‘‘(II) the relationship of the pur-
chase price to the value of the facility
and the real property on which the fa-
cility is located, if the facility or the
real property was not contaminated;
‘‘(III) commonly known or rea-
sonably 
ascertainable 
information
about the facility and the real prop-
erty on which the facility is located;
‘‘(IV) the obviousness of the
presence or likely presence of contami-
nation at the facility and on the real
property on which the facility is lo-
cated; and
‘‘(V) the ability of the responsible
party to detect contamination by ap-
propriate inspection.
‘‘(ii) REAL PROPERTY PURCHASED ON
OR AFTER MAY 31, 1997.—With respect to
real property purchased on or after May
31, 1997, until the Secretary promulgates
the regulations described in clause (ii), the
procedures of the American Society for
Testing and Materials, including the docu-
ment known as ‘Standard E1527–97’, enti-
100
tled ‘Standard Practice for Environmental
Site Assessment: Phase I Environmental
Site Assessment Process’, shall satisfy the
requirements in subparagraph (A).
‘‘(E) 
SITE
INSPECTION
AND
TITLE
SEARCH.—In the case of real property for resi-
dential use or other similar use purchased by a
nongovernmental or noncommercial entity, in-
spection and title search of the facility and the
real property on which the facility is located
that reveal no basis for further investigation
shall be considered to satisfy the requirements
of this paragraph.
‘‘(5) PREVIOUS OWNER OR OPERATOR.—Noth-
ing in this paragraph or in section 1003(a)(3) shall
diminish the liability of any previous owner or oper-
ator of such facility who would otherwise be liable
under this Act. Notwithstanding this paragraph, if a
responsible party obtained actual knowledge of the
discharge or substantial threat of discharge of oil at
such facility when the responsible party owned the
facility and then subsequently transferred ownership
of the facility or the real property on which the facil-
ity is located to another person without disclosing
such knowledge, the responsible party shall be treat-
101
ed as liable under 1002(a) and no defense under sec-
tion 1003(a) shall be available to such responsible
party.
‘‘(6) LIMITATION
ON
DEFENSE.—Nothing in
this paragraph shall affect the liability under this
Act of a responsible party who, by any act or omis-
sion, caused or contributed to the discharge or sub-
stantial threat of discharge of oil which is the sub-
ject of the action relating to the facility.’’.
SEC. 704. OIL SPILL RECOVERY INSTITUTE.
(a) TERMINATION OF FUNDING FOR INSTITUTE.—
Section 5001(i) of the Oil Pollution Act of 1990 (33
U.S.C. 2731(i)) is amended by striking ‘‘September 30,
2012’’ and inserting ‘‘one year after the Secretary of the
department in which the Coast Guard is operating, in con-
sultation with the Secretary of the Interior, determines
that oil and gas exploration, development, and production
in Alaska have ceased’’.
(b) USE OF FUNDING FOR SECTION 1012 OF OPA.—
Subsection (c) of section 5006 of the Oil Pollution Act
of 1990, as added by section 1102(b)(4) of Public Law
104–324 (110 Stat. 3965; 33 U.S.C. 2736(c)), is amended
by striking ‘‘with the eleventh year following the date of
enactment of the Coast Guard Authorization Act of
1996,’’ and inserting ‘‘one year after the Secretary of the
102
department in which the Coast Guard is operating, in con-
sultation with the Secretary of the Interior, determines
that oil and gas exploration, development, and production
in Alaska have ceased,’’.
SEC. 705. ALTERNATIVES.
Section 4115(e)(3) of the Oil Pollution Act of 1990
(46 U.S.C. 3703a note) is amended to read as follows:
‘‘(3) No later than one year after the date of
enactment of the Coast Guard and Maritime Trans-
portation Act of 2003, the Secretary shall, taking
into account the recommendations contained in the
report by the Marine Board of the National Re-
search Council entitled ‘Environmental Performance
of Tanker Design in Collision and Grounding’ and
dated 2001, establish and publish an environmental
equivalency evaluation index (including the method-
ology to develop that index) to assess overall outflow
performance due to collisions and groundings for
double hull tank vessels and alternative hull de-
signs.’’.
Passed the House of Representatives November 5,
2003.
Attest:
Clerk.