IV
105TH CONGRESS
2D SESSION
H. RES. 602
Providing for the concurrence by the House with an amendment in the
Senate amendment to H.R. 2204.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 15, 1998
Mr. SHUSTER submitted the following resolution; which was considered and
agreed to
RESOLUTION
Providing for the concurrence by the House with an
amendment in the Senate amendment to H.R. 2204.
Resolved, That upon the adoption of this resolution
the House shall be considered to have taken from the
Speaker’s table the bill (H.R. 2204) to authorize appro-
priations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes, and the Senate amend-
ment thereto, and to have concurred in the Senate amend-
ment with an amendment as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.
TITLE II—COAST GUARD MANAGEMENT
Sec. 201. Severance pay.
Sec. 202. Authority to implement and fund certain awards programs.
Sec. 203. Use of appropriated funds for commercial vehicles at military funer-
als.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Law enforcement authority for special agents of the Coast Guard In-
vestigative Service.
Sec. 206. Report on excess Coast Guard property.
Sec. 207. Fees for navigation assistance service.
Sec. 208. Aids to navigation report.
TITLE III—MARINE SAFETY
Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
Sec. 304. Alcohol testing.
Sec. 305. Protect marine casualty investigations from mandatory release.
Sec. 306. Safety management code report and policy.
Sec. 307. Oil and hazardous substance definition and report.
Sec. 308. National Marine Transportation System.
Sec. 309. Availability and use of EPIRBS for recreational vessels.
Sec. 310. Search and rescue helicopter coverage.
Sec. 311. Petroleum transportation.
Sec. 312. Seasonal Coast Guard helicopter air rescue capability.
Sec. 313. Ship reporting systems.
TITLE IV—MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, Jacksonville,
Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
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Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University in
Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver
Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill prevention and
response activities.
Sec. 412. Vessels not seagoing motor vessels.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, Michi-
gan.
Sec. 415. Interim authority for dry bulk cargo residue disposal.
Sec. 416. Conveyance of lighthouses.
Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.
Sec. 418. Conveyance of decommissioned Coast Guard vessels.
Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the Interior.
Sec. 421. Vessel documentation clarification.
Sec. 422. Dredge clarification.
Sec. 423. Double hull alternative designs study.
Sec. 424. Vessel sharing agreements.
Sec. 425. Reports.
Sec. 426. Report on tonnage calculation methodology.
Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.
Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, JOHN
HENRY.
Sec. 429. Applicability of authority to release restrictions and encumbrances.
Sec. 430. Barge APL–60.
Sec. 431. Vessel financing flexibility.
Sec. 432. Hydrographic functions.
TITLE V—ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS
Sec. 501. Findings.
Sec. 502. Administrative waiver of coastwise trade laws.
Sec. 503. Revocation.
Sec. 504. Definitions.
Sec. 505. Sunset.
TITLE VI—HARMFUL ALGAL BLOOMS AND HYPOXIA
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. Authorization of appropriations.
Sec. 606. Protection of States’ rights.
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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, $2,715,400,000;
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 and of which
not less than $408,000,000 shall be available
for expenses related to drug interdiction.
(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, $399,850,000, of
which $2,000,000 shall be made available for
concept evaluation for a replacement vessel for
the Coast Guard icebreaker MACKINAW; and
(B) for fiscal year 1999, $510,300,000, of
which $5,300,000 shall be made available to
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complete the conceptual design for a replace-
ment vessel for the Coast Guard icebreaker
MACKINAW;
to remain available until expended, of which
$20,000,000 shall be derived each fiscal year from
the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 and of which not less than $62,000,000
shall be available for expenses related to drug inter-
diction.
(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, $19,000,000; and
(B) for fiscal year 1999, $18,300,000;
to remain available until expended, of which
$3,500,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollution Act
of 1990.
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(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
personnel and their dependents under chapter 55 of
title 10, United States Code—
(A) for fiscal year 1998, $653,196,000;
and
(B) for fiscal year 1999, $691,493,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program—
(A) for fiscal year 1998, $17,000,000; and
(B) for fiscal year 1999, $26,000,000,
to remain available until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $26,000,000 for each of fiscal years 1998
and 1999, to remain available until expended.
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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.
(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—
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(A) for fiscal year 1998, 814 student
years; and
(B) for fiscal year 1999, 810 student
years.
SEC. 103. LORAN-C.
(a) FISCAL YEAR 1999.—There are authorized to be
appropriated to the Department of Transportation, in ad-
dition to the funds authorized for the Coast Guard for
operation of the LORAN-C System, for capital expenses
related 
to 
LORAN-C 
navigation 
infrastructure,
$10,000,000 for fiscal year 1999. The Secretary of Trans-
portation may transfer from the Federal Aviation Admin-
istration and other agencies of the department funds ap-
propriated as authorized under this section in order to re-
imburse the Coast Guard for related expenses.
(b) COST-SHARING PLAN.—Not later than 6 months
after the date of enactment of this Act, the Secretary of
Transportation shall develop and submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a plan for cost-sharing
arrangements among Federal agencies for such capital
and operating expenses related to LORAN-C navigation
infrastructure, including such expenses of the Coast
Guard and the Federal Aviation Administration.
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TITLE II—COAST GUARD
MANAGEMENT
SEC. 201. SEVERANCE PAY.
(a) WARRANT OFFICERS.—Section 286a(d) of title
14, United States Code, is amended by striking the last
sentence.
(b) SEPARATED OFFICERS.—Section 286a of title 14,
United States Code, is amended by striking the period at
the end of subsection (b) and inserting ‘‘, unless the Sec-
retary determines that the conditions under which the offi-
cer is discharged or separated do not warrant payment
of that amount of severance pay.’’.
(c) EXCEPTION.—Section 327 of title 14, United
States Code, is amended by striking the period at the end
of paragraph (b)(3) and inserting ‘‘, unless the Secretary
determines that the conditions under which the officer is
discharged or separated do not warrant payment of that
amount of severance pay.’’.
SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN
AWARDS PROGRAMS.
