II
Calendar No. 221
105TH CONGRESS
1ST SESSION
H. R. 2204
IN THE SENATE OF THE UNITED STATES
OCTOBER 22, 1997
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal years 1998 and 1999
for the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 2204 PCS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act of 1997’’.
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.
TITLE II—COAST GUARD MANAGEMENT
Sec. 201. Removal of cap on warrant officer severance pay.
Sec. 202. Authority to implement awards programs.
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.
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 Coast Guard facility in Nahant, 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. Vessel deemed to be a recreational vessel.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, Michi-
gan.
Sec. 415. Dry bulk cargo residue.
Sec. 416. Maintenance of foghorns.
Sec. 417. Conveyance of Eagle Harbor Light Station.
HR 2204 PCS
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the
Coast Guard—
(A) for fiscal year 1998, $2,790,700,000;
and
(B) for fiscal year 1999, $2,854,700,000;
of which $25,000,000 shall be derived each fis-
cal 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.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto—
(A) for fiscal year 1998, $401,000,000, of
which $2,000,000 shall be made available for
concept evaluation for a replacement vessel for
the Coast Guard icebreaker MACKINAW,
which concept evaluation shall be transmitted to
the Congress not later than April 1, 1998; and
(B) for fiscal year 1999, $440,000,000;
HR 2204 PCS
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.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness—
(A) for fiscal year 1998, $19,500,000; and
(B) for fiscal year 1999, $19,000,000;
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 pur-
poses 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 appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Bene-
fit Plans, and payments for medical care of retired
HR 2204 PCS
personnel and their dependents under chapter 55 of
title 10, United States Code—
(A) for fiscal year 1998, $652,000,000;
and
(B) for fiscal year 1999, $692,000,000.
(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 Al-
teration Program—
(A) for fiscal year 1998, $17,300,000; and
(B) for fiscal year 1999, $20,000,000,
to remain available until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $21,000,000 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 person-
nel of—
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
HR 2204 PCS
(b) MILITARY TRAINING STUDENT LOADS.—The
Coast Guard is authorized average military training stu-
dent 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 ci-
vilian 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.
HR 2204 PCS
TITLE II—COAST GUARD
MANAGEMENT
SEC. 201. REMOVAL OF CAP ON WARRANT OFFICER SEVER-
ANCE PAY.
Section 286a(d) of title 14, United States Code, is
amended by striking the last sentence.
SEC. 202. AUTHORITY TO IMPLEMENT AWARDS PROGRAMS.
Section 93 of title 14, United States Code, is amend-
ed—
(1) in paragraph (s), by striking the comma at
the end and inserting a semicolon;
(2) in paragraph (t), by redesignating subpara-
graphs (1) and (2) as subparagraphs (A) and (B),
respectively;
(3) by redesignating paragraphs (a) through (v)
in order as paragraphs (1) through (21);
(4) by redesignating the existing text (as so
amended) as subsection (a); and
(5) by adding at the end the following new sub-
section:
‘‘(b) The Commandant may provide for the honorary
recognition of individuals and organizations, including
State and local governments and commercial and non-
profit organizations, that significantly contribute to Coast
Guard programs, missions, or operations, by awarding
HR 2204 PCS
in Presidential Proclamation 5928 of December 27,
1988)’’ after ‘‘of the United States’’.
(3) In section 4102(e), by striking ‘‘on the high
seas’’ and inserting ‘‘beyond 3 nautical miles from
the baseline from which the territorial sea of the
United States is measured’’.
(4) In section 4301(a), 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) In section 4502(a)(7), by striking ‘‘on ves-
sels that operate on the high seas’’ and inserting
‘‘beyond 3 nautical miles from the baseline from
which the territorial sea of the United States is
measured’’.
(6) In section 4506(b), 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
baseline from which the territorial sea of the
United States is measured.’’.
