```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 602 Agreed to House (ATH)]

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.

    Resolved, That upon the adoption of this resolution the House shall 
be considered to have taken from the Speaker's table the bill (H.R. 
2204) to authorize appropriations for fiscal years 1998 and 1999 for 
the Coast Guard, and for other purposes, and the Senate amendment 
thereto, and to have concurred in the Senate amendment with an 
amendment as follows:
    In lieu of the matter proposed to be inserted by the Senate 
amendment, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1998''.

SEC. 2. TABLE OF CONTENTS.

    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.
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.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard, as follows:
            (1) For the operation and maintenance of the Coast Guard--
                    (A) for fiscal year 1998, $2,715,400,000; and
                    (B) for fiscal year 1999, $2,854,700,000; of which 
                $25,000,000 shall be derived each fiscal year from the 
                Oil Spill Liability Trust Fund to carry out the 
                purposes of section 1012(a)(5) of the Oil Pollution Act 
                of 1990 and of which not less than $408,000,000 shall 
                be available for expenses related to drug interdiction.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto--
                    (A) for fiscal year 1998, $399,850,000, of which 
                $2,000,000 shall be made available for concept 
                evaluation for a replacement vessel for the Coast Guard 
                icebreaker MACKINAW; and
                    (B) for fiscal year 1999, $510,300,000, of which 
                $5,300,000 shall be made available to complete the 
                conceptual design for a replacement vessel for the 
                Coast Guard icebreaker MACKINAW;
        to remain available until expended, of which $20,000,000 shall 
        be derived each fiscal year from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990 and of which not less than $62,000,000 
        shall be available for expenses related to drug interdiction.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness--
                    (A) for fiscal year 1998, $19,000,000; and
                    (B) for fiscal year 1999, $18,300,000;
        to remain available until expended, of which $3,500,000 shall 
        be derived each fiscal year from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code--
                    (A) for fiscal year 1998, $653,196,000; and
                    (B) for fiscal year 1999, $691,493,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program--
                    (A) for fiscal year 1998, $17,000,000; and
                    (B) for fiscal year 1999, $26,000,000,
        to remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $26,000,000 for each of 
        fiscal years 1998 and 1999, to remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of--
            (1) 37,944 as of September 30, 1998; and
            (2) 38,038 as of September 30, 1999.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training--
                    (A) for fiscal year 1998, 1,424 student years; and
                    (B) for fiscal year 1999, 1,424 student years.
            (2) For flight training--
                    (A) for fiscal year 1998, 98 student years; and
                    (B) for fiscal year 1999, 98 student years.
            (3) For professional training in military and civilian 
        institutions--
                    (A) for fiscal year 1998, 283 student years; and
                    (B) for fiscal year 1999, 283 student years.
            (4) For officer acquisition--
                    (A) for fiscal year 1998, 814 student years; and
                    (B) for fiscal year 1999, 810 student years.

SEC. 103. LORAN-C.

    (a) Fiscal Year 1999.--There are authorized to be appropriated to 
the Department of Transportation, in addition to the funds authorized 
for the Coast Guard for operation of the LORAN-C System, for capital 
expenses related to LORAN-C navigation infrastructure, $10,000,000 for 
fiscal year 1999. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.
    (b) Cost-Sharing Plan.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall develop 
and submit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a plan for cost-sharing arrangements among 
Federal agencies for such capital and operating expenses related to 
LORAN-C navigation infrastructure, including such expenses of the Coast 
Guard and the Federal Aviation Administration.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. SEVERANCE PAY.

    (a) Warrant Officers.--Section 286a(d) of title 14, United States 
Code, is amended by striking the last sentence.
    (b) Separated Officers.--Section 286a of title 14, United States 
Code, is amended by striking the period at the end of subsection (b) 
and inserting ``, unless the Secretary determines that the conditions 
under which the officer is discharged or separated do not warrant 
payment of that amount of severance pay.''.
    (c) Exception.--Section 327 of title 14, United States Code, is 
amended by striking the period at the end of paragraph (b)(3) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
that amount of severance pay.''.

SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    Section 93 of title 14, United States Code, is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
            (2) by striking the period at the end of paragraph (v) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(w) provide for the honorary recognition of individuals 
        and organizations that significantly contribute to Coast Guard 
        programs, missions, or operations, including State and local 
        governments and commercial and nonprofit organizations, and pay 
        for, using any appropriations or funds available to the Coast 
        Guard, plaques, medals, trophies, badges, and similar items to 
        acknowledge such contribution (including reasonable expenses of 
        ceremony and presentation).''.

SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY 
              FUNERALS.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (v);
            (2) by striking the period at the end of paragraph (w) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(x) rent or lease, under such terms and conditions as are 
        considered by the Secretary to be advisable, commercial 
        vehicles to transport the next of kin of eligible retired Coast 
        Guard military personnel to attend funeral services of the 
        service member at a national cemetery.''.

SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.

    The Commandant of the United States Coast Guard may use up to 
$25,000 to provide economic adjustment assistance for the City of 
Novato, California, for the cost of revising the Hamilton Reuse 
Planning Authority's reuse plan as a result of the Coast Guard's 
request for housing at Hamilton Air Force Base. If the Department of 
Defense provides such economic adjustment assistance to the City of 
Novato on behalf of the Coast Guard, then the Coast Guard may use the 
amount authorized for use in the preceding sentence to reimburse the 
Department of Defense for the amount of economic adjustment assistance 
provided to the City of Novato by the Department of Defense.

SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE COAST 
              GUARD INVESTIGATIVE SERVICE.

    (a) Authority.--Section 95 of title 14, United States Code, is 
amended to read as follows:
``Sec.  95. Special agents of the Coast Guard Investigative Service law 
              enforcement authority
    ``(a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority:
            ``(A) To carry firearms.
            ``(B) To execute and serve any warrant or other process 
        issued under the authority of the United States.
            ``(C) To make arrests without warrant for--
                    ``(i) any offense against the United States 
                committed in the agent's presence; or
                    ``(ii) any felony cognizable under the laws of the 
                United States if the agent has probable cause to 
                believe that the person to be arrested has committed or 
                is committing the felony.
    ``(2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard has law 
enforcement authority, or in exigent circumstances.
    ``(b) The Commandant may designate to have the authority provided 
under subsection (a) any special agent of the Coast Guard Investigative 
Service whose duties include conducting, supervising, or coordinating 
investigation of criminal activity in programs and operations of the 
United States Coast Guard.
    ``(c) The authority provided under subsection (a) shall be 
exercised in accordance with guidelines prescribed by the Commandant 
and approved by the Attorney General and any other applicable 
guidelines prescribed by the Secretary of Transportation or the 
Attorney General.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 14, United States Code, is amended by striking the 
item related to section 95 and inserting the following:

``95. Special agents of the Coast Guard Investigative Service law 
          enforcement authority.''.

SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.

    Not later than 9 months after the date of enactment of this Act, 
the Administrator of the General Services Administration and the 
Commandant of the Coast Guard shall submit to the Congress a report on 
the current procedures used to dispose of excess Coast Guard property 
and provide recommendations to improve such procedures. The 
recommendations shall take into consideration measures that would--
            (1) improve the efficiency of such procedures;
            (2) improve notification of excess property decisions to 
        and enhance the participation in the property disposal 
        decisionmaking process of the States, local communities, and 
        appropriate non-profit organizations;
            (3) facilitate the expeditious transfer of excess property 
        for recreation, historic preservation, education, 
        transportation, or other uses that benefit the general public; 
        and
            (4) ensure that the interests of Federal taxpayers are 
        protected.

SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.

    Section 2110 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(k) The Secretary may not plan, implement or finalize any 
regulation that would promulgate any new maritime user fee which was 
not implemented and collected prior to January 1, 1998, including a fee 
or charge for any domestic icebreaking service or any other 
navigational assistance service. This subsection expires on September 
30, 2001.''.

SEC. 208. AIDS TO NAVIGATION REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Commandant of the Coast Guard shall submit to Congress a report on 
the use of the Coast Guard's aids to navigation system. The report 
shall include an analysis of the respective use of the aids to 
navigation system by commercial interests, members of the general 
public for personal recreation, Federal and State government for public 
safety, defense, and other similar purposes. To the extent practicable 
within the time allowed, the report shall include information regarding 
degree of use of the various portions of the system.

                        TITLE III--MARINE SAFETY

SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.

    (a) Ports and Waterways Safety Act.--Section 102 of the Ports and 
Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end 
the following:
            ``(5) `Navigable waters of the United States' includes all 
        waters of the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.''.
    (b) Subtitle II of title 46.--
            (1) Section 2101 of title 46, United States Code, is 
        amended--
                    (A) by redesignating paragraph (17a) as paragraph 
                (17b); and
                    (B) by inserting after paragraph (17) the 
                following:
            ``(17a) `navigable waters of the United States' includes 
        all waters of the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.''.
            (2) Section 2301 of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (3) Section 4102(e) of that title is amended by striking 
        ``operating on the high seas'' and inserting ``owned in the 
        United States and operating beyond 3 nautical miles from the 
        baselines from which the territorial sea of the United States 
        is measured''.
            (4) Section 4301(a) of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (5) Section 4502(a)(7) of that title is amended by striking 
        ``on the high seas'' and inserting ``beyond 3 nautical miles 
        from the baselines from which the territorial sea of the United 
        States is measured, and which are owned in the United States''.
            (6) Section 4506(b) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.
            (7) Section 8502(a)(3) of that title is amended by striking 
        ``not on the high seas'' and inserting: ``not beyond 3 nautical 
        miles from the baselines from which the territorial sea of the 
        United States is measured''.
            (8) Section 8503(a)(2) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.

SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION OF A 
              VESSEL.

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 2302. Penalties for negligent operations and interfering with 
              safe operation'';
            and
            (2) in subsection (a) by striking ``that endangers'' and 
        inserting ``or interfering with the safe operation of a vessel, 
        so as to endanger''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 46, United States Code, is amended by striking the 
item relating to section 2302 and inserting the following:

``2302. Penalties for negligent operations and interfering with safe 
                            operation.''.

SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

    Section 9307 of title 46, United States Code, is amended to read as 
follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
    ``(a) The Secretary shall establish a Great Lakes Pilotage Advisory 
Committee. The Committee--
            ``(1) may review proposed Great Lakes pilotage regulations 
        and policies and make recommendations to the Secretary that the 
        Committee considers appropriate;
            ``(2) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to Great 
        Lakes pilotage;
            ``(3) may make available to the Congress recommendations 
        that the Committee makes to the Secretary; and
            ``(4) shall meet at the call of--
                    ``(A) the Secretary, who shall call such a meeting 
                at least once during each calendar year; or
                    ``(B) a majority of the Committee.
    ``(b)(1) The Committee shall consist of 7 members appointed by the 
Secretary in accordance with this subsection, each of whom has at least 
5 years practical experience in maritime operations. The term of each 
member is for a period of not more than 5 years, specified by the 
Secretary. Before filling a position on the Committee, the Secretary 
shall publish a notice in the Federal Register soliciting nominations 
for membership on the Committee.
    ``(2) The membership of the Committee shall include--
            ``(A) 3 members who are practicing Great Lakes pilots and 
        who reflect a regional balance;
            ``(B) 1 member representing the interests of vessel 
        operators that contract for Great Lakes pilotage services;
            ``(C) 1 member representing the interests of Great Lakes 
        ports;
            ``(D) 1 member representing the interests of shippers whose 
        cargoes are transported through Great Lakes ports; and
            ``(E) 1 member representing the interests of the general 
        public, who is an independent expert on the Great Lakes 
        maritime industry.
    ``(c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the Chairman, or 
in the event of a vacancy in the office of the Chairman.
    ``(2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. The representatives shall, as appropriate, report to and 
advise the Committee on matters relating to Great Lakes pilotage. The 
Secretary's designated representative shall act as the executive 
secretary of the Committee and shall perform the duties set forth in 
section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(d)(1) The Secretary shall, whenever practicable, consult with 
the Committee before taking any significant action relating to Great 
Lakes pilotage.
    ``(2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting Great Lakes pilotage.
    ``(e)(1) A member of the Committee, when attending meetings of the 
Committee or when otherwise engaged in the business of the Committee, 
is entitled to receive--
            ``(A) compensation at a rate fixed by the Secretary, not 
        exceeding the daily equivalent of the current rate of basic pay 
        in effect for GS-18 of the General Schedule under section 5332 
        of title 5 including travel time; and
            ``(B) travel or transportation expenses under section 5703 
        of title 5.
    ``(2) A member of the Committee shall not be considered to be an 
officer or employee of the United States for any purpose based on their 
receipt of any payment under this subsection.
    ``(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies 
to the Committee, except that the Committee terminates on September 30, 
2003.
    ``(2) 2 years before the termination date set forth in paragraph 
(1) of this subsection, the Committee shall submit to the Congress its 
recommendation regarding whether the Committee should be renewed and 
continued beyond the termination date.''.

SEC. 304. ALCOHOL TESTING.

    (a) Adminstrative Procedure.--Section 7702 of title 46, United 
States Code, is amended by striking the second sentence of subsection 
(c)(2) and inserting the following: ``The testing may include 
preemployment (with respect to dangerous drugs only), periodic, random, 
and reasonable cause testing, and shall include post-accident 
testing.''.
    (b) Increase in Civil Penalty.--Section 2115 of title 46, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$5,000''.
    (c) Increase in Negligence Penalty.--Section 2302(c)(1) of title 
46, United States Code, is amended by striking ``$1,000 for a first 
violation and not more than $5,000 for a subsequent violation; or'' and 
inserting ``$5,000; or''.
    (d) Post Serious Marine Casualty Testing.--
            (1) Chapter 23 of title 46, United States Code, is amended 
        by inserting after section 2303 the following:
``Sec. 2303a. Post serious marine casualty alcohol testing
    ``(a) The Secretary shall establish procedures to ensure that after 
a serious marine casualty occurs, alcohol testing of crew members or 
other persons responsible for the operation or other safety-sensitive 
functions of the vessel or vessels involved in such casualty is 
conducted no later than 2 hours after the casualty occurs, unless such 
testing cannot be completed within that time due to safety concerns 
directly related to the casualty.
    ``(b) The procedures in subsection (a) shall require that if 
alcohol testing cannot be completed within 2 hours of the occurrence of 
the casualty, such testing shall be conducted as soon thereafter as the 
safety concerns in subsection (a) have been adequately addressed to 
permit such testing, except that such testing may not be required more 
than 8 hours after the casualty occurs.''.
            (2) The table of sections at the beginning of chapter 23 of 
        title 46, United States Code, is amended by inserting after the 
        item related to section 2303 the following:

``2303a. Post serious marine casualty alcohol testing''.

SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY 
              RELEASE.

    Section 6305(b) of title 46, United States Code, is amended by 
striking all after ``public'' and inserting a period and ``This 
subsection does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by another law 
of the United States.''.

SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.

    (a) Report on Implementation and Enforcement of the International 
Safety Management Code.--
            (1) The Secretary of Transportation (in this section 
        referred to as the ``Secretary'') shall conduct a study--
                    (A) reporting on the status of implementation of 
                the International Safety Management Code (hereinafter 
                referred to in this section as `Code');
                    (B) detailing enforcement actions involving the 
                Code, including the role documents and reports produced 
                pursuant to the Code play in such enforcement actions;
                    (C) evaluating the effects the Code has had on 
                marine safety and environmental protection, and 
                identifying actions to further promote marine safety 
                and environmental protection through the Code;
                    (D) identifying actions to achieve full compliance 
                with and effective implementation of the Code; and
                    (E) evaluating the effectiveness of internal 
                reporting and auditing under the Code, and recommending 
                actions to ensure the accuracy and candidness of such 
                reporting and auditing.
        These recommended actions may include proposed limits on the 
        use in legal proceedings of documents produced pursuant to the 
        Code.
            (2) The Secretary shall provide opportunity for the public 
        to participate in and comment on the study conducted under 
        paragraph (1).
            (3) Not later than 18 months after the date of enactment of 
        this Act, the Secretary shall submit to the Congress a report 
        on the results of the study conducted under paragraph (1).
    (b) Policy.--
            (1) Not later than 9 months after submission of the report 
        in subsection (a)(3), the Secretary shall develop a policy to 
        achieve full compliance with and effective implementation of 
        the Code. The policy may include--
                    (A) enforcement penalty reductions and waivers, 
                limits on the use in legal proceedings of documents 
                produced pursuant to the Code, or other incentives to 
                ensure accurate and candid reporting and auditing;
                    (B) any other measures to achieve full compliance 
                with and effective implementation of the Code; and
                    (C) if appropriate, recommendations to Congress for 
                any legislation necessary to implement one or more 
                elements of the policy.
            (2) The Secretary shall provide opportunity for the public 
        to participate in the development of the policy in paragraph 
        (1).
            (3) Upon completion of the policy in paragraph (1), the 
        Secretary shall publish the policy in the Federal Register and 
        provide opportunity for public comment on the policy.

SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION AND REPORT.

    (a) Definition of Oil.--Section 1001(23) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2701(23)) is amended to read as follows:
            ``(23) `oil' means oil of any kind or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and oil 
        mixed with wastes other than dredged spoil, but does not 
        include any substance which is specifically listed or 
        designated as a hazardous substance under subparagraphs (A) 
        through (F) of section 101(14) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9601) and which is subject to the provisions of that 
        Act;''.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit a report to 
the Congress on the status of the joint evaluation by the Coast Guard 
and the Environmental Protection Agency of the substances to be 
classified as oils under the Federal Water Pollution Control Act and 
title I of the Oil Pollution Act of 1990, including opportunities 
provided for public comment on the evaluation.

SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.

    (a) In General.--The Secretary of Transportation, through the Coast 
Guard and the Maritime Administration, shall, in consultation with the 
National Ocean Service of the National Oceanic and Atmospheric 
Administration, the Corps of Engineers, and other interested Federal 
agencies and departments, establish a task force to assess the adequacy 
of the nation's marine transportation system (including ports, 
waterways, harbor approach channels, and their intermodal connections) 
to operate in a safe, efficient, secure, and environmentally sound 
manner.
    (b) Task Force.--
            (1) The task force shall be chaired by the Secretary of 
        Transportation or his designee and may be comprised of the 
        representatives of interested Federal agencies and departments 
        and such other nonfederal entities as the Secretary deems 
        appropriate.
            (2) The provisions of the Federal Advisory Committee Act 
        shall not apply to the task force.
    (c) Assessment.--
            (1) In carrying out the assessment under this section, the 
        task force shall examine critical issues and develop 
        strategies, recommendations, and a plan for action. Pursuant to 
        such examination and development, the task force shall--
                    (A) take into account the capability of the marine 
                transportation system, the adequacy of depth of 
                approach channels and harbors, and the cost to the 
                Federal Government to accommodate projected increases 
                in foreign and domestic traffic over the next 20 years;
                    (B) consult with senior public and private sector 
                officials, including the users of that system, such as 
                ports, commercial carriers, shippers, labor, 
                recreational boaters, fishermen, and environmental 
                organizations;
                    (C) sponsor public and private sector activities to 
                further refine and implement (under existing authority) 
                the strategies, recommendations, and plan for action;
                    (D) evaluate the capability to dispose of dredged 
                materials that will be produced to accommodate 
                projected increases referred to in subparagraph (A); 
                and
                    (E) evaluate the future of the navigational aid 
                system including the use of virtual aids to navigation 
                on electronic charts.
            (2) The Secretary shall report to Congress on the results 
        of the assessment no later than July 1, 1999. The report shall 
        reflect the views of both the public and private sectors. The 
        Task Force shall cease to exist upon submission of the report 
        in this paragraph.

SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR RECREATIONAL VESSELS.

    The Secretary of Transportation, through the Coast Guard and in 
consultation with the National Transportation Safety Board and 
recreational boating organizations, shall, within 24 months of the date 
of enactment of this Act, assess and report to Congress on the use of 
emergency position indicating beacons (EPIRBs) and similar devices by 
operators of recreational vessels on the Intracoastal Waterway and 
operators of recreational vessels beyond the Boundary Line. The 
assessment shall at a minimum--
            (1) evaluate the current availability and use of EPIRBs and 
        similar devices by the operators of recreational vessels and 
        the actual and potential contribution of such devices to 
        recreational boating safety; and
            (2) provide recommendations on policies and programs to 
        encourage the availability and use of EPIRBS and similar 
        devices by the operators of recreational vessels.

SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.

    Not later than 9 months after the date of enactment of this Act, 
the Commandant shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives--
            (1) identifying waters out to 50 miles from the territorial 
        sea of Maine and other States that cannot currently be served 
        by a Coast Guard search and rescue helicopter within 2 hours of 
        a report of distress or request for assistance from such 
        waters;
            (2) providing options for ensuring that all waters of the 
        area referred to in paragraph (1) can be served by a Coast 
        Guard search and rescue helicopter within 2 hours of a report 
        of distress or request for assistance from such waters;
            (3) providing an analysis assessing the overall capability 
        of Coast Guard search and rescue assets to serve each area 
        referred to in paragraph (1) within 2 hours of a report of 
        distress or request for assistance from such waters; and
            (4) identifying, among any other options the Commandant may 
        provide as required by paragraph (2), locations in the State of 
        Maine that may be suitable for the stationing of a Coast Guard 
        search and rescue helicopter and crew, including any Coast 
        Guard facility in Maine, the Bangor Air National Guard Base, 
        and any other locations.

SEC. 311. PETROLEUM TRANSPORTATION.

    (a) Definitions.--In this section:
            (1) First coast guard district.--The term ``First Coast 
        Guard District'' means the First Coast Guard District described 
        in section 3.05-1(b) of title 33, Code of Federal Regulations.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (3) Waters of the northeast.--The term ``waters of the 
        Northeast''--
                    (A) means the waters subject to the jurisdiction of 
                the First Coast Guard District; and
                    (B) includes the waters of Long Island Sound.
    (b) Regulations Relating to Waters of the Northeast.--
            (1) Towing vessel and barge safety for waters of the 
        northeast.--
                    (A) In general.--Not later than December 31, 1998, 
                the Secretary shall promulgate regulations for towing 
                vessel and barge safety for the waters of the 
                Northeast.
                    (B) Incorporation of recommendations.--
                            (i) In general.--Except as provided in 
                        clause (ii), the regulations promulgated under 
                        this paragraph shall give full consideration to 
                        each of the recommendations for regulations 
                        contained in the report entitled ``Regional 
                        Risk Assessment of Petroleum Transportation in 
                        the Waters of the Northeast United States'' 
                        issued by the Regional Risk Assessment Team for 
                        the First Coast Guard District on February 6, 
                        1997, and the Secretary shall provide a 
                        detailed explanation if any recommendation is 
                        not adopted.
                            (ii) Excluded recommendations.--The 
                        regulations promulgated under this paragraph 
                        shall not incorporate any recommendation 
                        referred to in clause (i) that relates to 
                        anchoring or barge retrieval systems.
            (2) Anchoring and barge retrieval systems.--
                    (A) In general.--Not later than November 30, 1998, 
                the Secretary shall promulgate regulations under 
                section 3719 of title 46, United States Code, for the 
                waters of the Northeast, that shall give full 
                consideration to each of the recommendations made in 
                the report referred to in paragraph (1)(B)(i) relating 
                to anchoring and barge retrieval systems, and the 
                Secretary shall provide a detailed explanation if any 
                recommendation is not adopted.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) prevents the Secretary from promulgating interim 
                final regulations that apply throughout the United 
                States relating to anchoring and barge retrieval 
                systems that contain requirements that are as stringent 
                as the requirements of the regulations promulgated 
                under subparagraph (A).

SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RESCUE CAPABILITY.

    The Secretary of Transportation is authorized to take appropriate 
actions to ensure the establishment and operation by the Coast Guard of 
a helicopter air rescue capability that--
            (1) is located at Gabreski Airport, Westhampton, New York; 
        and
            (2) provides air rescue capability from that location from 
        April 15 to October 15 each year.

SEC. 313. SHIP REPORTING SYSTEMS.

    Section 11 of the Ports and Waterways Safety Act (Public Law 92-
340; 33 U.S.C. 1230), is amended by adding at the end of the following:
    ``(d) Ship Reporting Systems.--The Secretary, in cooperation with 
the International Maritime Organization, is authorized to implement and 
enforce two mandatory ship reporting systems, consistent with 
international law, with respect to vessels subject to such reporting 
systems entering the following areas of the Atlantic Ocean: Cape Cod 
Bay, Massachusetts Bay, and Great South Channel (in the area generally 
bounded by a line starting from a point on Cape Ann, Massachusetts at 
42 deg. 39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70 
deg. 13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south 
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg. 
17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then west to 42 
deg. 04' N., 70 deg. 10' W; and then along the Massachusetts shoreline 
of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 
42 deg. 39' N., 70 deg. 37' W) and in the coastal waters of the 
Southeastern United States within about 25 nm along a 90 nm stretch of 
the Atlantic seaboard (in an area generally extending from the 
shoreline east to longitude 80 deg. 51.6' W with the southern and 
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N., 
respectively).''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    (a) In General.--Chapter 121 of title 46, United States Code, is 
amended--
            (1) by striking ``or is not titled in a State'' in section 
        12102(a);
            (2) by adding at the end thereof the following:
``Sec. 12124. Surrender of title and number
    ``(a) A documented vessel shall not be titled by a State or 
required to display numbers under chapter 123, and any certificate of 
title issued by a State for a documented vessel shall be surrendered in 
accordance with regulations prescribed by the Secretary of 
Transportation.
    ``(b) The Secretary may approve the surrender under subsection (a) 
of a certificate of title for a vessel covered by a preferred mortgage 
under section 31322(d) of this title only if the mortgagee consents.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 121 of 
title 46, United States Code, is amended by adding at the end thereof 
the following:

``12124. Surrender of title and number''.
    (c) Other Amendments.--Title 46, United States Code, is amended--
            (1) by striking section 31322(b) and inserting the 
        following:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage, 
security agreement, or instruments granting a security interest that is 
deemed to be a preferred mortgage under subsection (d) of this section, 
may have any rate of interest to which the parties agree.'';
            (2) by striking ``mortgage or instrument'' each place it 
        appears in section 31322(d)(1) and inserting ``mortgage, 
        security agreement, or instrument'';
            (3) by striking section 31322(d)(3) and inserting the 
        following:
            ``(3) A preferred mortgage under this subsection continues 
        to be a preferred mortgage even if the vessel is no longer 
        titled in the State where the mortgage, security agreement, or 
        instrument granting a security interest became a preferred 
        mortgage under this subsection.'';
            (4) by striking ``mortgages or instruments'' in subsection 
        31322(d)(2) and inserting ``mortgages, security agreements, or 
        instruments'';
            (5) by inserting ``a vessel titled in a State,'' in section 
        31325(b)(1) after ``a vessel to be documented under chapter 121 
        of this title,'';
            (6) by inserting ``a vessel titled in a State,'' in section 
        31325(b)(3) after ``a vessel for which an application for 
        documentation is filed under chapter 121 of this title,''; and
            (7) by inserting ``a vessel titled in a State,'' in section 
        31325(c) after ``a vessel to be documented under chapter 121 of 
        this title,''.

SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY, 
              JACKSONVILLE, FLORIDA.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the land and improvements thereto comprising the Coast 
        Guard Reserve training facility in Jacksonville, Florida, is 
        deemed to be surplus property; and
            (2) the Commandant of the Coast Guard shall dispose of all 
        right, title, and interest of the United States in and to that 
        property, by sale, at fair market value.
    (b) Right of First Refusal.--Before a sale is made under subsection 
(a) to any other person, the Commandant of the Coast Guard shall give 
to the city of Jacksonville, Florida, the right of first refusal to 
purchase all or any part of the property required to be sold under that 
subsection.

SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.

    (a) General Waiver.--Notwithstanding section 27 of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 
1886 (46 App. U.S.C. 289), and sections 12106 and 12108 of title 46, 
United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for each of 
the following vessels:
            (1) SEAGULL (United States official number 1038605).
            (2) BAREFOOT CONTESA (United States official number 
        285410).
            (3) PRECIOUS METAL (United States official number 596316).
            (4) BLUE HAWAII (State of Florida registration number 
        FL0466KC).
            (5) SOUTHERN STAR (United States official number 650774).
            (6) KEEWAYDIN (United States official number 662066).
            (7) W.G. JACKSON (United States official number 1047199).
            (8) The vessel known as hopper barge E-15 (North Carolina 
        State official number 264959).
            (9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian 
        registration number 318746).
            (10) MAR Y PAZ (United States official number 668179).
            (11) SAMAKEE (State of New York registration number NY 4108 
        FK).
            (12) NAWNSENSE (United States official number 977593).
            (13) ELMO (State of Florida registration number FL5337BG).
            (14) MANA-WANUI (United States official number 286657).
            (15) OLD JOE (formerly TEMPTRESS; United States official 
        number 991150).
            (16) M/V BAHAMA PRIDE (United States official number 
        588647).
            (17) WINDWISP (United States official number 571621).
            (18) SOUTHLAND (United States official number 639705).
            (19) FJORDING (United States official number 594363).
            (20) M/V SAND ISLAND (United States official number 
        542918).
            (21) PACIFIC MONARCH (United States official number 
        557467).
            (22) FLAME (United States official number 279363).
            (23) DULARGE (United States official number 653762).
            (24) DUSKEN IV (United States official number 952645).
            (25) SUMMER BREEZE (United States official number 552808).
            (26) ARCELLA (United States official number 1025983).
            (27) BILLIE-B-II (United States official number 982069).
            (28) VESTERHAVET (United States official number 979206).
            (29) BETTY JANE (State of Virginia registration number VA 
        7271 P).
            (30) VORTICE, Bari, Italy, registration number 256.
            (31) The barge G. L. 8 (Canadian official number 814376).
            (32) YESTERDAYS DREAM (United States official number 
        680266).
            (33) ENFORCER (United States official number 502610).
            (34) The vessel registered as State of Oregon registration 
        number OR 766 YE.
            (35) AMICI (United States official number 658055).
            (36) ELIS (United States official number 628358).
            (37) STURE (United States official number 617703).
            (38) CAPT GRADY (United States official number 626257).
            (39) Barge number 1 (United States official number 933248).
            (40) Barge number 2 (United States official number 256944).
            (41) Barge number 14 (United States official number 
        501212).
            (42) Barge number 18 (United States official number 
        297114).