Section 93 of title 14, United States Code, is amend-
ed—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (u);
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(2) by striking the period at the end of para-
graph (v) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(w) provide for the honorary recognition of in-
dividuals and organizations that significantly con-
tribute to Coast Guard programs, missions, or oper-
ations, including State and local governments and
commercial and nonprofit organizations, and pay
for, using any appropriations or funds available to
the Coast Guard, plaques, medals, trophies, badges,
and similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation).’’.
SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMER-
CIAL VEHICLES AT MILITARY FUNERALS.
Section 93 of title 14, United States Code, as amend-
ed by section 202 of this Act, is further amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (v);
(2) by striking the period at the end of para-
graph (w) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
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‘‘(x) rent or lease, under such terms and condi-
tions as are considered by the Secretary to be advis-
able, commercial vehicles to transport the next of
kin of eligible retired Coast Guard military personnel
to attend funeral services of the service member at
a national cemetery.’’.
SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFOR-
NIA, REUSE COMMISSION.
The Commandant of the United States Coast Guard
may use up to $25,000 to provide economic adjustment
assistance for the City of Novato, California, for the cost
of revising the Hamilton Reuse Planning Authority’s reuse
plan as a result of the Coast Guard’s request for housing
at Hamilton Air Force Base. If the Department of De-
fense provides such economic adjustment assistance to the
City of Novato on behalf of the Coast Guard, then the
Coast Guard may use the amount authorized for use in
the preceding sentence to reimburse the Department of
Defense for the amount of economic adjustment assistance
provided to the City of Novato by the Department of De-
fense.
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SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL
AGENTS OF THE COAST GUARD INVESTIGA-
TIVE SERVICE.
(a) AUTHORITY.—Section 95 of title 14, United
States Code, is amended to read as follows:
‘‘§ 95. Special agents of the Coast Guard Investiga-
tive Service law enforcement authority
‘‘(a)(1) A special agent of the Coast Guard Investiga-
tive Service designated under subsection (b) has the fol-
lowing authority:
‘‘(A) To carry firearms.
‘‘(B) To execute and serve any warrant or other
process issued under the authority of the United
States.
‘‘(C) To make arrests without warrant for—
‘‘(i) any offense against the United States
committed in the agent’s presence; or
‘‘(ii) any felony cognizable under the laws
of the United States if the agent has probable
cause to believe that the person to be arrested
has committed or is committing the felony.
‘‘(2) The authorities provided in paragraph (1) shall
be exercised only in the enforcement of statutes for which
the Coast Guard has law enforcement authority, or in exi-
gent circumstances.
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‘‘(b) The Commandant may designate to have the au-
thority provided under subsection (a) any special agent of
the Coast Guard Investigative Service whose duties in-
clude conducting, supervising, or coordinating investiga-
tion of criminal activity in programs and operations of the
United States Coast Guard.
‘‘(c) The authority provided under subsection (a)
shall be exercised in accordance with guidelines prescribed
by the Commandant and approved by the Attorney Gen-
eral and any other applicable guidelines prescribed by the
Secretary of Transportation or the Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 5 of title 14, United States
Code, is amended by striking the item related to section
95 and inserting the following:
‘‘95. Special agents of the Coast Guard Investigative Service law enforcement au-
thority.’’.
SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.
Not later than 9 months after the date of enactment
of this Act, the Administrator of the General Services Ad-
ministration and the Commandant of the Coast Guard
shall submit to the Congress a report on the current proce-
dures used to dispose of excess Coast Guard property and
provide recommendations to improve such procedures. The
recommendations shall take into consideration measures
that would—
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(1) improve the efficiency of such procedures;
(2) improve notification of excess property deci-
sions to and enhance the participation in the prop-
erty disposal decisionmaking process of the States,
local communities, and appropriate non-profit orga-
nizations;
(3) facilitate the expeditious transfer of excess
property for recreation, historic preservation, edu-
cation, transportation, or other uses that benefit the
general public; and
(4) ensure that the interests of Federal tax-
payers are protected.
SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.
Section 2110 of title 46, United States Code, is
amended by adding at the end thereof the following:
‘‘(k) The Secretary may not plan, implement or final-
ize any regulation that would promulgate any new mari-
time user fee which was not implemented and collected
prior to January 1, 1998, including a fee or charge for
any domestic icebreaking service or any other navigational
assistance service. This subsection expires on September
30, 2001.’’.
SEC. 208. AIDS TO NAVIGATION REPORT.
Not later than 18 months after the date of enactment
of this Act, the Commandant of the Coast Guard shall
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submit to Congress a report on the use of the Coast
Guard’s aids to navigation system. The report shall in-
clude an analysis of the respective use of the aids to navi-
gation system by commercial interests, members of the
general public for personal recreation, Federal and State
government for public safety, defense, and other similar
purposes. To the extent practicable within the time al-
lowed, the report shall include information regarding de-
gree of use of the various portions of the system.
TITLE III—MARINE SAFETY
SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN
LAWS.
(a) PORTS AND WATERWAYS SAFETY ACT.—Section
102 of the Ports and Waterways Safety Act (33 U.S.C.
1222) is amended by adding at the end the following:
‘‘(5) ‘Navigable waters of the United States’ in-
cludes all waters of the territorial sea of the United
States as described in Presidential Proclamation
5928 of December 27, 1988.’’.
(b) SUBTITLE II OF TITLE 46.—
(1) Section 2101 of title 46, United States
Code, is amended—
(A) by redesignating paragraph (17a) as
paragraph (17b); and
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(B) by inserting after paragraph (17) the
following:
‘‘(17a) ‘navigable waters of the United States’
includes all waters of the territorial sea of the
United States as described in Presidential Proclama-
tion 5928 of December 27, 1988.’’.
(2) Section 2301 of that title is amended by in-
serting ‘‘(including the territorial sea of the United
States as described in Presidential Proclamation
5928 of December 27, 1988)’’ after ‘‘of the United
States’’.
(3) Section 4102(e) of that title is amended by
striking ‘‘operating on the high seas’’ and inserting
‘‘owned in the United States and operating beyond
3 nautical miles from the baselines from which the
territorial sea of the United States is measured’’.
