(3) in the item relating to section 286a, by
striking ‘‘severance’’ and inserting ‘‘separation’’ in
its place; and
(4) in the item relating to section 327, by strik-
ing ‘‘severance’’ and inserting ‘‘separation’’ in its
place.
(c) EFFECTIVE DATE.—The amendments made by
paragraphs (2), (3), (4), and (5) of subsection (a) shall
take effect four years after the date of enactment of this
Act, except that subsection (d) of section 286 of title 14,
United States Code, as amended by paragraph (3) of sub-
section (a) of this section shall take effect on enactment
of this Act and shall apply with respect to conduct on or
after that date. The amendments made to the table of sec-
tions of chapter 11 of title 14, United States Code, by
paragraphs (2), (3), and (4) of subsection (b) of this sec-
tion shall take effect four years after the date of enact-
ment of this Act.
SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE
PROPERTY.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end a new sec-
tion 672b to read as follows:
‘‘§ 672b. Long-term lease authority for lighthouse
property
‘‘(a) The Commandant of the Coast Guard may lease
to non-Federal entities, including private individuals,
lighthouse property under the administrative control of the
Coast Guard for terms not to exceed 30 years. Consider-
ation for the use and occupancy of lighthouse property
leased under this section, and for the value of any utilities
and services furnished to a lessee of such property by the
Commandant, may consist, in whole or in part, of non-
pecuniary remuneration including, but not limited to, the
improvement, alteration, restoration, rehabilitation, re-
pair, and maintenance of the leased premises by the lessee.
Section 321 of chapter 314 of the Act of June 30, 1932
(40 U.S.C. 303b) shall not apply to leases issued by the
Commandant under this section.
‘‘(b) Amounts received from leases made under this
section, less expenses incurred, shall be deposited in the
Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 17 of title 14, United States
Code, is amended by adding after the item relating to sec-
tion 672 the following:
‘‘672b. Long-term lease authority for lighthouse property.’’.
SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT
AMENDMENTS.
(a) Section 3 of the Maritime Drug Law Enforcement
Act (46 App. U.S.C. 1903) is amended—
(1) in subsection (c)(1)(D) by striking ‘‘and’’;
(2) in subsection (c)(1)(E) by striking ‘‘United
States.’’ and inserting ‘‘United States; and’’; and
(3) by inserting after subsection (c)(1)(E) the
following:
‘‘(F) a vessel located in the contiguous zone of
the United States, as defined in Presidential Procla-
mation 7219 of September 2, 1999, and (i) is enter-
ing the United States, (ii) has departed the United
States, or (iii) is a hovering vessel as defined in 19
U.S.C. 1401(k).’’.
(b) The second section 3 of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1904) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Any property’’;
and
(2) by adding at the end the following:
‘‘(b) Practices commonly recognized as smuggling
tactics may provide prima facie evidence of intent to use
a vessel to commit, or to facilitate the commission of, an
offense under this chapter, and may support seizure and
forfeiture of the vessel, even in the absence of controlled
substances aboard the vessel. The following indicia, inter
alia, may be considered, in the totality of the cir-
cumstances, to be prima facie evidence that a vessel is in-
tended to be used to commit, or to facilitate the commis-
sion of an offense under this chapter:
‘‘(1) The construction or adaptation of the ves-
sel 
in 
a 
manner 
that 
facilitates 
smuggling,
including—
‘‘(A) the configuration of the vessel to ride
low in the water or present a low hull profile to
avoid being detected visually or by radar;
‘‘(B) the presence of any compartment or
equipment which is built or fitted out for smug-
gling, not including items such as a safe or
lock-box reasonably used for the storage of per-
sonal valuables;
‘‘(C) the presence of an auxiliary tank not
installed in accordance with applicable law, or
installed in such a manner as to enhance the
vessel’s smuggling capability;
‘‘(D) the presence of engines that are ex-
cessively over-powered in relation to the design
and size of the vessel;
‘‘(E) the presence of materials used to re-
duce or alter the heat or radar signature of the
vessel and avoid detection;
‘‘(F) the presence of a camouflaging paint
scheme, or of materials used to camouflage the
vessel, to avoid detection; or
‘‘(G) the display of false vessel registration
numbers, false indicia of vessel nationality, false
vessel name, or false vessel homeport.
