•HRES 602 EH
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 pe-
riod and ‘‘This subsection does not require the release of
information described by section 552(b) of title 5 or pro-
tected from disclosure by another law of the United
States.’’.
SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POL-
ICY.
(a) REPORT ON IMPLEMENTATION AND ENFORCE-
MENT 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 implementa-
tion 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 re-
ports produced pursuant to the Code play in
such enforcement actions;
(C) evaluating the effects the Code has had
on marine safety and environmental protection,
•HRES 602 EH
and identifying actions to further promote ma-
rine 
safety 
and 
environmental 
protection
through the Code;
(D) identifying actions to achieve full com-
pliance with and effective implementation of the
Code; and
(E) evaluating the effectiveness of internal
reporting and auditing under the Code, and rec-
ommending 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
•HRES 602 EH
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 can-
did 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 imple-
ment 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 amend-
ed to read as follows:
•HRES 602 EH
‘‘(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 Envi-
ronmental Protection Agency of the substances to be clas-
sified 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 evalua-
tion.
SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.
(a) IN GENERAL.—The Secretary of Transportation,
through the Coast Guard and the Maritime Administra-
tion, 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
•HRES 602 EH
the adequacy of the nation’s marine transportation system
(including ports, waterways, harbor approach channels,
and their intermodal connections) to operate in a safe, ef-
ficient, secure, and environmentally sound manner.
(b) TASK FORCE.—
(1) The task force shall be chaired by the Sec-
retary of Transportation or his designee and may be
comprised of the representatives of interested Fed-
eral agencies and departments and such other non-
federal 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 devel-
opment, 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 accom-
modate projected increases in foreign and do-
mestic traffic over the next 20 years;
•HRES 602 EH
(B) consult with senior public and private
sector officials, including the users of that sys-
tem, such as ports, commercial carriers, ship-
pers, labor, recreational boaters, fishermen, and
environmental organizations;
(C) sponsor public and private sector ac-
tivities to further refine and implement (under
existing authority) the strategies, recommenda-
tions, and plan for action;
(D) evaluate the capability to dispose of
dredged materials that will be produced to ac-
commodate 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.
•HRES 602 EH
SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR REC-
REATIONAL VESSELS.
The Secretary of Transportation, through the Coast
Guard and in consultation with the National Transpor-
tation Safety Board and recreational boating organiza-
tions, 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 ves-
sels 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 rec-
reational vessels and the actual and potential con-
tribution of such devices to recreational boating safe-
ty; and
(2) provide recommendations on policies and
programs to encourage the availability and use of
EPIRBS and similar devices by the operators of rec-
reational 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
•HRES 602 EH
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 juris-
diction 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 Decem-
ber 31, 1998, the Secretary shall promulgate
regulations for towing vessel and barge safety
for the waters of the Northeast.
(B) INCORPORATION
OF
RECOMMENDA-
TIONS.—
•HRES 602 EH
(i) IN GENERAL.—Except as provided
in clause (ii), the regulations promulgated
under this paragraph shall give full consid-
eration 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 de-
tailed explanation if any recommendation
is not adopted.
(ii) 
EXCLUDED
RECOMMENDA-
TIONS.—The 
regulations 
promulgated
under this paragraph shall not incorporate
any recommendation referred to in clause
(i) that relates to anchoring or barge re-
trieval systems.
(2) ANCHORING AND BARGE RETRIEVAL SYS-
TEMS.—
(A) IN GENERAL.—Not later than Novem-
ber 30, 1998, the Secretary shall promulgate
regulations under section 3719 of title 46,
United States Code, for the waters of the
•HRES 602 EH
Northeast, that shall give full consideration to
each of the recommendations made in the re-
port referred to in paragraph (1)(B)(i) relating
to anchoring and barge retrieval systems, and
the Secretary shall provide a detailed expla-
nation 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 con-
tain requirements that are as stringent as the
requirements of the regulations promulgated
under subparagraph (A).
SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RES-
CUE CAPABILITY.
The Secretary of Transportation is authorized to take
appropriate actions to ensure the establishment and oper-
ation by the Coast Guard of a helicopter air rescue capa-
bility that—
(1) 
is 
located 
at 
Gabreski 
Airport,
Westhampton, New York; and
(2) provides air rescue capability from that lo-
cation from April 15 to October 15 each year.
