H. R. 2204
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To authorize appropriations for fiscal years 1998 and 1999 for the Coast Guard,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authorization 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 funerals.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Law enforcement authority for special agents of the Coast Guard
Investigative 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.
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Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University in
Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver Site,
Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill prevention and
response activities.
Sec. 412. 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, Michigan.
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.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary 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 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 $408,000,000 shall be available
for expenses related to drug interdiction.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto—
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(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 complete the concep-
tual design for a replacement 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 interdiction.
(3) For research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relating to
improving the performance of the Coast Guard’s mission in
support of search and rescue, aids to navigation, marine safety,
marine environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and defense
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 purposes of section 1012(a)(5) of the
Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman’s Family Protection
and Survivor Benefit 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 naviga-
tion, and for personnel and administrative costs associated
with the Bridge Alteration 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 restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $26,000,000 for each of fiscal
years 1998 and 1999, to remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized
an end-of-year strength for active duty personnel 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 student 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.
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(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 civilian
institutions—
(A) for fiscal year 1998, 283 student years; and
(B) for fiscal year 1999, 283 student years.
(4) For officer acquisition—
(A) for fiscal year 1998, 814 student years; and
(B) for fiscal year 1999, 810 student years.
SEC. 103. LORAN-C.
(a) FISCAL YEAR 1999.—There are authorized to be appropriated
to the Department of Transportation, in addition to the funds
authorized for the Coast Guard for operation of the LORAN-C
System, for capital expenses related to LORAN-C navigation infra-
structure, $10,000,000 for fiscal year 1999. The Secretary of
Transportation may transfer from the Federal Aviation Administra-
tion and other agencies of the department funds appropriated as
authorized under this section in order to reimburse the Coast Guard
for related expenses.
(b) COST-SHARING PLAN.—Not later than 6 months after the
date of the 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 Transpor-
tation 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.
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 Secretary determines
that the conditions under which the officer is discharged or sepa-
rated 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 amended—
(1) by striking ‘‘and’’ after the semicolon at the end of
paragraph (u);
(2) by striking the period at the end of paragraph (v)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(w) provide for the honorary recognition of individuals
and organizations that significantly contribute to Coast Guard
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programs, missions, or operations, 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 COMMERCIAL VEHICLES
AT MILITARY FUNERALS.
Section 93 of title 14, United States Code, as amended 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 paragraph (w)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(x) rent or lease, under such terms and conditions as
are considered by the Secretary to be advisable, commercial
vehicles to transport the next of kin of eligible retired Coast
Guard military personnel to attend funeral services of the serv-
ice member at a national cemetery.’’.
SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, 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 Defense provides such economic adjustment assist-
ance 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 Defense.
SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF
THE COAST GUARD INVESTIGATIVE SERVICE.
(a) AUTHORITY.—Section 95 of title 14, United States Code,
is amended to read as follows:
‘‘§ 95. Special agents of the Coast Guard Investigative
Service law enforcement authority
‘‘(a)(1) A special agent of the Coast Guard Investigative Service
designated under subsection (b) has the following 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 exigent circumstances.
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‘‘(b) The Commandant may designate to have the authority
provided under subsection (a) any special agent of the Coast Guard
Investigative Service whose duties include conducting, supervising,
or coordinating investigation of criminal activity in programs and
operations of the United States Coast Guard.
‘‘(c) The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Commandant
and approved by the Attorney General and any other applicable
guidelines prescribed by the Secretary of Transportation or the
Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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
authority.’’.
SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.
Not later than 9 months after the date of the enactment of
this Act, the Administrator of the General Services Administration
and the Commandant of the Coast Guard shall submit to the
Congress a report on the current procedures used to dispose of
excess Coast Guard property and provide recommendations to
improve such procedures. The recommendations shall take into
consideration measures that would—
(1) improve the efficiency of such procedures;
(2) improve notification of excess property decisions to and
enhance the participation in the property disposal decision-
making process of the States, local communities, and appro-
priate non-profit organizations;
(3) facilitate the expeditious transfer of excess property
for recreation, historic preservation, education, transportation,
or other uses that benefit the general public; and
(4) ensure that the interests of Federal taxpayers are
protected.
SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.
