ 31′′ W 50

feet to the point of commencement and containing 11,000

square feet (0.2525 acres).

‘‘Tract 4—Commencing at a point N45° 28′ 31′′ E 123.3 feet and S44° 29′

09′′ E 169.3 feet from point ‘A’ as shown on plat of survey

of ‘Boundary Agreement of CAFB’ by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August

7, 1973, and filed in Plat Book 23, at page 20, Records of

Calcasieu Parish, Louisiana; thence S44° 29′ 09′′ E 50.7 feet;

thence N45° 28′ 31′′ E 75 feet; thence N44° 29′ 09′′ W 50.7

feet; thence S45° 28′ 31′′ W 75 feet (Deed Call S45° 30′ 51′′

W 75 feet) to the point of commencement and containing

3,802 square feet (0.0873 acres).

‘‘Composite Description—A tract of land lying in section 2, Township 10

South—Range 8 West, Calcasieu Parish, Louisiana, and being

mone [sic] particularly described as follows: Begin at a point

N45° 28′ 31′′ E 123.3 feet from point ‘A’ as shown on plat

of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen

and Associates, Civil Engineers, Lake Charles, Louisiana,

dated August 7, 1973, and filed in Plat Book 23, at page 20,

Records of Calcasieu Parish, Louisiana; thence N45° 28′ 31′′

E 175.0 feet; thence S44° 29′ 09′′ E 220.0 feet; thence S45°

28′ 31′′ W 175.0 feet; thence N44° 29′ 09′′ W 220.0 feet to

the point of beginning, containing 0.8035 acres.’’.

1 SEC. 430. BARGE APL–60.

2 (a) IN GENERAL.—Notwithstanding section 27 of the

3 Merchant Marine Act, 1920 (46 U.S.C. App. 883), section

4 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and

5 section 12106 of title 46, United States Code, the Sec6 retary may issue a certificate of documentation with ap7 propriate endorsement for employment in the coastwise

8 trade for the barge APL–60 (United States official num9 ber 376857).
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1 (b) LIMITATIONS.—The vessel described in sub2 section (a) may be employed in the coastwise trade only

3 for the purpose of participating in the ship disposal initia4 tive initially funded by the Department of Defense Appro5 priations Act, 1999, for the duration of that initiative.

6 (c) TERMINATION.—A coastwise endorsement issued

7 under subsection (a) shall terminate on the earlier of—

8 (1) the completion of the final coastwise trade

9 voyage associated with the ship disposal initiative

10 described in subsection (b); or

11 (2) the sale or transfer of the vessel described

12 in subsection (a) to an owner other than the owner

13 of the vessel as of October 1, 1998.

14 SEC. 431. VESSEL FINANCING FLEXIBILITY.

15 The Secretary of Transportation may guarantee obli16 gations under section 1103 of the Merchant Marine Act,

17 1936 (46 App. U.S.C.1273), for the vessels planned for

18 construction to be purchased by the American West

19 Steamboat Company and to be named QUEEN OF THE

20 YUKON, which will operate on the Yukon and Tanana

21 Rivers, and EMPRESS OF THE NORTH, which will op22 erate in Alaska, Washington, and Oregon. Notwithstand23 ing sections 509, 1103(c)), and 1104A(b) of the Merchant

24 Marine Act, 1936 (46 App. U.S.C. 1159, 1273(c), and

25 1274(b)), the Secretary of Transportation may guarantee
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obligations of 871 1 ⁄2 percent of the purchase price of such

2 vessels. Each obligation guaranteed under this section

3 may have a maturity date of 25 years from the date of

4 delivery of the vessel concerned.