            (43) Barge number 19 (United States official number 
        503740).
            (44) Barge number 21 (United States official number 
        650581).
            (45) Barge number 22 (United States official number 
        650582).
            (46) Barge number 23 (United States official number 
        650583).
            (47) Barge number 24 (United States official number 
        664023).
            (48) Barge number 25 (United States official number 
        664024).
            (49) Barge number 26 (United States official number 
        271926).
            (50) FULL HOUSE (United States official number 1023827).
            (51) EMBARCADERO (United States official number 669327).
            (52) S.A., British Columbia (Canada official number 
        195214).
            (53) FAR HORIZONS (United States official number 1044011).
            (54) LITTLE TOOT (United States official number 938858).
            (55) EAGLE FEATHERS (United States official number 
        1020989).
            (56) ORCA (United States official number 665270).
            (57) TAURUS (United States official number 955814).
            (58) The barge KC-251 (United States official number 
        CG019166; National Vessel Documentation Center number 1055559).
            (59) VIKING (United States official number 224430).
            (60) SARAH B (United States official number 928431).
    (b) FALLS POINT.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(46 U.S.C. App. 289), and section 12106 of title 46, United States 
Code, the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the vessel FALLS POINT, State of Maine registration 
number ME 5435 E.
    (c) COASTAL TRADER.--Section 1120(g) of the Coast Guard 
Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3978) is 
amended by inserting ``COASTAL TRADER (United States official number 
683227),'' after ``vessels''.
    (d) NINA, PINTA, and SANTA MARIA Replicas.--
            (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of 
        June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 
        46, United States Code, the Secretary may issue a certificate 
        of documentation with appropriate endorsement for employment in 
        the coastwise trade only for the purpose of carrying passengers 
        for hire for each of the vessels listed in paragraph (2).
            (2) Vessel descriptions.--The vessels referred to in 
        paragraph (1) are the following:
                    (A) NINA (United States Coast Guard vessel 
                identification number CG034346).
                    (B) PINTA (United States Coast Guard vessel 
                identification number CG034345).
                    (C) NAO SANTA MARIA (United States Coast Guard 
                vessel identification number CG034344).
    (e) Documentation of Vessel COLUMBUS.--
            (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), sections 12102 and 12106 
        of title 46, United States Code, and the endorsement limitation 
        in section 5501(a)(2)(B) of Public Law 102-587, and subject to 
        paragraph (2), the Secretary of Transportation may issue a 
        certificate of documentation with appropriate endorsement for 
        employment in the coastwise trade for the vessel COLUMBUS 
        (United States official number 590658).
            (2) Limitation.--Coastwise trade referred to in paragraph 
        (1) may not include the transportation of dredged material from 
        a project in which the stated intent of the Corps of Engineers, 
        in its Construction Solicitation, or of another contracting 
        entity, is that the dredged material is--
                    (A) to be deposited above mean high tide for the 
                purpose of beach nourishment;
                    (B) to be deposited into a fill area for the 
                purpose of creation of land for an immediate use 
                identified in the Construction Solicitation other than 
                disposal of the dredged material; or
                    (C) for the intention of immediate sale or resale 
                unrelated to disposal.
    (f) FOILCAT.--
            (1) In general.--Notwithstanding sections 12106 and 12108 
        of title 46, United States Code, section 8 of the Passenger 
        Vessel Act (46 U.S.C. App. 289), and section 27 of the Merchant 
        Marine Act, 1920 (46 U.S.C. App. 883), the Secretary of 
        Transportation may issue a certificate of documentation with 
        appropriate endorsement for employment in the coastwise trade 
        for the vessel FOILCAT (United States official number 1063892). 
        The endorsement shall provide that the vessel shall operate 
        under the certificate of documentation only within the State of 
        Hawaii and that the vessel shall not operate on any route 
        served by a passenger ferry as of the date the Secretary of 
        Transportation issues a certificate of documentation under this 
        Act.
            (2) Termination.--The endorsement issued under paragraph 
        (1) shall be in effect for the vessel FOILCAT for the period--
                    (A) beginning on the date on which the vessel is 
                placed in service to initiate a high-speed marine ferry 
                demonstration project sponsored by the State of Hawaii; 
                and
                    (B) ending on the last day of the 36th month 
                beginning after the date on which it became effective 
                under subparagraph (A).

SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS.

    (a) In General.--The Commandant of the Coast Guard, may convey, by 
an appropriate means of conveyance, all right, title, and interest of 
the United States in and to the United States Coast Guard Recreation 
Facility Nahant, Massachusetts, to the Town of Nahant (the ``Town'') 
unless the Commandant, or his delegate, in his sole discretion 
determines that the conveyance would not provide a public benefit.
    (b) Identification of Property.--The Commandant may identify, 
describe, and determine the property to be conveyed under this section.
    (c) Terms of Conveyance.--The conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to such terms and conditions as the Commandant 
        may consider appropriate to protect the interests of the United 
        States, including the reservation of easements or other rights 
        on behalf of the United States.
    (d) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
            (1) the property, or any part thereof, ceases to be owned 
        and used by the Town;
            (2) the Town fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (c); or
            (3) at least 30 days before such reversion, the Commandant 
        provides written notice to the Town that the property conveyed 
        is needed for national security purposes.

SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.

    Notwithstanding any other provision of law, the liftbridge over the 
back channel of the Schuylkill River in Philadelphia, Pennsylvania, is 
deemed to unreasonably obstruct navigation.

SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE VESSELS.

    Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is 
amended--
            (1) in subsection (a)(1), by striking ``(except'' and all 
        that follows through ``Act)'' and inserting a comma; and
            (2) by adding at the end of subsection (c) the following:
            ``(4) Certain tank vessels.--Subsection (a)(1) shall not 
        apply to--
                    ``(A) a tank vessel on which the only oil carried 
                as cargo is an animal fat or vegetable oil, as those 
                terms are used in section 2 of the Edible Oil 
                Regulatory Reform Act; and
                    ``(B) a tank vessel that is designated in its 
                certificate of inspection as an oil spill response 
                vessel (as that term is defined in section 2101 of 
                title 46, United States Code) and that is used solely 
                for removal.''.

SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE UNIVERSITY 
              IN JACKSONVILLE, FLORIDA.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may convey 
        to Jacksonville University, located in Jacksonville, Florida, 
        without consideration, all right, title, and interest of the 
        United States in and to the property comprising the Long Branch 
        Rear Range Light, Jacksonville, Florida.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--Any conveyance of any property under 
this section shall be made--
            (1) subject to the terms and conditions the Commandant may 
        consider appropriate; and
            (2) subject to the condition that all right, title, and 
        interest in and to property conveyed shall immediately revert 
        to the United States if the property, or any part thereof, 
        ceases to be used by Jacksonville University.

SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION.

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e)(1) A vessel may not transport Government-impelled cargoes 
if--
            ``(A) the vessel has been detained and determined to be 
        substandard by the Secretary for violation of an international 
        safety convention to which the United States is a party, and 
        the Secretary has published notice of that detention and 
        determination in an electronic form, including the name of the 
        owner of the vessel; or
            ``(B) the operator of the vessel has on more than one 
        occasion had a vessel detained and determined to be substandard 
        by the Secretary for violation of an international safety 
        convention to which the United States is a party, and the 
        Secretary has published notice of that detention and 
        determination in an electronic form, including the name of the 
        owner of the vessel.
    ``(2) The prohibition in paragraph (1) expires for a vessel on the 
earlier of--
            ``(A) 1 year after the date of the publication in 
        electronic form on which the prohibition is based; or
            ``(B) any date on which the owner or operator of the vessel 
        prevails in an appeal of the violation of the relevant 
        international convention on which the detention is based.
    ``(3) As used in this subsection, the term `Government-impelled 
cargo' means cargo for which a Federal agency contracts directly for 
shipping by water or for which (or the freight of which) a Federal 
agency provides financing, including financing by grant, loan, or loan 
guarantee, resulting in shipment of the cargo by water.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect January 1, 1999.

SEC. 409. COAST GUARD CITY, USA.

    The Commandant of the Coast Guard may recognize the community of 
Grand Haven, Michigan, as ``Coast Guard City, USA''. If the Commandant 
desires to recognize any other community in the same manner or any 
other community requests such recognition from the Coast Guard, the 
Commandant shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives 90 days prior to 
approving such recognition.

SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD 
              RECEIVER SITE, MASSACHUSETTS.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the Coast Guard may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the Coast 
        Guard Communication Station Boston Marshfield Receiver Site, 
        Massachusetts, to the Town of Marshfield, Massachusetts (the 
        ``Town'') unless the Commandant, or his delegate, in his sole 
        discretion determines that the conveyance would not provide a 
        public benefit.
            (2) Limitation.--The Commandant shall not convey under this 
        section the land on which is situated the communications tower 
        and the microwave building facility of that station.
            (3) Identification of property.--
                    (A) The Commandant may identify, describe and 
                determine the property to be conveyed to the Town under 
                this section.
                    (B) The Commandant shall determine the exact 
                acreage and legal description of the property to be 
                conveyed under this section by a survey satisfactory to 
                the Commandant. The cost of the survey shall be borne 
                by the Town.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the following terms and conditions:
                    (A) The Commandant may reserve utility, access, and 
                any other appropriate easements on the property 
                conveyed for the purpose of operating, maintaining, and 
                protecting the communications tower and the microwave 
                building facility.
                    (B) The Town and its successors and assigns shall, 
                at their own cost and expense, maintain the property 
                conveyed under this section in a proper, substantial, 
                and workmanlike manner as necessary to ensure the 
                operation, maintenance, and protection of the 
                communications tower and the microwave building 
                facility.
                    (C) Any other terms and conditions the Commandant 
                considers appropriate to protect the interests of the 
                United States, including the reservation of easements 
                or other rights on behalf of the United States.
    (c) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
            (1) the property, or any part thereof, ceases to be owned 
        and used by the Town;
            (2) the Town fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (b); or
            (3) at least 30 days before such reversion, the Commandant 
        provides written notice to the Town that the property conveyed 
        is needed for national security purposes.

SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN OIL SPILL 
              PREVENTION AND RESPONSE ACTIVITIES.