(4) Section 4301(a) of that title is amended by
inserting ‘‘(including the territorial sea of the United
States as described in Presidential Proclamation
5928 of December 27, 1988)’’ after ‘‘of the United
States’’.
(5) Section 4502(a)(7) of that title is amended
by striking ‘‘on the high seas’’ and inserting ‘‘be-
yond 3 nautical miles from the baselines from which
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the territorial sea of the United States is measured,
and which are owned in the United States’’.
(6) Section 4506(b) of that title is amended by
striking paragraph (2) and inserting the following:
‘‘(2) is operating—
‘‘(A) in internal waters of the United
States; or
‘‘(B) within 3 nautical miles from the
baselines from which the territorial sea of the
United States is measured.’’.
(7) Section 8502(a)(3) of that title is amended
by striking ‘‘not on the high seas’’ and inserting:
‘‘not beyond 3 nautical miles from the baselines
from which the territorial sea of the United States
is measured’’.
(8) Section 8503(a)(2) of that title is amended
by striking paragraph (2) and inserting the follow-
ing:
‘‘(2) operating—
‘‘(A) in internal waters of the United
States; or
‘‘(B) within 3 nautical miles from the
baselines from which the territorial sea of the
United States is measured.’’.
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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
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
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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-
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;
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‘‘(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
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.
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‘‘(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.’’.
SEC. 304. ALCOHOL TESTING.
(a) ADMINSTRATIVE PROCEDURE.—Section 7702 of
title 46, United States Code, is amended by striking the
second sentence of subsection (c)(2) and inserting the fol-
lowing: ‘‘The testing may include preemployment (with re-
spect to dangerous drugs only), periodic, random, and rea-
sonable cause testing, and shall include post-accident test-
ing.’’.
(b) INCREASE IN CIVIL PENALTY.—Section 2115 of
title 46, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘$5,000’’.
(c) INCREASE IN NEGLIGENCE PENALTY.—Section
2302(c)(1) of title 46, United States Code, is amended
by striking ‘‘$1,000 for a first violation and not more than
$5,000 for a subsequent violation; or’’ and inserting
‘‘$5,000; or’’.
(d) POST SERIOUS MARINE CASUALTY TESTING.—
(1) Chapter 23 of title 46, United States Code,
is amended by inserting after section 2303 the fol-
lowing:
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‘‘§2303a. Post serious marine casualty alcohol testing
‘‘(a) The Secretary shall establish procedures to en-
sure that after a serious marine casualty occurs, alcohol
testing of crew members or other persons responsible for
the operation or other safety-sensitive functions of the ves-
sel or vessels involved in such casualty is conducted no
later than 2 hours after the casualty occurs, unless such
testing cannot be completed within that time due to safety
concerns directly related to the casualty.
‘‘(b) The procedures in subsection (a) shall require
that if alcohol testing cannot be completed within 2 hours
of the occurrence of the casualty, such testing shall be con-
ducted as soon thereafter as the safety concerns in sub-
section (a) have been adequately addressed to permit such
testing, except that such testing may not be required more
than 8 hours after the casualty occurs.’’.
(2) The table of sections at the beginning of
chapter 23 of title 46, United States Code, is
amended by inserting after the item related to sec-
tion 2303 the following:
‘‘2303a. Post serious marine casualty alcohol testing’’.
SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS
FROM MANDATORY RELEASE.
Section 6305(b) of title 46, United States Code, is
amended by striking all after ‘‘public’’ and inserting a pe-
riod and ‘‘This subsection does not require the release of
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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,
and identifying actions to further promote ma-
rine 
safety 
and 
environmental 
protection
through the Code;
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(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
effective implementation of the Code. The policy
may include—
(A) enforcement penalty reductions and
waivers, limits on the use in legal proceedings
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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:
‘‘(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
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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
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.
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(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;
(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;
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(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.
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
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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
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives—
(1) identifying waters out to 50 miles from the
territorial sea of Maine and other States that cannot
currently be served by a Coast Guard search and
rescue helicopter within 2 hours of a report of dis-
tress or request for assistance from such waters;
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(2) providing options for ensuring that all wa-
ters of the area referred to in paragraph (1) can be
served by a Coast Guard search and rescue heli-
copter within 2 hours of a report of distress or re-
quest for assistance from such waters;
(3) providing an analysis assessing the overall
capability of Coast Guard search and rescue assets
to serve each area referred to in paragraph (1) with-
in 2 hours of a report of distress or request for as-
sistance from such waters; and
(4) identifying, among any other options the
Commandant may provide as required by paragraph
(2), locations in the State of Maine that may be
suitable for the stationing of a Coast Guard search
and rescue helicopter and crew, including any Coast
Guard facility in Maine, the Bangor Air National
Guard Base, and any other locations.
SEC. 311. PETROLEUM TRANSPORTATION.
(a) DEFINITIONS.—In this section:
(1) FIRST COAST GUARD DISTRICT.—The term
‘‘First Coast Guard District’’ means the First Coast
Guard District described in section 3.05-1(b) of title
33, Code of Federal Regulations.
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(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.—
(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
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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
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.
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(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.
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
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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
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—
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(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—
(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
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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,’’;
(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
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(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.
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.
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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).
(9) MIGHTY JOHN III (formerly the NIAG-
ARA 
QUEEN, 
Canadian 
registration 
number
318746).
(10) MAR Y PAZ (United States official num-
ber 668179).
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(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).
(21) PACIFIC MONARCH (United States offi-
cial number 557467).
(22) FLAME (United States official number
279363).
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(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).
(33) ENFORCER (United States official num-
ber 502610).
(34) The vessel registered as State of Oregon
registration number OR 766 YE.
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(35) AMICI (United States official number
658055).
(36) ELIS (United States official number
628358).
(37) STURE (United States official number
617703).
(38) CAPT GRADY (United States official
number 626257).
(39) Barge number 1 (United States official
number 933248).
(40) Barge number 2 (United States official
number 256944).
(41) Barge number 14 (United States official
number 501212).
(42) Barge number 18 (United States official
number 297114).
