105TH CONGRESS
2D SESSION
H.R. 2204
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
October 15, 1998.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 2204) entitled ‘‘An Act to authorize
appropriations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes’’, with the following
AMENDMENT:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.
TITLE II—COAST GUARD MANAGEMENT
Sec. 201. Severance pay.
Sec. 202. Authority to implement and fund certain awards programs.
Sec. 203. Use of appropriated funds for commercial vehicles at military funerals.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Law enforcement authority for special agents of the Coast Guard Inves-
tigative Service.
Sec. 206. Report on excess Coast Guard property.
Sec. 207. Fees for navigation assistance service.
Sec. 208. Aids to navigation report.
TITLE III—MARINE SAFETY
Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
Sec. 304. Alcohol testing.
Sec. 305. Protect marine casualty investigations from mandatory release.
Sec. 306. Safety management code report and policy.
Sec. 307. Oil and hazardous substance definition and report.
Sec. 308. National Marine Transportation System.
Sec. 309. Availability and use of EPIRBS for recreational vessels.
Sec. 310. Search and rescue helicopter coverage.
Sec. 311. Petroleum transportation.
Sec. 312. Seasonal Coast Guard helicopter air rescue capability.
Sec. 313. Ship reporting systems.
TITLE IV—MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, Jacksonville, Flor-
ida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University in
Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver Site,
Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill prevention and
response activities.
Sec. 412. Vessels not seagoing motor vessels.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, Michigan.
Sec. 415. Interim authority for dry bulk cargo residue disposal.
Sec. 416. Conveyance of lighthouses.
Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.
Sec. 418. Conveyance of decommissioned Coast Guard vessels.
Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the Interior.
Sec. 421. Vessel documentation clarification.
Sec. 422. Dredge clarification.
Sec. 423. Double hull alternative designs study.
Sec. 424. Vessel sharing agreements.
Sec. 425. Reports.
Sec. 426. Report on tonnage calculation methodology.
Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.
Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, JOHN
HENRY.
Sec. 429. Applicability of authority to release restrictions and encumbrances.
Sec. 430. Barge APL–60.
Sec. 431. Vessel financing flexibility.
Sec. 432. Hydrographic functions.
TITLE V—ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS
Sec. 501. Findings.
Sec. 502. Administrative waiver of coastwise trade laws.
Sec. 503. Revocation.
Sec. 504. Definitions.
Sec. 505. Sunset.
TITLE VI—HARMFUL ALGAL BLOOMS AND HYPOXIA
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. Authorization of appropriations.
Sec. 606. Protection of States’ rights.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the
Coast Guard—
(A) for fiscal year 1998, $2,715,400,000;
and
(B) for fiscal year 1999, $2,854,700,000; of
which $25,000,000 shall be derived each fiscal
year from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 and of which not
less than $408,000,000 shall be available for ex-
penses related to drug interdiction.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto—
(A) for fiscal year 1998, $399,850,000, of
which $2,000,000 shall be made available for
concept evaluation for a replacement vessel for
the Coast Guard icebreaker MACKINAW; and
(B) for fiscal year 1999, $510,300,000, of
which $5,300,000 shall be made available to
complete the conceptual design for a replacement
vessel for the Coast Guard icebreaker MACKI-
NAW;
to remain available until expended, of which
$20,000,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollution Act of
1990 and of which not less than $62,000,000 shall be
available for expenses related to drug interdiction.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness—
(A) for fiscal year 1998, $19,000,000; and
(B) for fiscal year 1999, $18,300,000;
to remain available until expended, of which
$3,500,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollution Act of
1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code—
(A) for fiscal year 1998, $653,196,000; and
(B) for fiscal year 1999, $691,493,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program—
(A) for fiscal year 1998, $17,000,000; and
(B) for fiscal year 1999, $26,000,000,
to remain available until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $26,000,000 for each of fiscal years 1998 and
1999, to remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty personnel
of—
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
(b) MILITARY TRAINING STUDENT LOADS.—The Coast
Guard is authorized average military training student
loads as follows:
(1) For recruit and special training—
(A) for fiscal year 1998, 1,424 student
years; and
(B) for fiscal year 1999, 1,424 student
years.
(2) For flight training—
(A) for fiscal year 1998, 98 student years;
and
(B) for fiscal year 1999, 98 student years.
(3) For professional training in military and ci-
vilian institutions—
(A) for fiscal year 1998, 283 student years;
and
(B) for fiscal year 1999, 283 student years.
(4) For officer acquisition—
(A) for fiscal year 1998, 814 student years;
and
(B) for fiscal year 1999, 810 student years.
SEC. 103. LORAN-C.