5 SEC. 432. HYDROGRAPHIC FUNCTIONS.

6 (a) EFFECTIVE DATE.—Subsections (b) and (c) shall

7 take effect immediately after the later of—

8 (1) the enactment of the Hydrographic Services

9 Improvement Act of 1998; or

10 (2) the enactment of this Act.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

12 306 of the Hydrographic Services Improvement Act of

13 1998 is amended to read as follows:

14 ‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There is authorized to be appropriated to the Ad16 ministrator the following:

17 ‘‘(1) To carry out nautical mapping and chart18 ing functions under the Act of 1947 and sections

19 303 and 304, except for conducting hydrographic

20 surveys, $33,000,000 for fiscal year 1999,

21 $34,000,000 for fiscal year 2000, and $35,000,000

22 for fiscal year 2001.

23 ‘‘(2) To conduct hydrographic surveys under

24 section 303(a)(1), including the leasing of ships,

25 $33,000,000 for fiscal year 1999, $35,000,000 for
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1 fiscal year 2000, and $37,000,000 for fiscal year

2 2001. Of these amounts, no more than $16,000,000

3 is authorized for any one fiscal year to operate hy4 drographic survey vessels owned and operated by the

5 Administration.

6 ‘‘(3) To carry out geodetic functions under the

7 Act of 1947, $25,000,000 for fiscal year 1999,

8 $30,000,000 for fiscal year 2000, and $30,000,000

9 for fiscal year 2001.

10 ‘‘(4) To carry out tide and current measure11 ment functions under the Act of 1947, $22,500,000

12 for each of fiscal years 1999 through 2001. Of these

13 amounts $4,500,000 is authorized for each fiscal

14 year to implement and operate a national quality

15 control system for real-time tide and current and

16 maintain the national tide network, and $7,000,000

17 is authorized for each fiscal year to design and in18 stall real-time tide and current data measurement

19 systems under section 303(b)(4).’’.

20 (c) REPEAL OF REPORT REQUIREMENTS.—Section

21 305 of the Hydrographic Services Improvement Act of

22 1998 is amended by striking subsections (a) and (d).
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1 TITLE V—ADMINISTRATIVE

2 PROCESS FOR JONES ACT

3 WAIVERS

4 SEC. 501. FINDINGS.

5 The Congress finds that—

6 (1) current coastwise trade laws provide no ad7 ministrative authority to waive the United-States8 built requirement of those laws for the limited car9 riage of passengers for hire on vessels built or re10 built outside the United States;

11 (2) requests for such waivers require the enact12 ment of legislation by the Congress;

13 (3) each Congress routinely approves numerous

14 such requests for waiver and rarely rejects any such

15 request; and

16 (4) the review and approval of such waiver re17 quests is a ministerial function which properly

18 should be executed by an administrative agency with

19 appropriate expertise.

20 SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE

21 LAWS.

22 Notwithstanding sections 12106 and 12108 of title

23 46, United States Code, section 8 of the Act of June 19,

24 1886 (46 U.S.C. App. 289), and section 27 of the Mer25 chant Marine Act, 1920 (46 U.S.C. App. 883), the Sec-
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1 retary of Transportation may issue a certificate of docu2 mentation with appropriate endorsement for employment

3 in the coastwise trade as a small passenger vessel or an

4 uninspected passenger vessel for an eligible vessel author5 ized to carry no more than 12 passengers for hire if the

6 Secretary, after notice and an opportunity for public com7 ment, determines that the employment of the vessel in the

8 coastwise trade will not adversely affect—

9 (1) United States vessel builders; or

10 (2) the coastwise trade business of any person

11 who employs vessels built in the United States in

12 that business.

13 SEC. 503. REVOCATION.

14 The Secretary may revoke an endorsement issued

15 under section 502, after notice and an opportunity for

16 public comment, if the Secretary determines that the em17 ployment of the vessel in the coastwise trade has substan18 tially changed since the issuance of the endorsement,

19 and—

20 (1) the vessel is employed other than as a small

21 passenger vessel or an uninspected passenger vessel;

22 or

23 (2) the employment of the vessel adversely af24 fects—

25 (A) United States vessel builders; or
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1 (B) the coastwise trade business of any

2 person who employs vessels built in the United

3 States.

4 SEC. 504. DEFINITIONS.

5 In this title:

6 (1) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Transportation.

