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The amendments made to the table of sections of chapter
11 of title 14, United States Code, by paragraphs (2), (3),
and (4) of subsection (b) of this section shall take effect four
years after the date of enactment of this Act.
SEC. 17. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE
PROPERTY.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end a new section
672b to read as follows:
‘‘§ 672b. Long-term lease authority for lighthouse
property
‘‘(a) The Commandant of the Coast Guard may lease
to non-Federal entities, including private individuals,
lighthouse property under the administrative control of the
Coast Guard for terms not to exceed 30 years. Consideration
for the use and occupancy of lighthouse property leased
under this section, and for the value of any utilities and
services furnished to a lessee of such property by the Com-
mandant, may consist, in whole or in part, of non-pecu-
niary remuneration including, but not limited to, the im-
provement, alteration, restoration, rehabilitation, repair,
and maintenance of the leased premises by the lessee. Sec-
tion 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b) shall not apply to leases issued by the Com-
mandant under this section.
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‘‘(b) Amounts received from leases made under this sec-
tion, less expenses incurred, shall be deposited in the Treas-
ury.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17 of title 14, United States Code,
is amended by adding after the item relating to section 672
the following:
‘‘672b. Long-term lease authority for lighthouse property.’’.
SEC. 18. MARITIME DRUG LAW ENFORCEMENT ACT AMEND-
MENTS.
(a) Section 3 of the Maritime Drug Law Enforcement
Act (46 App. U.S.C. 1903) is amended—
(1) in subsection (c)(1)(D) by striking ‘‘and’’;
(2) in subsection (c)(1)(E) by striking ‘‘United
States.’’ and inserting ‘‘United States; and’’; and
(3) by inserting after subsection (c)(1)(E) the fol-
lowing:
‘‘(F) a vessel located in the contiguous zone of
the United States, as defined in Presidential Procla-
mation 7219 of September 2, 1999, and (i) is entering
the United States, (ii) has departed the United States,
or (iii) is a hovering vessel as defined in 19 U.S.C.
1401(k).’’.
(b) The second section 3 of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1904) is amended—
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(1) by inserting ‘‘(a)’’ before ‘‘Any property’’;
and
(2) by adding at the end the following:
‘‘(b) Practices commonly recognized as smuggling tac-
tics may provide prima facie evidence of intent to use a
vessel to commit, or to facilitate the commission of, an of-
fense under this chapter, and may support seizure and for-
feiture of the vessel, even in the absence of controlled sub-
stances aboard the vessel. The following indicia, inter alia,
may be considered, in the totality of the circumstances, to
be prima facie evidence that a vessel is intended to be used
to commit, or to facilitate the commission of an offense
under this chapter:
‘‘(1) The construction or adaptation of the vessel
in a manner that facilitates smuggling, including—
‘‘(A) the configuration of the vessel to ride
low in the water or present a low hull profile to
avoid being detected visually or by radar;
‘‘(B) the presence of any compartment or
equipment which is built or fitted out for smug-
gling, not including items such as a safe or lock-
box reasonably used for the storage of personal
valuables;
‘‘(C) the presence of an auxiliary tank not
installed in accordance with applicable law, or
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installed in such a manner as to enhance the ves-
sel’s smuggling capability;
‘‘(D) the presence of engines that are exces-
sively over-powered in relation to the design and
size of the vessel;
‘‘(E) the presence of materials used to re-
duce or alter the heat or radar signature of the
vessel and avoid detection;
‘‘(F) the presence of a camouflaging paint
scheme, or of materials used to camouflage the
vessel, to avoid detection; or
‘‘(G) the display of false vessel registration
numbers, false indicia of vessel nationality, false
vessel name, or false vessel homeport.
‘‘(2) The presence or absence of equipment, per-
sonnel, or cargo inconsistent with the type or declared
purpose of the vessel.
‘‘(3) The presence of excessive fuel, lube oil, food,
water, or spare parts, inconsistent with legitimate
vessel operation, inconsistent with the construction or
equipment of the vessel, or inconsistent with the char-
acter of the vessel’s stated purpose.
‘‘(4) The operation of the vessel without lights
during times lights are required to be displayed under
applicable law or regulation, and in a manner of
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navigation consistent with smuggling tactics used to
avoid detection by law enforcement authorities.
‘‘(5) The failure of the vessel to stop or respond
or heave to when hailed by government authority, es-
pecially where the vessel conducts evasive maneu-
vering when hailed.
‘‘(6) The declaration to government authority of
apparently false information about the vessel, crew, or
voyage, or the failure to identify the vessel by name
or country of registration when requested to do so by
government authority.
‘‘(7) The presence of controlled substance residue
on the vessel, on an item aboard the vessel, or on a
person aboard the vessel, of a quantity or other nature
which reasonably indicates manufacturing or dis-
tribution activity.
‘‘(8) The use of petroleum products or other sub-
stances on the vessel to foil the detection of controlled
substance residue.
‘‘(9) The presence of a controlled substance in the
water in the vicinity of the vessel, where given the
currents, weather conditions, and course and speed of
the vessel, the quantity or other nature is such that
it reasonably indicates manufacturing or distribution
activity.’’.
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SEC. 19. WING-IN-GROUND CRAFT.