‘‘(2) The presence or absence of equipment,
personnel, or cargo inconsistent with the type or de-
clared purpose of the vessel.
‘‘(3) The presence of excessive fuel, lube oil,
food, water, or spare parts, inconsistent with legiti-
mate vessel operation, inconsistent with the con-
struction or equipment of the vessel, or inconsistent
with the character of the vessel’s stated purpose.
‘‘(4) The operation of the vessel without lights
during times lights are required to be displayed
under applicable law or regulation, and in a manner
of navigation consistent with smuggling tactics used
to avoid detection by law enforcement authorities.
‘‘(5) The failure of the vessel to stop or respond
or heave to when hailed by government authority, es-
pecially where the vessel conducts evasive maneu-
vering when hailed.
‘‘(6) The declaration to government authority of
apparently false information about the vessel, crew,
or voyage, or the failure to identify the vessel by
name or country of registration when requested to
do so by government authority.
‘‘(7) The presence of controlled substance res-
idue on the vessel, on an item aboard the vessel, or
on a person aboard the vessel, of a quantity or other
nature which reasonably indicates manufacturing or
distribution activity.
‘‘(8) The use of petroleum products or other
substances on the vessel to foil the detection of con-
trolled substance residue.
‘‘(9) The presence of a controlled substance in
the water in the vicinity of the vessel, where given
the currents, weather conditions, and course and
speed of the vessel, the quantity or other nature is
such that it reasonably indicates manufacturing or
distribution activity.’’.
SEC. 419. WING-IN-GROUND CRAFT.
(a) Section 2101(35) of title 46, United States Code,
is amended by inserting ‘‘a wing-in-ground craft, regard-
less of tonnage, carrying at least one passenger for hire,
and’’ after the phrase ‘‘ ‘small passenger vessel’ means’’.
(b) Section 2101 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(48) wing-in-ground craft means a vessel that
is capable of operating completely above the surface
of the water on a dynamic air cushion created by
aerodynamic lift due to the ground effect between
the vessel and the water’s surface.’’.
SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS FOR VESSELS.
Section 31321(a)(4) of title 46, United States Code,
is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR
MERCHANT MARINERS’ DOCUMENTS.
Section 7303 of title 46, United States Code, is
amended by striking ‘‘the thumbprint,’’.
SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION
FOR RECREATIONAL VESSELS.
(a) Section 12103(a) of title 46, United States Code,
is amended by inserting ‘‘, or a temporary certificate of
documentation,’’ after ‘‘certificate of documentation’’.
(b)(1) Chapter 121 of title 46, United States Code,
is amended by adding after section 12103 the following:
‘‘§ 12103a. Issuance of temporary certificate of docu-
mentation by third parties
‘‘(a) The Secretary of Transportation may delegate,
subject to the supervision and control of the Secretary and
under terms set out by regulation, to private entities de-
termined and certified by the Secretary to be qualified,
the authority to issue a temporary certificate of docu-
mentation for a recreational vessel, if the applicant for the
certificate of documentation meets the requirements set
out in sections 12102 and 12103 of this chapter.
‘‘(b) A temporary certificate of documentation issued
under section 12103(a) and subsection (a) of this section
is valid for up to 30 days from issuance.’’.
(2) The table of sections at the beginning of chapter
121 of title 46, United States Code, is amended by insert-
ing after the item relating to section 12103 the following:
‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.
SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING
FOREIGN VESSELS.