(a) FISCAL YEAR 1999.—There are authorized to be
appropriated to the Department of Transportation, in ad-
dition to the funds authorized for the Coast Guard for oper-
ation of the LORAN-C System, for capital expenses related
to LORAN-C navigation infrastructure, $10,000,000 for fis-
cal year 1999. The Secretary of Transportation may trans-
fer from the Federal Aviation Administration and other
agencies of the department funds appropriated as author-
ized under this section in order to reimburse the Coast
Guard for related expenses.
(b) COST-SHARING PLAN.—Not later than 6 months
after the date of enactment of this Act, the Secretary of
Transportation shall develop and submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a plan for cost-sharing ar-
rangements among Federal agencies for such capital and
operating expenses related to LORAN-C navigation infra-
structure, including such expenses of the Coast Guard and
the Federal Aviation Administration.
TITLE II—COAST GUARD
MANAGEMENT
SEC. 201. SEVERANCE PAY.
(a) WARRANT OFFICERS.—Section 286a(d) of title 14,
United States Code, is amended by striking the last sen-
tence.
(b) SEPARATED OFFICERS.—Section 286a of title 14,
United States Code, is amended by striking the period at
the end of subsection (b) and inserting ‘‘, unless the Sec-
retary determines that the conditions under which the offi-
cer is discharged or separated do not warrant payment of
that amount of severance pay.’’.
(c) EXCEPTION.—Section 327 of title 14, United States
Code, is amended by striking the period at the end of para-
graph (b)(3) and inserting ‘‘, unless the Secretary deter-
mines that the conditions under which the officer is dis-
charged or separated do not warrant payment of that
amount of severance pay.’’.
‘‘(b) The Commandant may designate to have the au-
thority provided under subsection (a) any special agent of
the Coast Guard Investigative Service whose duties include
conducting, supervising, or coordinating investigation of
criminal activity in programs and operations of the United
States Coast Guard.
‘‘(c) The authority provided under subsection (a) shall
be exercised in accordance with guidelines prescribed by the
Commandant and approved by the Attorney General and
any other applicable guidelines prescribed by the Secretary
of Transportation or the Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 14, United States Code,
is amended by striking the item related to section 95 and
inserting the following:
‘‘95. Special agents of the Coast Guard Investigative Service law enforcement au-
thority.’’.
SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.
Not later than 9 months after the date of enactment
of this Act, the Administrator of the General Services Ad-
ministration and the Commandant of the Coast Guard shall
submit to the Congress a report on the current procedures
used to dispose of excess Coast Guard property and provide
recommendations to improve such procedures. The rec-
ommendations shall take into consideration measures that
would—
(1) improve the efficiency of such procedures;
(2) improve notification of excess property deci-
sions to and enhance the participation in the prop-
erty disposal decisionmaking process of the States,
local communities, and appropriate non-profit orga-
nizations;
(3) facilitate the expeditious transfer of excess
property for recreation, historic preservation, edu-
cation, transportation, or other uses that benefit the
general public; and
(4) ensure that the interests of Federal taxpayers
are protected.
SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.
Section 2110 of title 46, United States Code, is amend-
ed by adding at the end thereof the following:
‘‘(k) The Secretary may not plan, implement or final-
ize any regulation that would promulgate any new mari-
time user fee which was not implemented and collected
prior to January 1, 1998, including a fee or charge for any
domestic icebreaking service or any other navigational as-
sistance service. This subsection expires on September 30,
2001.’’.
SEC. 208. AIDS TO NAVIGATION REPORT.
Not later than 18 months after the date of enactment
of this Act, the Commandant of the Coast Guard shall sub-
mit to Congress a report on the use of the Coast Guard’s
aids to navigation system. The report shall include an anal-
ysis of the respective use of the aids to navigation system
by commercial interests, members of the general public for
personal recreation, Federal and State government for pub-
lic safety, defense, and other similar purposes. To the extent
practicable within the time allowed, the report shall include
information regarding degree of use of the various portions
of the system.
TITLE III—MARINE SAFETY
SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN
LAWS.
(a) PORTS AND WATERWAYS SAFETY ACT.—Section
102 of the Ports and Waterways Safety Act (33 U.S.C.
1222) is amended by adding at the end the following:
‘‘(5) ‘Navigable waters of the United States’ in-
cludes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988.’’.
(b) SUBTITLE II OF TITLE 46.—
(1) Section 2101 of title 46, United States Code,
is amended—
(A) by redesignating paragraph (17a) as
paragraph (17b); and
(B) by inserting after paragraph (17) the
following:
‘‘(17a) ‘navigable waters of the United States’
includes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988.’’.
(2) Section 2301 of that title is amended by in-
serting ‘‘(including the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988)’’ after ‘‘of the United States’’.
(3) Section 4102(e) of that title is amended by
striking ‘‘operating on the high seas’’ and inserting
‘‘owned in the United States and operating beyond 3
nautical miles from the baselines from which the ter-
ritorial sea of the United States is measured’’.