(7) In section 8502(a)(3), by striking ‘‘not on
the high seas’’ and inserting: ‘‘not beyond 3 nautical
HR 2204 PCS
miles from the baseline from which the territorial
sea of the United States is measured’’.
(8) In section 8503(a), 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
baseline 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:
‘‘§ 2302. Penalties for negligent operations and inter-
fering with safe operation’’;
and
(2) in subsection (a) by striking ‘‘that endan-
gers’’ and inserting ‘‘or interfering with the safe op-
eration 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
HR 2204 PCS
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:
‘‘§ 9307. Great Lakes Pilotage Advisory Committee
‘‘(a) The Secretary shall establish a Great Lakes Pi-
lotage Advisory Committee. The Committee—
‘‘(1) may review proposed Great Lakes Pilotage
regulations and policies and make recommendations
to the Secretary that the Committee considers ap-
propriate;
‘‘(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 rec-
ommendations that the Committee makes to the Sec-
retary; 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 sub-
HR 2204 PCS
section, each of whom has at least 5 years practical experi-
ence 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 in-
clude—
‘‘(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 pilot-
age 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
HR 2204 PCS
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 sec-
retary 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 formu-
lating policy regarding matters affecting Great Lakes pi-
lotage.
‘‘(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 Sec-
retary, not exceeding the daily equivalent of the cur-
rent rate of basic pay in effect for GS–18 of the
HR 2204 PCS
General Schedule under section 5332 of title 5 in-
cluding travel time; and
‘‘(B) travel or transportation expenses under
section 5703 of title 5.
‘‘(2) A member of the Committee shall not be consid-
ered 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 sub-
mit to the Congress its recommendation regarding wheth-
er the Committee should be renewed and continued beyond
the termination date.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.
Title 46, United States Code, is amended—
(1) in section 12102(a), by striking ‘‘or is not
titled in a State’’;
(2) in section 12301, by adding at the end the
following:
‘‘(c) A documented vessel shall not be titled by a
State or required to display numbers under this chapter,
HR 2204 PCS
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.
‘‘(d) The Secretary may approve the surrender under
subsection (c) of a certificate of title covered by a pre-
ferred mortgage under section 31322(d) of this title only
if the mortgagee consents.’’;
(3) in section 31322—
(A) by amending subsection (b) to read as
follows:
‘‘(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-
ment 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.’’;
(B) in subsection (d)(1), by striking
‘‘mortgage or instrument’’ each place it appears
and inserting ‘‘mortgage, security agreement, or
instrument’’;
(C) in subsection (d)(2), by striking ‘‘mort-
gages or instruments’’ and inserting ‘‘mort-
gages, security agreements, or instruments’’;
and
HR 2204 PCS
(D) in subsection (d), by amending para-
graph (3) to read as follows:
‘‘(3) A preferred mortgage under this subsection con-
tinues 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 be-
came a preferred mortgage under this subsection.’’; and
(4) in section 31325—
(A) in subsection (b)(1), by inserting ‘‘a
vessel titled in a State,’’ after ‘‘a vessel to be
documented under chapter 121 of this title,’’;
(B) in subsection (b)(3), by inserting ‘‘a
vessel titled in a State,’’ after ‘‘a vessel for
which an application for documentation is filed
under chapter 121 of this title,’’; and
(C) in subsection (c), by inserting ‘‘a vessel
titled in a State,’’ after ‘‘a vessel to be docu-
mented 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
HR 2204 PCS
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.
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).
HR 2204 PCS
(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).
(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).
HR 2204 PCS
(15) OLD JOE (formerly TEMPTRESS; Unit-
ed 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).
(21) PACIFIC MONARCH (United States offi-
cial number 557467).
(22) FLAME (United States official number
279363).
(23) DULARGE (United States official number
653762).