Section 2110 of title 46, United States Code, is amended by
adding at the end the following:
‘‘(k) The Secretary may not plan, implement or finalize any
regulation that would promulgate any new maritime user fee which
was not implemented and collected prior to January 1, 1998, includ-
ing 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 the enactment
of this Act, the Commandant of the Coast Guard shall submit
to Congress a report on the use of the Coast Guard’s aids to
navigation system. The report shall include an analysis of the
respective use of the aids to navigation 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 allowed,
the report shall include information regarding degree of use of
the various portions of the system.
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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’ includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation No. 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
(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 Proclamation No. 5928 of December 27, 1988.’’.
(2) Section 2301 of that title is amended by inserting
‘‘(including the territorial sea of the United States as described
in Presidential Proclamation No. 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 No. 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 ‘‘beyond 3 nautical miles
from the baselines from which 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 following:
‘‘(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.’’.
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:
H. R. 2204—8
‘‘§ 2302. Penalties for negligent operations and interfering
with safe operation’’;
and
(2) in subsection (a) by striking ‘‘that endangers’’ and
inserting ‘‘or interfering with the safe operation 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 Pilotage
Advisory Committee. The Committee—
‘‘(1) may review proposed Great Lakes pilotage regulations
and policies and make recommendations to the Secretary that
the Committee considers appropriate;
‘‘(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 recommendations
that the Committee makes to the Secretary; 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 seven members appointed
by the Secretary in accordance with this subsection, each of whom
has at least 5 years practical experience 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 include—
‘‘(A) three members who are practicing Great Lakes pilots
and who reflect a regional balance;
‘‘(B) one member representing the interests of vessel opera-
tors that contract for Great Lakes pilotage services;
‘‘(C) one member representing the interests of Great Lakes
ports;
‘‘(D) one member representing the interests of shippers
whose cargoes are transported through Great Lakes ports; and
‘‘(E) one member representing the interests of the general
public, who is an independent expert on the Great Lakes mari-
time industry.
‘‘(c)(1) The Committee shall elect one of its members as the
Chairman and one of its members as the Vice Chairman. The
Vice Chairman shall act as Chairman in the absence or incapacity
of the Chairman, or in the event of a vacancy in the office of
the Chairman.
H. R. 2204—9
‘‘(2) The Secretary shall, and any other interested agency may,
designate a representative to participate as an observer with the
Committee. The representatives shall, as appropriate, report to
and advise the Committee on matters relating to Great Lakes
pilotage. The Secretary’s designated representative shall act as
the executive secretary of the Committee and shall perform the
duties set forth in section 10(c) of the Federal Advisory Committee
Act (5 U.S.C. App.).
‘‘(d)(1) The Secretary shall, whenever practicable, consult with
the Committee before taking any significant action relating to Great
Lakes pilotage.
‘‘(2) The Secretary shall consider the information, advice, and
recommendations of the Committee in formulating policy regarding
matters affecting Great Lakes pilotage.
‘‘(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 Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS–18 of the General Schedule under section
5332 of title 5 including travel time; and
‘‘(B) travel or transportation expenses under section 5703
of title 5, United States Code.
‘‘(2) A member of the Committee shall not be considered to
be an officer or employee of the United States for any purpose
based on their receipt of any payment under this subsection.
‘‘(f )(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee terminates
on September 30, 2003.
‘‘(2) 2 years before the termination date set forth in paragraph
(1) of this subsection, the Committee shall submit to the Congress
its recommendation regarding whether 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 following: ‘‘The testing may
include preemployment (with respect to dangerous drugs only),
periodic, random, and reasonable cause testing, and shall include
post-accident testing.’’.
(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 following:
‘‘§2303a. Post serious marine casualty alcohol testing
‘‘(a) The Secretary shall establish procedures to ensure 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 vessel or vessels involved in such
H. R. 2204—10
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 conducted as soon thereafter
as the safety concerns in subsection (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 section 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 period and ‘‘This
subsection does not require the release of information described
by section 552(b) of title 5 or protected from disclosure by another
law of the United States.’’.
SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.
