122 
the Commandant in time 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, after conveyance of the 
vessel, except for claims arising from the use by 
the Government under subparagraph (C); 
(2) has funds available that will be committed 
to operate and maintain in good working condition 
the vessel conveyed, in the form of cash, liquid as-
sets, or a written loan commitment and in an 
amount of at least $700,000; and 
(3) agrees to any other conditions the Com-
mandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of the 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver the vessel
123 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance 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 conveyance under sub-
section (a) any excess equipment or parts from other de-
commissioned Coast Guard vessels for use to enhance the 
operability and function of the vessel conveyed under sub-
section (a) for purposes of a museum and historical dis-
play. 
SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EM-
PLOYMENT IN THE BUSINESS OF SALVAGING 
ON THE COAST OF FLORIDA. 
Chapter 801 of title 46, United States Code, is 
amended— 
(1) by striking section 80102; and 
(2) in the table of sections at the beginning of 
the chapter by striking the item relating to that sec-
tion.
124 
SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST GUARD 
PROPERTY ON JUPITER ISLAND, FLORIDA. 
(a) 
RIGHT-OF-FIRST-REFUSAL.—Notwithstanding 
any other law (other than this section), the Town of Jupi-
ter Island, Florida, shall have the right-of-first-refusal for 
an exchange of real property within the jurisdiction of the 
Town comprising Parcel #35–38–42–004–000–02590–6 
(Bon Air Beach lots 259 and 260 located at 83 North 
Beach Road) and Parcel #35–38–42–004–000–02610–2 
(Bon Air Beach lots 261 to 267), including any improve-
ments thereon, for other real property of equal or greater 
value. 
(b) IDENTIFICATION
OF
PROPERTY.—The Com-
mandant of the Coast Guard may identify, describe, and 
determine the property referred to in subsection (a) that 
is subject to the right of the Town under that subsection. 
(c) LIMITATION.—The property referred to in sub-
section (a) may not be conveyed under that subsection 
until the Commandant of the Coast Guard determines that 
the property is not needed to carry out Coast Guard mis-
sions or functions. 
(d) REQUIRED USE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), any property conveyed under this section 
shall be used by the Town of Jupiter Island, Flor-
ida, solely for conservation of fish and wildlife habi-
125 
tat and other natural resources, including wetlands, 
beaches, and dunes, and as protection against dam-
age from wind, tidal, and wave energy. 
(2) PUBLIC ACCESS.—The Town of Jupiter Is-
land shall allow the public to have reasonable public 
access to the property conveyed under this section, 
for customary recreation use of the beach under a 
management program established by agreement be-
tween the Town of Jupiter Island, Florida, and Mar-
tin County, Florida. 
(e) REVERSION.—Any conveyance of property under 
this section shall be subject to the condition that all right, 
title, and interest in the property, at the option of the 
Commandant of the Coast Guard, shall revert to the 
United States Government if the property is used for pur-
poses other than conservation and public access. 
(f) IMPLEMENTATION.—The Commandant of the 
Coast Guard shall upon request by the Town— 
(1) promptly take those actions necessary to 
make property identified under subsection (b) and 
determined by the Commandant under subsection (c) 
ready for conveyance to the Town; and 
(2) convey the property to the Town subject to 
subsections (d) and (e).
126 
SEC. 410. CONVEYANCE OF COAST GUARD HU–25 FALCON 
JET AIRCRAFT. 
(a) AUTHORITY TO CONVEY.—Notwithstanding any 
other law, the Commandant of the Coast Guard may con-
vey to the Elizabeth City State University (in this section 
referred to as the ‘‘University’’), a public university lo-
cated in the State of North Carolina, without consider-
ation all right, title, and interest of the United States in 
an HU–25 Falcon Jet aircraft under the administrative 
jurisdiction of the Coast Guard that the Commandant de-
termines— 
(1) is appropriate for use by the University; 
and 
(2) is excess to the needs of the Coast Guard. 
