Presidential Proclamation 5928 of December 27,
1988)’’ after ‘‘of the United States’’.
(5) In section 4502(a)(7), by striking ‘‘on vessels
that operate on the high seas’’ and inserting ‘‘beyond
3 nautical miles from the baseline from which the ter-
ritorial sea of the United States is measured’’.
(6) In section 4506(b), by striking paragraph (2)
and inserting the following:
‘‘(2) is operating—
‘‘(A) in internal waters of the United
States, or
‘‘(B) within 3 nautical miles from the base-
line from which the territorial sea of the United
States is measured.’’.
(7) In section 8502(a)(3), by striking ‘‘not on the
high seas’’ and inserting: ‘‘not beyond 3 nautical
miles from the baseline from which the territorial sea
of the United States is measured’’.
(8) In section 8503(a), by striking paragraph (2)
and inserting the following:
‘‘(2) is operating—
‘‘(A) in internal waters of the United
States, or
‘‘(B) within 3 nautical miles from the base-
line from which the territorial sea of the United
States is measured.’’.
SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE
OPERATION OF A VESSEL.
(a) IN GENERAL.—Section 2302 of title 46, United
States Code, is amended—
(1) by amending the section heading to read as
follows:
‘‘§ 2302. Penalties for negligent operations and inter-
fering with safe operation’’;
and
(2) in subsection (a) by striking ‘‘that endan-
gers’’ and inserting ‘‘or interfering with the safe oper-
ation 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.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.
Title 46, United States Code, is amended—
(1) in section 12102(a), by striking ‘‘or is not ti-
tled in a State’’;
(2) in section 12301, by adding at the end the
following:
‘‘(c) A documented vessel shall not be titled or required
to display numbers under this chapter by a State, and any
certificate of title issued by a State for a documented vessel
shall be surrendered in accordance with regulations pre-
scribed by the Secretary.
‘‘(d) The Secretary may approve the surrender under
subsection (c) of a certificate of title covered by a preferred
mortgage under section 31322(d) of this title only if the
mortgagee consents.’’;
(3) in section 31322—
(A) by amending subsection (b) to read as
follows:
‘‘(b) Any indebtedness secured by a preferred mortgage
that is filed or recorded under this chapter, or that is subject
to a mortgage or instrument 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.’’; and
(B) in subsection (d), by amending para-
graph (3) to read as follows:
‘‘(3) A preferred mortgage under this subsection con-
tinues to be a preferred mortgage even if the vessel is no
longer titled in the State where the mortgage or instrument
granting a security interest became a preferred mortgage
under this subsection.’’; and
(4) in section 31325—
(A) in subsection (b)(1), by inserting ‘‘a
vessel titled in a State,’’ after ‘‘a vessel to be doc-
umented under chapter 121 of this title,’’;
(B) in subsection (b)(3), by inserting ‘‘a
vessel titled in a State,’’ after ‘‘a vessel for which
an application for documentation is filed under
chapter 121 of this title,’’; and
(C) in subsection (c), by inserting ‘‘a vessel
titled in a State,’’ after ‘‘a vessel to be docu-
mented under chapter 121 of this title,’’.
SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAIN-
ING FACILITY, JACKSONVILLE, FLORIDA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) the land and improvements thereto compris-
ing the Coast Guard Reserve training facility in
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 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 sub-
section.
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.
(a) GENERAL WAIVER.—Notwithstanding section 27 of
the Merchant Marine Act, 1920 (46 App. U.S.C. 883), sec-
tion 8 of the Act of June 19, 1886 (46 App. U.S.C. 289),
and sections 12106 and 12108 of title 46, United States
Code, the Secretary of Transportation may issue a certifi-
cate of documentation with appropriate endorsement for
each of the following vessels:
(1) SEAGULL (United States official number
1038605).
(2) BAREFOOT CONTESA (United States offi-
cial 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 number
668179).
(11) SAMAKEE (State of New York registration
number NY 4108 FK).
(12) NAWNSENSE (United States official num-
ber 977593).
(b) OWNERSHIP OF VESSEL PHILADELPHIA.—Not-
withstanding section 2 of the Shipping Act, 1916 (46 App.