8 (2) ELIGIBLE VESSEL.—The term ‘‘eligible ves9 sel’’ means a vessel that—

10 (A) was not built in the United States and

11 is at least 3 years of age; or

12 (B) if rebuilt, was rebuilt outside the

13 United States at least 3 years before the certifi14 cation requested under section 502, if granted,

15 would take effect.

16 (3) SMALL PASSENGER VESSEL; UNINSPECTED

17 PASSENGER VESSEL; PASSENGER FOR HIRE.—The

18 terms ‘‘small passenger vessel’’, ‘‘uninspected pas19 senger vessel’’, and ‘‘passenger for hire’’ have the

20 meaning given such terms by section 2101 of title

21 46, United States Code.

22 SEC. 505. SUNSET.

23 (a) IN GENERAL.—Subject to subsection (b), this

24 title (other than this section) shall have no force or effect

25 on or after September 30, 2002.
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1 (b) ENDORSEMENTS CONTINUE.—Any certificate or

2 endorsement issued under section 502 before the date re3 ferred to in subsection (a) of this section shall continue

4 in effect until otherwise invalidated or revoked under

5 chapter 121 of title 46, United States Code.

6 TITLE VI—HARMFUL ALGAL

7 BLOOMS AND HYPOXIA

8 SEC. 601. SHORT TITLE.

9 This title may be cited as the ‘‘Harmful Algal Bloom

10 and Hypoxia Research and Control Act of 1998’’.

11 SEC. 602. FINDINGS.

12 The Congress finds that—

13 (1) the recent outbreak of the harmful microbe

14 Pfiesteria piscicida in the coastal waters of the

15 United States is one example of potentially harmful

16 algal blooms composed of naturally occurring species

17 that reproduce explosively and that are increasing in

18 frequency and intensity in the Nation’s coastal wa19 ters;

20 (2) other recent occurrences of harmful algal

21 blooms include red tides in the Gulf of Mexico and

22 the Southeast; brown tides in New York and Texas;

23 ciguatera fish poisoning in Hawaii, Florida, Puerto

24 Rico, and the United States Virgin Islands; and
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1 shellfish poisonings in the Gulf of Maine, the Pacific

2 Northwest, and the Gulf of Alaska;

3 (3) in certain cases, harmful algal blooms have

4 resulted in fish kills, the deaths of numerous endan5 gered West Indian manatees, beach and shellfish bed

6 closures, threats to public health and safety, and

7 concern among the public about the safety of sea8 food;

9 (4) according to some scientists, the factors

10 causing or contributing to harmful algal blooms may

11 include excessive nutrients in coastal waters, other

12 forms of pollution, the transfer of harmful species

13 through ship ballast water, and ocean currents;

14 (5) harmful algal blooms may have been respon15 sible for an estimated $1,000,000,000 in economic

16 losses during the past decade;

17 (6) harmful algal blooms and blooms of non18 toxic algal species may lead to other damaging ma19 rine conditions such as hypoxia (reduced oxygen con20 centrations), which are harmful or fatal to fish,

21 shellfish, and benthic organisms;

22 (7) according to the National Oceanic and At23 mospheric Administration in the Department of

24 Commerce, 53 percent of United States estuaries ex25 perience hypoxia for at least part of the year and a
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1 7,000 square mile area in the Gulf of Mexico off

2 Louisiana and Texas suffers from hypoxia;

3 (8) according to some scientists, a factor be4 lieved to cause hypoxia is excessive nutrient loading

5 into coastal waters;

6 (9) there is a need to identify more workable

7 and effective actions to reduce nutrient loadings to

8 coastal waters;

9 (10) the National Oceanic and Atmospheric Ad10 ministration, through its ongoing research, edu11 cation, grant, and coastal resource management pro12 grams, possesses a full range of capabilities nec13 essary to support a near and long-term comprehen14 sive effort to prevent, reduce, and control harmful

15 algal blooms and hypoxia;

16 (11) funding for the research and related pro17 grams of the National Oceanic and Atmospheric Ad18 ministration will aid in improving the Nation’s un19 derstanding and capabilities for addressing the

20 human and environmental costs associated with

21 harmful algal blooms and hypoxia; and

22 (12) other Federal agencies such as the Envi23 ronmental Protection Agency, the Department of

24 Agriculture, and the National Science Foundation,

25 along with the States, Indian tribes, and local gov-
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1 ernments, conduct important work related to the

2 prevention, reduction, and control of harmful algal

3 blooms and hypoxia.