(b) CONDITIONS.— 
(1) IN GENERAL.—As a condition of conveying 
an aircraft to the University under subsection (a), 
the Commandant shall enter into an agreement with 
the University under which the University agrees— 
(A) to utilize the aircraft for educational 
purposes or other public purposes as jointly 
agreed upon by the Commandant and the Uni-
versity before conveyance; and 
(B) to hold the United States harmless for 
any claim arising with respect to the aircraft 
after conveyance of the aircraft.
127 
(2) REVERSIONARY
INTEREST.—If the Com-
mandant determines that the recipient violated sub-
paragraph (A) or (B) of paragraph (1), then— 
(A) all right, title, and interest in the air-
craft shall revert to the United States; 
(B) the United States shall have the right 
to immediate possession of the aircraft; and 
(C) the recipient shall pay the United 
States for its costs incurred in recovering the 
aircraft for such violation. 
(c) LIMITATION ON FUTURE TRANSFERS.— 
(1) IN GENERAL.—The Commandant shall in-
clude in the instruments for the conveyance a re-
quirement that any further conveyance of an interest 
in the aircraft may not be made without the ap-
proval in advance of the Commandant. 
(2) REVERSIONARY
INTEREST.—If the Com-
mandant determines that an interest in the aircraft 
was conveyed without such approval, then— 
(A) all right, title, and interest in the air-
craft shall revert to the United States; 
(B) the United States shall have the right 
to immediate possession of the aircraft; and
128 
(C) the recipient shall pay the United 
States for its costs incurred in recovering the 
aircraft for such a violation. 
(d) DELIVERY
OF AIRCRAFT.—The Commandant 
shall deliver the aircraft conveyed under subsection (a)— 
(1) at the place where the aircraft is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance required by sub-
section (a) as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR 
HAITI. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat, the Commandant of the Coast Guard 
shall give the Government of Haiti a right-of-first-refusal 
for conveyance of that vessel to the Government of Haiti, 
if that Government of Haiti agrees— 
(1) to use the vessel for the Coast Guard of 
Haiti;
129 
(2) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or national emergency; 
(3) to hold the United States Government 
harmless for any claims arising from exposure to 
hazardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from the use by the United 
States Government under paragraph (2); and 
(4) to any other conditions the Commandant 
considers appropriate. 
(b) LIMITATION.—The Commandant may not convey 
more than 10 vessels to the Government of Haiti pursuant 
to this section. 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver a vessel 
to a suitable mooring in the local area in its present 
condition.
130 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of a 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)). 
SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VES-
SEL FOR SETTING, RELOCATION, OR RECOV-
ERY OF ANCHORS OR OTHER MOORING 
EQUIPMENT. 
Section 705(a)(2) of Public Law 109–347 (120 Stat. 
1945) is amended by striking ‘‘2’’ and inserting ‘‘3’’. 
SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS. 
(a) REQUIREMENT.—The Commandant of the Coast 
Guard, acting through the appropriate Area Committee 
established under section 311(j)(4) of the Federal Water 
Pollution Control Act, shall prepare a vessel traffic risk 
assessment— 
(1) for Cook Inlet, Alaska, within one year after 
the date of enactment of this Act; and 
(2) for the Aleutian Islands, Alaska, within two 
years after the date of enactment of this Act. 
(b) CONTENTS.—Each of the assessments shall de-
scribe, for the region covered by the assessment— 
(1) the amount and character of present and 
estimated future shipping traffic in the region; and
131 
(2) the current and projected use and effective-
ness in reducing risk, of— 
(A) traffic separation schemes and routing 
measures; 
(B) long-range vessel tracking systems de-
veloped under section 70115 of title 46, United 
States Code; 
(C) towing, response, or escort tugs; 
(D) vessel traffic services; 
(E) emergency towing packages on vessels; 
(F) increased spill response equipment in-
cluding equipment appropriate for severe weath-
er and sea conditions; 
(G) the Automatic Identification System 
developed under section 70114 of title 46, 
United States Code; 
(H) particularly sensitive sea areas, areas 
to be avoided, and other traffic exclusion zones; 
(I) aids to navigation; and 
(J) vessel response plans. 