(43) Barge number 19 (United States official
number 503740).
(44) Barge number 21 (United States official
number 650581).
(45) Barge number 22 (United States official
number 650582).
(46) Barge number 23 (United States official
number 650583).
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(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).
(57) TAURUS (United States official number
955814).
(58) The barge KC–251 (United States official
number CG019166; National Vessel Documentation
Center number 1055559).
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(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.—
(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-
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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-
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-
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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
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.
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(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
(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.
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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
‘‘(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.’’.
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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,
or any part thereof, ceases to be used by Jackson-
ville University.
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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.
‘‘(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
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‘‘(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
the House of Representatives 90 days prior to approving
such recognition.
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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-
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.
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(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
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
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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’’;
(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’’,
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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’’.
SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.
(a) VESSEL TURMOIL.—
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(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—
(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
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(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:
(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;
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(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
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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.
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(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. 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-
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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
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
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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.
(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.
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(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.—
(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-
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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
(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
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(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
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
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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
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.
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(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’’
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.
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(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.
(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
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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.
(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.
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(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
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
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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.
SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST
GUARD VESSELS.
(a) IN GENERAL.—The Commandant of the Coast
Guard may convey all right, title, and interest of the
United States in and to each of 2 decommissioned ‘‘White
Class’’ 133-foot Coast Guard vessels to Canvasback Mis-
sion, Inc. (a nonprofit corporation under the laws of the
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State of Oregon; in this section referred to as ‘‘the recipi-
ent’’), without consideration, if—
(1) the recipient agrees—
(A) to use the vessel for purposes of pro-
viding medical services to Central and South
Pacific island nations;
(B) not to use the vessel for commercial
transportation purposes except those incident to
the provisions of those medical services;
(C) to make the vessel available to the
United States Government if needed for use by
the Commandant in times of war or a national
emergency; and
(D) to hold the Government harmless for
any claims arising from exposure to hazardous
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls (PCBs), after conveyance
of the vessel, except for claims arising from the
use by the Government under paragraph (1)(C);
(2) the recipient has funds available that will be
committed to operate and maintain each vessel con-
veyed in good working condition, in the form of
cash, liquid assets, or a written loan commitment,
and in the amount of at least $400,000 per vessel;
and
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(3) the recipient agrees to any other conditions
the Commandant considers appropriate.
(b) MAINTENANCE AND DELIVERY OF VESSELS.—
Prior to conveyance of a vessel under this section, the
Commandant shall, to the extent practical, and subject to
other Coast Guard mission requirements, make every ef-
fort to maintain the integrity of the vessel and its equip-
ment until the time of delivery. If a conveyance is made
under this section, the Commandant shall deliver the ves-
sel at the place where the vessel is located, in its present
condition, and without cost to the Government. The con-
veyance of the vessel under this section shall not be consid-
ered a distribution in commerce for purposes of section
6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) OTHER EXCESS EQUIPMENT.—The Commandant
may convey to the recipient of a vessel under this section
any excess equipment or parts from other decommissioned
Coast Guard vessels for use to enhance the vessel’s oper-
ability and function as a medical services vessel in Central
and South Pacific Islands.
SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S
RED OAK VICTORY.
Section 1008(d)(1) of the Coast Guard Authorization
Act of 1996 is amended by striking ‘‘2 years’’ and insert-
ing ‘‘3 years’’.
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SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO
SECRETARY OF THE INTERIOR.
The Administrator of the General Services Adminis-
tration shall transfer administrative jurisdiction over the
Federal property consisting of approximately 2 acres,
known as the Ocracoke Light Station, to the Secretary
of the Interior, subject to such reservations, terms, and
conditions as may be necessary for Coast Guard purposes.
All property so transferred shall be included in and admin-
istered as part of the Cape Hatteras National Seashore.
SEC. 421. VESSEL DOCUMENTATION CLARIFICATION.
Section 12102(a)(4) of title 46, United States Code,
and section 2(a) of the Shipping Act, 1916 (46 U.S.C.
App. 802(a)) are each amended by—
(1) striking ‘‘president or other’’; and
(2) inserting a comma and ‘‘by whatever title,’’
after ‘‘chief executive officer’’.
SEC. 422. DREDGE CLARIFICATION.
Section 5209(b) of the Oceans Act of 1992 (46
U.S.C. 2101 note) is amended by adding at the end there-
of the following:
‘‘(3) A vessel—
‘‘(A) configured, outfitted, and operated
primarily for dredging operations; and
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‘‘(B) engaged in dredging operations which
transfers fuel to other vessels engaged in the
same dredging operations without charge.’’.
SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.
Section 4115(e) of the Oil Pollution Act of 1990 (46
U.S. Code 3703a note) is amended by adding at the end
thereof the following:
‘‘(3)(A) The Secretary of Transportation shall
coordinate with the Marine Board of the National
Research Council to conduct the necessary research
and development of a rationally based equivalency
assessment approach, which accounts for the overall
environmental performance of alternative tank vessel
designs. Notwithstanding the Coast Guard opinion
of the application of sections 101 and 311 of the
Clean Water Act (33 U.S.C. 1251 and 1321), the
intent of this study is to establish an equivalency
evaluation procedure that maintains a high standard
of environmental protection, while encouraging inno-
vative ship design. The study shall include:
‘‘(i) development of a generalized cost spill
data base, which includes all relevant costs such
as clean-up costs and environmental impact
costs as a function of spill size;
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‘‘(ii) refinement of the probability density
functions used to establish the extent of vessel
damage, based on the latest available historical
damage statistics, and current research on the
crash worthiness of tank vessel structures;
‘‘(iii) development of a rationally based ap-
proach for calculating an environmental index,
to assess overall outflow performance due to
collisions and groundings; and
‘‘(iv) application of the proposed index to
double hull tank vessels and alternative designs
currently under consideration.
‘‘(B) A Marine Board committee shall be estab-
lished not later that 2 months after the date of en-
actment of the Coast Guard Authorization Act of
1998. The Secretary of Transportation shall submit
to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on
Transportation and Infrastructure in the House of
Representatives a report on the results of the study
not later than 12 months after the date of enact-
ment of the Coast Guard Authorization Act of 1998.