    (a) Clarification of Liability for Preventing Substantial Threat of 
Discharge.--Section 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) is amended--
            (1) in subsection (a)(8) by striking ``to minimize or 
        mitigate damage'' and inserting ``to prevent, minimize, or 
        mitigate damage'';
            (2) by striking ``and'' after the semicolon at the end of 
        subsection (a)(23), by striking the period at the end of 
        subsection (a)(24) and inserting ``; and'', and by adding at 
        the end of subsection (a) the following:
            ``(25) `removal costs' means--
                    ``(A) the costs of removal of oil or a hazardous 
                substance that are incurred after it is discharged; and
                    ``(B) in any case in which there is a substantial 
                threat of a discharge of oil or a hazardous substance, 
                the costs to prevent, minimize, or mitigate that 
                threat.''; and
            (3) in subsection (c)(4)(A), by striking the period at the 
        end and inserting the following: ``relating to a discharge or a 
        substantial threat of a discharge of oil or a hazardous 
        substance.''.
    (b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended--
            (1) by striking ``and (C)'' and inserting ``, (C)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (D) discharges incidental to mechanical 
        removal authorized by the President under subsection (c) of 
        this section''.

SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.

    (a) Vessel TURMOIL.--
            (1) In general.--The vessel described in paragraph (2) is 
        deemed for all purposes, including title 46, United States 
        Code, and all regulations thereunder, to be a recreational 
        vessel of less than 300 gross tons, if--
                    (A) it does not carry cargo or passengers for hire; 
                and
                    (B) it does not engage in commercial fisheries or 
                oceanographic research.
            (2) Vessel described.--The vessel referred to in paragraph 
        (1) is the vessel TURMOIL (British official number 726767).
    (b) Pilot Program.--
            (1) In general.--The Secretary may establish a pilot 
        program to exempt a vessel of at least 300 gross tons as 
        measured under chapter 143 or chapter 145 of title 46, United 
        States Code, from the requirement to be inspected under section 
        3301(7) of title 46, United States Code, as a seagoing motor 
        vessel, if--
                    (A) the vessel does not carry any cargo or 
                passengers for hire;
                    (B) the vessel does not engage in commercial 
                service, commercial fisheries, or oceanographic 
                research; and
                    (C) the vessel does not engage in towing.
            (2) Expiration of authority.--The authority to grant the 
        exemptions under this subsection expires 2 years after the date 
        of enactment of this Act. Any specific exemptions granted under 
        this subsection shall nonetheless remain in effect.

SEC. 413. LAND CONVEYANCE, COAST GUARD STATION OCRACOKE, NORTH 
              CAROLINA.

    (a) Authority To Convey.--The Secretary of Transportation may 
convey, without consideration, to the State of North Carolina (in this 
section referred to as the ``State''), all right, title, and interest 
of the United States in and to a parcel of real property, together with 
any improvements thereon, in Ocracoke, North Carolina, consisting of 
such portion of the Coast Guard Station Ocracoke, North Carolina, as 
the Secretary considers appropriate for purposes of the conveyance.
    (b) Conditions.--The conveyance under subsection (a) shall be 
subject to the following conditions:
            (1) That the State accept the property to be conveyed under 
        that subsection subject to such easements or rights of way in 
        favor of the United States as the Secretary considers to be 
        appropriate for--
                    (A) utilities;
                    (B) access to and from the property;
                    (C) the use of the boat launching ramp on the 
                property; and
                    (D) the use of pier space on the property by search 
                and rescue assets.
            (2) That the State maintain the property in a manner so as 
        to preserve the usefulness of the easements or rights of way 
        referred to in paragraph (1).
            (3) That the State utilize the property for transportation, 
        education, environmental, or other public purposes.
    (c) Reversion.--(1) If the Secretary determines at any time that 
the property conveyed under subsection (a) is not being used in 
accordance with subsection (b), all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry thereon.
    (2) Upon reversion under paragraph (1), the property shall be under 
the administrative jurisdiction of the Administrator of General 
Services.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under subsection (a), and any 
easements or rights of way granted under subsection (b)(1), shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the State.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions with respect to the conveyance 
under subsection (a), and any easements or rights of way granted under 
subsection (b)(1), as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN SAULT SAINTE MARIE, 
              MICHIGAN.

    (a) Requirement To Convey.--The Secretary of Transportation (in 
this section referred to as the ``Secretary'') shall promptly convey, 
without consideration, to American Legion Post No. 3 in Sault Sainte 
Marie, Michigan, all right, title, and interest of the United States in 
and to the parcel of real property described in section 202 of the 
Water Resources Development Act of 1990 (Public Law 101-640), as 
amended by section 323 of the Water Resources Development Act of 1992 
(Public Law 102-580), comprising approximately 0.565 acres, together 
with any improvements thereon.
    (b) Condition.--The conveyance under subsection (a) shall be 
subject to the condition that the property be used as a clubhouse for 
the American Legion Post No. 3.
    (c) Reversion.--(1) If the Secretary determines at any time that 
the property conveyed under subsection (a) is not being used in 
accordance with subsection (b), all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry thereon.
    (2) Upon reversion under paragraph (1), the property shall be under 
the administrative jurisdiction of the Administrator of General 
Services.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the American Legion Post No. 3.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions with respect to the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

    (a) In General.--
            (1) Subject to subsection (b), the Secretary of 
        Transportation shall continue to implement and enforce the 
        United States Coast Guard 1997 Enforcement Policy for Cargo 
        Residues on the Great Lakes and revisions thereto that are made 
        in accordance with that Policy (hereinafter in this section 
        referred to as the ``Policy'') for the purpose of regulating 
        incidental discharges from vessels of residues of dry bulk 
        cargo into the waters of the Great Lakes under the jurisdiction 
        of the United States.
            (2) Any discharge under this section shall comply with all 
        terms and conditions of the Policy.
    (b) Expiration of Interim Authority.--The Policy shall cease to 
have effect on the date which is the earliest of--
            (1) the effective date of regulations promulgated pursuant 
        to legislation enacted subsequent to the enactment of this Act 
        providing for the regulation of incidental discharges from 
        vessels of dry bulk cargo residue into the waters of the Great 
        Lakes under the jurisdiction of the United States is enacted; 
        or
            (2) September 30, 2002.

SEC. 416. CONVEYANCE OF LIGHTHOUSES.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the Coast Guard, or the 
        Administrator of the General Services Administration, as 
        appropriate, may convey, by an appropriate means of conveyance, 
        all right, title, and interest of the United States in and to 
        each of the following properties:
                    (A) Light Station Sand Point, located in Escanaba, 
                Michigan, to the Delta County Historical Society.
                    (B) Light Station Dunkirk, located in Dunkirk, New 
                York, to the Dunkirk Historical Lighthouse and 
                Veterans' Park Museum.
                    (C) The Mukilteo Light Station, located in 
                Mukilteo, Washington, to the City of Mukilteo.
                    (D) Eagle Harbor Light Station, located in 
                Michigan, to the Keweenaw County Historical Society.
                    (E) Cape Decision Light Station, located in Alaska, 
                to the Cape Decision Lighthouse Society.
                    (F) Cape St. Elias Light Station, located in 
                Alaska, to the Cape St. Elias Light Keepers 
                Association.
                    (G) Five Finger Light Station, located in Alaska, 
                to the Juneau Lighthouse Association.
                    (H) Point Retreat Light Station, located in Alaska, 
                to the Alaska Lighthouse Association.
                    (I) Hudson-Athens Lighthouse, located in New York, 
                to the Hudson-Athens Lighthouse Preservation Society.
                    (J) Georgetown Light, located in Georgetown County, 
                South Carolina, to the South Carolina Department of 
                Natural Resources.
                    (K) Coast Guard Light Station Two Harbors, located 
                in Lake County, Minnesota, to the Lake County 
                Historical Society.
            (2) Identification of property.--The Commandant or 
        Administrator, as appropriate, may identify, describe, and 
        determine the property to be conveyed under this subsection.
            (3) Exception.--The Commandant or Administrator, as 
        appropriate, may not convey any historical artifact, including 
        any lens or lantern, located on the property at or before the 
        time of the conveyance.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions required by 
                this section and other terms and conditions the 
                Commandant or the Administrator, as appropriate, may 
                consider, including the reservation of easements and 
                other rights on behalf of the United States.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, the conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property shall 
        immediately revert to the United States if--
                    (A) the property, or any part of the property--
                            (i) ceases to be used as a nonprofit center 
                        for public benefit for the interpretation and 
                        preservation of maritime history;
                            (ii) ceases to be maintained in a manner 
                        that is consistent with its present or future 
                        use as a site for Coast Guard aids to 
                        navigation or compliance with this Act; or
                            (iii) ceases to be maintained in a manner 
                        consistent with the conditions in paragraph (5) 
                        established by the Commandant or the 
                        Administrator, as appropriate, pursuant to the 
                        National Historic Preservation Act of 1966 (16 
                        U.S.C. 470 et seq.); or
                    (B) at least 30 days before that reversion, the 
                Commandant or the Administrator, as appropriate, 
                provides written notice to the owner that the property 
                is needed for national security purposes.
            (3) Maintenance of navigation functions.--The conveyance of 
        property under this section shall be made subject to the 
        conditions that the Commandant or Administrator, as 
        appropriate, considers to be necessary to assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States for as long as they are 
                needed for this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to 
                navigation without express written permission from the 
                Commandant or Administrator, as appropriate;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of operating, maintaining and inspecting aids 
                to navigation, and for the purpose of enforcing 
                compliance with subsection (b); and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Obligation limitation.--The owner of the property is 
        not required to maintain any active aid to navigation equipment 
        on the property, except private aids to navigation permitted 
        under section 83 of title 14, United States Code.
            (5) Maintenance of property.--The owner of the property 
        shall maintain the property in a proper, substantial, and 
        workmanlike manner, and in accordance with any conditions 
        established by the Commandant or the Administrator, as 
        appropriate, pursuant to the National Historic Preservation Act 
        of 1966 (16 U.S.C. 470 et seq.), and other applicable laws.
    (c) Definitions.--In this section:
            (1) Aids to navigation.--The term ``aids to navigation'' 
        means equipment used for navigation purposes, including but not 
        limited to, a light, antenna, sound signal, electronic 
        navigation equipment, or other associated equipment which are 
        operated or maintained by the United States.
            (2) Owner.--The term ``owner'' means the person identified 
        in subsection (a)(1), and includes any successor or assign of 
        that person.