(b) OWNERSHIP OF VESSEL PHILADELPHIA.—
Notwithstanding section 2 of the Shipping Act, 1916 (46
App. U.S.C. 802, 803) and section 12102(a)(4) of title
46, United States Code, the parent corporation of the cor-
poration holding title to the vessel PHILADELPHIA
(United States official number 654192) on May 3, 1995,
is deemed on that date and thereafter to be a citizen of
HR 2204 PCS
(1) DOCUMENTATION
AUTHORIZED.—Notwith-
standing 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 section
12106 of title 46, United States Code, the Secretary
of Transportation may issue a certificate of docu-
mentation with appropriate endorsement for employ-
ment in the coastwise trade for the vessel PRINCE
NOVA (Canadian registration number 320804).
(2) EXPIRATION OF CERTIFICATE.—A certifi-
cate of documentation issued for the vessel under
paragraph (1) shall expire unless—
(A) the vessel undergoes conversion, recon-
struction, repair, rebuilding, or retrofitting in a
shipyard located in the United States;
(B) the cost of that conversion, reconstruc-
tion, repair, rebuilding, or retrofitting is not
less than the greater of—
(i) three times the purchase value of
the vessel before the conversion, recon-
struction, repair, rebuilding, or retrofitting;
or
(ii) $4,200,000; and
(C) not less than an average of $1,000,000
is spent annually in a shipyard located in the
HR 2204 PCS
United States for conversion, reconstruction, re-
pair, rebuilding, or retrofitting of the vessel
until the total amount of the cost required
under subparagraph (B) is spent.
(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-
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 to be deposited—
(A) above mean high tide for the purpose
of beach nourishment; or
HR 2204 PCS
(B) into a fill area for the purpose of cre-
ation of land for an immediate use other than
disposal of the dredged material.
SEC. 404. CONVEYANCE OF COAST GUARD FACILITY IN
NAHANT, MASSACHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
veyance, all right, title, and interest of the United
States in and to the property comprising United
States Coast Guard Recreation Facility Nahant,
Massachusetts, to the town of Nahant, Massachu-
setts.
(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
property under this section shall be made—
(1) without payment of consideration; and
(2) subject to the terms and conditions the Sec-
retary considers appropriate.
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-
HR 2204 PCS
struct navigation for purposes of the Act entitled ‘‘An Act
to provide for the alteration of certain bridges over navi-
gable waters of the United States, for the apportionment
of the cost of such alterations between the United States
and the owners of such bridges, and for other purposes’’,
approved June 21, 1940 (chapter 409; 33 U.S.C. 511–
523), popularly known as the ‘‘Hobbs Bridge Act’’ and
the ‘‘Truman-Hobbs Bridge Act’’.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RE-
SPONSE VESSELS.
Section 1004(a)(2) of the Oil Pollution Act of 1990
(33 U.S.C. 2704(a)(2)) is amended by inserting ‘‘includ-
ing a vessel responding to a discharge or substantial
threat of a discharge of oil,’’ after ‘‘vessel,’’.
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.
HR 2204 PCS
(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,
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 by the Sec-
retary for violation of an international safety conven-
tion to which the United States is a party, and the
Secretary has published notice of that detention in
an electronic form, including the name of the owner
of the vessel; or
HR 2204 PCS
‘‘(B) the operator of the vessel has on more
than one occasion had a vessel detained by the Sec-
retary for violation of an international safety conven-
tion to which the United States is a party, and the
Secretary has published notice of that detention 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 on
which the detention is based.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) takes effect January 1, 1998.
SEC. 409. COAST GUARD CITY, USA.
The community of Grand Haven, Michigan, shall be
recognized as ‘‘Coast Guard City, USA’’.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOS-
TON MARSHFIELD RECEIVER SITE, MASSA-
CHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
HR 2204 PCS
veyance, all right, title, and interest of the United
States in and to the Coast Guard Communication
Station Boston Marshfield Receiver Site, Massachu-
setts, to the Town of Marshfield, Massachusetts.
(2) LIMITATION.—The Secretary shall not con-
vey under this section the land on which is situated
the communications tower and the microwave build-
ing facility of that station.