Section 6101 of title 46, United States Code, is
amended—
(1) by redesignating the second subsection (e)
as subsection (f); and
(2) by adding at the end the following new sub-
section:
‘‘(g) To the extent consistent with generally recog-
nized practices and procedures of international law, this
part applies to a foreign vessel involved in a marine cas-
ualty or incident, as defined in the International Maritime
Organization Code for the Investigation of Marine Casual-
ties and Incidents, where the United States is a Substan-
tially Interested State and is, or has the consent of, the
Lead Investigating State under the Code.’’.
SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN
HAMPTON TOWNSHIP, MICHIGAN.
(a) REQUIREMENT TO CONVEY.—
(1) IN GENERAL.—Notwithstanding any other
law, the Secretary of Transportation (in this section
referred to as the ‘‘Secretary’’) shall convey to
BaySail, Inc. (a nonprofit corporation established
under the laws of the State of Michigan; in this sec-
tion referred to as ‘‘BaySail’’), without monetary
consideration, all right, title, and interest of the
United States in and to property adjacent to Coast
Guard Station Saginaw River, located in Hampton
Township, Michigan, as identified under paragraph
(2). No submerged lands may be conveyed under
this section.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary, in consultation with the Commandant of the
Coast Guard, shall identify, describe, and determine
the property to be conveyed under this section.
(3) SURVEY.—The exact acreage and legal de-
scription of the property conveyed under paragraph
(1), as identified under paragraph (2), and any ease-
ments or rights-of-way reserved by the United States
under subsection (b), shall be determined by a sur-
vey satisfactory to the Secretary. The cost of the
survey shall be borne by BaySail.
(b) TERMS AND CONDITIONS OF CONVEYANCE.—The
conveyance of property under this section shall be made
subject to any terms and conditions the Secretary con-
siders necessary, including the reservation of easements
and other rights on behalf of the United States.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—During the 5-year period be-
ginning on the date the Secretary makes the convey-
ance authorized by subsection (a), the real property
conveyed pursuant to this section, at the option of
the Secretary, shall revert to the United States and
be placed under the administrative control of the
Secretary, if—
(A) BaySail sells, conveys, assigns, ex-
changes, or encumbers the property conveyed or
any part thereof;
(B) BaySail fails to maintain the property
conveyed in a manner consistent with the terms
and conditions under subsection (b);
(C) BaySail conducts any commercial ac-
tivity at the property conveyed, or any part
thereof, without approval of the Secretary; or
(D) at least 30 days before the reversion,
the Secretary provides written notice to the
owner that the property or any part thereof is
needed for national security purposes.
(2) ADDITIONAL PERIOD.—The Secretary may,
before the completion of the 5-year period described
in paragraph (1), authorize an additional 5-year pe-
riod during which paragraph (1) shall apply.
SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY,
MICHIGAN.
Section 1005(c) of the Coast Guard Authorization
Act of 1996 (110 Stat. 3957) is amended by striking ‘‘the
Traverse City Area Public School District’’ and inserting
‘‘a public or private nonprofit entity for an educational
or recreational purpose’’.
SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILI-
TIES AND READINESS TO FULFILL NATIONAL
DEFENSE RESPONSIBILITIES.
Not later than February 15 each year, the Secretary
of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate a report, prepared in
conjunction with the Commandant of the Coast Guard,
setting forth the capabilities and readiness of the Coast
Guard to fulfill its national defense responsibilities.
SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL
RECOVERY INSTITUTE.
Section 5001(i) of the Oil Pollution Act of 1990 (33
U.S.C. 2731(i)) is amended by striking ‘‘10 years’’ and
all that follows through the end of the sentence and insert-
ing ‘‘September 30, 2012.’’.
SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTA-
TION.
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 section 12106
of title 46, United States Code, the Secretary of Transpor-
tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for each of the following vessels:
(1) LAUDERDALE LADY (United States offi-
cial number 1103520).
(2) SOVEREIGN (United States official num-
ber 1028144).