            (3) Delta county historical society.--The term ``Delta 
        County Historical Society'' means the Delta County Historical 
        Society (a nonprofit corporation established under the laws of 
        the State of Michigan, its parent organization, or subsidiary, 
        if any).
            (4) Dunkirk historical lighthouse and veterans' park 
        museum.--The term ``Dunkirk Historical Lighthouse and Veterans' 
        Park Museum'' means Dunkirk Historical Lighthouse and Veterans' 
        Park Museum located in Dunkirk, New York, or, if appropriate as 
        determined by the Commandant, the Chautauqua County Armed 
        Forces Memorial Park Corporation, New York.
            (5) Lake county historical society.--The term ``Lake County 
        Historical Society'' means the Lake County Historical Society 
        (a nonprofit corporation established under the laws of the 
        State of Minnesota), its parent organization or subsidiary, if 
        any, and its successors and assigns.
    (d) Notification.--Not less than one year prior to reporting to the 
General Services Administration that a lighthouse or light station 
eligible for listing under the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq.) and under the jurisdiction of the Coast 
Guard is excess to the needs of the Coast Guard, the Commandant of the 
Coast Guard shall notify the State in which the lighthouse or light 
station is located, (including the State Historic Preservation Officer, 
if any) the appropriate political subdivision of that State, and any 
lighthouse, historic, or maritime preservation organizations in that 
State, that such property is excess to the needs of the Coast Guard.
    (e) Extension of Period for Conveyance of Whitlock's Mill Light.--
Notwithstanding section 1002(a)(3) of the Coast Guard Authorization Act 
of 1996, the conveyance authorized by section 1002(a)(2)(AA) of that 
Act may take place after the date required by section 1002(a)(3) of 
that Act but no later than December 31, 1998.

SEC. 417. CONVEYANCE OF COAST GUARD LORAN STATION NANTUCKET.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the United States Coast 
        Guard may convey, by an appropriate means of conveyance, all 
        right, title, and interest of the United States in and to 
        approximately 29.4 acres of land, together with the 
        improvements thereon, at Coast Guard LORAN Station Nantucket, 
        Nantucket, Massachusetts, to the Town of Nantucket, 
        Massachusetts (``the Town'') unless the Commandant, or his 
        delegate, in his sole discretion determines that the conveyance 
        would not provide a public benefit.
            (2) Identification of property.--
                    (A) The Commandant may identify, define, describe, 
                and determine the real property to be conveyed under 
                this section.
                    (B) The Commandant shall determine the exact 
                acreage and legal description of the property to be 
                conveyed under this section by a survey satisfactory to 
                the Commandant. The cost of the survey shall be borne 
                by the Town.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of real property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the following terms and conditions:
                            (i) The Town shall not, upon the property 
                        conveyed, allow, conduct, or permit any 
                        activity, or operate, allow, or permit the 
                        operation of, any equipment or machinery, that 
                        would interfere or cause interference, in any 
                        manner, with any aid to navigation located upon 
                        property retained by the United States at Coast 
                        Guard LORAN Station Nantucket, without the 
                        express written permission from the Commandant.
                            (ii) The Town shall maintain the real 
                        property conveyed in a manner consistent with 
                        the present and future use of any property 
                        retained by the United States at Coast Guard 
                        LORAN Station Nantucket as a site for an aid to 
                        navigation.
                            (iii) Any other terms and conditions the 
                        Commandant considers appropriate to protect the 
                        interests of the United States, including the 
                        reservation of easements or other rights on 
                        behalf of the United States.
            (2) Reversionary interest.--The conveyance of real property 
        pursuant to this section shall be subject to the condition that 
        all right, title, and interest in such property shall 
        immediately revert to the United States if--
                    (A) the property, or any part thereof, ceases to be 
                owned and used by the Town;
                    (B) the Town fails to maintain the property 
                conveyed in a manner consistent with the terms and 
                conditions in paragraph (1); or
                    (C) at least 30 days before such reversion, the 
                Commandant provides written notice to the Town that the 
                property conveyed is needed for national security 
                purposes.

SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.

    (a) In General.--The Commandant of the Coast Guard may convey all 
right, title, and interest of the United States in and to each of 2 
decommissioned ``White Class'' 133-foot Coast Guard vessels to 
Canvasback Mission, Inc. (a nonprofit corporation under the laws of the 
State of Oregon; in this section referred to as ``the recipient''), 
without consideration, if--
            (1) the recipient agrees--
                    (A) to use the vessel for purposes of providing 
                medical services to Central and South Pacific island 
                nations;
                    (B) not to use the vessel for commercial 
                transportation purposes except those incident to the 
                provisions of those medical services;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant 
                in times of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under paragraph (1)(C);
            (2) the recipient has funds available that will be 
        committed to operate and maintain each vessel conveyed in good 
        working condition, in the form of cash, liquid assets, or a 
        written loan commitment, and in the amount of at least $400,000 
        per vessel; and
            (3) the recipient agrees to any other conditions the 
        Commandant considers appropriate.
    (b) Maintenance and Delivery of Vessels.--Prior to conveyance of a 
vessel under this section, the Commandant shall, to the extent 
practical, and subject to other Coast Guard mission requirements, make 
every effort to maintain the integrity of the vessel and its equipment 
until the time of delivery. If a conveyance is made under this section, 
the Commandant shall deliver the vessel at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of the vessel under this section shall not 
be considered a distribution in commerce for purposes of section 6(e) 
of Public Law 94-469 (15 U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as a medical services vessel in 
Central and South Pacific Islands.

SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

    Section 1008(d)(1) of the Coast Guard Authorization Act of 1996 is 
amended by striking ``2 years'' and inserting ``3 years''.

SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE 
              INTERIOR.

    The Administrator of the General Services Administration shall 
transfer administrative jurisdiction over the Federal property 
consisting of approximately 2 acres, known as the Ocracoke Light 
Station, to the Secretary of the Interior, subject to such 
reservations, terms, and conditions as may be necessary for Coast Guard 
purposes. All property so transferred shall be included in and 
administered as part of the Cape Hatteras National Seashore.

SEC. 421. VESSEL DOCUMENTATION CLARIFICATION.

    Section 12102(a)(4) of title 46, United States Code, and section 
2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each amended 
by--
            (1) striking ``president or other''; and
            (2) inserting a comma and ``by whatever title,'' after 
        ``chief executive officer''.

SEC. 422. DREDGE CLARIFICATION.

    Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is 
amended by adding at the end thereof the following:
            ``(3) A vessel--
                    ``(A) configured, outfitted, and operated primarily 
                for dredging operations; and
                    ``(B) engaged in dredging operations which 
                transfers fuel to other vessels engaged in the same 
                dredging operations without charge.''.

SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.

    Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. Code 
3703a note) is amended by adding at the end thereof the following:
            ``(3)(A) The Secretary of Transportation shall coordinate 
        with the Marine Board of the National Research Council to 
        conduct the necessary research and development of a rationally 
        based equivalency assessment approach, which accounts for the 
        overall environmental performance of alternative tank vessel 
        designs. Notwithstanding the Coast Guard opinion of the 
        application of sections 101 and 311 of the Clean Water Act (33 
        U.S.C. 1251 and 1321), the intent of this study is to establish 
        an equivalency evaluation procedure that maintains a high 
        standard of environmental protection, while encouraging 
        innovative ship design. The study shall include:
                    ``(i) development of a generalized cost spill data 
                base, which includes all relevant costs such as clean-
                up costs and environmental impact costs as a function 
                of spill size;
                    ``(ii) refinement of the probability density 
                functions used to establish the extent of vessel 
                damage, based on the latest available historical damage 
                statistics, and current research on the crash 
                worthiness of tank vessel structures;
                    ``(iii) development of a rationally based approach 
                for calculating an environmental index, to assess 
                overall outflow performance due to collisions and 
                groundings; and
                    ``(iv) application of the proposed index to double 
                hull tank vessels and alternative designs currently 
                under consideration.
            ``(B) A Marine Board committee shall be established not 
        later that 2 months after the date of enactment of the Coast 
        Guard Authorization Act of 1998. The Secretary of 
        Transportation shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure in the House of 
        Representatives a report on the results of the study not later 
        than 12 months after the date of enactment of the Coast Guard 
        Authorization Act of 1998.
            ``(C) Of the amounts authorized by section 1012(a)(5)(A) of 
        this Act, $500,000 is authorized to carry out the activities 
        under subparagraphs (A) and (B) of this paragraph.''.

SEC. 424. VESSEL SHARING AGREEMENTS.

    (a) Section 5 of the Shipping Act of 1984 (46 U.S.C. App. 1704) is 
amended by adding at the end thereof the following:
    ``(g) Vessel Sharing Agreements.--An ocean common carrier that is 
the owner, operator, or bareboat, time, or slot charterer of a United 
States-flag liner vessel documented pursuant to sections 12102(a) or 
(d) of title 46, United States Code, is authorized to agree with an 
ocean common carrier that is not the owner, operator or bareboat 
charterer for at least one year of United States-flag liner vessels 
which are eligible to be included in the Maritime Security Fleet 
Program and are enrolled in an Emergency Preparedness Program pursuant 
to subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1187 et seq.), to which it charters or subcharters the United 
States-flag vessel or space on the United States-flag vessel that such 
charterer or subcharterer may not use or make available space on the 
vessel for the carriage of cargo reserved by law for United States-flag 
vessels.''.
    (b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. App. 
1709(c)(6)) is amended by inserting ``authorized by section 5(g) of 
this Act, or as'' before ``otherwise''.
    (c) Nothing in this section shall affect or in any way diminish the 
authority or effectiveness of orders issued by the Maritime 
Administration pursuant to sections 9 and 41 of the Shipping Act, 1916 
(46 U.S.C. App. 808 and 839).
    (d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C. App. 
1702(6)(B)) is amended by striking ``parcel-tanker.'' and inserting 
``parcel-tanker or by vessel when primarily engaged in the carriage of 
perishable agricultural commodities (i) if the common carrier and the 
owner of those commodities are wholly-owned, directly or indirectly, by 
a person primarily engaged in the marketing and distribution of those 
commodities and (ii) only with respect to the carriage of those 
commodities.''.

SEC. 425. REPORTS.