(a) Section 2101(35) of title 46, United States Code,
is amended by inserting ‘‘a wing-in-ground craft, regardless
of tonnage, carrying at least one passenger for hire, and’’
after the phrase ‘‘ ‘small passenger vessel’ means’’.
(b) Section 2101 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(48) wing-in-ground craft means a vessel that
is capable of operating completely above the surface of
the water on a dynamic air cushion created by aero-
dynamic lift due to the ground effect between the ves-
sel and the water’s surface.’’.
SEC. 20. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS FOR VESSELS.
Section 31321(a)(4) of title 46, United States Code,
is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
SEC. 21. DELETION OF THUMBPRINT REQUIREMENT FOR
MERCHANT MARINERS’ DOCUMENTS.
Section 7303 of title 46, United States Code, is amend-
ed by striking ‘‘the thumbprint,’’.
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SEC. 22. TEMPORARY CERTIFICATES OF DOCUMENTATION
FOR RECREATIONAL VESSELS.
(a) Section 12103(a) of title 46, United States Code,
is amended by inserting ‘‘, or a temporary certificate of
documentation,’’ after ‘‘certificate of documentation’’.
(b)(1) Chapter 121 of title 46, United States Code, is
amended by adding after section 12103 the following:
‘‘§ 12103a. Issuance of temporary certificate of docu-
mentation by third parties
‘‘(a) The Secretary of Transportation may delegate,
subject to the supervision and control of the Secretary and
under terms set out by regulation, to private entities deter-
mined and certified by the Secretary to be qualified, the
authority to issue a temporary certificate of documentation
for a recreational vessel, if the applicant for the certificate
of documentation meets the requirements set out in sections
12102 and 12103 of this chapter.
‘‘(b) A temporary certificate of documentation issued
under section 12103(a) and subsection (a) of this section
is valid for up to 30 days from issuance.’’.
(2) The table of sections at the beginning of chapter
121 of title 46, United States Code, is amended by inserting
after the item relating to section 12103 the following:
‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.
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SEC. 23. MARINE CASUALTY INVESTIGATIONS INVOLVING
FOREIGN VESSELS.
Section 6101 of title 46, United States Code, is
amended—
(1) by redesignating the second subsection (e) as
subsection (f); and
(2) by adding at the end the following new sub-
section:
‘‘(g) To the extent consistent with generally recognized
practices and procedures of international law, this part ap-
plies to a foreign vessel involved in a marine casualty or
incident, as defined in the International Maritime Organi-
zation Code for the Investigation of Marine Casualties and
Incidents, where the United States is a Substantially Inter-
ested State and is, or has the consent of, the Lead Inves-
tigating State under the Code.’’.
SEC. 24. CONVEYANCE OF COAST GUARD PROPERTY IN
HAMPTON TOWNSHIP, MICHIGAN.
(a) REQUIREMENT TO CONVEY.—
(1) IN
GENERAL.—Notwithstanding any other
law, the Secretary of Transportation (in this section
referred to as the ‘‘Secretary’’) shall convey to
BaySail, Inc. (a nonprofit corporation established
under the laws of the State of Michigan; in this sec-
tion referred to as ‘‘BaySail’’), without monetary con-
sideration, all right, title, and interest of the United
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States in and to property adjacent to Coast Guard
Station Saginaw River, located in Hampton Town-
ship, Michigan, as identified under paragraph (2). No
submerged lands may be conveyed under this section.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary, in consultation with the Commandant of the
Coast Guard, shall identify, describe, and determine
the property to be conveyed under this section.
(3) SURVEY.—The exact acreage and legal de-
scription of the property conveyed under paragraph
(1), as identified under paragraph (2), and any ease-
ments or rights-of-way reserved by the United States
under subsection (b), shall be determined by a survey
satisfactory to the Secretary. The cost of the survey
shall be borne by BaySail.
(b) TERMS AND CONDITIONS OF CONVEYANCE.—The
conveyance of property under this section shall be made sub-
ject to any terms and conditions the Secretary considers
necessary, including the reservation of easements and other
rights on behalf of the United States.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—During the 5-year period be-
ginning on the date the Secretary makes the convey-
ance authorized by subsection (a), the real property
conveyed pursuant to this section, at the option of the
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Secretary, shall revert to the United States and be
placed under the administrative control of the Sec-
retary, if—
(A) BaySail sells, conveys, assigns, ex-
changes, or encumbers the property conveyed or
any part thereof;
(B) BaySail fails to maintain the property
conveyed in a manner consistent with the terms
and conditions under subsection (b);
(C) BaySail conducts any commercial ac-
tivity at the property conveyed, or any part
thereof, without approval of the Secretary; or
(D) at least 30 days before the reversion, the
Secretary provides written notice to the owner
that the property or any part thereof is needed
for national security purposes.
(2) ADDITIONAL PERIOD.—The Secretary may,
before the completion of the 5-year period described in
paragraph (1), authorize an additional 5-year period
during which paragraph (1) shall apply.
Union Calendar No. 221
107TH CONGRESS
2D SESSION
H. R. 2481
[Report No. 107–243]
A BILL
To improve maritime safety and the quality of life
for Coast Guard personnel, and for other purposes.
MARCH 29, 2002
Committee discharged; referred to the Committee of the
Whole House on the State of the Union