(c) RECOMMENDATIONS.— 
(1) IN
GENERAL.—Each of the assessments 
shall include any appropriate recommendations to 
enhance the safety, or lessen potential adverse envi-
ronmental impacts, of marine shipping.
132 
(2) CONSULTATION.—Before making any rec-
ommendations under paragraph (1) for a region, the 
Area Committee shall consult with affected local, 
State, and Federal government agencies, representa-
tives of the fishing industry, Alaska Natives from 
the region, the conservation community, and the 
merchant shipping and oil transportation industries. 
(d) PROVISION TO CONGRESS.—The Commandant 
shall provide a copy of each assessment to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commandant 
$1,800,000 for each of fiscal years 2008 and 2009 to the 
conduct the assessments. 
SEC. 414. VESSEL MARYLAND INDEPENDENCE. 
Notwithstanding sections 55101, 55103, and 12112 
of title 46, United States Code, the Secretary of the de-
partment in which the Coast Guard is operating may issue 
a certificate of documentation with a coastwise endorse-
ment for the vessel MARYLAND INDEPENDENCE (of-
ficial number 662573). The coastwise endorsement issued 
under authority of this section is terminated if—
133 
(1) the vessel, or controlling interest in the per-
son that owns the vessel, is conveyed after the date 
of enactment of this Act; or 
(2) any repairs or alterations are made to the 
vessel outside of the United States. 
SEC. 415. STUDY OF RELOCATION OF COAST GUARD SEC-
TOR BUFFALO FACILITIES. 
(a) PURPOSES.—The purposes of this section are— 
(1) to authorize a project study to evaluate the 
feasibility of consolidating and relocating Coast 
Guard facilities at Coast Guard Sector Buffalo with-
in the study area; 
(2) to obtain a preliminary plan for the design, 
engineering, and construction for the consolidation 
of Coast Guard facilities at Sector Buffalo; and 
(3) to distinguish what Federal lands, if any, 
shall be identified as excess after the consolidation. 
(b) DEFINITIONS.—In this section: 
(1) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(2) SECTOR BUFFALO.—The term ‘‘Sector Buf-
falo’’ means Coast Guard Sector Buffalo of the 
Ninth Coast Guard District. 
(3) STUDY
AREA.—The term ‘‘study area’’ 
means the area consisting of approximately 31 acres
134 
of real property and any improvements thereon that 
are commonly identified as Coast Guard Sector Buf-
falo, located at 1 Fuhrmann Boulevard, Buffalo, 
New York, and under the administrative control of 
the Coast Guard. 
(c) STUDY.— 
(1) IN GENERAL.—Within 12 months after the 
date on which funds are first made available to carry 
out this section, the Commandant shall conduct a 
project proposal report of the study area and shall 
submit such report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives. 
(2) REQUIREMENTS.—The project proposal re-
port shall— 
(A) evaluate the most cost-effective method 
for providing shore facilities to meet the oper-
ational requirements of Sector Buffalo; 
(B) determine the feasibility of consoli-
dating and relocating shore facilities on a por-
tion of the existing site, while— 
(i) meeting the operational require-
ments of Sector Buffalo; and
135 
(ii) allowing the expansion of oper-
ational requirements of Sector Buffalo; 
and 
(C) contain a preliminary plan for the de-
sign, engineering, and construction of the pro-
posed project, including— 
(i) the estimated cost of the design, 
engineering, and construction of the pro-
posed project; 
(ii) an anticipated timeline of the pro-
posed project; and 
(iii) a description of what Federal 
lands, if any, shall be considered excess to 
Coast Guard needs. 
(d) LIMITATION.—Nothing in this section shall affect 
the current administration and management of the study 
area. 