(3) IDENTIFICATION OF PROPERTY.—(A) The
Secretary may identify, describe, and determine the
property to be conveyed to the Town under this sec-
tion.
(B) The Secretary shall determine the exact
acreage and legal description of the property to be
conveyed under this section by a survey satisfactory
to the Secretary. 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 Secretary may reserve utility, ac-
cess, and any other appropriate easements on
the property conveyed for the purpose of oper-
HR 2204 PCS
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
Secretary considers appropriate to protect the
interests of the United States.
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’’;
(2) by striking ‘‘and’’ after the semicolon at the
end of subsection (a)(23), by striking the period at
HR 2204 PCS
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
mechanical removal authorized by the President
under subsection (c) of this section’’.
HR 2204 PCS
(c) SENSE OF THE CONGRESS REGARDING OIL SPILL
RESPONSE ACTIONS.—It is the sense of the Congress
that, under the Oil Pollution Act of 1990, the President
should ensure that liability concerns regarding response
actions to remove a discharge, or to mitigate or prevent
the threat of a discharge, do not deter an expeditious or
effective response, by promulgating guidelines in accord-
ance with applicable Federal law, as soon as possible,
clarifying that a person who takes any response action
consistent with the National Contingency Plan, including
the applicable fish and wildlife response plan, or as other-
wise directed by the President, to prevent or mitigate the
environmental effects of a discharge or a threat of a dis-
charge should not be held liable for the violation of fish
and wildlife laws, unless the person is grossly negligent
or engages in willful misconduct.
SEC. 412. VESSEL DEEMED TO BE A RECREATIONAL
VESSEL.
(a) IN GENERAL.—The vessel described in subsection
(b) is deemed for all purposes, including title 46, United
States Code, and all regulations thereunder, to be a rec-
reational vessel of less than 300 gross tons, if—
(1) it does not carry cargo or passengers for
hire; and
HR 2204 PCS
(2) it does not engage in commercial fisheries
or oceanographic research.
(b) VESSEL DESCRIBED.—The vessel referred to in
subsection (a) is the vessel TURMOIL (British Official
number 726767).
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:
(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;
HR 2204 PCS
(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.
(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
HR 2204 PCS
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
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.
HR 2204 PCS
(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)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 415. DRY BULK CARGO RESIDUE.
(a) DRY BULK CARGO RESIDUE.—Section 3 of the
Act to Prevent Pollution from Ships (33 U.S.C. 1902) is
amended by adding the following subsection at the end
thereof:
HR 2204 PCS
‘‘(h) DISCHARGE OF RESIDUE OF DRY BULK CARGO
IN CERTAIN NAVIGABLE WATERS AND WATERS OF THE
GREAT LAKES.—(1) Notwithstanding any provision of
this Act, the Secretary may allow, under conditions and
standards prescribed by regulation—
‘‘(A) vessels to discharge residue of dry bulk
cargo into the waters of the Great Lakes under the
jurisdiction of the United States; and
‘‘(B) vessels of the United States to discharge
residue of dry bulk cargo into the waters of the
Great Lakes System governed by the Great Lakes
Water Quality Agreement of 1978 and the 1987
Protocol thereto, under the jurisdiction of the Gov-
ernment of Canada or other waters governed by the
Boundary Waters Treaty of 1909 under the jurisdic-
tion of the Government of Canada.
‘‘(2) Any regulation issued under this subsection shall
be consistent with the Great Lakes Water Quality Agree-
ment of 1978 and the 1987 Protocol thereto, and the
Boundary Waters Treaty of 1909, and shall be developed
in consultation with the Government of Canada, under the
general guidance of the Secretary of State, and with the
concurrence of the Administrator of the Environmental
Protection Agency, and in consultation with appropriate
HR 2204 PCS
Federal agencies, including the Assistant Secretary of the
Army for Civil Works.