(a) REPORT ON IMPLEMENTATION AND ENFORCEMENT 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 implementation of the
International Safety Management Code (hereafter referred
to in this section as ‘Code’);
(B) detailing enforcement actions involving the Code,
including the role documents and reports produced pursu-
ant 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 marine safety and environ-
mental protection through the Code;
(D) identifying actions to achieve full compliance with
and effective implementation of the Code; and
(E) evaluating the effectiveness of internal reporting
and auditing under the Code, and recommending 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 the enact-
ment 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
H. R. 2204—11
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 of documents produced
pursuant to the Code, or other incentives to ensure accurate
and candid 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 implement one or more ele-
ments 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 amended 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 listed or designated as a hazardous sub-
stance 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 the
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 Environmental Protection Agency
of the substances to be classified 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 Administration, shall, in con-
sultation 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, efficient, secure, and
environmentally sound manner.
(b) TASK FORCE.—
(1) The task force shall be chaired by the Secretary of
Transportation or his designee and may be comprised of the
representatives of interested Federal agencies and departments
and such other nonfederal entities as the Secretary deems
appropriate.
(2) The provisions of the Federal Advisory Committee Act
shall not apply to the task force.
(c) ASSESSMENT.—
H. R. 2204—12
(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 development, 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 Govern-
ment to accommodate projected increases in foreign and
domestic traffic over the next 20 years;
(B) consult with senior public and private sector
officials, including the users of that system, such as ports,
commercial carriers, shippers, labor, recreational boaters,
fishermen, and environmental organizations;
(C) sponsor public and private sector activities to
further refine and implement (under existing authority)
the strategies, recommendations, and plan for action;
(D) evaluate the capability to dispose of dredged
materials that will be produced to accommodate 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 RECREATIONAL
VESSELS.
The Secretary of Transportation, through the Coast Guard and
in consultation with the National Transportation Safety Board and
recreational boating organizations, shall, within 24 months of the
date of the enactment of this Act, assess and report to Congress
on the use of emergency position indicating beacons (EPIRBs) and
similar devices by operators of recreational vessels on the Intra-
coastal Waterway and operators of recreational vessels 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 recreational vessels
and the actual and potential contribution of such devices to
recreational boating safety; and
(2) provide recommendations on policies and programs to
encourage the availability and use of EPIRBS and similar
devices by the operators of recreational vessels.
SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.
Not later than 9 months after the date of the 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 Infrastructure 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 distress or request for assistance from such
waters;
H. R. 2204—13
(2) providing options for ensuring that all waters of the
area referred to in paragraph (1) can be served by a Coast
Guard search and rescue helicopter within 2 hours of a report
of distress or request 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) within 2 hours of a report of
distress or request for assistance 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.
(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 jurisdiction 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 December 31, 1998,
the Secretary shall promulgate regulations for towing ves-
sel and barge safety for the waters of the Northeast.
(B) INCORPORATION OF RECOMMENDATIONS.—
(i) IN GENERAL.—Except as provided in clause (ii),
the regulations promulgated under this paragraph
shall give full consideration to each of the recommenda-
tions for regulations contained in the report entitled
‘‘Regional Risk Assessment of Petroleum Transpor-
tation 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 detailed explanation if
any recommendation is not adopted.
(ii) EXCLUDED
RECOMMENDATIONS.—The regula-
tions promulgated under this paragraph shall not
incorporate any recommendation referred to in clause
(i) that relates to anchoring or barge retrieval systems.
(2) ANCHORING AND BARGE RETRIEVAL SYSTEMS.—
(A) IN GENERAL.—Not later than November 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 report referred to
in paragraph (1)(B)(i) relating to anchoring and barge
retrieval systems, and the Secretary shall provide a
detailed explanation if any recommendation is not adopted.
H. R. 2204—14
(B) RULE OF CONSTRUCTION.—Nothing in subparagraph
(A) prevents the Secretary from promulgating interim final
regulations that apply throughout the United States relat-
ing to anchoring and barge retrieval systems that contain
requirements that are as stringent as the requirements
of the regulations promulgated under subparagraph (A).
SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RESCUE
CAPABILITY.