‘‘(C) Of the amounts authorized by section
1012(a)(5)(A) of this Act, $500,000 is authorized to
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carry out the activities under subparagraphs (A) and
(B) of this paragraph.’’.
SEC. 424. VESSEL SHARING AGREEMENTS.
(a) Section 5 of the Shipping Act of 1984 (46 U.S.C.
App. 1704) is amended by adding at the end thereof the
following:
‘‘(g) VESSEL SHARING AGREEMENTS.—An ocean
common carrier that is the owner, operator, or bareboat,
time, or slot charterer of a United States-flag liner vessel
documented pursuant to sections 12102(a) or (d) of title
46, United States Code, is authorized to agree with an
ocean common carrier that is not the owner, operator or
bareboat charterer for at least one year of United States-
flag liner vessels which are eligible to be included in the
Maritime Security Fleet Program and are enrolled in an
Emergency Preparedness Program pursuant to subtitle B
of title VI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1187 et seq.), to which it charters or subcharters
the United States-flag vessel or space on the United
States-flag vessel that such charterer or subcharterer may
not use or make available space on the vessel for the car-
riage of cargo reserved by law for United States-flag ves-
sels.’’.
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(b) Section 10(c)(6) of the Shipping Act of 1984 (46
U.S.C. App. 1709(c)(6)) is amended by inserting ‘‘author-
ized by section 5(g) of this Act, or as’’ before ‘‘otherwise’’.
(c) Nothing in this section shall affect or in any way
diminish the authority or effectiveness of orders issued by
the Maritime Administration pursuant to sections 9 and
41 of the Shipping Act, 1916 (46 U.S.C. App. 808 and
839).
(d) Section 3(6)(B) of the Shipping Act of 1984 (46
U.S.C. App. 1702(6)(B)) is amended by striking ‘‘parcel-
tanker.’’ and inserting ‘‘parcel-tanker or by vessel when
primarily engaged in the carriage of perishable agricul-
tural commodities (i) if the common carrier and the owner
of those commodities are wholly-owned, directly or indi-
rectly, by a person primarily engaged in the marketing and
distribution of those commodities and (ii) only with re-
spect to the carriage of those commodities.’’.
SEC. 425. REPORTS.
(a) SWATH TECHNOLOGY.—The Commandant of
the Coast Guard shall, within 18 months after the date
of enactment of this Act, report to the Senate Committee
on Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure on the
applicability of Small Waterplane Area Twin Hull
(SWATH) technology, including concepts developed by the
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United States Office of Naval Research, to the design of
Coast Guard vessels.
(b) MARINE GUIDANCE SYSTEMS.—The Secretary of
Transportation shall, within 12 months after the date of
the enactment of this Act, evaluate and report to the Con-
gress on the suitability of marine sector laser lighting, cold
cathode lighting, and ultraviolet enhanced vision tech-
nologies for use in guiding marine vessels and traffic.
SEC. 426. REPORT ON TONNAGE CALCULATION METHODOL-
OGY.
The Administrator of the Panama Canal Commission
shall, within 90 days of the date of enactment of this Act,
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report detailing the methodology employed in the
calculation of the charge of tolls for the carriage of on-
deck containers and the justification thereof.
SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSELS.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other law, the Secretary of Transportation (referred to in
this section as ‘‘the Secretary’’) may convey all right, title,
and interest of the Federal Government in and to either
or both of the vessels S.S. AMERICAN VICTORY
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(United States official number 248005) and S.S. HAT-
TIESBURG VICTORY (United States official number
248651) to The Victory Ship, Inc., located in Tampa,
Florida (in this section referred to as the ‘‘recipient’’), and
the recipient may use each vessel conveyed only as a me-
morial to the Victory class of ships.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY
OF
VESSEL.—In carrying out
subsection (a), the Secretary shall deliver a vessel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless—
(A) the recipient agrees to hold the Gov-
ernment harmless for any claims arising from
exposure to hazardous material, including as-
bestos and polychlorinated biphenyls, after con-
veyance of the vessel, except for claims arising
before the date of the conveyance or from use
of the vessel by the Government after that date;
and
(B) the recipient has available, for use to
restore the vessel, in the form of cash, liquid as-
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sets, or a written loan commitment, financial
resources of at least $100,000.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient of any vessel conveyed under
this section any unneeded equipment from other vessels
in the National Defense Reserve Fleet, for use to restore
the vessel conveyed under this section to museum quality.
SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL, JOHN HENRY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other law, the Secretary of Transportation (in this section
referred to as ‘‘the Secretary’’) may convey all right, title,
and interest of the United States Government in and to
the vessel JOHN HENRY (United States official number
599294) to a purchaser for use in humanitarian relief ef-
forts, including the provision of water and humanitarian
goods to developing nations.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY
OF
VESSEL.—In carrying out
subsection (a), the Secretary shall deliver the ves-
sel—
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(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date;
(C) at no cost to the United States Gov-
ernment; and
(D) only after the vessel has been redesig-
nated as not militarily useful.
(2) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless—
(A) competitive procedures are used for
sales under this section;
(B) the vessel is sold for not less than the
fair market value of the vessel in the United
States, as determined by the Secretary of
Transportation;
(C) the recipient agrees that the vessel
shall not be used for commercial transportation
purposes or for the carriage of cargoes reserved
to United States flag commercial vessels under
section 901(b) and 901f of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1241(b) and
1241f);
(D) the recipient agrees to hold the Gov-
ernment harmless for any claims arising from
exposure to hazardous material, including as-
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bestos and polychlorinated biphenyls, after the
conveyance of the vessel, except for claims aris-
ing before the date of the conveyance or from
use of the vessel by the Government after that
date; and
(E) the recipient provides sufficient evi-
dence to the Secretary that it has financial re-
sources in the form of cash, liquid assets, or a
written loan commitment of at least $100,000.
(F) the recipient agrees to make the vessel
available to the Government if the Secretary re-
quires use of the vessel by the Government for
war or national emergency.
