•HRES 602 EH
SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST
GUARD VESSELS.
(a) IN GENERAL.—The Commandant of the Coast
Guard may convey all right, title, and interest of the
United States in and to each of 2 decommissioned ‘‘White
Class’’ 133-foot Coast Guard vessels to Canvasback Mis-
sion, Inc. (a nonprofit corporation under the laws of the
State of Oregon; in this section referred to as ‘‘the recipi-
ent’’), without consideration, if—
(1) the recipient agrees—
(A) to use the vessel for purposes of pro-
viding medical services to Central and South
Pacific island nations;
(B) not to use the vessel for commercial
transportation purposes except those incident to
the provisions of those medical services;
(C) to make the vessel available to the
United States Government if needed for use by
the Commandant in times of war or a national
emergency; and
(D) to hold the Government harmless for
any claims arising from exposure to hazardous
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls (PCBs), after conveyance
of the vessel, except for claims arising from the
use by the Government under paragraph (1)(C);
•HRES 602 EH
(2) the recipient has funds available that will be
committed to operate and maintain each vessel con-
veyed in good working condition, in the form of
cash, liquid assets, or a written loan commitment,
and in the amount of at least $400,000 per vessel;
and
(3) the recipient agrees to any other conditions
the Commandant considers appropriate.
(b) MAINTENANCE AND DELIVERY OF VESSELS.—
Prior to conveyance of a vessel under this section, the
Commandant shall, to the extent practical, and subject to
other Coast Guard mission requirements, make every ef-
fort to maintain the integrity of the vessel and its equip-
ment until the time of delivery. If a conveyance is made
under this section, the Commandant shall deliver the ves-
sel at the place where the vessel is located, in its present
condition, and without cost to the Government. The con-
veyance of the vessel under this section shall not be consid-
ered a distribution in commerce for purposes of section
6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) OTHER EXCESS EQUIPMENT.—The Commandant
may convey to the recipient of a vessel under this section
any excess equipment or parts from other decommissioned
Coast Guard vessels for use to enhance the vessel’s oper-
•HRES 602 EH
ability and function as a medical services vessel in Central
and South Pacific Islands.
SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S
RED OAK VICTORY.
Section 1008(d)(1) of the Coast Guard Authorization
Act of 1996 is amended by striking ‘‘2 years’’ and insert-
ing ‘‘3 years’’.
SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO
SECRETARY OF THE INTERIOR.
The Administrator of the General Services Adminis-
tration shall transfer administrative jurisdiction over the
Federal property consisting of approximately 2 acres,
known as the Ocracoke Light Station, to the Secretary
of the Interior, subject to such reservations, terms, and
conditions as may be necessary for Coast Guard purposes.
All property so transferred shall be included in and admin-
istered as part of the Cape Hatteras National Seashore.
SEC. 421. VESSEL DOCUMENTATION CLARIFICATION.
Section 12102(a)(4) of title 46, United States Code,
and section 2(a) of the Shipping Act, 1916 (46 U.S.C.
App. 802(a)) are each amended by—
(1) striking ‘‘president or other’’; and
(2) inserting a comma and ‘‘by whatever title,’’
after ‘‘chief executive officer’’.
•HRES 602 EH
SEC. 422. DREDGE CLARIFICATION.
Section 5209(b) of the Oceans Act of 1992 (46
U.S.C. 2101 note) is amended by adding at the end there-
of the following:
‘‘(3) A vessel—
‘‘(A) configured, outfitted, and operated
primarily for dredging operations; and
‘‘(B) engaged in dredging operations which
transfers fuel to other vessels engaged in the
same dredging operations without charge.’’.
SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.
Section 4115(e) of the Oil Pollution Act of 1990 (46
U.S. Code 3703a note) is amended by adding at the end
thereof the following:
‘‘(3)(A) The Secretary of Transportation shall
coordinate with the Marine Board of the National
Research Council to conduct the necessary research
and development of a rationally based equivalency
assessment approach, which accounts for the overall
environmental performance of alternative tank vessel
designs. Notwithstanding the Coast Guard opinion
of the application of sections 101 and 311 of the
Clean Water Act (33 U.S.C. 1251 and 1321), the
intent of this study is to establish an equivalency
evaluation procedure that maintains a high standard
•HRES 602 EH
of environmental protection, while encouraging inno-
vative ship design. The study shall include:
‘‘(i) development of a generalized cost spill
data base, which includes all relevant costs such
as clean-up costs and environmental impact
costs as a function of spill size;
‘‘(ii) refinement of the probability density
functions used to establish the extent of vessel
damage, based on the latest available historical
damage statistics, and current research on the
crash worthiness of tank vessel structures;
‘‘(iii) development of a rationally based ap-
proach for calculating an environmental index,
to assess overall outflow performance due to
collisions and groundings; and
‘‘(iv) application of the proposed index to
double hull tank vessels and alternative designs
currently under consideration.
‘‘(B) A Marine Board committee shall be estab-
lished not later that 2 months after the date of en-
actment of the Coast Guard Authorization Act of
1998. The Secretary of Transportation shall submit
to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on
Transportation and Infrastructure in the House of
•HRES 602 EH
Representatives a report on the results of the study
not later than 12 months after the date of enact-
ment of the Coast Guard Authorization Act of 1998.
‘‘(C) Of the amounts authorized by section
1012(a)(5)(A) of this Act, $500,000 is authorized to
carry out the activities under subparagraphs (A) and
(B) of this paragraph.’’.
SEC. 424. VESSEL SHARING AGREEMENTS.
(a) Section 5 of the Shipping Act of 1984 (46 U.S.C.
App. 1704) is amended by adding at the end thereof the
following:
‘‘(g) VESSEL SHARING AGREEMENTS.—An ocean
common carrier that is the owner, operator, or bareboat,
time, or slot charterer of a United States-flag liner vessel
documented pursuant to sections 12102(a) or (d) of title
46, United States Code, is authorized to agree with an
ocean common carrier that is not the owner, operator or
bareboat charterer for at least one year of United States-
flag liner vessels which are eligible to be included in the
Maritime Security Fleet Program and are enrolled in an
Emergency Preparedness Program pursuant to subtitle B
of title VI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1187 et seq.), to which it charters or subcharters
the United States-flag vessel or space on the United
States-flag vessel that such charterer or subcharterer may
•HRES 602 EH
not use or make available space on the vessel for the car-
riage of cargo reserved by law for United States-flag ves-
sels.’’.
(b) Section 10(c)(6) of the Shipping Act of 1984 (46
U.S.C. App. 1709(c)(6)) is amended by inserting ‘‘author-
ized by section 5(g) of this Act, or as’’ before ‘‘otherwise’’.
(c) Nothing in this section shall affect or in any way
diminish the authority or effectiveness of orders issued by
the Maritime Administration pursuant to sections 9 and
41 of the Shipping Act, 1916 (46 U.S.C. App. 808 and
839).
(d) Section 3(6)(B) of the Shipping Act of 1984 (46
U.S.C. App. 1702(6)(B)) is amended by striking ‘‘parcel-
tanker.’’ and inserting ‘‘parcel-tanker or by vessel when
primarily engaged in the carriage of perishable agricul-
tural commodities (i) if the common carrier and the owner
of those commodities are wholly-owned, directly or indi-
rectly, by a person primarily engaged in the marketing and
distribution of those commodities and (ii) only with re-
spect to the carriage of those commodities.’’.
SEC. 425. REPORTS.
(a) SWATH TECHNOLOGY.—The Commandant of
the Coast Guard shall, within 18 months after the date
of enactment of this Act, report to the Senate Committee
on Commerce, Science, and Transportation and the House
•HRES 602 EH
Committee on Transportation and Infrastructure on the
applicability of Small Waterplane Area Twin Hull
(SWATH) technology, including concepts developed by the
United States Office of Naval Research, to the design of
Coast Guard vessels.
(b) MARINE GUIDANCE SYSTEMS.—The Secretary of
Transportation shall, within 12 months after the date of
the enactment of this Act, evaluate and report to the Con-
gress on the suitability of marine sector laser lighting, cold
cathode lighting, and ultraviolet enhanced vision tech-
nologies for use in guiding marine vessels and traffic.
SEC. 426. REPORT ON TONNAGE CALCULATION METHODOL-
OGY.
The Administrator of the Panama Canal Commission
shall, within 90 days of the date of enactment of this Act,
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report detailing the methodology employed in the
calculation of the charge of tolls for the carriage of on-
deck containers and the justification thereof.
SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSELS.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other law, the Secretary of Transportation (referred to in
•HRES 602 EH
this section as ‘‘the Secretary’’) may convey all right, title,
and interest of the Federal Government in and to either
or both of the vessels S.S. AMERICAN VICTORY
(United States official number 248005) and S.S. HAT-
TIESBURG VICTORY (United States official number
248651) to The Victory Ship, Inc., located in Tampa,
Florida (in this section referred to as the ‘‘recipient’’), and
the recipient may use each vessel conveyed only as a me-
morial to the Victory class of ships.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY
OF
VESSEL.—In carrying out
subsection (a), the Secretary shall deliver a vessel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless—
(A) the recipient agrees to hold the Gov-
ernment harmless for any claims arising from
exposure to hazardous material, including as-
bestos and polychlorinated biphenyls, after con-
veyance of the vessel, except for claims arising
before the date of the conveyance or from use
•HRES 602 EH
of the vessel by the Government after that date;
and
(B) the recipient has available, for use to
restore the vessel, in the form of cash, liquid as-
sets, or a written loan commitment, financial
resources of at least $100,000.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient of any vessel conveyed under
this section any unneeded equipment from other vessels
in the National Defense Reserve Fleet, for use to restore
the vessel conveyed under this section to museum quality.
SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL, JOHN HENRY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other law, the Secretary of Transportation (in this section
referred to as ‘‘the Secretary’’) may convey all right, title,
and interest of the United States Government in and to
the vessel JOHN HENRY (United States official number
599294) to a purchaser for use in humanitarian relief ef-
forts, including the provision of water and humanitarian
goods to developing nations.
•HRES 602 EH
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY
OF
VESSEL.—In carrying out
subsection (a), the Secretary shall deliver the ves-
sel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date;
(C) at no cost to the United States Gov-
ernment; and
(D) only after the vessel has been redesig-
nated as not militarily useful.
(2) REQUIRED
CONDITIONS.—The Secretary
may not convey a vessel under this section unless—
(A) competitive procedures are used for
sales under this section;
(B) the vessel is sold for not less than the
fair market value of the vessel in the United
States, as determined by the Secretary of
Transportation;
(C) the recipient agrees that the vessel
shall not be used for commercial transportation
purposes or for the carriage of cargoes reserved
to United States flag commercial vessels under
section 901(b) and 901f of the Merchant Ma-
•HRES 602 EH
rine Act, 1936 (46 U.S.C. App. 1241(b) and
1241f);
(D) the recipient agrees to hold the Gov-
ernment harmless for any claims arising from
exposure to hazardous material, including as-
bestos and polychlorinated biphenyls, after the
conveyance of the vessel, except for claims aris-
ing before the date of the conveyance or from
use of the vessel by the Government after that
date; and
(E) the recipient provides sufficient evi-
dence to the Secretary that it has financial re-
sources in the form of cash, liquid assets, or a
written loan commitment of at least $100,000.
(F) the recipient agrees to make the vessel
available to the Government if the Secretary re-
quires use of the vessel by the Government for
war or national emergency.
(G) the recipient agrees to document the
vessel under chapter 121 of title 46, United
States Code.
(3) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
•HRES 602 EH
(c) PROCEEDS.—Any amounts received by the United
States as proceeds from the sale of the M/V JOHN
HENRY shall be deposited in the Vessel Operations Re-
volving Fund established by the Act of June 2, 1951
(chapter 121; 46 U.S.C. App. 1241a) and shall be avail-
able and expended in accordance with section 6(a) of the
National Maritime Heritage Act (16 U.S.C. App.
5405(a)).
SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RE-
STRICTIONS AND ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commis-
sion Authorization Act of 1990 (Public Law 101–595; 104
Stat. 2988) is amended—
(1) by striking ‘‘3 contiguous tracts’’ and in-
serting ‘‘4 tracts’’; and
(2) by striking ‘‘Tract A’’ and all that follows
through the end of the paragraph and inserting the
following:
‘‘Tract 1—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50
feet to the point of commencement and containing 11,000
square feet (0.2525 acres).
•HRES 602 EH
‘‘Tract 2—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 169.3 feet; thence S45° 28′ 31″ W 75 feet;
(Deed Call S45° 30′ 51″ W 75 feet), thence N44° 29′ 09″ W
169.3 feet; thence N45° 28′ 31″ E 75 feet to the point of com-
mencement and containing 12,697 square feet (0.2915 acres).
‘‘Tract 3—Commencing at a point N45° 28′ 31″ E 248.3 feet from point ‘A’
as shown on plat of survey of ‘Boundary Agreement of CAFB’
by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish, Louisiana; thence
S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50
feet to the point of commencement and containing 11,000
square feet (0.2525 acres).
‘‘Tract 4—Commencing at a point N45° 28′ 31″ E 123.3 feet and S44° 29′
09″ E 169.3 feet from point ‘A’ as shown on plat of survey
of ‘Boundary Agreement of CAFB’ by D.W. Jessen and Asso-
ciates, Civil Engineers, Lake Charles, Louisiana, dated August
7, 1973, and filed in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44° 29′ 09″ E 50.7 feet;
thence N45° 28′ 31″ E 75 feet; thence N44° 29′ 09″ W 50.7
feet; thence S45° 28′ 31″ W 75 feet (Deed Call S45° 30′ 51″
W 75 feet) to the point of commencement and containing
3,802 square feet (0.0873 acres).
‘‘Composite Description—A tract of land lying in section 2, Township 10
South—Range 8 West, Calcasieu Parish, Louisiana, and being
mone [sic] particularly described as follows: Begin at a point
N45° 28′ 31″ E 123.3 feet from point ‘A’ as shown on plat
of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen
and Associates, Civil Engineers, Lake Charles, Louisiana,
dated August 7, 1973, and filed in Plat Book 23, at page 20,
Records of Calcasieu Parish, Louisiana; thence N45° 28′ 31″
E 175.0 feet; thence S44° 29′ 09″ E 220.0 feet; thence S45°
28′ 31″ W 175.0 feet; thence N44° 29′ 09″ W 220.0 feet to
the point of beginning, containing 0.8035 acres.’’.
SEC. 430. BARGE APL–60.
(a) IN GENERAL.—Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), section
8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and
section 12106 of title 46, United States Code, the Sec-
retary may issue a certificate of documentation with ap-
•HRES 602 EH
propriate endorsement for employment in the coastwise
trade for the barge APL–60 (United States official num-
ber 376857).
(b) LIMITATIONS.—The vessel described in sub-
section (a) may be employed in the coastwise trade only
for the purpose of participating in the ship disposal initia-
tive initially funded by the Department of Defense Appro-
priations Act, 1999, for the duration of that initiative.
(c) TERMINATION.—A coastwise endorsement issued
under subsection (a) shall terminate on the earlier of—
(1) the completion of the final coastwise trade
voyage associated with the ship disposal initiative
described in subsection (b); or
(2) the sale or transfer of the vessel described
in subsection (a) to an owner other than the owner
of the vessel as of October 1, 1998.
SEC. 431. VESSEL FINANCING FLEXIBILITY.
The Secretary of Transportation may guarantee obli-
gations under section 1103 of the Merchant Marine Act,
1936 (46 App. U.S.C.1273), for the vessels planned for
construction to be purchased by the American West
Steamboat Company and to be named QUEEN OF THE
YUKON, which will operate on the Yukon and Tanana
Rivers, and EMPRESS OF THE NORTH, which will op-
erate in Alaska, Washington, and Oregon. Notwithstand-
•HRES 602 EH
ing sections 509, 1103(c)), and 1104A(b) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1159, 1273(c), and
1274(b)), the Secretary of Transportation may guarantee
obligations of 871⁄2 percent of the purchase price of such
vessels. Each obligation guaranteed under this section
may have a maturity date of 25 years from the date of
delivery of the vessel concerned.
SEC. 432. HYDROGRAPHIC FUNCTIONS.
(a) EFFECTIVE DATE.—Subsections (b) and (c) shall
take effect immediately after the later of—
(1) the enactment of the Hydrographic Services
Improvement Act of 1998; or
(2) the enactment of this Act.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
306 of the Hydrographic Services Improvement Act of
1998 is amended to read as follows:
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the Ad-
ministrator the following:
‘‘(1) To carry out nautical mapping and chart-
ing functions under the Act of 1947 and sections
303 and 304, except for conducting hydrographic
surveys, 
$33,000,000 
for 
fiscal 
year 
1999,
$34,000,000 for fiscal year 2000, and $35,000,000
for fiscal year 2001.
•HRES 602 EH
‘‘(2) To conduct hydrographic surveys under
section 303(a)(1), including the leasing of ships,
$33,000,000 for fiscal year 1999, $35,000,000 for
fiscal year 2000, and $37,000,000 for fiscal year
2001. Of these amounts, no more than $16,000,000
is authorized for any one fiscal year to operate hy-
drographic survey vessels owned and operated by the
Administration.
‘‘(3) To carry out geodetic functions under the
Act of 1947, $25,000,000 for fiscal year 1999,
$30,000,000 for fiscal year 2000, and $30,000,000
for fiscal year 2001.
‘‘(4) To carry out tide and current measure-
ment functions under the Act of 1947, $22,500,000
for each of fiscal years 1999 through 2001. Of these
amounts $4,500,000 is authorized for each fiscal
year to implement and operate a national quality
control system for real-time tide and current and
maintain the national tide network, and $7,000,000
is authorized for each fiscal year to design and in-
stall real-time tide and current data measurement
systems under section 303(b)(4).’’.
(c) REPEAL OF REPORT REQUIREMENTS.—Section
305 of the Hydrographic Services Improvement Act of
1998 is amended by striking subsections (a) and (d).
•HRES 602 EH
TITLE 
V—ADMINISTRATIVE
PROCESS 
FOR 
JONES 
ACT
WAIVERS
SEC. 501. FINDINGS.
The Congress finds that—
(1) current coastwise trade laws provide no ad-
ministrative authority to waive the United-States-
built requirement of those laws for the limited car-
riage of passengers for hire on vessels built or re-
built outside the United States;
(2) requests for such waivers require the enact-
ment of legislation by the Congress;
(3) each Congress routinely approves numerous
such requests for waiver and rarely rejects any such
request; and
(4) the review and approval of such waiver re-
quests is a ministerial function which properly
should be executed by an administrative agency with
appropriate expertise.
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE
LAWS.
Notwithstanding sections 12106 and 12108 of title
46, United States Code, section 8 of the Act of June 19,
1886 (46 U.S.C. App. 289), and section 27 of the Mer-
chant Marine Act, 1920 (46 U.S.C. App. 883), the Sec-
•HRES 602 EH
retary of Transportation may issue a certificate of docu-
mentation with appropriate endorsement for employment
in the coastwise trade as a small passenger vessel or an
uninspected passenger vessel for an eligible vessel author-
ized to carry no more than 12 passengers for hire if the
Secretary, after notice and an opportunity for public com-
ment, determines that the employment of the vessel in the
coastwise trade will not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any person
who employs vessels built in the United States in
that business.
SEC. 503. REVOCATION.
The Secretary may revoke an endorsement issued
under section 502, after notice and an opportunity for
public comment, if the Secretary determines that the em-
ployment of the vessel in the coastwise trade has substan-
tially changed since the issuance of the endorsement,
and—
(1) the vessel is employed other than as a small
passenger vessel or an uninspected passenger vessel;
or
(2) the employment of the vessel adversely af-
fects—
(A) United States vessel builders; or
•HRES 602 EH
(B) the coastwise trade business of any
person who employs vessels built in the United
States.
SEC. 504. DEFINITIONS.
In this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(2) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ means a vessel that—
(A) was not built in the United States and
is at least 3 years of age; or
(B) if rebuilt, was rebuilt outside the
United States at least 3 years before the certifi-
cation requested under section 502, if granted,
would take effect.
(3) SMALL PASSENGER VESSEL; UNINSPECTED
PASSENGER
VESSEL; PASSENGER
FOR
HIRE.—The
terms ‘‘small passenger vessel’’, ‘‘uninspected pas-
senger vessel’’, and ‘‘passenger for hire’’ have the
meaning given such terms by section 2101 of title
46, United States Code.
SEC. 505. SUNSET.
(a) IN GENERAL.—Subject to subsection (b), this
title (other than this section) shall have no force or effect
on or after September 30, 2002.
•HRES 602 EH
(b) ENDORSEMENTS CONTINUE.—Any certificate or
endorsement issued under section 502 before the date re-
ferred to in subsection (a) of this section shall continue
in effect until otherwise invalidated or revoked under
chapter 121 of title 46, United States Code.
TITLE VI—HARMFUL ALGAL
BLOOMS AND HYPOXIA
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Harmful Algal Bloom
and Hypoxia Research and Control Act of 1998’’.
SEC. 602. FINDINGS.
The Congress finds that—
(1) the recent outbreak of the harmful microbe
Pfiesteria piscicida in the coastal waters of the
United States is one example of potentially harmful
algal blooms composed of naturally occurring species
that reproduce explosively and that are increasing in
frequency and intensity in the Nation’s coastal wa-
ters;
(2) other recent occurrences of harmful algal
blooms include red tides in the Gulf of Mexico and
the Southeast; brown tides in New York and Texas;
ciguatera fish poisoning in Hawaii, Florida, Puerto
Rico, and the United States Virgin Islands; and
•HRES 602 EH
shellfish poisonings in the Gulf of Maine, the Pacific
Northwest, and the Gulf of Alaska;
(3) in certain cases, harmful algal blooms have
resulted in fish kills, the deaths of numerous endan-
gered West Indian manatees, beach and shellfish bed
closures, threats to public health and safety, and
concern among the public about the safety of sea-
food;
(4) according to some scientists, the factors
causing or contributing to harmful algal blooms may
include excessive nutrients in coastal waters, other
forms of pollution, the transfer of harmful species
through ship ballast water, and ocean currents;
(5) harmful algal blooms may have been respon-
sible for an estimated $1,000,000,000 in economic
losses during the past decade;
(6) harmful algal blooms and blooms of non-
toxic algal species may lead to other damaging ma-
rine conditions such as hypoxia (reduced oxygen con-
centrations), which are harmful or fatal to fish,
shellfish, and benthic organisms;
(7) according to the National Oceanic and At-
mospheric Administration in the Department of
Commerce, 53 percent of United States estuaries ex-
perience hypoxia for at least part of the year and a
•HRES 602 EH
7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia;
(8) according to some scientists, a factor be-
lieved to cause hypoxia is excessive nutrient loading
into coastal waters;
(9) there is a need to identify more workable
and effective actions to reduce nutrient loadings to
coastal waters;
(10) the National Oceanic and Atmospheric Ad-
ministration, through its ongoing research, edu-
cation, grant, and coastal resource management pro-
grams, possesses a full range of capabilities nec-
essary to support a near and long-term comprehen-
sive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related pro-
grams of the National Oceanic and Atmospheric Ad-
ministration will aid in improving the Nation’s un-
derstanding and capabilities for addressing the
human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Envi-
ronmental Protection Agency, the Department of
Agriculture, and the National Science Foundation,
along with the States, Indian tribes, and local gov-
•HRES 602 EH
ernments, conduct important work related to the
prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) ESTABLISHMENT
OF
INTER-AGENCY
TASK
FORCE.—The President, through the Committee on Envi-
ronment and Natural Resources of the National Science
and Technology Council, shall establish an Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia (here-
inafter referred to as the ‘‘Task Force’’). The Task Force
shall consist of the following representatives from—
(1) the Department of Commerce (who shall
serve as Chairman of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human
Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Admin-
istration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Pol-
icy;
•HRES 602 EH
(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the Presi-
dent considers appropriate.
(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—
(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in coopera-
tion with the coastal States, Indian tribes, and local
governments, industry (including agricultural organi-
zations), academic institutions, and non-govern-
mental organizations with expertise in coastal zone
management, shall complete and submit to the Con-
gress an assessment which examines the ecological
and economic consequences of harmful algal blooms,
alternatives for reducing, mitigating, and controlling
harmful algal blooms, and the social and economic
costs and benefits of such alternatives.
(2) The assessment shall—
(A) identify alternatives for preventing un-
necessary duplication of effort among Federal
agencies and departments with respect to harm-
ful algal blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management, mitiga-
•HRES 602 EH
tion, and control of harmful algal blooms and
their environmental and public health impacts.
(c) ASSESSMENT OF HYPOXIA.—
(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in coopera-
tion with the States, Indian tribes, local govern-
ments, industry, agricultural, academic institutions,
and non-governmental organizations with expertise
in watershed and coastal zone management, shall
complete and submit to the Congress an assessment
which examines the ecological and economic con-
sequences of hypoxia in United States coastal wa-
ters, alternatives for reducing, mitigating, and con-
trolling hypoxia, and the social and economic costs
and benefits of such alternatives.