The Secretary of Transportation is authorized to take appro-
priate actions to ensure the establishment and operation by the
Coast Guard of a helicopter air rescue capability that—
(1) is located at Gabreski Airport, Westhampton, New York;
and
(2) provides air rescue capability from that location 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 adding at the end
of the following:
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation
with the International Maritime Organization, is authorized to
implement and enforce two mandatory ship reporting systems,
consistent with international law, with respect to vessels subject
to such reporting systems entering the following areas of the Atlan-
tic 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 within about
25 nm along a 90 nm stretch of the Atlantic seaboard (in an
area generally extending from the shoreline 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—
(1) by striking ‘‘or is not titled in a State’’ in section
12102(a); and
(2) by adding at the end 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 documented vessel shall be surren-
dered in accordance with regulations prescribed by the Secretary
of Transportation.
H. R. 2204—15
‘‘(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 analysis for chap-
ter 121 of title 46, United States Code, is amended by adding
at the end 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 mortgage that
is filed or recorded under this chapter, or that is subject to a
mortgage, security agreement, or instruments granting a security
interest that is deemed to be a preferred mortgage under subsection
(d) of this section, may have any rate of interest to which the
parties agree.’’;
(2) by striking ‘‘mortgage or instrument’’ each place it
appears in section 31322(d)(1) and inserting ‘‘mortgage, security
agreement, or instrument’’;
(3) by striking section 31322(d)(3) and inserting the
following:
‘‘(3) A preferred mortgage under this subsection continues
to be a preferred mortgage even if the vessel is no longer
titled in the State where the mortgage, security agreement,
or instrument granting a security interest 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 documented 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 application for docu-
mentation is filed under chapter 121 of this title,’’; and
(7) by inserting ‘‘a vessel titled in a State,’’ in section
31325(c) after ‘‘a vessel to be documented under chapter 121
of this title,’’.
SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING
FACILITY, JACKSONVILLE, FLORIDA.
(a) IN GENERAL.—Notwithstanding any other provision of law—
(1) the land and improvements thereto comprising the
Coast Guard Reserve training facility in Jacksonville, Florida,
is deemed to be surplus property; 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 market value.
(b) RIGHT OF FIRST REFUSAL.—Before a sale is made under
subsection (a) to any other person, the Commandant of the Coast
Guard shall give to the city of Jacksonville, Florida, the right
of first refusal to purchase all or any part of the property required
to be sold under that subsection.
H. R. 2204—16
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.
(a) GENERAL
WAIVER.—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 sections 12106
and 12108 of title 46, United States Code, the Secretary of Transpor-
tation may issue a certificate of documentation with appropriate
endorsement for each of the following vessels:
(1) SEAGULL (United States official number 1038605).
(2) BAREFOOT CONTESA (United States official number
285410).
(3) PRECIOUS METAL (United States official number
596316).
(4) BLUE HAWAII (State of Florida registration number
FL0466KC).
(5) SOUTHERN STAR (United States official number
650774).
(6) KEEWAYDIN (United States official number 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 NIAGARA QUEEN,
Canadian registration number 318746).
(10) MAR Y PAZ (United States official number 668179).
(11) SAMAKEE (State of New York registration number
NY 4108 FK).
(12) NAWNSENSE (United States official number 977593).
(13) 
ELMO 
(State 
of 
Florida 
registration 
number
FL5337BG).
(14) 
MANA-WANUI 
(United 
States 
official 
number
286657).
(15) OLD JOE (formerly TEMPTRESS; United States offi-
cial number 991150).
(16) M/V BAHAMA PRIDE (United States official number
588647).
(17) WINDWISP (United States official number 571621).
(18) SOUTHLAND (United States official number 639705).
(19) FJORDING (United States official number 594363).
(20) M/V SAND ISLAND (United States official number
542918).
(21) PACIFIC MONARCH (United States official number
557467).
(22) FLAME (United States official number 279363).
(23) DULARGE (United States official number 653762).
(24) DUSKEN IV (United States official number 952645).
(25) SUMMER BREEZE (United States official number
552808).
(26) ARCELLA (United States official number 1025983).
(27) BILLIE-B-II (United States official number 982069).
(28) VESTERHAVET (United States official number
979206).
(29) BETTY JANE (State of Virginia registration number
VA 7271 P).
(30) VORTICE, Bari, Italy, registration number 256.
(31) The barge G. L. 8 (Canadian official number 814376).