SEC. 416. CONVEYANCE OF COAST GUARD VESSEL TO 
COAHOMA COUNTY, MISSISSIPPI. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Sheriff’s Department of Coahoma County, Mis-
sissippi (in this section referred to as the ‘‘Sheriff’s De-
partment’’), without consideration all right, title, and in-
136 
terest of the United States in and to a Coast Guard 
trailerable boat, ranging from 17 feet to 30 feet in size, 
that the Commandant determines— 
(1) is appropriate for use by the Sheriff’s De-
partment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Sheriff’s 
Department under which the Sheriff’s Department 
agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Sheriff’s Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver the vessel conveyed under the authority provided 
in subsection (a)—
137 
(1) at the place where the vessel is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Sheriff’s Department for use to enhance the 
operability of the vessel conveyed under the authority pro-
vided in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance authorized by 
subsection (a) as the Commandant considers appropriate 
to protect the interests of the United States. 
SEC. 417. CONVEYANCE OF COAST GUARD VESSEL TO WAR-
REN COUNTY, MISSISSIPPI. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Sheriff’s Office of Warren County, Mississippi (in 
this section referred to as the ‘‘Sheriff’s Office’’), without 
consideration all right, title, and interest of the United
138 
States in and to a Coast Guard trailerable boat, ranging 
from 17 feet to 30 feet in size, that the Commandant de-
termines— 
(1) is appropriate for use by the Sheriff’s Of-
fice; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Sheriff’s 
Office under which the Sheriff’s Office agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Sheriff’s Office 
before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver the vessel conveyed under the authority provided 
in subsection (a)—
139 
(1) at the place where the vessel is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Sheriff’s Office for use to enhance the oper-
ability of the vessel conveyed under the authority provided 
in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance authorized by 
subsection (a) as the Commandant considers appropriate 
to protect the interests of the United States. 
SEC. 418. CONVEYANCE OF COAST GUARD VESSEL TO 
WASHINGTON COUNTY, MISSISSIPPI. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Sheriff’s Office of Washington County, Mississippi 
(in this section referred to as the ‘‘Sheriff’s Office’’), with-
out consideration all right, title, and interest of the United
140 
States in and to a Coast Guard trailerable boat, ranging 
from 17 feet to 30 feet in size, that the Commandant de-
termines— 
(1) is appropriate for use by the Sheriff’s Of-
fice; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Sheriff’s 
Office under which the Sheriff’s Office agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Sheriff’s Office 
before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver the vessel conveyed under the authority provided 
in subsection (a)—
141 
(1) at the place where the vessel is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Sheriff’s Office for use to enhance the oper-
ability of the vessel conveyed under the authority provided 
in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance authorized by 
subsection (a) as the Commandant considers appropriate 
to protect the interests of the United States. 
SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIR-
GIN ISLANDS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may station additional Coast Guard assets in the 
United States Virgin Islands for port security and other 
associated purposes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for fis-
142 
cal year 2008 such sums as are necessary to carry out 
this section. 
SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STA-
TION FRESNEL LENS TO PRESQUE ISLE 
TOWNSHIP, MICHIGAN. 
(a) CONVEYANCE OF LENS AUTHORIZED.— 
(1) 
TRANSFER
OF
POSSESSION.—Notwith-
standing any other provision of law, the Com-
mandant of the Coast Guard may transfer to 
Presque Isle Township, a township in Presque Isle 
County in the State of Michigan (in this section re-
ferred to as the ‘‘Township’’), possession of the His-
toric Fresnel Lens (in this section referred to as the 
‘‘Lens’’) from the Presque Isle Light Station Light-
house, Michigan (in this section referred to as the 
‘‘Lighthouse’’). 
(2) CONDITION.—As a condition of the transfer 
of possession authorized by paragraph (1), the 
Township shall, not later than one year after the 
date of transfer, install the Lens in the Lighthouse 
for the purpose of operating the Lens and Light-
house as a Class I private aid to navigation pursu-
ant to section 85 of title 14, United States Code, 
and the applicable regulations under that section.