    (a) SWATH Technology.--The Commandant of the Coast Guard shall, 
within 18 months after the date of enactment of this Act, report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
Committee on Transportation and Infrastructure on the applicability of 
Small Waterplane Area Twin Hull (SWATH) technology, including concepts 
developed by the United States Office of Naval Research, to the design 
of Coast Guard vessels.
    (b) Marine Guidance Systems.--The Secretary of Transportation 
shall, within 12 months after the date of the enactment of this Act, 
evaluate and report to the Congress on the suitability of marine sector 
laser lighting, cold cathode lighting, and ultraviolet enhanced vision 
technologies for use in guiding marine vessels and traffic.

SEC. 426. REPORT ON TONNAGE CALCULATION METHODOLOGY.

    The Administrator of the Panama Canal Commission shall, within 90 
days of the date of enactment of this Act, submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report detailing the methodology employed in the calculation of the 
charge of tolls for the carriage of on-deck containers and the 
justification thereof.

SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSELS.

    (a) Authority To Convey.--Notwithstanding any other law, the 
Secretary of Transportation (referred to in this section as ``the 
Secretary'') may convey all right, title, and interest of the Federal 
Government in and to either or both of the vessels S.S. AMERICAN 
VICTORY (United States official number 248005) and S.S. HATTIESBURG 
VICTORY (United States official number 248651) to The Victory Ship, 
Inc., located in Tampa, Florida (in this section referred to as the 
``recipient''), and the recipient may use each vessel conveyed only as 
a memorial to the Victory class of ships.
    (b) Terms of Conveyance.--
            (1) Delivery of vessel.--In carrying out subsection (a), 
        the Secretary shall deliver a vessel--
                    (A) at the place where the vessel is located on the 
                date of conveyance;
                    (B) in its condition on that date; and
                    (C) at no cost to the Federal Government.
            (2) Required conditions.--The Secretary may not convey a 
        vessel under this section unless--
                    (A) the recipient agrees to hold the Government 
                harmless for any claims arising from exposure to 
                hazardous material, including asbestos and 
                polychlorinated biphenyls, after conveyance of the 
                vessel, except for claims arising before the date of 
                the conveyance or from use of the vessel by the 
                Government after that date; and
                    (B) the recipient has available, for use to restore 
                the vessel, in the form of cash, liquid assets, or a 
                written loan commitment, financial resources of at 
                least $100,000.
            (3) Additional terms.--The Secretary may require such 
        additional terms in connection with the conveyance authorized 
        by this section as the Secretary considers appropriate.
    (c) Other Unneeded Equipment.--The Secretary may convey to the 
recipient of any vessel conveyed under this section any unneeded 
equipment from other vessels in the National Defense Reserve Fleet, for 
use to restore the vessel conveyed under this section to museum 
quality.

SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, 
              JOHN HENRY.

    (a) Authority to Convey.--Notwithstanding any other law, the 
Secretary of Transportation (in this section referred to as ``the 
Secretary'') may convey all right, title, and interest of the United 
States Government in and to the vessel JOHN HENRY (United States 
official number 599294) to a purchaser for use in humanitarian relief 
efforts, including the provision of water and humanitarian goods to 
developing nations.
    (b) Terms of Conveyance.--
            (1) Delivery of vessel.--In carrying out subsection (a), 
        the Secretary shall deliver the vessel--
                    (A) at the place where the vessel is located on the 
                date of conveyance;
                    (B) in its condition on that date;
                    (C) at no cost to the United States Government; and
                    (D) only after the vessel has been redesignated as 
                not militarily useful.
            (2) Required conditions.--The Secretary may not convey a 
        vessel under this section unless--
                    (A) competitive procedures are used for sales under 
                this section;
                    (B) the vessel is sold for not less than the fair 
                market value of the vessel in the United States, as 
                determined by the Secretary of Transportation;
                    (C) the recipient agrees that the vessel shall not 
                be used for commercial transportation purposes or for 
                the carriage of cargoes reserved to United States flag 
                commercial vessels under section 901(b) and 901f of the 
                Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 
                1241f);
                    (D) the recipient agrees to hold the Government 
                harmless for any claims arising from exposure to 
                hazardous material, including asbestos and 
                polychlorinated biphenyls, after the conveyance of the 
                vessel, except for claims arising before the date of 
                the conveyance or from use of the vessel by the 
                Government after that date; and
                    (E) the recipient provides sufficient evidence to 
                the Secretary that it has financial resources in the 
                form of cash, liquid assets, or a written loan 
                commitment of at least $100,000.
                    (F) the recipient agrees to make the vessel 
                available to the Government if the Secretary requires 
                use of the vessel by the Government for war or national 
                emergency.
                    (G) the recipient agrees to document the vessel 
                under chapter 121 of title 46, United States Code.
            (3) Additional terms.--The Secretary may require such 
        additional terms in connection with the conveyance authorized 
        by this section as the Secretary considers appropriate.
    (c) Proceeds.--Any amounts received by the United States as 
proceeds from the sale of the M/V JOHN HENRY shall be deposited in the 
Vessel Operations Revolving Fund established by the Act of June 2, 1951 
(chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended 
in accordance with section 6(a) of the National Maritime Heritage Act 
(16 U.S.C. App. 5405(a)).

SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND 
              ENCUMBRANCES.

    Section 315(c)(1) of the Federal Maritime Commission Authorization 
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
            (1) by striking ``3 contiguous tracts'' and inserting ``4 
        tracts''; and
            (2) by striking ``Tract A'' and all that follows through 
        the end of the paragraph and inserting the 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).

``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.''.

SEC. 430. BARGE APL-60.

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(46 U.S.C. App. 289), and section 12106 of title 46, United States 
Code, the Secretary may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
barge APL-60 (United States official number 376857).
    (b) Limitations.--The vessel described in subsection (a) may be 
employed in the coastwise trade only for the purpose of participating 
in the ship disposal initiative initially funded by the Department of 
Defense Appropriations Act, 1999, for the duration of that initiative.
    (c) Termination.--A coastwise endorsement issued under subsection 
(a) shall terminate on the earlier of--
            (1) the completion of the final coastwise trade voyage 
        associated with the ship disposal initiative described in 
        subsection (b); or
            (2) the sale or transfer of the vessel described in 
        subsection (a) to an owner other than the owner of the vessel 
        as of October 1, 1998.

SEC. 431. VESSEL FINANCING FLEXIBILITY.

    The Secretary of Transportation may guarantee obligations under 
section 1103 of the Merchant Marine Act, 1936 (46 App. U.S.C.1273), for 
the vessels planned for construction to be purchased by the American 
West Steamboat Company and to be named QUEEN OF THE YUKON, which will 
operate on the Yukon and Tanana Rivers, and EMPRESS OF THE NORTH, which 
will operate in Alaska, Washington, and Oregon. Notwithstanding 
sections 509, 1103(c)), and 1104A(b) of the Merchant Marine Act, 1936 
(46 App. U.S.C. 1159, 1273(c), and 1274(b)), the Secretary of 
Transportation may guarantee obligations of 87\1/2\ percent of the 
purchase price of such vessels. Each obligation guaranteed under this 
section may have a maturity date of 25 years from the date of delivery 
of the vessel concerned.

SEC. 432. HYDROGRAPHIC FUNCTIONS.

    (a) Effective Date.--Subsections (b) and (c) shall take effect 
immediately after the later of--
            (1) the enactment of the Hydrographic Services Improvement 
        Act of 1998; or
            (2) the enactment of this Act.
    (b) Authorization of Appropriations.--Section 306 of the 
Hydrographic Services Improvement Act of 1998 is amended to read as 
follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Administrator the 
following:
            ``(1) To carry out nautical mapping and charting functions 
        under the Act of 1947 and sections 303 and 304, except for 
        conducting hydrographic surveys, $33,000,000 for fiscal year 
        1999, $34,000,000 for fiscal year 2000, and $35,000,000 for 
        fiscal year 2001.
            ``(2) To conduct hydrographic surveys under section 
        303(a)(1), including the leasing of ships, $33,000,000 for 
        fiscal year 1999, $35,000,000 for fiscal year 2000, and 
        $37,000,000 for fiscal year 2001. Of these amounts, no more 
        than $16,000,000 is authorized for any one fiscal year to 
        operate hydrographic survey vessels owned and operated by the 
        Administration.
            ``(3) To carry out geodetic functions under the Act of 
        1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal 
        year 2000, and $30,000,000 for fiscal year 2001.
            ``(4) To carry out tide and current measurement functions 
        under the Act of 1947, $22,500,000 for each of fiscal years 
        1999 through 2001. Of these amounts $4,500,000 is authorized 
        for each fiscal year to implement and operate a national 
        quality control system for real-time tide and current and 
        maintain the national tide network, and $7,000,000 is 
        authorized for each fiscal year to design and install real-time 
        tide and current data measurement systems under section 
        303(b)(4).''.
    (c) Repeal of Report Requirements.--Section 305 of the Hydrographic 
Services Improvement Act of 1998 is amended by striking subsections (a) 
and (d).

         TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

SEC. 501. FINDINGS.

    The Congress finds that--
            (1) current coastwise trade laws provide no administrative 
        authority to waive the United-States-built requirement of those 
        laws for the limited carriage of passengers for hire on vessels 
        built or rebuilt outside the United States;
            (2) requests for such waivers require the enactment of 
        legislation by the Congress;
            (3) each Congress routinely approves numerous such requests 
        for waiver and rarely rejects any such request; and
            (4) the review and approval of such waiver requests is a 
        ministerial function which properly should be executed by an 
        administrative agency with appropriate expertise.

SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.

    Notwithstanding sections 12106 and 12108 of title 46, United States 
Code, section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and 
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), the 
Secretary of Transportation may issue a certificate of documentation 
with appropriate endorsement for employment in the coastwise trade as a 
small passenger vessel or an uninspected passenger vessel for an 
eligible vessel authorized to carry no more than 12 passengers for hire 
if the Secretary, after notice and an opportunity for public comment, 
determines that the employment of the vessel in the coastwise trade 
will not adversely affect--
            (1) United States vessel builders; or
            (2) the coastwise trade business of any person who employs 
        vessels built in the United States in that business.

SEC. 503. REVOCATION.