4 SEC. 603. ASSESSMENTS.

5 (a) ESTABLISHMENT OF INTER-AGENCY TASK

6 FORCE.—The President, through the Committee on Envi7 ronment and Natural Resources of the National Science

8 and Technology Council, shall establish an Inter-Agency

9 Task Force on Harmful Algal Blooms and Hypoxia (here10 inafter referred to as the ‘‘Task Force’’). The Task Force

11 shall consist of the following representatives from—

12 (1) the Department of Commerce (who shall

13 serve as Chairman of the Task Force);

14 (2) the Environmental Protection Agency;

15 (3) the Department of Agriculture;

16 (4) the Department of the Interior;

17 (5) the Department of the Navy;

18 (6) the Department of Health and Human

19 Services;

20 (7) the National Science Foundation;

21 (8) the National Aeronautics and Space Admin22 istration;

23 (9) the Food and Drug Administration;

24 (10) the Office of Science and Technology Pol25 icy;
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1 (11) the Council on Environmental Quality; and

2 (12) such other Federal agencies as the Presi3 dent considers appropriate.

4 (b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—

5 (1) Not later than 12 months after the date of

6 enactment of this title, the Task Force, in coopera7 tion with the coastal States, Indian tribes, and local

8 governments, industry (including agricultural organi9 zations), academic institutions, and non-govern10 mental organizations with expertise in coastal zone

11 management, shall complete and submit to the Con12 gress an assessment which examines the ecological

13 and economic consequences of harmful algal blooms,

14 alternatives for reducing, mitigating, and controlling

15 harmful algal blooms, and the social and economic

16 costs and benefits of such alternatives.

17 (2) The assessment shall—

18 (A) identify alternatives for preventing un19 necessary duplication of effort among Federal

20 agencies and departments with respect to harm21 ful algal blooms; and

22 (B) provide for Federal cooperation and

23 coordination with and assistance to the coastal

24 States, Indian tribes, and local governments in

25 the prevention, reduction, management, mitiga-
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1 tion, and control of harmful algal blooms and

2 their environmental and public health impacts.

3 (c) ASSESSMENT OF HYPOXIA.—

4 (1) Not later than 12 months after the date of

5 enactment of this title, the Task Force, in coopera6 tion with the States, Indian tribes, local govern7 ments, industry, agricultural, academic institutions,

8 and non-governmental organizations with expertise

9 in watershed and coastal zone management, shall

10 complete and submit to the Congress an assessment

11 which examines the ecological and economic con12 sequences of hypoxia in United States coastal wa13 ters, alternatives for reducing, mitigating, and con14 trolling hypoxia, and the social and economic costs

15 and benefits of such alternatives.

16 (2) The assessment shall—

17 (A) establish needs, priorities, and guide18 lines for a peer-reviewed, inter-agency research

19 program on the causes, characteristics, and im20 pacts of hypoxia;

21 (B) identify alternatives for preventing un22 necessary duplication of effort among Federal

23 agencies and departments with respect to hy24 poxia; and
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1 (C) provide for Federal cooperation and

2 coordination with and assistance to the States,

3 Indian tribes, and local governments in the pre4 vention, reduction, management, mitigation,

5 and control of hypoxia and its environmental

6 impacts.

7 (e) DISESTABLISHMENT OF TASK FORCE.—The

8 President may disestablish the Task Force after submis9 sion of the plan in section 604(d).

10 SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

11 (a) ASSESSMENT REPORT.—Not later than May 30,

12 1999, the Task Force shall complete and submit to Con13 gress and the President an integrated assessment of hy14 poxia in the northern Gulf of Mexico that examines: the

15 distribution, dynamics, and causes; ecological and eco16 nomic consequences; sources and loads of nutrients trans17 ported by the Mississippi River to the Gulf of Mexico; ef18 fects of reducing nutrient loads; methods for reducing nu19 trient loads; and the social and economic costs and bene20 fits of such methods.