143 
(3) CONVEYANCE OF LENS.—Upon the certifi-
cation of the Commandant that the Township has 
installed the Lens in the Lighthouse and is able to 
operate the Lens and Lighthouse as a private aid to 
navigation as required by paragraph (2), the Com-
mandant shall convey to the Township all right, 
title, and interest of the United States in and to the 
Lens. 
(4) CESSATION
OF
UNITED
STATES
OPER-
ATIONS OF AIDS TO NAVIGATION AT LIGHTHOUSE.— 
Upon the making of the certification described in 
paragraph (3), all active Federal aids to navigation 
located at the Lighthouse shall cease to be operated 
and maintained by the United States. 
(b) REVERSION.— 
(1) REVERSION FOR FAILURE OF AID TO NAVI-
GATION.—If the Township does not comply with the 
condition set forth in subsection (a)(2) within the 
time specified in that subsection, the Township shall, 
except as provided in paragraph (2), return the Lens 
to the Commandant at no cost to the United States 
and under such conditions as the Commandant may 
require. 
(2) EXCEPTION
FOR
HISTORICAL
PRESERVA-
TION.—Notwithstanding the lack of compliance of
144 
the Township as described in paragraph (1), the 
Township may retain possession of the Lens for in-
stallation as an artifact in, at, or near the Light-
house upon the approval of the Commandant and 
under such conditions for the preservation and con-
servation of the Lens as the Commandant shall 
specify for purposes of this paragraph. Installation 
of the Lens under this paragraph shall occur, if at 
all, not later than two years after the date of the 
transfer of the Lens to the Township under sub-
section (a)(1). 
(3) REVERSION FOR FAILURE OF HISTORICAL 
PRESERVATION.—If retention of the Lens by the 
Township is authorized under paragraph (2) and the 
Township does not install the Lens in accordance 
with that paragraph within the time specified in that 
paragraph, the Township shall return the lens to the 
Coast Guard at no cost to the United States and 
under such conditions as the Commandant may re-
quire. 
(c) CONVEYANCE OF ADDITIONAL PERSONAL PROP-
ERTY.— 
(1) TRANSFER AND CONVEYANCE OF PERSONAL 
PROPERTY.—Notwithstanding any other provision of 
law, the Commandant may transfer to the Township
145 
any additional personal property of the United 
States related to the Lens that the Commandant 
considers appropriate for conveyance under this sec-
tion. If the Commandant conveys the Lens to the 
Township under subsection (a)(3), the Commandant 
may convey to the Township any personal property 
previously transferred to the Township under this 
subsection. 
(2) REVERSION.—If the Lens is returned to the 
Coast Guard pursuant to subsection (b), the Town-
ship shall return to the Coast Guard all personal 
property transferred or conveyed to the Township 
under this subsection except to the extent otherwise 
approved by the Commandant. 
(d) CONVEYANCE WITHOUT CONSIDERATION.—The 
conveyance of the Lens and any personal property under 
this section shall be without consideration. 
(e) DELIVERY
OF PROPERTY.—The Commandant 
shall deliver property conveyed under this section— 
(1) at the place where such property is located 
on the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States.
146 
(f) MAINTENANCE OF PROPERTY.—As a condition of 
the conveyance of any property to the Township under this 
section, the Commandant shall enter into an agreement 
with the Township under which the Township agrees— 
(1) to operate the Lens as a Class I private aid 
to navigation under section 85 of title 14, United 
States Code, and application regulations under that 
section; and 
(2) to hold the United States harmless for any 
claim arising with respect to personal property con-
veyed under this section. 