    The Secretary may revoke an endorsement issued under section 502, 
after notice and an opportunity for public comment, if the Secretary 
determines that the employment of the vessel in the coastwise trade has 
substantially changed since the issuance of the endorsement, and--
            (1) the vessel is employed other than as a small passenger 
        vessel or an uninspected passenger vessel; or
            (2) the employment of the vessel adversely affects--
                    (A) United States vessel builders; or
                    (B) the coastwise trade business of any person who 
                employs vessels built in the United States.

SEC. 504. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Eligible vessel.--The term ``eligible vessel'' means a 
        vessel that--
                    (A) was not built in the United States and is at 
                least 3 years of age; or
                    (B) if rebuilt, was rebuilt outside the United 
                States at least 3 years before the certification 
                requested under section 502, if granted, would take 
                effect.
            (3) Small passenger vessel; uninspected passenger vessel; 
        passenger for hire.--The terms ``small passenger vessel'', 
        ``uninspected passenger vessel'', and ``passenger for hire'' 
        have the meaning given such terms by section 2101 of title 46, 
        United States Code.

SEC. 505. SUNSET.

    (a) In General.--Subject to subsection (b), this title (other than 
this section) shall have no force or effect on or after September 30, 
2002.
    (b) Endorsements Continue.--Any certificate or endorsement issued 
under section 502 before the date referred to in subsection (a) of this 
section shall continue in effect until otherwise invalidated or revoked 
under chapter 121 of title 46, United States Code.

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

SEC. 602. FINDINGS.

    The Congress finds that--
            (1) the recent outbreak of the harmful microbe Pfiesteria 
        piscicida in the coastal waters of the United States is one 
        example of potentially harmful algal blooms composed of 
        naturally occurring species that reproduce explosively and that 
        are increasing in frequency and intensity in the Nation's 
        coastal waters;
            (2) other recent occurrences of harmful algal blooms 
        include red tides in the Gulf of Mexico and the Southeast; 
        brown tides in New York and Texas; ciguatera fish poisoning in 
        Hawaii, Florida, Puerto Rico, and the United States Virgin 
        Islands; and shellfish poisonings in the Gulf of Maine, the 
        Pacific Northwest, and the Gulf of Alaska;
            (3) in certain cases, harmful algal blooms have resulted in 
        fish kills, the deaths of numerous endangered West Indian 
        manatees, beach and shellfish bed closures, threats to public 
        health and safety, and concern among the public about the 
        safety of seafood;
            (4) according to some scientists, the factors causing or 
        contributing to harmful algal blooms may include excessive 
        nutrients in coastal waters, other forms of pollution, the 
        transfer of harmful species through ship ballast water, and 
        ocean currents;
            (5) harmful algal blooms may have been responsible for an 
        estimated $1,000,000,000 in economic losses during the past 
        decade;
            (6) harmful algal blooms and blooms of non-toxic algal 
        species may lead to other damaging marine conditions such as 
        hypoxia (reduced oxygen concentrations), which are harmful or 
        fatal to fish, shellfish, and benthic organisms;
            (7) according to the National Oceanic and Atmospheric 
        Administration in the Department of Commerce, 53 percent of 
        United States estuaries experience hypoxia for at least part of 
        the year and a 7,000 square mile area in the Gulf of Mexico off 
        Louisiana and Texas suffers from hypoxia;
            (8) according to some scientists, a factor believed to 
        cause hypoxia is excessive nutrient loading into coastal 
        waters;
            (9) there is a need to identify more workable and effective 
        actions to reduce nutrient loadings to coastal waters;
            (10) the National Oceanic and Atmospheric Administration, 
        through its ongoing research, education, grant, and coastal 
        resource management programs, possesses a full range of 
        capabilities necessary to support a near and long-term 
        comprehensive effort to prevent, reduce, and control harmful 
        algal blooms and hypoxia;
            (11) funding for the research and related programs of the 
        National Oceanic and Atmospheric Administration will aid in 
        improving the Nation's understanding and capabilities for 
        addressing the human and environmental costs associated with 
        harmful algal blooms and hypoxia; and
            (12) other Federal agencies such as the Environmental 
        Protection Agency, the Department of Agriculture, and the 
        National Science Foundation, along with the States, Indian 
        tribes, and local governments, conduct important work related 
        to the prevention, reduction, and control of harmful algal 
        blooms and hypoxia.

SEC. 603. ASSESSMENTS.

    (a) Establishment of Inter-Agency Task Force.--The President, 
through the Committee on Environment and Natural Resources of the 
National Science and Technology Council, shall establish an Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter 
referred to as the ``Task Force''). The Task Force shall consist of the 
following representatives from--
            (1) the Department of Commerce (who shall serve as Chairman 
        of the Task Force);
            (2) the Environmental Protection Agency;
            (3) the Department of Agriculture;
            (4) the Department of the Interior;
            (5) the Department of the Navy;
            (6) the Department of Health and Human Services;
            (7) the National Science Foundation;
            (8) the National Aeronautics and Space Administration;
            (9) the Food and Drug Administration;
            (10) the Office of Science and Technology Policy;
            (11) the Council on Environmental Quality; and
            (12) such other Federal agencies as the President considers 
        appropriate.
    (b) Assessment of Harmful Algal Blooms.--
            (1) Not later than 12 months after the date of enactment of 
        this title, the Task Force, in cooperation with the coastal 
        States, Indian tribes, and local governments, industry 
        (including agricultural organizations), academic institutions, 
        and non-governmental organizations with expertise in coastal 
        zone management, shall complete and submit to the Congress an 
        assessment which examines the ecological and economic 
        consequences of harmful algal blooms, alternatives for 
        reducing, mitigating, and controlling harmful algal blooms, and 
        the social and economic costs and benefits of such 
        alternatives.
            (2) The assessment shall--
                    (A) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to harmful algal 
                blooms; and
                    (B) provide for Federal cooperation and 
                coordination with and assistance to the coastal States, 
                Indian tribes, and local governments in the prevention, 
                reduction, management, mitigation, and control of 
                harmful algal blooms and their environmental and public 
                health impacts.
    (c) Assessment of Hypoxia.--
            (1) Not later than 12 months after the date of enactment of 
        this title, the Task Force, in cooperation with the States, 
        Indian tribes, local governments, industry, agricultural, 
        academic institutions, and non-governmental organizations with 
        expertise in watershed and coastal zone management, shall 
        complete and submit to the Congress an assessment which 
        examines the ecological and economic consequences of hypoxia in 
        United States coastal waters, alternatives for reducing, 
        mitigating, and controlling hypoxia, and the social and 
        economic costs and benefits of such alternatives.
            (2) The assessment shall--
                    (A) establish needs, priorities, and guidelines for 
                a peer-reviewed, inter-agency research program on the 
                causes, characteristics, and impacts of hypoxia;
                    (B) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to hypoxia; and
                    (C) provide for Federal cooperation and 
                coordination with and assistance to the States, Indian 
                tribes, and local governments in the prevention, 
                reduction, management, mitigation, and control of 
                hypoxia and its environmental impacts.
    (e) Disestablishment of Task Force.--The President may disestablish 
the Task Force after submission of the plan in section 604(d).

SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    (a) Assessment Report.--Not later than May 30, 1999, the Task Force 
shall complete and submit to Congress and the President an integrated 
assessment of hypoxia in the northern Gulf of Mexico that examines: the 
distribution, dynamics, and causes; ecological and economic 
consequences; sources and loads of nutrients transported by the 
Mississippi River to the Gulf of Mexico; effects of reducing nutrient 
loads; methods for reducing nutrient loads; and the social and economic 
costs and benefits of such methods.
    (b) Submission of a Plan.--No later than March 30, 2000, the 
President, in conjunction with the chief executive officers of the 
States, shall develop and submit to Congress a plan, based on the 
integrated assessment submitted under subsection (a), for reducing, 
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In 
developing such plan, the President shall consult with State, Indian 
tribe, and local governments, academic, agricultural, industry, and 
environmental groups and representatives. Such plan shall include 
incentive-based partnership approaches. The plan shall also include the 
social and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before the 
President submits such plan to the Congress, a summary of the proposed 
plan shall be published in the Federal Register for a public comment 
period of not less than 60 days.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities related to 
the prevention, reduction, and control of harmful algal blooms and 
hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal year 
2000, and $19,000,000 for fiscal year 2001, to remain available until 
expended. The Secretary shall consult with the States on a regular 
basis regarding the development and implementation of the activities 
authorized under this section. Of such amounts for each fiscal year--
            (1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal 
        year 2000, and $2,000,000 for fiscal year 2001 may be used to 
        enable the National Oceanic and Atmospheric Administration to 
        carry out research and assessment activities, including 
        procurement of necessary research equipment, at research 
        laboratories of the National Ocean Service and the National 
        Marine Fisheries Service;
            (2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal 
        year 2000, and $5,500,000 for fiscal year 2001 may be used to 
        carry out the Ecology and Oceanography of Harmful Algal Blooms 
        (ECOHAB) project under the Coastal Ocean Program established 
        under section 201(c) of Public Law 102-567;
            (3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal 
        year 2000, and $2,000,000 for fiscal year 2001 may be used by 
        the National Ocean Service of the National Oceanic and 
        Atmospheric Administration to carry out a peer-reviewed 
        research project on management measures that can be taken to 
        prevent, reduce, control, and mitigate harmful algal blooms;
            (4) $5,500,000 for each of the fiscal years 1999, 2000, and 
        2001 may be used to carry out Federal and State annual 
        monitoring and analysis activities for harmful algal blooms 
        administered by the National Ocean Service of the National 
        Oceanic and Atmospheric Administration; and
            (5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal 
        year 2000, and $4,000,000 for fiscal year 2001 may be used for 
        activities related to research and monitoring on hypoxia by the 
        National Ocean Service and the Office of Oceanic and 
        Atmospheric Research of the National Oceanic and Atmospheric 
        Administration.

SEC. 606. PROTECTION OF STATES' RIGHTS.

    (a) Nothing in this title shall be interpreted to adversely affect 
existing State regulatory or enforcement power which has been granted 
to any State through the Clean Water Act or Coastal Zone Management Act 
of 1972.
    (b) Nothing in this title shall be interpreted to expand the 
regulatory or enforcement power of the Federal Government which has 
been delegated to any State through the Clean Water Act or Coastal Zone 
Management Act of 1972.
                                 <all>
```