21 (b) SUBMISSION OF A PLAN.—No later than March

22 30, 2000, the President, in conjunction with the chief ex23 ecutive officers of the States, shall develop and submit to

24 Congress a plan, based on the integrated assessment sub25 mitted under subsection (a), for reducing, mitigating, and
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1 controlling hypoxia in the northern Gulf of Mexico. In de2 veloping such plan, the President shall consult with State,

3 Indian tribe, and local governments, academic, agricul4 tural, industry, and environmental groups and representa5 tives. Such plan shall include incentive-based partnership

6 approaches. The plan shall also include the social and eco7 nomic costs and benefits of the measures for reducing,

8 mitigating, and controlling hypoxia. At least 90 days be9 fore the President submits such plan to the Congress, a

10 summary of the proposed plan shall be published in the

11 Federal Register for a public comment period of not less

12 than 60 days.

13 SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to the Sec15 retary of Commerce for research, education, and monitor16 ing activities related to the prevention, reduction, and con17 trol of harmful algal blooms and hypoxia, $15,000,000 for

18 fiscal year 1999, $18,250,000 for fiscal year 2000, and

19 $19,000,000 for fiscal year 2001, to remain available until

20 expended. The Secretary shall consult with the States on

21 a regular basis regarding the development and implemen22 tation of the activities authorized under this section. Of

23 such amounts for each fiscal year—

24 (1) $1,500,000 for fiscal year 1999, $1,500,000

25 for fiscal year 2000, and $2,000,000 for fiscal year
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1 2001 may be used to enable the National Oceanic

2 and Atmospheric Administration to carry out re3 search and assessment activities, including procure4 ment of necessary research equipment, at research

5 laboratories of the National Ocean Service and the

6 National Marine Fisheries Service;

7 (2) $4,000,000 for fiscal year 1999, $5,500,000

8 for fiscal year 2000, and $5,500,000 for fiscal year

9 2001 may be used to carry out the Ecology and

10 Oceanography of Harmful Algal Blooms (ECOHAB)

11 project under the Coastal Ocean Program estab12 lished under section 201(c) of Public Law 102–567;

13 (3) $1,000,000 for fiscal year 1999, $2,000,000

14 for fiscal year 2000, and $2,000,000 for fiscal year

15 2001 may be used by the National Ocean Service of

16 the National Oceanic and Atmospheric Administra17 tion to carry out a peer-reviewed research project on

18 management measures that can be taken to prevent,

19 reduce, control, and mitigate harmful algal blooms;

20 (4) $5,500,000 for each of the fiscal years

21 1999, 2000, and 2001 may be used to carry out

22 Federal and State annual monitoring and analysis

23 activities for harmful algal blooms administered by

24 the National Ocean Service of the National Oceanic

25 and Atmospheric Administration; and
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1 (5) $3,000,000 for fiscal year 1999, $3,750,000

2 for fiscal year 2000, and $4,000,000 for fiscal year

3 2001 may be used for activities related to research

4 and monitoring on hypoxia by the National Ocean

5 Service and the Office of Oceanic and Atmospheric

6 Research of the National Oceanic and Atmospheric

7 Administration.

8 SEC. 606. PROTECTION OF STATES’ RIGHTS.

9 (a) Nothing in this title shall be interpreted to ad10 versely affect existing State regulatory or enforcement

11 power which has been granted to any State through the

12 Clean Water Act or Coastal Zone Management Act of

13 1972.

14 (b) Nothing in this title shall be interpreted to expand

15 the regulatory or enforcement power of the Federal Gov16 ernment which has been delegated to any State through

17 the Clean Water Act or Coastal Zone Management Act

18 of 1972.

Æ