‘‘(3) Any regulations issued under this subsection
shall be reviewed by the Secretary no less often than every
5 years to determine whether such regulations are consist-
ent with the water quality goals for the Great Lakes.’’.
(b) DEFINITION.—Section 2 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901) is amended by re-
designating paragraphs (9), (10), (11), and (12) as (10),
(11), (12), and (13), respectively and by inserting the fol-
lowing new paragraph after paragraph (8):
‘‘(9) ‘residue to dry bulk cargo’ includes any
residue or residues of dry bulk cargo generated in
the customary operation of commercial vessels, in-
cluding iron ore, coal, coke, salt, grain, stones, grav-
el, sand, clay, and slag, but does not include, even
if associated with the aforementioned materials,
any—
‘‘(A) plastic, as defined in the convention,
‘‘(B) oil or hazardous substance, as defined
under section 311 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321), or
‘‘(C) hazardous substance, as defined in
section 101(14) of the Comprehensive Environ-
HR 2204 PCS
mental Response Compensation and Liability
Act (CERCLA) (42 U.S.C. 9601(14)).’’.
SEC. 416. MAINTENANCE OF FOGHORNS.
The Secretary of Transportation shall take such ac-
tions as may be necessary to ensure that foghorns at the
following ports are in working order:
(1) St. Joseph, Michigan.
(2) South Haven, Michigan.
(3) Grand Haven, Michigan.
(4) Muskegon, Michigan.
(5) Pentwater, Michigan.
(6) Ludington, Michigan.
(7) Frankfort, Michigan.
(8) Michigan City, Indiana.
(9) Saugatuck, Michigan.
(10) Marquette, Michigan.
SEC. 417. CONVEYANCE OF EAGLE HARBOR LIGHT STA-
TION.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Administrator of Gen-
eral Services shall convey, by an appropriate means
of conveyance, all right, title, and interest of the
United States in and to the Eagle Harbor Light
Station, Michigan, to the Keweenaw County Histori-
cal Society.
HR 2204 PCS
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary of Transportation may identify, describe, and
determine the property to be conveyed pursuant to
this subsection.
(b) TERMS OF CONVEYANCE.—
(1) IN GENERAL.—The conveyance of property
pursuant to this section shall be made—
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3), (4), and (5) and other terms
and conditions the Secretary of Transportation
may consider appropriate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), the conveyance of property pursuant to
this section shall be subject to the condition that all
right, title, and interest in the property conveyed
shall immediately revert to the United States if the
property, or any part of the property—
(A) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(B) ceases to be maintained in a manner
consistent with the provisions of the National
HR 2204 PCS
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.).
(3) MAINTENANCE
OF
NAVIGATION
FUNC-
TIONS.—The conveyance of property pursuant to
this section shall be made subject to the conditions
that the Secretary of Transportation 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 con-
tinue to be operated and maintained by the
United States;
(B) the person to which the property is
conveyed may not interfere or allow interference
in any manner with aids to navigation without
express written permission from the Secretary
of Transportation;
(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-
HR 2204 PCS
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to the property for the purpose
of maintaining the aids to navigation in use on
the property.
(4) OBLIGATION LIMITATION.—The person to
which the property is conveyed is not required to
maintain any active aid to navigation equipment on
property conveyed pursuant to this section.
(5) REVERSION BASED ON USE.—The convey-
ance of the property described in subsection (a) is
subject to the condition that all right, title, and in-
terest in the property conveyed shall immediately re-
vert to the United States if the property, or any part
of the property ceases to be used as a nonprofit cen-
ter for public benefit for the interpretation and pres-
ervation of maritime history.
(6) MAINTENANCE OF PROPERTY.—The person
to which the property is conveyed shall maintain the
property in accordance with the National Historic
HR 2204 PCS
Preservation Act of 1966 (16 U.S.C. 470 et seq.),
and other applicable laws.
Passed the House of Representatives October 21,
1997.
Attest:
ROBIN H. CARLE,
Clerk.