U.S.C. 802, 803) and section 12102(a)(4) of title 46, United
States Code, the parent corporation of the corporation hold-
ing title to the vessel PHILADELPHIA (United States offi-
cial number 654192) on May 3, 1995, is deemed on that
date and thereafter to be a citizen of the United States for
purposes of owning corporations whose vessels are eligible
for documentation under chapter 121 of title 46, United
States Code, with a coastwise endorsement, if—
(1) the chief executive officer of the parent cor-
poration is a citizen of the United States;
(2) the chairman of the board of directors of the
parent corporation is a citizen of the United States,
and the number of its directors who are noncitizens
does not exceed a minority of the number necessary
to constitute a quorum;
(3) the parent corporation meets the stock owner-
ship requirements of section 2 of the Shipping Act,
1916, for operating a vessel in the coastwise trade;
(4) the corporation holding title is otherwise eli-
gible to own a vessel operated in the coastwise trade;
and
(5) the vessel is otherwise eligible to be operated
in the coastwise trade.
(c) SUNMAR SKY.—Section 1120(g) of the Coast
Guard Authorization Act of 1996 (Public Law 104–324;
110 Stat. 3978) is amended by inserting ‘‘SUNMAR SKY
(United States official number 683227),’’ after ‘‘vessels’’.
SEC. 404. CONVEYANCE OF COAST GUARD FACILITY IN
NAHANT, MASSACHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
veyance, all right, title, and interest of the United
States in and to the property comprising United
States Coast Guard Recreation Facility Nahant, Mas-
sachusetts, to the town of Nahant, Massachusetts.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed under this section.
(b) TERMS
AND CONDITIONS.—Any conveyance of
property under this section shall be made—
(1) without payment of consideration; and
(2) subject to the terms and conditions the Sec-
retary considers appropriate.
SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.
Notwithstanding any other provision of law, the
liftbridge over the back channel of the Schuylkill River in
Philadelphia, Pennsylvania, is deemed to unreasonably ob-
struct navigation for purposes of the Act entitled ‘‘An Act
to provide for the alteration of certain bridges over navi-
gable waters of the United States, for the apportionment
of the cost of such alterations between the United States and
the owners of such bridges, and for other purposes’’, ap-
proved June 21, 1940 (chapter 409; 33 U.S.C. 511–523),
popularly known as the ‘‘Hobbs Bridge Act’’ and the ‘‘Tru-
man-Hobbs Bridge Act’’.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RE-
SPONSE VESSELS.
Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(2)) is amended by inserting ‘‘including a
vessel responding to a discharge of substantial threat of a
discharge of oil,’’ after ‘‘vessel,’’.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO
JACKSONVILLE 
UNIVERSITY 
IN 
JACKSON-
VILLE, FLORIDA.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey to Jacksonville University, located
in Jacksonville, Florida, without consideration, all
right, title, and interest of the United States in and
to the property comprising the Long Branch Rear
Range Light, Jacksonville, Florida.
(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 Com-
mandant 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 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 cargoes sponsored
by the United States Government if—
‘‘(A) the vessel has been detained by the Sec-
retary for violation of an international safety conven-
tion to which the United States is a party, and the
Secretary has published notice of that detention in an
electronic form, including the name of the owner of
the vessel; or
‘‘(B) the owner of the vessel has had more than
one vessel detained by the Secretary for violation of
an international safety convention to which the Unit-
ed States is a party, and the Secretary has published
notice of that detention in an electronic form, includ-
ing the name of the owner of the vessel.
‘‘(2) The prohibition in paragraph (1) expires for a
vessel 1 year after the date of the publication in electronic
form on which the prohibition is based.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) takes effect January 1, 1998.
SEC. 409. COAST GUARD CITY, USA.
The community of Grand Haven, Michigan, shall be
recognized as ‘‘Coast Guard City, USA’’.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOS-
TON MARSHFIELD RECEIVER SITE, MASSA-
CHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
veyance, all right, title, and interest of the United
States in and to the Coast Guard Communication
Station Boston Marshfield Receiver Site, Massachu-
setts, to the Town of Marshfield, Massachusetts.
(2) LIMITATION.—The Secretary shall not 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
Secretary may identify, describe, and determine the
property to be conveyed to the Town under this sec-
tion.
(B) The Secretary shall determine the exact acre-
age and legal description of the property to be con-
veyed under this section by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by
the Town.
(b) TERMS
AND CONDITIONS.—Any conveyance of
property under this section shall be made—
(1) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) The Secretary may reserve utility, ac-
cess, 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 as-
signs shall, at their own cost and expense, main-
tain the property conveyed under this section in
a proper, substantial, and workmanlike manner
as necessary to ensure the operation, mainte-
nance, and protection of the communications
tower and the microwave building facility.
(C) Any other terms and conditions the Sec-
retary considers appropriate to protect the inter-
ests of the United States.
Union Calendar No. 133
105TH CONGRESS
1ST SESSION
H. R. 2204
[Report No. 105–236]
A BILL
To authorize appropriations for fiscal years 1998
and 1999 for the Coast Guard, and for other
purposes.
JULY 31, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed