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(1) DELIVERY OF VESSEL.—In carrying out sub-
section (a), the Secretary shall deliver the 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 Govern-
ment harmless for any claims arising from expo-
sure to hazardous material, including asbestos
and polychlorinated biphenyls, after conveyance
of the vessel, except for claims arising before the
date of the conveyance or from use of the vessel
by the Government after that date; and
(B) the recipient has available, for use to
restore the vessel, in the form of cash, liquid as-
sets, or a written loan commitment, financial re-
sources of at least $100,000.
(3) ADDITIONAL TERMS.—The Secretary may re-
quire such additional terms in connection with the
conveyance authorized by this section as the Secretary
considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient of the vessel conveyed under
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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. 423. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL, JOHN HENRY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any
other law, the Secretary of Transportation (in this section
referred to as ‘‘the Secretary’’) may convey all right, title,
and interest of the United States Government in and to the
vessel JOHN HENRY (United States official number
599294) to a purchaser for use in humanitarian relief ef-
forts, including the provision of water and humanitarian
goods to developing nations.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out sub-
section (a), the Secretary shall deliver the vessel—
(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 Govern-
ment; 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—
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(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 Trans-
portation;
(C) the recipient agrees that the vessel shall
not be used for commercial transportation pur-
poses or for the carriage of cargoes reserved to
United States flag commercial vessels under sec-
tion 901(b) and 901f of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1241(b) and 1241f);
(D) the recipient agrees to hold the Govern-
ment harmless for any claims arising from expo-
sure to hazardous material, including asbestos
and polychlorinated biphenyls, after the convey-
ance of the vessel, except for claims arising before
the date of the conveyance or from use of the ves-
sel 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-
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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 re-
quire such additional terms in connection with the
conveyance authorized by this section as the Secretary
considers appropriate.
(c) PROCEEDS.—Any amounts received by the United
States as proceeds from the sale of the M/V JOHN HENRY
shall be deposited in the Vessel Operations Revolving Fund
established by the Act of June 2, 1951 (chapter 121; 46
U.S.C. App. 1241a) and shall be available and expended
in accordance with section 6(a) of the National Maritime
Heritage Act (16 U.S.C. App. 5405(a)).
SEC. 424. AUTHORIZED NUMBER OF NOAA CORPS COMMIS-
SIONED OFFICERS.
(a) Section 2 of the Coast and Geodetic Survey Com-
missioned Officers’ Act of 1948 (33 U.S.C. 853a) is amend-
ed—
(1) by redesignating subsections (a) through (e)
as subsections (b) through (f), respectively; and
(2) by inserting before subsection (b), as redesig-
nated, the following:
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‘‘(a)(1) Except as provided in paragraph (2), there are
authorized to be not less than 264 and not more than 299
commissioned officers on the active list of the National Oce-
anic and Atmospheric Administration for fiscal years 1999,
2000, 2001, 2002, and 2003.
‘‘(2) The Administrator may reduce the number of
commissioned officers on the active list below 264 if the Ad-
ministrator determines that it is appropriate, taking into
consideration—
‘‘(A) the number of billets on the vessels and air-
craft owned and operated by the Administration;
‘‘(B) the need of the Administration to collect
high-quality oceanographic, fisheries, hydrographic,
and atmospheric data and information on a continu-
ing basis;
‘‘(C) the need for effective and safe operation of
the Administration’s vessels and aircraft;
‘‘(D) the need for effective management of the
commissioned Corps; and
‘‘(E) the protection of the interests of taxpayers.
‘‘(3) At least 90 days before beginning any reduction
as described in paragraph (2), the Administrator shall pro-
vide notice of such reduction to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives.’’.
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(b) Section 24(a) of the Coast and Geodetic Survey
Commissioned Officers’ Act of 1948 (33 U.S.C. 853u(a)) is
amended by inserting ‘‘One such position shall be appointed
from the officers on the active duty promotion list serving
in or above the grade of captain, and who shall be respon-
sible for administration of the commissioned officers, and
for oversight of the operation of the vessel and aircraft fleets,
of the Administration.’’ before ‘‘An officer’’.
(c) The Secretary of Commerce immediately shall re-
lieve the moratorium on new appointments of commissioned
officers to the National Oceanic and Atmospheric Adminis-
tration Corps.
SEC. 425. 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 United States 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 In-
frastructure of the House of Representatives at least 90 days
before approving such recognition.
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SEC. 426. MARINE TRANSPORTATION FLEXIBILITY.
(a) IN GENERAL.—Section 218 of title 23, United
States Code, is amended—
(1) by striking ‘‘the south Alaskan border’’ in the
first sentence of subsection (a) and inserting
‘‘Haines’’;
(2) in the third sentence by striking ‘‘highway’’
in the third sentence of subsection (a) and inserting
‘‘highway or the Alaska Marine Highway System’’;
(3) by striking ‘‘any other fiscal year thereafter’’
in the fourth sentence of subsection (a) and inserting
‘‘any other fiscal year thereafter, including any por-
tion of any other fiscal year thereafter, prior to the
date of the enactment of the Transportation Equity
Act for the 21st Century’’;
(4) by striking ‘‘construction of such highways
until an agreement’’ in the fifth sentence of subsection
(a) and inserting ‘‘construction of the portion of such
highways that are in Canada until an agreement’’;
and
(5) by inserting ‘‘in Canada’’ after ‘‘undertaken’’
in subsection (b).
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TITLE 
V—ADMINISTRATIVE
PROCESS 
FOR 
JONES 
ACT
WAIVERS
SEC. 501. FINDINGS.
The Congress finds that—
(1) current coastwise trade laws provide no ad-
ministrative authority to waive the United-States-
built requirement of those laws for the limited car-
riage of passengers for hire on vessels built or rebuilt
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 appro-
priate 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 Merchant Ma-
rine Act, 1920 (46 U.S.C. App. 883), the Secretary of
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Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coast-
wise trade as a passenger vessel, a small passenger vessel,
or an uninspected passenger vessel for an eligible vessel au-
thorized to carry no more than 12 passengers for hire if
the Secretary, after notice and an opportunity for public
comment, 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 pub-
lic comment, if the Secretary determines that the employ-
ment of the vessel in the coastwise trade has substantially
changed since the issuance of the endorsement, and—
(1) the vessel is employed other than as a pas-
senger vessel, a small passenger vessel, or an
uninspected passenger vessel; or
(2) the employment of the vessel adversely af-
fects—
(A) United States vessel builders; or
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(B) the coastwise trade business of any per-
son 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) PASSENGER VESSEL, SMALL PASSENGER VES-
SEL; UNINSPECTED PASSENGER VESSEL; PASSENGER
FOR
HIRE.—The terms ‘‘passenger vessel’’, ‘‘small
passenger vessel’’, ‘‘uninspected passenger vessel’’, and
‘‘passenger for hire’’ have the meaning given such
terms by section 2101 of title 46, United States Code.
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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 U.S. Virgin Islands; and shellfish
poisonings in the Gulf of Maine, the Pacific North-
west, 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
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closures, threats to public health and safety, and con-
cern among the public about the safety of seafood;
(4) according to some scientists, the factors caus-
ing or contributing to harmful algal blooms may in-
clude 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 nontoxic
algal species may lead to other damaging marine con-
ditions such as hypoxia (reduced oxygen concentra-
tions), 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 Com-
merce, 53 percent of U.S. estuaries experience hypoxia
for at least part of the year and a 7,000 square mile
area in the Gulf of Mexico off Louisiana and Texas
suffers from hypoxia;
(8) according to some scientists, a factor believed
to cause hypoxia is excessive nutrient loading into
coastal waters;
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(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, education,
grant, and coastal resource management programs,
possesses a full range of capabilities necessary to sup-
port a near and long-term comprehensive 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 Environ-
mental Protection Agency, the Department of Agri-
culture, and the National Science Foundation, along
with the States, Indian tribes, and local governments,
conduct important work related to the prevention, re-
duction, and control of harmful algal blooms and hy-
poxia.
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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 (hereinafter
referred to as the ‘‘Task Force’’). The Task Force shall con-
sist 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 Serv-
ices;
(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 Policy;
(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the President
considers appropriate.
(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—
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(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in cooperation
with the coastal States, Indian tribes, and local gov-
ernments, industry (including agricultural organiza-
tions), academic institutions, and nongovernmental
organizations with expertise in coastal zone manage-
ment, shall complete and submit to the Congress an
assessment which examines the ecological and eco-
nomic consequences of harmful algal blooms, alter-
natives 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 co-
ordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management, mitiga-
tion, and control of harmful algal blooms and
their environmental and public health impacts.
(c) ASSESSMENT OF HYPOXIA.—
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(1) Not later than 12 months after the date of
enactment of this title, the Task Force, in cooperation
with the States, Indian tribes, local governments, in-
dustry, agricultural, academic institutions, and non-
governmental organizations with expertise in water-
shed and coastal zone management, shall complete
and submit to the Congress an assessment which ex-
amines the ecological and economic consequences of
hypoxia in United States Coastal waters, alternatives
for reducing, mitigating, and controlling 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
(C) provide for Federal cooperation and co-
ordination with and assistance to the States, In-
dian tribes, and local governments in the preven-
tion, reduction, management, mitigation, and
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control of hypoxia and its environmental im-
pacts.