(32) YESTERDAYS DREAM (United States official number
680266).
H. R. 2204—18
is amended by inserting ‘‘COASTAL TRADER (United States official
number 683227),’’ after ‘‘vessels’’.
(d) NINA, PINTA, AND SANTA MARIA REPLICAS.—
(1) IN GENERAL.—Notwithstanding section 27 of the Mer-
chant 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 certificate of documentation with appropriate endorsement
for employment in the coastwise trade only for the purpose
of carrying passengers for hire for each of the vessels listed
in paragraph (2).
(2) VESSEL DESCRIPTIONS.—The vessels referred to in para-
graph (1) are the following:
(A) NINA (United States Coast Guard vessel identifica-
tion number CG034346).
(B) PINTA (United States Coast Guard vessel identi-
fication number CG034345).
(C) NAO SANTA MARIA (United States Coast Guard
vessel identification number CG034344).
(e) DOCUMENTATION OF VESSEL COLUMBUS.—
(1) IN GENERAL.—Notwithstanding section 27 of the Mer-
chant Marine Act, 1920 (46 U.S.C. App. 883), sections 12102
and 12106 of title 46, United States Code, and the endorsement
limitation in section 5501(a)(2)(B) of Public Law 102–587, and
subject to paragraph (2), the Secretary of Transportation may
issue a certificate of documentation with appropriate endorse-
ment for employment in the coastwise trade for the vessel
COLUMBUS (United States official number 590658).
(2) LIMITATION.—Coastwise trade referred to in paragraph
(1) may not include the transportation of dredged material
from a project in which the stated intent of the Corps of
Engineers, in its Construction Solicitation, or of another
contracting entity, is that the dredged material is—
(A) to be deposited above mean high tide for the pur-
pose 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 documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel FOILCAT (United States official number
1063892). The endorsement shall provide that the vessel shall
operate under the certificate of documentation only within the
State of Hawaii and that the vessel shall not operate on any
route served by a passenger ferry as of the date the Secretary
of Transportation issues a certificate of documentation under
this Act.
H. R. 2204—19
(2) TERMINATION.—The endorsement issued under para-
graph (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 demonstra-
tion project sponsored by the State of Hawaii; and
(B) ending on the last day of the 36th month beginning
after the date on which it became effective under subpara-
graph (A).
SEC. 
404. 
CONVEYANCE 
OF 
NAHANT 
PARCEL, 
ESSEX 
COUNTY,
MASSACHUSETTS.
(a) 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 United States
Coast Guard Recreation Facility Nahant, Massachusetts, to the
Town of Nahant (the ‘‘Town’’) unless the Commandant, or his dele-
gate, in his sole discretion determines that the conveyance would
not provide a public benefit.
(b) IDENTIFICATION OF PROPERTY.—The Commandant may iden-
tify, describe, and determine the property 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 Com-
mandant may consider appropriate to protect the interests of
the United States, including the reservation 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 sub-
section (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 security purposes.
SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.
Notwithstanding any other provision of law, the liftbridge over
the back channel of the Schuylkill River in Philadelphia, Pennsyl-
vania, is deemed to unreasonably obstruct navigation.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE
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
H. R. 2204—20
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.’’.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSON-
VILLE UNIVERSITY IN JACKSONVILLE, FLORIDA.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transportation may con-
vey 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 Secretary may iden-
tify, 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 immediately revert to the
United States if the property, or any part thereof, ceases to
be used by Jacksonville University.
SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY
CONVENTION.
(a) IN GENERAL.—Section 2302 of title 46, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e)(1) A vessel may not transport Government-impelled
cargoes if—
‘‘(A) the vessel has been detained and determined to be
substandard by the Secretary for violation of an international
safety convention to which the United States is a party, and
the Secretary has published notice of that detention and deter-
mination 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 occa-
sion had a vessel detained and determined to be substandard
by the Secretary for violation of an international safety conven-
tion to which the United States is a party, and the Secretary
has published notice of that detention 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
‘‘(B) any date on which the owner or operator of the vessel
prevails in an appeal of the violation of the relevant inter-
national convention on which the detention is based.