(2) The assessment shall—
(A) establish needs, priorities, and guide-
lines for a peer-reviewed, inter-agency research
program on the causes, characteristics, and im-
pacts of hypoxia;
(B) identify alternatives for preventing un-
necessary duplication of effort among Federal
agencies and departments with respect to hy-
poxia; and
•HRES 602 EH
(C) provide for Federal cooperation and
coordination with and assistance to the States,
Indian tribes, and local governments in the pre-
vention, reduction, management, mitigation,
and control of hypoxia and its environmental
impacts.
(e) DISESTABLISHMENT
OF
TASK
FORCE.—The
President may disestablish the Task Force after submis-
sion of the plan in section 604(d).
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) ASSESSMENT REPORT.—Not later than May 30,
1999, the Task Force shall complete and submit to Con-
gress and the President an integrated assessment of hy-
poxia in the northern Gulf of Mexico that examines: the
distribution, dynamics, and causes; ecological and eco-
nomic consequences; sources and loads of nutrients trans-
ported by the Mississippi River to the Gulf of Mexico; ef-
fects of reducing nutrient loads; methods for reducing nu-
trient loads; and the social and economic costs and bene-
fits of such methods.
(b) SUBMISSION OF A PLAN.—No later than March
30, 2000, the President, in conjunction with the chief ex-
ecutive officers of the States, shall develop and submit to
Congress a plan, based on the integrated assessment sub-
mitted under subsection (a), for reducing, mitigating, and
•HRES 602 EH
controlling hypoxia in the northern Gulf of Mexico. In de-
veloping such plan, the President shall consult with State,
Indian tribe, and local governments, academic, agricul-
tural, industry, and environmental groups and representa-
tives. Such plan shall include incentive-based partnership
approaches. The plan shall also include the social and eco-
nomic costs and benefits of the measures for reducing,
mitigating, and controlling hypoxia. At least 90 days be-
fore the President submits such plan to the Congress, a
summary of the proposed plan shall be published in the
Federal Register for a public comment period of not less
than 60 days.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Commerce for research, education, and monitor-
ing activities related to the prevention, reduction, and con-
trol of harmful algal blooms and hypoxia, $15,000,000 for
fiscal year 1999, $18,250,000 for fiscal year 2000, and
$19,000,000 for fiscal year 2001, to remain available until
expended. The Secretary shall consult with the States on
a regular basis regarding the development and implemen-
tation of the activities authorized under this section. Of
such amounts for each fiscal year—
(1) $1,500,000 for fiscal year 1999, $1,500,000
for fiscal year 2000, and $2,000,000 for fiscal year
100
•HRES 602 EH
2001 may be used to enable the National Oceanic
and Atmospheric Administration to carry out re-
search and assessment activities, including procure-
ment of necessary research equipment, at research
laboratories of the National Ocean Service and the
National Marine Fisheries Service;
(2) $4,000,000 for fiscal year 1999, $5,500,000
for fiscal year 2000, and $5,500,000 for fiscal year
2001 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms (ECOHAB)
project under the Coastal Ocean Program estab-
lished under section 201(c) of Public Law 102–567;
(3) $1,000,000 for fiscal year 1999, $2,000,000
for fiscal year 2000, and $2,000,000 for fiscal year
2001 may be used by the National Ocean Service of
the National Oceanic and Atmospheric Administra-
tion to carry out a peer-reviewed research project on
management measures that can be taken to prevent,
reduce, control, and mitigate harmful algal blooms;
(4) $5,500,000 for each of the fiscal years
1999, 2000, and 2001 may be used to carry out
Federal and State annual monitoring and analysis
activities for harmful algal blooms administered by
the National Ocean Service of the National Oceanic
and Atmospheric Administration; and
101
•HRES 602 EH
(5) $3,000,000 for fiscal year 1999, $3,750,000
for fiscal year 2000, and $4,000,000 for fiscal year
2001 may be used for activities related to research
and monitoring on hypoxia by the National Ocean
Service and the Office of Oceanic and Atmospheric
Research of the National Oceanic and Atmospheric
Administration.
SEC. 606. PROTECTION OF STATES’ RIGHTS.
(a) Nothing in this title shall be interpreted to ad-
versely affect existing State regulatory or enforcement
power which has been granted to any State through the
Clean Water Act or Coastal Zone Management Act of
1972.
(b) Nothing in this title shall be interpreted to expand
the regulatory or enforcement power of the Federal Gov-
ernment which has been delegated to any State through
the Clean Water Act or Coastal Zone Management Act
of 1972.
Attest:
Clerk.