(e) DISESTABLISHMENT OF TASK FORCE.—The Presi-
dent may disestablish the Task Force after submission 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 Congress
and the President an integrated assessment of hypoxia in
the northern Gulf of Mexico that examines: the distribution,
dynamics, and causes; ecological and economic con-
sequences; sources and loads of nutrients transported by the
Mississippi River to the Gulf of Mexico; effects of reducing
nutrient loads; methods for reducing nutrient loads; and the
social and economic costs and benefits of such methods.
(b) SUBMISSION OF A PLAN.—No later than March 30,
2000, the President, in conjunction with the chief executive
officers of the States, shall develop and submit to Congress
a plan, based on the integrated assessment submitted under
subsection (a), for reducing, mitigating, and controlling hy-
poxia in the northern Gulf of Mexico. In developing such
plan, the President shall consult with State, Indian tribe,
and local governments, academic, agricultural, industry,
and environmental groups and representatives. Such plan
shall include incentive-based partnership approaches. The
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plan shall also include the social and economic costs and
benefits of the measures for reducing, mitigating, and con-
trolling hypoxia. At least 90 days before the President sub-
mits 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 monitoring
activities related to the prevention, reduction, and control
of harmful algal blooms and hypoxia, $25.5 million in each
of fiscal years 1999, 2000, and 2001, to remain available
until expended. The Secretary shall consult with the States
on a regular basis regarding the development and imple-
mentation of the activities authorized under this section.
Of such amounts for each fiscal year—
(1) $5,000,000 may be used to enable the Na-
tional Oceanic and Atmospheric Administration to
carry out research and assessment activities, includ-
ing procurement of necessary research equipment, at
research laboratories of the National Ocean Service
and the National Marine Fisheries Service;
(2) $7,000,000 may be used to carry out the
Ecology and Oceanography of Harmful Algal Blooms
(ECOHAB) project under the Coastal Ocean Program
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established under section 201(c) of Public Law 102-
567;
(3) $3,000,000 may be used by the National
Ocean Service of the National Oceanic and Atmos-
pheric Administration to carry out a peer-reviewed
research project on management measures that can be
taken to prevent, reduce, control, and mitigate harm-
ful algal blooms;
(4) $5,500,000 may be used to carry out Federal
and State annual monitoring and analysis activities
for harmful algal blooms administered by the Na-
tional Ocean Service of the National Oceanic and At-
mospheric Administration;
(5) $5,000,000 may be used for activities related
to research and monitoring on hypoxia by the Na-
tional Ocean Service and the Office of Oceanic and
Atmospheric Research of the National Oceanic and
Atmospheric Administration.
SEC. 606. AMENDMENT TO NATIONAL SEA GRANT COLLEGE
PROGRAM ACT.
Section 212(a) of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1131(a)) is amended by striking para-
graph (2)(C) and inserting the following:
‘‘(C) up to $3,000,000 may be made avail-
able for competitive grants for university re-
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search, education, training, and advisory serv-
ices on Pfiesteria piscicida and other harmful
algal blooms.’’.
SEC. 607. AMENDMENT TO THE COASTAL ZONE MANAGE-
MENT ACT.
Section 318(a) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1464 (a)) is amended by adding at the
end thereof the following:
‘‘(3) up to $2,000,000 for fiscal years 1999 and
2000 for technical assistance under section 310 to
support State implementation and analysis of the ef-
fectiveness of measures to prevent, reduce, mitigate, or
control harmful algal blooms and hypoxia.’’.
SEC. 608. 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 Govern-
ment which has been delegated to any State through the
Clean Water Act or Coastal Zone Management Act of 1972.
102
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TITLE VII—ADDITIONAL
MISCELLANEOUS PROVISIONS
SEC. 701. APPLICABILITY OF AUTHORITY TO RELEASE RE-
STRICTIONS AND ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commission
Authorization Act of 1990 (Public Law 101–595; 104 Stat.
2988) is amended—
(1) by striking ‘‘3 contiguous tracts’’ and insert-
ing ‘‘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, Lou-
isiana, 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 com-
mencement and containing 11,000 square feet (0.2525 acres).
‘‘Tract 2—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’ as
shown on plat of survey of ‘Boundary Agreement of CAFB’ by
D.W. Jessen and Associates, Civil Engineers, Lake Charles, Lou-
isiana, 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 commencement and con-
taining 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, Lou-
isiana, 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 com-
mencement and containing 11,000 square feet (0.2525 acres).
103
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‘‘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 Associates,
Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973,
and filed in Plat Book 23, at page 20, Records of Calcasieu Par-
ish, 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 Par-
ish, 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.’’.
Attest:
Secretary.
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