‘‘(3) As used in this subsection, the term ‘Government-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,
H. R. 2204—21
loan, or loan guarantee, 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 recognize 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.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOSTON
MARSHFIELD RECEIVER SITE, MASSACHUSETTS.
(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 Communication Station Boston Marshfield Receiver Site,
Massachusetts, to the Town of Marshfield, Massachusetts (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 situated the communications
tower and the microwave building facility of that station.
(3) IDENTIFICATION OF PROPERTY.—
(A) The Commandant may identify, describe and deter-
mine the property to be conveyed to the Town under this
section.
(B) The Commandant shall determine the exact acre-
age and legal description of the property to be conveyed
under this section by a survey satisfactory to the Com-
mandant. The cost of the survey shall be borne by the
Town.
(b) TERMS AND CONDITIONS.—Any conveyance of property under
this section shall be made—
(1) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) The Commandant may reserve utility, access, and
any other appropriate easements on the property conveyed
for the purpose of operating, maintaining, and protecting
the communications tower and the microwave building
facility.
(B) The Town and its successors and assigns shall,
at their own cost and expense, maintain the property con-
veyed under this section in a proper, substantial, and
workmanlike manner as necessary to ensure the operation,
maintenance, and protection of the communications 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 behalf of the United States.
H. R. 2204—22
(c) REVERSIONARY INTEREST.—The conveyance of real property
pursuant to this section shall be subject to the condition that
all right, title, and interest in such property shall immediately
revert to the United States if—
(1) the property, or any part thereof, ceases to be owned
and used by the Town;
(2) the Town fails to maintain the property conveyed in
a manner consistent with the terms and conditions in sub-
section (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 security purposes.
SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN
OIL SPILL PREVENTION AND RESPONSE 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 minimize or mitigate
damage’’ and inserting ‘‘to prevent, minimize, or mitigate dam-
age’’;
(2) by striking ‘‘and’’ after the semicolon at the end of
subsection (a)(23), by striking the period at the end of sub-
section (a)(24) and inserting ‘‘; and’’, and by adding at the
end of subsection (a) the following:
‘‘(25) ‘removal costs’ means—
‘‘(A) the costs of removal of oil or a hazardous substance
that are incurred after it is discharged; and
‘‘(B) in any case in which there is a substantial threat
of a discharge of oil or a hazardous substance, the costs
to prevent, minimize, or mitigate that threat.’’; and
(3) in subsection (c)(4)(A), by striking the period at the
end and inserting the following: ‘‘relating to a discharge or
a substantial threat of a discharge of oil or a hazardous sub-
stance.’’.
(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.—
(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 fisheries or
oceanographic research.
(2) VESSEL DESCRIBED.—The vessel referred to in paragraph
(1) is the vessel TURMOIL (British official number 726767).
(b) PILOT PROGRAM.—
H. R. 2204—23
(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 chapter 145 of title 46, United
States Code, from the requirement 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 commercial service,
commercial fisheries, or oceanographic research; and
(C) the vessel does not engage in towing.
(2) EXPIRATION OF AUTHORITY.—The authority to grant the
exemptions under this subsection expires 2 years after the
date of the enactment of this Act. Any specific exemptions
granted under this subsection 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 improvements thereon, in Ocracoke, North Caro-
lina, consisting 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 easements or rights of
way in favor of the United States as the Secretary considers
to be appropriate for—
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on the property;
and
(D) the use of pier space on the property by search
and rescue assets.
(2) That the State maintain the property in a manner
so as to preserve the usefulness of the easements 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 immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall
be under the administrative jurisdiction of the Administrator of
General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property conveyed under subsection (a), and any
easements or rights of way granted under subsection (b)(1), shall
H. R. 2204—24
be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions with respect to the
conveyance under subsection (a), and any easements or rights of
way granted under subsection (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 ‘‘Secretary’’) shall promptly convey,
without consideration, to American Legion Post No. 3 in Sault
Sainte Marie, Michigan, 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 approxi-
mately 0.565 acres, together with any improvements thereon.
(b) CONDITION.—The conveyance under subsection (a) shall be
subject to the condition that the property be used as a clubhouse
for the American Legion Post No. 3.