•HRES 602 EH
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 add-
ing 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 with-
in about 25 nm along a 90 nm stretch of the Atlantic
seaboard (in an area generally extending from the shore-
line east to longitude 80 deg. 51.6’ W with the southern
•HRES 602 EH
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:
‘‘§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 docu-
mented vessel shall be surrendered in accordance with reg-
ulations 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 analy-
sis 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—
•HRES 602 EH
(1) by striking section 31322(b) and inserting
the following:
‘‘(b) Any indebtedness secured by a preferred mort-
gage that is filed or recorded under this chapter, or that
is subject to a mortgage, security agreement, or instru-
ments 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 insert-
ing the following:
‘‘(3) A preferred mortgage under this sub-
section continues to be a preferred mortgage even if
the vessel is no longer titled in the State where the
mortgage, security agreement, or instrument grant-
ing 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 docu-
mented under chapter 121 of this title,’’;
•HRES 602 EH
(6) by inserting ‘‘a vessel titled in a State,’’ in
section 31325(b)(3) after ‘‘a vessel for which an ap-
plication 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 TRAIN-
ING FACILITY, JACKSONVILLE, FLORIDA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) the land and improvements thereto compris-
ing the Coast Guard Reserve training facility in
Jacksonville, Florida, is deemed to be surplus prop-
erty; 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 mar-
ket value.
(b) RIGHT OF FIRST REFUSAL.—Before a sale is
made under subsection (a) to any other person, the Com-
mandant of the Coast Guard shall give to the city of Jack-
sonville, Florida, the right of first refusal to purchase all
or any part of the property required to be sold under that
subsection.
•HRES 602 EH
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 endorse-
ment for each of the following vessels:
(1) SEAGULL (United States official number
1038605).
(2) BAREFOOT CONTESA (United States of-
ficial number 285410).
(3) PRECIOUS METAL (United States official
number 596316).
(4) BLUE HAWAII (State of Florida registra-
tion number FL0466KC).
(5) SOUTHERN STAR (United States official
number 650774).
(6) KEEWAYDIN (United States official num-
ber 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).
•HRES 602 EH
(9) MIGHTY JOHN III (formerly the NIAG-
ARA 
QUEEN, 
Canadian 
registration 
number
318746).
(10) MAR Y PAZ (United States official num-
ber 668179).
(11) SAMAKEE (State of New York registra-
tion number NY 4108 FK).
(12) NAWNSENSE (United States official
number 977593).
(13) ELMO (State of Florida registration num-
ber 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 of-
ficial number 588647).
(17) WINDWISP (United States official num-
ber 571621).
(18) SOUTHLAND (United States official
number 639705).
(19) FJORDING (United States official num-
ber 594363).
(20) M/V SAND ISLAND (United States offi-
cial number 542918).
•HRES 602 EH
(21) PACIFIC MONARCH (United States offi-
cial number 557467).
(22) FLAME (United States official number
279363).
(23) DULARGE (United States official number
653762).
(24) DUSKEN IV (United States official num-
ber 952645).
(25) SUMMER BREEZE (United States offi-
cial number 552808).
(26) ARCELLA (United States official number
1025983).
(27) BILLIE-B-II (United States official num-
ber 982069).
(28) VESTERHAVET (United States official
number 979206).
(29) BETTY JANE (State of Virginia registra-
tion number VA 7271 P).
(30) VORTICE, Bari, Italy, registration num-
ber 256.
(31) The barge G. L. 8 (Canadian official num-
ber 814376).
(32) YESTERDAYS DREAM (United States
official number 680266).
•HRES 602 EH
(33) ENFORCER (United States official num-
ber 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).
•HRES 602 EH
(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 offi-
cial number 1020989).
(56) ORCA (United States official number
665270).
•HRES 602 EH
(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 employ-
ment 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 REP-
LICAS.—
•HRES 602 EH
(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 cer-
tificate of documentation with appropriate endorse-
ment 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 re-
ferred 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 sec-
tion 5501(a)(2)(B) of Public Law 102–587, and
subject to paragraph (2), the Secretary of Transpor-
•HRES 602 EH
tation 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 stat-
ed intent of the Corps of Engineers, in its Construc-
tion 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 documenta-
•HRES 602 EH
tion with appropriate endorsement for employment
in the coastwise trade for the vessel FOILCAT
(United States official number 1063892). The en-
dorsement shall provide that the vessel shall operate
under the certificate of documentation only within
the State of Hawaii and that the vessel shall not op-
erate 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 spon-
sored by the State of Hawaii; and
(B) ending on the last day of the 36th
month beginning after the date on which it be-
came effective under subparagraph (A).
SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUN-
TY, MASSACHUSETTS.
(a) IN GENERAL.—The Commandant of the Coast
Guard, may convey, by an appropriate means of convey-
ance, all right, title, and interest of the United States in
and to the United States Coast Guard Recreation Facility
•HRES 602 EH
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 Com-
mandant may identify, describe, and determine the prop-
erty 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 res-
ervation 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
•HRES 602 EH
(3) at least 30 days before such reversion, the
Commandant provides written notice to the Town
that the property conveyed is needed for national se-
curity 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 ob-
struct navigation.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RE-
SPONSE 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
•HRES 602 EH
‘‘(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 
JACKSON-
VILLE, FLORIDA.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation 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 Sec-
retary 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 imme-
diately revert to the United States if the property,
•HRES 602 EH
or any part thereof, ceases to be used by Jackson-
ville 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 follow-
ing new subsection:
‘‘(e)(1) A vessel may not transport Government-im-
pelled cargoes if—
‘‘(A) the vessel has been detained and deter-
mined to be substandard by the Secretary for viola-
tion 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 deter-
mined to be substandard by the Secretary for viola-
tion 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.
•HRES 602 EH
‘‘(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 ‘Govern-
ment-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 guar-
antee, 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 recog-
nize 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
•HRES 602 EH
the House of Representatives 90 days prior to approving
such recognition.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOS-
TON MARSHFIELD RECEIVER SITE, MASSA-
CHUSETTS.
(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 Commu-
nication Station Boston Marshfield Receiver Site,
Massachusetts, to the Town of Marshfield, Massa-
chusetts (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 situ-
ated the communications tower and the microwave
building facility of that station.
(3) IDENTIFICATION OF PROPERTY.—
(A) The Commandant may identify, de-
scribe and determine the property to be con-
veyed to the Town under this section.
(B) The Commandant shall determine the
exact acreage and legal description of the prop-
•HRES 602 EH
erty to be conveyed under this section by a sur-
vey 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 condi-
tions:
(A) The Commandant may reserve utility,
access, and any other appropriate easements on
the property conveyed for the purpose of oper-
ating, maintaining, and protecting the commu-
nications tower and the microwave building fa-
cility.
(B) The Town and its successors and as-
signs shall, at their own cost and expense,
maintain the property conveyed under this sec-
tion in a proper, substantial, and workmanlike
manner as necessary to ensure the operation,
maintenance, and protection of the communica-
tions 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
•HRES 602 EH
reservation of easements or other rights on be-
half 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 se-
curity purposes.
SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS EN-
GAGING IN OIL SPILL PREVENTION AND RE-
SPONSE 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 mini-
mize or mitigate damage’’ and inserting ‘‘to prevent,
minimize, or mitigate damage’’;
•HRES 602 EH
(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 fol-
lowing:
‘‘(25) ‘removal costs’ means—
‘‘(A) the costs of removal of oil or a haz-
ardous substance that are incurred after it is
discharged; and
‘‘(B) in any case in which there is a sub-
stantial threat of a discharge of oil or a hazard-
ous substance, the costs to prevent, minimize,
or mitigate that threat.’’; and
(3) in subsection (c)(4)(A), by striking the pe-
riod 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
•HRES 602 EH
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 fish-
eries 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 chap-
ter 145 of title 46, United States Code, from the re-
quirement to be inspected under section 3301(7) of
title 46, United States Code, as a seagoing motor
vessel, if—
•HRES 602 EH
(A) the vessel does not carry any cargo or
passengers for hire;
(B) the vessel does not engage in commer-
cial service, commercial fisheries, or oceano-
graphic research; and
(C) the vessel does not engage in towing.
(2) EXPIRATION OF AUTHORITY.—The author-
ity to grant the exemptions under this subsection ex-
pires 2 years after the date of enactment of this Act.
Any specific exemptions granted under this sub-
section 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 im-
provements thereon, in Ocracoke, North Carolina, consist-
ing 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:
•HRES 602 EH
(1) That the State accept the property to be
conveyed under that subsection subject to such ease-
ments 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 ease-
ments 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 im-
mediate entry thereon.
•HRES 602 EH
(2) Upon reversion under paragraph (1), the property
shall be under the administrative jurisdiction of the Ad-
ministrator of General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (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 condi-
tions with respect to the conveyance under subsection (a),
and any easements or rights of way granted under sub-
section (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 ‘‘Sec-
retary’’) shall promptly convey, without consideration, to
American Legion Post No. 3 in Sault Sainte Marie, Michi-
gan, 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
•HRES 602 EH
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 im-
mediate entry thereon.
(2) Upon reversion under paragraph (1), the property
shall be under the administrative jurisdiction of the Ad-
ministrator of General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (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 condi-
tions with respect to the conveyance under subsection (a)
•HRES 602 EH
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RES-
IDUE DISPOSAL.
(a) IN GENERAL.—
(1) Subject to subsection (b), the Secretary of
Transportation shall continue to implement and en-
force the United States Coast Guard 1997 Enforce-
ment 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 in-
cidental 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 com-
ply with all terms and conditions of the Policy.
(b) EXPIRATION OF INTERIM AUTHORITY.—The Pol-
icy shall cease to have effect on the date which is the earli-
est of—
(1) the effective date of regulations promul-
gated pursuant to legislation enacted subsequent to
the enactment of this Act providing for the regula-
tion of incidental discharges from vessels of dry bulk
cargo residue into the waters of the Great Lakes
•HRES 602 EH
under the jurisdiction of the United States is en-
acted; 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 His-
torical 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 So-
ciety.
•HRES 602 EH
(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 George-
town County, South Carolina, to the South
Carolina Department of Natural Resources.
(K) Coast Guard Light Station Two Har-
bors, located in Lake County, Minnesota, to the
Lake County Historical Society.
(2) IDENTIFICATION OF PROPERTY.—The Com-
mandant or Administrator, as appropriate, may
identify, describe, and determine the property to be
conveyed under this subsection.
(3) EXCEPTION.—The Commandant or Admin-
istrator, as appropriate, may not convey any histori-
cal artifact, including any lens or lantern, located on
the property at or before the time of the conveyance.
(b) TERMS OF CONVEYANCE.—
•HRES 602 EH
(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 re-
quired by this section and other terms and con-
ditions the Commandant or the Administrator,
as appropriate, may consider, including the res-
ervation of easements and other rights on be-
half 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 prop-
erty—
(i) ceases to be used as a nonprofit
center for public benefit for the interpreta-
tion and preservation of maritime history;
(ii) ceases to be maintained in a man-
ner that is consistent with its present or
future use as a site for Coast Guard aids
to navigation or compliance with this Act;
or
•HRES 602 EH
(iii) ceases to be maintained in a man-
ner consistent with the conditions in para-
graph (5) established by the Commandant
or the Administrator, as appropriate, pur-
suant to the National Historic Preserva-
tion 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 ap-
propriate, provides written notice to the owner
that the property is needed for national security
purposes.
(3) MAINTENANCE
OF
NAVIGATION
FUNC-
TIONS.—The conveyance of property under this sec-
tion shall be made subject to the conditions that the
Commandant or Administrator, as appropriate, con-
siders 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 con-
tinue 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
•HRES 602 EH
with aids to navigation without express written
permission from the Commandant or Adminis-
trator, 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 no-
tice 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 ease-
ment of access to and across the property for
the purpose of maintaining the aids to naviga-
tion 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
•HRES 602 EH
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 applica-
ble 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, an-
tenna, 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 cor-
poration 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’’
•HRES 602 EH
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 corpora-
tion established under the laws of the State of Min-
nesota), 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 Na-
tional 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 po-
litical subdivision of that State, and any lighthouse, his-
toric, or maritime preservation organizations in that State,
that such property is excess to the needs of the Coast
Guard.
•HRES 602 EH
(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 ap-
propriate means of conveyance, all right, title, and
interest of the United States in and to approxi-
mately 29.4 acres of land, together with the im-
provements thereon, at Coast Guard LORAN Sta-
tion 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.
•HRES 602 EH
(B) The Commandant shall determine the
exact acreage and legal description of the prop-
erty to be conveyed under this section by a sur-
vey 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 prop-
erty under this section shall be made—
(A) without payment of consideration; and
(B) subject to the following terms and con-
ditions:
(i) The Town shall not, upon the
property conveyed, allow, conduct, or per-
mit any activity, or operate, allow, or per-
mit the operation of, any equipment or ma-
chinery, that would interfere or cause in-
terference, 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 Com-
mandant.
(ii) The Town shall maintain the real
property conveyed in a manner consistent
with the present and future use of any
•HRES 602 EH
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 convey-
ance 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 prop-
erty 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.