(g) LIMITATION ON FUTURE CONVEYANCE.—The in-
struments providing for the conveyance of property under 
this section shall— 
(1) require that any further conveyance of an 
interest in such property may not be made without 
the advance approval of the Commandant; and 
(2) provide that, if the Commandant determines 
that an interest in such property was conveyed with-
out such approval— 
(A) all right, title, and interest in such 
property shall revert to the United States, and 
the United States shall have the right to imme-
diate possession of such property; and
147 
(B) the recipient of such property shall pay 
the United States for costs incurred by the 
United States in recovering such property. 
(h) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyances authorized by 
this section as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CON-
VENTION AREA. 
Section 12113 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(j) A fishery endorsement is not required for a 
United States-documented purse seine tuna fishing vessel 
home ported in American Samoa while fishing exclusively 
for highly migratory species under a license issued pursu-
ant to the 1987 Treaty on Fisheries Between the Govern-
ments of Certain Pacific Island States and the Govern-
ment of the United States of America in the treaty area 
or in any portion of the United States exclusive economic 
zone bordering the treaty area.’’.
148 
SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 
GUARD PRESENCE IN HIGH LATITUDE RE-
GIONS. 
Within 270 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating 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 assessing the need for ad-
ditional Coast Guard prevention and response capability 
in the high latitude regions. The assessment shall address 
needs for all Coast Guard mission areas, including search 
and rescue, marine pollution response and prevention, 
fisheries enforcement, and maritime commerce. The Sec-
retary shall include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets, in-
cluding assets acquired under the Deepwater pro-
gram; 
(2) an assessment of projected needs for Coast 
Guard forward operating bases in the high latitude 
regions; 
(3) an assessment of shore infrastructure, per-
sonnel, logistics, communications, and resources re-
quirements to support Coast Guard forward oper-
ating bases in the high latitude regions;
149 
(4) an assessment of the need for high latitude 
icebreaking capability and the capability of the cur-
rent high latitude icebreaking assets of the Coast 
Guard, including— 
(A) whether the Coast Guard’s high lati-
tude icebreaking fleet is meeting current mis-
sion performance goals; 
(B) whether the fleet is capable of meeting 
projected mission performance goals; and 
(C) an assessment of the material condi-
tion, safety, and working conditions aboard 
high latitude icebreaking assets, including the 
effect of those conditions on mission perform-
ance; 
(5) a detailed estimate of acquisition costs for 
each of the assets (including shore infrastructure) 
necessary for additional prevention and response ca-
pability in high latitude regions for all Coast Guard 
mission areas, and an estimate of operations and 
maintenance costs for such assets for the initial 10- 
year period of operations; and 
(6) detailed cost estimates (including operating 
and maintenance for a period of 10 years) for high 
latitude icebreaking capability to ensure current and
150 
projected future mission performance goals are met, 
including estimates of the costs to— 
(A) renovate and modernize the Coast 
Guard’s existing high latitude icebreaking fleet; 
and 
(B) replace the Coast Guard’s existing 
high latitude icebreaking fleet. 
SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND 
SALVAGE CAPABILITY FOR OLYMPIC PENIN-
SULA COAST, WASHINGTON. 
No later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall study through the National 
Academy of Sciences the need for regional response vessel 
and salvage capability for the State of Washington Olym-
pic Peninsula coast. In conducting the study, the National 
Academy of Sciences shall consult with Federal, State, 
and tribal officials and other relevant stakeholders. The 
study shall— 
(1) identify the capabilities, equipment, and fa-
cilities necessary for a response vessel in the entry 
to the Strait of Juan de Fuca at Neah Bay in order 
to optimize oil spill protection on Washington’s 
Olympic Peninsula coast and provide rescue towing
151 
services, oil spill response, and salvage and fire-
fighting capabilities; 
(2) analyze the multimission capabilities nec-
essary for a rescue vessel and the need for that ves-
sel to utilize cached salvage, oil spill response, and 
oil storage equipment while responding to a spill or 
a vessel in distress, and make recommendations as 
to the placement of such equipment; 
(3) address scenarios that consider all vessel 
types and weather conditions and compare current 
Neah Bay rescue vessel capabilities, costs, and bene-
fits with other United States industry-funded re-
sponse vessels, including those currently operating in 
Alaska’s Prince William Sound; 
(4) determine whether the current level of pro-
tection afforded by the Neah Bay response vessel 
and associated response equipment is comparable to 
protection in other locations where response vessels 
operate, including Prince William Sound, Alaska, 
and if it is not comparable, make recommendations 
regarding how capabilities, equipment, and facilities 
should be modified to achieve optimum protection; 
and
152 
(5) consider pending firefighting and salvage 
regulations developed pursuant to the Oil Pollution 
Act of 1990. 
SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE 
COAST GUARD YARD IN CURTIS BAY, MARY-
LAND. 
Within six months after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate, a report detailing the 
projected workload for the current calendar year and each 
of the subsequent 5 calendar years at the Coast Guard 
Yard in Curtis Bay, Maryland, and the total full-time 
equivalents (FTE) to be supported by the account estab-
lished under section 648 of title 14, United States Code, 
(popularly known as the Yard Fund) in each such calendar 
year to meet that workload. The report shall— 
(1) detail work projects to be undertaken dur-
ing the current calendar year and during each of the 
next five calendar years as part of the Mission Ef-
fectiveness Program (MEP) and projects projected 
to be undertaken that are not associated with the 
MEP;
153 
(2) identify the number of regular full-time em-
ployees, term employees, and employees in any other 
classification that are projected to be employed in 
any capacity at the Yard in each such calendar year; 
(3) specify how many of the employees in any 
capacity that are expected to be employed at the 
Yard in each such year are expected to be uniformed 
members of the Coast Guard and how many are ex-
pected to be civilians; 
(4) identify how many employees in any capac-
ity (whether uniformed or civilian) are projected to 
be assigned in each such calendar year to each of 
overhead positions, engineering positions, waterfront 
support positions, and waterfront trade positions to 
meet projected workloads in that year; 
(5) identify the amount of overtime in each of 
overhead positions, engineering positions, waterfront 
support positions, and waterfront trade positions po-
sition that will be required to meet the projected 
workload in each such calendar year; 
(6) identify the number of trades training stu-
dents that are projected to be trained at the Yard 
in each such calendar year; and 
(7) address whether the FTE ceiling in place 
for the Yard is sufficient to allow all work projects
154 
scheduled for the current calendar year to be com-
pleted on schedule, and what level of FTE is likely 
to be required in each of the subsequent five cal-
endar years to allow completion on schedule of the 
projected workload in each of those years. 
SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
The Secretary of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a comprehen-
sive study on the proposed construction or alteration of 
any bridge, drawbridge, or causeway over navigable waters 
with a channel depth of 25 feet or greater of the United 
States that may impede or obstruct future navigation to 
or from port facilities. 
SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX 
CERTAIN SEAMEN. 
Section 11108(b)(2)(B) of title 46, United States 
Code, is amended to read as follows: 
‘‘(B) who performs regularly-assigned du-
ties while engaged as a master, officer, or crew-
man on a vessel operating on navigable waters 
in 2 or more States.’’.
155 
SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR 
BERMUDA. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat and after the Government of Haiti has 
exercised all of their options under section 411, the Com-
mandant of the Coast Guard shall give the Government 
of Bermuda a right-of-first-refusal for conveyance of that 
vessel to the Government of Bermuda, if that Government 
of Bermuda agrees— 
(1) to use the vessel for the Coast Guard of 
Bermuda; 
(2) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or national emergency; 
(3) to hold the United States Government 
harmless for any claims arising from exposure to 
hazardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from the use by the United 
States Government under paragraph (2); and 
(4) to any other conditions the Commandant 
considers appropriate. 
(b) LIMITATION.—The Commandant may not convey 
more than 3 vessels to the Government of Bermuda pursu-
ant to this section.
156 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver a vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of a 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)). 
SEC. 428. RECREATIONAL MARINE INDUSTRY. 