(3) CALEDONIA (United States official num-
ber 679530).
SEC. 429. ICEBREAKING SERVICES.
The Commandant of the Coast Guard shall not plan,
implement, or finalize any regulation or take any other
action which would result in the decommissioning of any
WYTL-class harbor tugs unless and until the Com-
mandant certifies in writing to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, that sufficient replacement ca-
pability has been procured by the Coast Guard to reme-
diate any degradation in current icebreaking services that
would be caused by such decommissioning.
SEC. 430. FISHING VESSEL SAFETY TRAINING.
(a) IN GENERAL.—The Commandant of the Coast
Guard may provide support, with or without reimburse-
ment, to an entity engaged in fishing vessel safety training
including—
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including ac-
tive duty members, members of the Coast Guard Re-
serve, and members of the Coast Guard Auxiliary, as
temporary or adjunct instructors;
(3) sharing of appropriate Coast Guard infor-
mational and safety publications; and
(4) participation on applicable fishing vessel
safety training advisory panels.
(b) NO INTERFERENCE WITH OTHER FUNCTIONS.—
In providing support under subsection (a), the Com-
mandant shall ensure that the support does not interfere
with any Coast Guard function or operation.
SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST
GUARD VESSEL TRAFFIC SERVICES.
(a) IN GENERAL.—Chapter 23 of title 46, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots
‘‘Any pilot, acting in the course and scope of his or
her duties while at a United States Coast Guard Vessel
Traffic Service, who provides information, advice, or com-
munication assistance while under the supervision of a
Coast Guard officer, member, or employee shall not be lia-
ble for damages caused by or related to such assistance
unless the acts or omissions of such pilot constitute gross
negligence or willful misconduct.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis
for chapter 23 of title 46, United States Code, is amended
by adding at the end the following:
‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.
SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON
CHICAGO LAKEFRONT.
(a) ASSISTANCE AUTHORIZED.—The Secretary of
Transportation may use amounts authorized under this
section to provide financial assistance to the City of Chi-
cago, Illinois, to pay the Federal share of the cost of a
project to demolish the Old Coast Guard Station, located
at the north end of the inner Chicago Harbor breakwater
at the foot of Randolph Street, and to plan, engineer, de-
sign, and construct a new facility at that site for use as
a marine safety station on the Chicago lakefront.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the cost of a project carried out with assistance
under this section may not exceed one third of the
total cost of the project or $2,000,000, whichever is
less.
(2) NON-FEDERAL SHARE.—There shall not be
applied to the non-Federal share of a project carried
out with assistance under this section—
(A) the value of land and existing facilities
used for the project; and
(B) any costs incurred for site work per-
formed before the date of the enactment of this
Act, including costs for reconstruction of the
east breakwater wall and associated utilities.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the other amounts authorized by this Act, for pro-
viding financial assistance under this section there is au-
thorized to be appropriated to the Secretary of Transpor-
tation $2,000,000 for fiscal year 2002, to remain available
until expended.
SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELI-
GIBILITY OF CERTAIN VESSELS FOR FISHERY
ENDORSEMENT.
Section 12102(c)(5) of title 46. United States Code,
is amended by striking ‘‘of more than 750 gross registered
tons’’ and inserting ‘‘of more than 750 gross tons as meas-
ured under chapter 145 or 1900 gross tons as measured
under chapter 143’’.
SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL
AND ASSOCIATED EQUIPMENT RECALLS.
Section 4310(c) of title 46, United States Code, is
amended—
(1) in paragraph (2)(A) and (B) by striking
‘‘5’’ each place it appears and inserting ‘‘10’’; and
(2) in paragraph (1)(A), (B), and (C) by insert-
ing ‘‘by first class mail or’’ before ‘‘by certified
mail’’ .
Passed the House of Representatives December 20,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3507
AN ACT
To authorize appropriations for the Coast Guard
for fiscal year 2002, and for other purposes.