(c) REVERSION.—(1) If the Secretary determines at any time
that the property conveyed under subsection (a) is not being used
in accordance with subsection (b), all right, title, and interest in
and to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall
be under the administrative jurisdiction of the Administrator of
General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property conveyed under subsection (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 conditions with respect to the
conveyance under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE
DISPOSAL.
(a) IN GENERAL.—
(1) Subject to subsection (b), the Secretary of Transpor-
tation shall continue to implement and enforce the United
States Coast Guard 1997 Enforcement Policy for Cargo Resi-
dues on the Great Lakes and revisions thereto that are made
in accordance with that Policy (hereafter in this section referred
to as the ‘‘Policy’’) for the purpose of regulating incidental
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 comply with
all terms and conditions of the Policy.
(b) EXPIRATION OF INTERIM AUTHORITY.—The Policy shall cease
to have effect on the date which is the earliest of—
H. R. 2204—25
(1) the effective date of regulations promulgated pursuant
to legislation enacted subsequent to the enactment of this Act
providing for the regulation of incidental discharges from ves-
sels of dry bulk cargo residue into the waters of the
Great Lakes under the jurisdiction of the United States is
enacted; or
(2) September 30, 2002.
SEC. 416. CONVEYANCE OF LIGHTHOUSES.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Commandant of the Coast Guard,
or the Administrator of the General Services Administration,
as appropriate, may convey, by an appropriate means of convey-
ance, 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 Historical 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 Society.
(F) Cape St. Elias Light Station, located in Alaska,
to the Cape St. Elias Light Keepers Association.
(G) Five Finger Light Station, located in Alaska, to
the Juneau Lighthouse Association.
(H) Point Retreat Light Station, located in Alaska,
to the Alaska Lighthouse Association.
(I) Hudson-Athens Lighthouse, located in New York,
to the Hudson-Athens Lighthouse Preservation Society.
(J) Georgetown Light, located in Georgetown County,
South Carolina, to the South Carolina Department of Natu-
ral Resources.
(K) Coast Guard Light Station Two Harbors, located
in Lake County, Minnesota, to the Lake County Historical
Society.
(2) IDENTIFICATION
OF
PROPERTY.—The Commandant or
Administrator, as appropriate, may identify, describe, and
determine the property to be conveyed under this subsection.
(3) EXCEPTION.—The Commandant or Administrator, as
appropriate, may not convey any historical 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 required by
this section and other terms and conditions the Com-
mandant or the Administrator, as appropriate, may con-
sider, including the reservation of easements and other
rights on behalf of the United States.
H. R. 2204—26
(2) REVERSIONARY INTEREST.—In addition to any term or
condition established under this section, the conveyance of prop-
erty 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 property—
(i) ceases to be used as a nonprofit center for
public benefit for the interpretation and preservation
of maritime history;
(ii) ceases to be maintained in a manner 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 manner consistent
with the conditions in paragraph (5) 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.); or
(B) at least 30 days before that reversion, the Com-
mandant or the Administrator, as appropriate, provides
written notice to the owner that the property is needed
for national security purposes.
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—The convey-
ance of property under this section shall be made subject to
the conditions that the Commandant or Administrator, as
appropriate, considers to be necessary to assure that—
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue 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 Administrator, as appropriate;
(C) there is reserved to the United States the right
to relocate, replace, or add any aid to navigation or make
any changes to the property conveyed as may be necessary
for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice 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 easement of access
to and across the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) OBLIGATION LIMITATION.—The owner of the property
is not required to maintain any active aid to navigation equip-
ment on the property, except private aids to navigation per-
mitted 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 appro-
priate, pursuant to the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.), and other applicable laws.
H. R. 2204—27
(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, antenna, sound signal, electronic naviga-
tion equipment, or other associated equipment which are oper-
ated 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 corporation 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 Veter-
ans’ Park Museum’’ means Dunkirk Historical Lighthouse and
Veterans’ Park Museum located in Dunkirk, New York, or,
if appropriate as determined by the Commandant, the Chautau-
qua County Armed Forces Memorial Park Corporation, New
York.
(5) LAKE COUNTY HISTORICAL SOCIETY.—The term ‘‘Lake
County Historical Society’’ means the Lake County Historical
Society (a nonprofit corporation established under the laws
of the State of Minnesota), its parent organization or subsidiary,
if any, and its successors and assigns.