(G) the recipient agrees to document the
vessel under chapter 121 of title 46, United
States Code.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) PROCEEDS.—Any amounts received by the United
States as proceeds from the sale of the M/V JOHN
HENRY shall be deposited in the Vessel Operations Re-
volving Fund established by the Act of June 2, 1951
(chapter 121; 46 U.S.C. App. 1241a) and shall be avail-
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able and expended in accordance with section 6(a) of the
National Maritime Heritage Act (16 U.S.C. App.
5405(a)).
SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RE-
STRICTIONS AND ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commis-
sion Authorization Act of 1990 (Public Law 101–595; 104
Stat. 2988) is amended—
(1) by striking ‘‘3 contiguous tracts’’ and in-
serting ‘‘4 tracts’’; and
(2) by striking ‘‘Tract A’’ and all that follows
through the end of the paragraph and inserting the
following:
‘‘Tract 1—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50
feet to the point of commencement and containing 11,000
square feet (0.2525 acres).
‘‘Tract 2—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 169.3 feet; thence S45° 28′ 31″ W 75 feet;
(Deed Call S45° 30′ 51″ W 75 feet), thence N44° 29′ 09″ W
169.3 feet; thence N45° 28′ 31″ E 75 feet to the point of com-
mencement and containing 12,697 square feet (0.2915 acres).
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‘‘Tract 3—Commencing at a point N45° 28′ 31″ E 248.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50
feet to the point of commencement and containing 11,000
square feet (0.2525 acres).
‘‘Tract 4—Commencing at a point N45° 28′ 31″ E 123.3 feet and S44° 29′
09″ E 169.3 feet from point ‘A’ as shown on plat of survey
of ‘Boundary Agreement of CAFB’ by D.W. Jessen and Asso-
ciates, Civil Engineers, Lake Charles, Louisiana, dated August
7, 1973, and filed in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44° 29′ 09″ E 50.7 feet;
thence N45° 28′ 31″ E 75 feet; thence N44° 29′ 09″ W 50.7
feet; thence S45° 28′ 31″ W 75 feet (Deed Call S45° 30′ 51″
W 75 feet) to the point of commencement and containing
3,802 square feet (0.0873 acres).
‘‘Composite Description—A tract of land lying in section 2, Township 10
South—Range 8 West, Calcasieu Parish, Louisiana, and being
mone [sic] particularly described as follows: Begin at a point
N45° 28′ 31″ E 123.3 feet from point ‘A’ as shown on plat
of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen
and Associates, Civil Engineers, Lake Charles, Louisiana,
dated August 7, 1973, and filed in Plat Book 23, at page 20,
Records of Calcasieu Parish, Louisiana; thence N45° 28′ 31″
E 175.0 feet; thence S44° 29′ 09″ E 220.0 feet; thence S45°
28′ 31″ W 175.0 feet; thence N44° 29′ 09″ W 220.0 feet to
the point of beginning, containing 0.8035 acres.’’.
SEC. 430. BARGE APL–60.
(a) IN GENERAL.—Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), section
8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and
section 12106 of title 46, United States Code, the Sec-
retary may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for the barge APL–60 (United States official num-
ber 376857).
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(b) LIMITATIONS.—The vessel described in sub-
section (a) may be employed in the coastwise trade only
for the purpose of participating in the ship disposal initia-
tive initially funded by the Department of Defense Appro-
priations Act, 1999, for the duration of that initiative.
(c) TERMINATION.—A coastwise endorsement issued
under subsection (a) shall terminate on the earlier of—
(1) the completion of the final coastwise trade
voyage associated with the ship disposal initiative
described in subsection (b); or
(2) the sale or transfer of the vessel described
in subsection (a) to an owner other than the owner
of the vessel as of October 1, 1998.
SEC. 431. VESSEL FINANCING FLEXIBILITY.
The Secretary of Transportation may guarantee obli-
gations under section 1103 of the Merchant Marine Act,
1936 (46 App. U.S.C.1273), for the vessels planned for
construction to be purchased by the American West
Steamboat Company and to be named QUEEN OF THE
YUKON, which will operate on the Yukon and Tanana
Rivers, and EMPRESS OF THE NORTH, which will op-
erate in Alaska, Washington, and Oregon. Notwithstand-
ing sections 509, 1103(c)), and 1104A(b) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1159, 1273(c), and
1274(b)), the Secretary of Transportation may guarantee
•HRES 602 ATH
obligations of 871⁄2 percent of the purchase price of such
vessels. Each obligation guaranteed under this section
may have a maturity date of 25 years from the date of
delivery of the vessel concerned.
SEC. 432. HYDROGRAPHIC FUNCTIONS.
(a) EFFECTIVE DATE.—Subsections (b) and (c) shall
take effect immediately after the later of—
(1) the enactment of the Hydrographic Services
Improvement Act of 1998; or
(2) the enactment of this Act.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
306 of the Hydrographic Services Improvement Act of
1998 is amended to read as follows:
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the Ad-
ministrator the following:
‘‘(1) To carry out nautical mapping and chart-
ing functions under the Act of 1947 and sections
303 and 304, except for conducting hydrographic
surveys, 
$33,000,000 
for 
fiscal 
year 
1999,
$34,000,000 for fiscal year 2000, and $35,000,000
for fiscal year 2001.
‘‘(2) To conduct hydrographic surveys under
section 303(a)(1), including the leasing of ships,
$33,000,000 for fiscal year 1999, $35,000,000 for
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fiscal year 2000, and $37,000,000 for fiscal year
2001. Of these amounts, no more than $16,000,000
is authorized for any one fiscal year to operate hy-
drographic survey vessels owned and operated by the
Administration.
‘‘(3) To carry out geodetic functions under the
Act of 1947, $25,000,000 for fiscal year 1999,
$30,000,000 for fiscal year 2000, and $30,000,000
for fiscal year 2001.
‘‘(4) To carry out tide and current measure-
ment functions under the Act of 1947, $22,500,000
for each of fiscal years 1999 through 2001. Of these
amounts $4,500,000 is authorized for each fiscal
year to implement and operate a national quality
control system for real-time tide and current and
maintain the national tide network, and $7,000,000
is authorized for each fiscal year to design and in-
stall real-time tide and current data measurement
systems under section 303(b)(4).’’.
(c) REPEAL OF REPORT REQUIREMENTS.—Section
305 of the Hydrographic Services Improvement Act of
1998 is amended by striking subsections (a) and (d).
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TITLE 
V—ADMINISTRATIVE
PROCESS 
FOR 
JONES 
ACT
WAIVERS
SEC. 501. FINDINGS.
The Congress finds that—
(1) current coastwise trade laws provide no ad-
ministrative authority to waive the United-States-
built requirement of those laws for the limited car-
riage of passengers for hire on vessels built or re-
built outside the United States;
(2) requests for such waivers require the enact-
ment of legislation by the Congress;
(3) each Congress routinely approves numerous
such requests for waiver and rarely rejects any such
request; and
(4) the review and approval of such waiver re-
quests is a ministerial function which properly
should be executed by an administrative agency with
appropriate expertise.
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE
LAWS.
Notwithstanding sections 12106 and 12108 of title
46, United States Code, section 8 of the Act of June 19,
1886 (46 U.S.C. App. 289), and section 27 of the Mer-
chant Marine Act, 1920 (46 U.S.C. App. 883), the Sec-
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retary of Transportation may issue a certificate of docu-
mentation with appropriate endorsement for employment
in the coastwise trade as a small passenger vessel or an
uninspected passenger vessel for an eligible vessel author-
ized to carry no more than 12 passengers for hire if the
Secretary, after notice and an opportunity for public com-
ment, determines that the employment of the vessel in the
coastwise trade will not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any person
who employs vessels built in the United States in
that business.
SEC. 503. REVOCATION.
The Secretary may revoke an endorsement issued
under section 502, after notice and an opportunity for
public comment, if the Secretary determines that the em-
ployment of the vessel in the coastwise trade has substan-
tially changed since the issuance of the endorsement,
and—
(1) the vessel is employed other than as a small
passenger vessel or an uninspected passenger vessel;
or
(2) the employment of the vessel adversely af-
fects—
(A) United States vessel builders; or
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(B) the coastwise trade business of any
person who employs vessels built in the United
States.
SEC. 504. DEFINITIONS.
In this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(2) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ means a vessel that—
(A) was not built in the United States and
is at least 3 years of age; or
(B) if rebuilt, was rebuilt outside the
United States at least 3 years before the certifi-
cation requested under section 502, if granted,
would take effect.
(3) SMALL PASSENGER VESSEL; UNINSPECTED
PASSENGER
VESSEL; PASSENGER
FOR
HIRE.—The
terms ‘‘small passenger vessel’’, ‘‘uninspected pas-
senger vessel’’, and ‘‘passenger for hire’’ have the
meaning given such terms by section 2101 of title
46, United States Code.
SEC. 505. SUNSET.
(a) IN GENERAL.—Subject to subsection (b), this
title (other than this section) shall have no force or effect
on or after September 30, 2002.
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(b) ENDORSEMENTS CONTINUE.—Any certificate or
endorsement issued under section 502 before the date re-
ferred to in subsection (a) of this section shall continue
in effect until otherwise invalidated or revoked under
chapter 121 of title 46, United States Code.
TITLE VI—HARMFUL ALGAL
BLOOMS AND HYPOXIA
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Harmful Algal Bloom
and Hypoxia Research and Control Act of 1998’’.
SEC. 602. FINDINGS.
The Congress finds that—
(1) the recent outbreak of the harmful microbe
Pfiesteria piscicida in the coastal waters of the
United States is one example of potentially harmful
algal blooms composed of naturally occurring species
that reproduce explosively and that are increasing in
frequency and intensity in the Nation’s coastal wa-
ters;
(2) other recent occurrences of harmful algal
blooms include red tides in the Gulf of Mexico and
the Southeast; brown tides in New York and Texas;
ciguatera fish poisoning in Hawaii, Florida, Puerto
Rico, and the United States Virgin Islands; and
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shellfish poisonings in the Gulf of Maine, the Pacific
Northwest, and the Gulf of Alaska;
(3) in certain cases, harmful algal blooms have
resulted in fish kills, the deaths of numerous endan-
gered West Indian manatees, beach and shellfish bed
closures, threats to public health and safety, and
concern among the public about the safety of sea-
food;
(4) according to some scientists, the factors
causing or contributing to harmful algal blooms may
include excessive nutrients in coastal waters, other
forms of pollution, the transfer of harmful species
through ship ballast water, and ocean currents;
(5) harmful algal blooms may have been respon-
sible for an estimated $1,000,000,000 in economic
losses during the past decade;
(6) harmful algal blooms and blooms of non-
toxic algal species may lead to other damaging ma-
rine conditions such as hypoxia (reduced oxygen con-
centrations), which are harmful or fatal to fish,
shellfish, and benthic organisms;
(7) according to the National Oceanic and At-
mospheric Administration in the Department of
Commerce, 53 percent of United States estuaries ex-
perience hypoxia for at least part of the year and a
•HRES 602 ATH
7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia;
(8) according to some scientists, a factor be-
lieved to cause hypoxia is excessive nutrient loading
into coastal waters;
(9) there is a need to identify more workable
and effective actions to reduce nutrient loadings to
coastal waters;
(10) the National Oceanic and Atmospheric Ad-
ministration, through its ongoing research, edu-
cation, grant, and coastal resource management pro-
grams, possesses a full range of capabilities nec-
essary to support a near and long-term comprehen-
sive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related pro-
grams of the National Oceanic and Atmospheric Ad-
ministration will aid in improving the Nation’s un-
derstanding and capabilities for addressing the
human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Envi-
ronmental Protection Agency, the Department of
Agriculture, and the National Science Foundation,
along with the States, Indian tribes, and local gov-
•HRES 602 ATH
ernments, conduct important work related to the
prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) ESTABLISHMENT
OF
INTER-AGENCY
TASK
FORCE.—The President, through the Committee on Envi-
ronment and Natural Resources of the National Science
and Technology Council, shall establish an Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia (here-
inafter referred to as the ‘‘Task Force’’). The Task Force
shall consist of the following representatives from—
(1) the Department of Commerce (who shall
serve as Chairman of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human
Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Admin-
istration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Pol-
icy;
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(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the Presi-
dent considers appropriate.