(a) EXCEPTION.—Section 2(3)(F) of the Longshore 
and Harbor Workers’ Compensation Act (33 U.S.C. 
902(3)) is amended to read as follows: 
‘‘(F) individuals who— 
‘‘(i) are employed to manufacture any 
recreational vessel under 165 feet in 
length; or
157 
‘‘(ii) are employed to repair any rec-
reational vessel, or to dismantle any part 
of any recreational vessel in connection 
with repair of the vessel;’’. 
(b) RECREATIONAL ENDORSEMENT.—Section 12114 
of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘(d) VESSELS MANUFACTURED BY CERTAIN INDI-
VIDUALS.—A vessel manufactured by individuals under 
the exception provided in section 2(3)(F) of the Longshore 
and Harbor Workers’ Compensation Act may only be 
issued a recreational vessel endorsement under this chap-
ter, and that restriction shall be noted on the certification 
of documentation issued under section 12105.’’. 
SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NAS-
SAU COUNTY, NEW YORK. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Police Department of Nassau County, New York 
(in this section referred to as the ‘‘Police Department’’), 
without consideration all right, title, and interest of the 
United States in and to two Coast Guard 41-foot patrol 
boats that the Commandant determines—
158 
(1) is appropriate for use by the Police Depart-
ment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Police De-
partment under which the Police Department agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Police Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver a vessel conveyed under the authority provided in 
subsection (a)— 
(1) at the place where the vessel is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and
159 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Police Department for use to enhance the 
operability of a vessel conveyed under the authority pro-
vided in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with a conveyance authorized by sub-
section (a) as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 430. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a study on the 
public health, safety, and environmental concerns related 
to the underground petroleum spill on the Brooklyn shore-
line of Newtown Creek, New York City, New York, in 
Greenpoint, Brooklyn, New York. 
(b) FULL-SITE CHARACTERIZATION
AND COLLEC-
TION OF NEW FIELD EVIDENCE.—In carrying out the 
study under this section, the Administrator shall conduct 
a full-site characterization of the underground petroleum 
spill, including the investigation, collection, and analysis
160 
of new and updated data and field evidence on the extent 
of the petroleum spill, including any portion of the spill 
that has been diluted into surrounding waters, and any 
surrounding soil contamination or soil vapor contamina-
tion. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
a report containing the results of the study to the Com-
mittee on Environment and Public Works and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000. 
SEC. 431. LAND CONVEYANCE, COAST GUARD PROPERTY IN 
MARQUETTE COUNTY, MICHIGAN, TO THE 
CITY OF MARQUETTE, MICHIGAN. 
(a) CONVEYANCE AUTHORIZED.—The Commandant 
of the Coast Guard may convey, without consideration, to 
the City of Marquette, Michigan (in this section referred 
to as the ‘‘City’’), all right, title, and interest of the United 
States in and to a parcel of real property, together with 
any improvements thereon, located in Marquette County, 
Michigan, that is under the administrative control of the
161 
Coast Guard, consists of approximately 5.5 acres, and is 
commonly identified as Coast Guard Station Marquette 
and Lighthouse Point. 
(b) RETENTION OF CERTAIN EASEMENTS.—In con-
veying the property under subsection (a), the Com-
mandant of the Coast Guard may retain such easements 
over the property as the Commandant considers appro-
priate for access to aids to navigation. 
(c) LIMITATIONS.—The property to be conveyed by 
subsection (a) may not be conveyed under that subsection 
until— 
(1) the Coast Guard has relocated Coast Guard 
Station Marquette to a newly constructed station; 
(2) any environmental remediation required 
under Federal law with respect to the property has 
been completed; 
(3) the Commandant of the Coast Guard deter-
mines that retention of the property by the United 
States is not required to carry out Coast Guard mis-
sions or functions. 
(d) CONDITIONS
OF
TRANSFER.—All conditions 
placed within the deed of title of the property to be con-
veyed under subsection (a) shall be construed as covenants 
running with the land.