(d) NOTIFICATION.—Not less than 1 year prior to reporting
to the General Services Administration that a lighthouse or light
station eligible for listing under the National 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 political
subdivision of that State, and any lighthouse, historic, 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 1002(a)(3) of that Act but no later than Decem-
ber 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 appropriate means of convey-
ance, all right, title, and interest of the United States in and
to approximately 29.4 acres of land, together with the improve-
ments thereon, at Coast Guard LORAN Station 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.—
H. R. 2204—28
(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 acre-
age and legal description of the property to be conveyed
under this section by a survey satisfactory to the Com-
mandant. The cost of the survey shall be borne by the
Town.
(b) TERMS OF CONVEYANCE.—
(1) IN GENERAL.—The conveyance of real property under
this section shall be made—
(A) without payment of consideration; and
(B) subject to the following terms and conditions:
(i) The Town shall not, upon the property conveyed,
allow, conduct, or permit any activity, or operate, allow,
or permit the operation of, any equipment or machin-
ery, that would interfere or cause interference, in any
manner, with any aid to navigation located upon prop-
erty retained by the United States at Coast Guard
LORAN Station Nantucket, without the express writ-
ten permission from the Commandant.
(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 Com-
mandant considers appropriate to protect the interests
of the United States, including the reservation of ease-
ments or other rights on behalf of the United States.
(2) REVERSIONARY INTEREST.—The conveyance of real prop-
erty pursuant to this section shall be subject to the condition
that all right, title, and interest in such property shall imme-
diately 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 property conveyed
in a manner consistent with the terms and conditions in
paragraph (1); or
(C) at least 30 days before such reversion, the Com-
mandant 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 Mission, Inc. (a nonprofit corporation under
the laws of the State of Oregon; in this section referred to as
‘‘the recipient’’), without consideration, if—
(1) the recipient agrees—
(A) to use the vessel for purposes of providing 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;
H. R. 2204—29
(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 polychlorinated 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 conveyed 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
(3) the recipient agrees to any other conditions the Com-
mandant considers appropriate.
(b) MAINTENANCE AND DELIVERY OF VESSELS.—Prior to convey-
ance of a vessel under this section, the Commandant shall, to
the extent practical, and subject to other Coast Guard mission
requirements, make every effort to maintain the integrity of the
vessel and its equipment until the time of delivery. If a conveyance
is made under this section, the Commandant shall deliver the
vessel at the place where the vessel is located, in its present
condition, and without cost to the Government. The conveyance
of the vessel under this section shall not be considered 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 operability 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 inserting ‘‘3 years’’.
SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY
OF THE INTERIOR.
The Administrator of the General Services Administration 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 pur-
poses. All property so transferred shall be included in and adminis-
tered 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 the following:
H. R. 2204—30
‘‘(3) A vessel—
‘‘(A) configured, outfitted, and operated primarily for
dredging operations; and
‘‘(B) engaged in dredging operations which transfers
fuel to other vessels engaged in the same dredging oper-
ations 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 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 ves-
sel 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 estab-
lish an equivalency evaluation procedure that maintains a high
standard of environmental protection, while encouraging
innovative 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;
‘‘(ii) refinement of the probability density functions
used to establish the extent of vessel damage, based on
the latest available historical damage statistics, and cur-
rent research on the crash worthiness of tank vessel struc-
tures;
‘‘(iii) development of a rationally based approach for
calculating an environmental index, to assess overall out-
flow 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 established not
later that 2 months after the date of the enactment of the
Coast Guard Authorization Act of 1998. The Secretary of
Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure in the House of Rep-
resentatives a report on the results of the study not later
than 12 months after the date of the enactment 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 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 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 1 year of United States-flag
liner vessels which are eligible to be included in the Maritime
H. R. 2204—40
(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal
year 2000, and $2,000,000 for fiscal year 2001 may be used
to enable the National Oceanic and Atmospheric Administration
to carry out research and assessment activities, including
procurement of necessary research equipment, at research lab-
oratories 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
established 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 Administration 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
(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 adversely 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 Government which
has been delegated to any State through the Clean Water Act
or Coastal Zone Management Act of 1972.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.