(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—
(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in coopera-
tion with the coastal States, Indian tribes, and local
governments, industry (including agricultural organi-
zations), academic institutions, and non-govern-
mental organizations with expertise in coastal zone
management, shall complete and submit to the Con-
gress an assessment which examines the ecological
and economic consequences of harmful algal blooms,
alternatives for reducing, mitigating, and controlling
harmful algal blooms, and the social and economic
costs and benefits of such alternatives.
(2) The assessment shall—
(A) identify alternatives for preventing un-
necessary duplication of effort among Federal
agencies and departments with respect to harm-
ful algal blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management, mitiga-
•HRES 602 ATH
tion, and control of harmful algal blooms and
their environmental and public health impacts.
(c) ASSESSMENT OF HYPOXIA.—
(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in coopera-
tion with the States, Indian tribes, local govern-
ments, industry, agricultural, academic institutions,
and non-governmental organizations with expertise
in watershed and coastal zone management, shall
complete and submit to the Congress an assessment
which examines the ecological and economic con-
sequences of hypoxia in United States coastal wa-
ters, alternatives for reducing, mitigating, and con-
trolling hypoxia, and the social and economic costs
and benefits of such alternatives.
(2) The assessment shall—
(A) establish needs, priorities, and guide-
lines for a peer-reviewed, inter-agency research
program on the causes, characteristics, and im-
pacts of hypoxia;
(B) identify alternatives for preventing un-
necessary duplication of effort among Federal
agencies and departments with respect to hy-
poxia; and
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(C) provide for Federal cooperation and
coordination with and assistance to the States,
Indian tribes, and local governments in the pre-
vention, reduction, management, mitigation,
and control of hypoxia and its environmental
impacts.
(e) DISESTABLISHMENT
OF
TASK
FORCE.—The
President may disestablish the Task Force after submis-
sion of the plan in section 604(d).
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) ASSESSMENT REPORT.—Not later than May 30,
1999, the Task Force shall complete and submit to Con-
gress and the President an integrated assessment of hy-
poxia in the northern Gulf of Mexico that examines: the
distribution, dynamics, and causes; ecological and eco-
nomic consequences; sources and loads of nutrients trans-
ported by the Mississippi River to the Gulf of Mexico; ef-
fects of reducing nutrient loads; methods for reducing nu-
trient loads; and the social and economic costs and bene-
fits of such methods.
(b) SUBMISSION OF A PLAN.—No later than March
30, 2000, the President, in conjunction with the chief ex-
ecutive officers of the States, shall develop and submit to
Congress a plan, based on the integrated assessment sub-
mitted under subsection (a), for reducing, mitigating, and
100
•HRES 602 ATH
controlling hypoxia in the northern Gulf of Mexico. In de-
veloping such plan, the President shall consult with State,
Indian tribe, and local governments, academic, agricul-
tural, industry, and environmental groups and representa-
tives. Such plan shall include incentive-based partnership
approaches. The plan shall also include the social and eco-
nomic costs and benefits of the measures for reducing,
mitigating, and controlling hypoxia. At least 90 days be-
fore the President submits such plan to the Congress, a
summary of the proposed plan shall be published in the
Federal Register for a public comment period of not less
than 60 days.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Commerce for research, education, and monitor-
ing activities related to the prevention, reduction, and con-
trol of harmful algal blooms and hypoxia, $15,000,000 for
fiscal year 1999, $18,250,000 for fiscal year 2000, and
$19,000,000 for fiscal year 2001, to remain available until
expended. The Secretary shall consult with the States on
a regular basis regarding the development and implemen-
tation of the activities authorized under this section. Of
such amounts for each fiscal year—
(1) $1,500,000 for fiscal year 1999, $1,500,000
for fiscal year 2000, and $2,000,000 for fiscal year
101
•HRES 602 ATH
2001 may be used to enable the National Oceanic
and Atmospheric Administration to carry out re-
search and assessment activities, including procure-
ment of necessary research equipment, at research
laboratories of the National Ocean Service and the
National Marine Fisheries Service;
(2) $4,000,000 for fiscal year 1999, $5,500,000
for fiscal year 2000, and $5,500,000 for fiscal year
2001 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms (ECOHAB)
project under the Coastal Ocean Program estab-
lished under section 201(c) of Public Law 102–567;
(3) $1,000,000 for fiscal year 1999, $2,000,000
for fiscal year 2000, and $2,000,000 for fiscal year
2001 may be used by the National Ocean Service of
the National Oceanic and Atmospheric Administra-
tion to carry out a peer-reviewed research project on
management measures that can be taken to prevent,
reduce, control, and mitigate harmful algal blooms;
(4) $5,500,000 for each of the fiscal years
1999, 2000, and 2001 may be used to carry out
Federal and State annual monitoring and analysis
activities for harmful algal blooms administered by
the National Ocean Service of the National Oceanic
and Atmospheric Administration; and
102
•HRES 602 ATH
(5) $3,000,000 for fiscal year 1999, $3,750,000
for fiscal year 2000, and $4,000,000 for fiscal year
2001 may be used for activities related to research
and monitoring on hypoxia by the National Ocean
Service and the Office of Oceanic and Atmospheric
Research of the National Oceanic and Atmospheric
Administration.
SEC. 606. PROTECTION OF STATES’ RIGHTS.
(a) Nothing in this title shall be interpreted to ad-
versely affect existing State regulatory or enforcement
power which has been granted to any State through the
Clean Water Act or Coastal Zone Management Act of
1972.
(b) Nothing in this title shall be interpreted to expand
the regulatory or enforcement power of the Federal Gov-
ernment which has been delegated to any State through
the Clean Water Act or Coastal Zone Management Act
of 1972.
Æ