(4) Section 4301(a) of that title is amended by
inserting ‘‘(including the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988)’’ after ‘‘of the United States’’.
(5) Section 4502(a)(7) of that title is amended
by striking ‘‘on the high seas’’ and inserting ‘‘beyond
3 nautical miles from the baselines from which the
territorial sea of the United States is measured, and
which are owned in the United States’’.
(6) Section 4506(b) of that title is amended by
striking paragraph (2) and inserting the following:
‘‘(2) is operating—
‘‘(A) in internal waters of the United
States; or
‘‘(B) within 3 nautical miles from the base-
lines from which the territorial sea of the United
States is measured.’’.
(7) Section 8502(a)(3) of that title is amended
by striking ‘‘not on the high seas’’ and inserting: ‘‘not
beyond 3 nautical miles from the baselines from
which the territorial sea of the United States is meas-
ured’’.
(8) Section 8503(a)(2) of that title is amended
by striking paragraph (2) and inserting the following:
‘‘(2) operating—
‘‘(A) in internal waters of the United
States; or
‘‘(B) within 3 nautical miles from the base-
lines from which the territorial sea of the United
States is measured.’’.
SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE
OPERATION OF A VESSEL.
(a) IN GENERAL.—Section 2302 of title 46, United
States Code, is amended—
(1) by amending the section heading to read as
follows:
‘‘§ 2302. Penalties for negligent operations and inter-
fering with safe operation’’;
and
(2) in subsection (a) by striking ‘‘that endan-
gers’’ and inserting ‘‘or interfering with the safe oper-
ation of a vessel, so as to endanger’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 23 of title 46, United States Code,
is amended by striking the item relating to section 2302
and inserting the following:
‘‘2302. Penalties for negligent operations and interfering with safe operation.’’.
SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amend-
ed to read as follows:
‘‘§ 9307. Great Lakes Pilotage Advisory Committee
‘‘(a) The Secretary shall establish a Great Lakes Pilot-
age Advisory Committee. The Committee—
‘‘(1) may review proposed Great Lakes pilotage
regulations and policies and make recommendations
to the Secretary that the Committee considers appro-
priate;
‘‘(2) may advise, consult with, report to, and
make recommendations to the Secretary on matters
relating to Great Lakes pilotage;
SEC. 304. ALCOHOL TESTING.
(a) ADMINSTRATIVE PROCEDURE.—Section 7702 of
title 46, United States Code, is amended by striking the
second sentence of subsection (c)(2) and inserting the follow-
ing: ‘‘The testing may include preemployment (with respect
to dangerous drugs only), periodic, random, and reasonable
cause testing, and shall include post-accident testing.’’.
(b) INCREASE IN CIVIL PENALTY.—Section 2115 of
title 46, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘$5,000’’.
(c) INCREASE
IN NEGLIGENCE PENALTY.—Section
2302(c)(1) of title 46, United States Code, is amended by
striking ‘‘$1,000 for a first violation and not more than
$5,000 for a subsequent violation; or’’ and inserting
‘‘$5,000; or’’.
(d) POST SERIOUS MARINE CASUALTY TESTING.—
(1) Chapter 23 of title 46, United States Code,
is amended by inserting after section 2303 the follow-
ing:
‘‘§2303a. Post serious marine casualty alcohol testing
‘‘(a) The Secretary shall establish procedures to ensure
that after a serious marine casualty occurs, alcohol testing
of crew members or other persons responsible for the oper-
ation or other safety-sensitive functions of the vessel or ves-
sels involved in such casualty is conducted no later than
2 hours after the casualty occurs, unless such testing cannot
be completed within that time due to safety concerns di-
rectly related to the casualty.
‘‘(b) The procedures in subsection (a) shall require that
if alcohol testing cannot be completed within 2 hours of the
occurrence of the casualty, such testing shall be conducted
as soon thereafter as the safety concerns in subsection (a)
have been adequately addressed to permit such testing, ex-
cept that such testing may not be required more than 8
hours after the casualty occurs.’’.
(2) The table of sections at the beginning of
chapter 23 of title 46, United States Code, is amended
by inserting after the item related to section 2303 the
following:
‘‘2303a. Post serious marine casualty alcohol testing.’’.
SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS
FROM MANDATORY RELEASE.
Section 6305(b) of title 46, United States Code, is
amended by striking all after ‘‘public’’ and inserting a pe-
riod and ‘‘This subsection does not require the release of
information described by section 552(b) of title 5 or pro-
tected from disclosure by another law of the United States.’’.
SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POL-
ICY.
(a) REPORT ON IMPLEMENTATION AND ENFORCEMENT
OF THE INTERNATIONAL SAFETY MANAGEMENT CODE.—
(1) The Secretary of Transportation (in this sec-
tion referred to as the ‘‘Secretary’’) shall conduct a
study—
(A) reporting on the status of implementa-
tion of the International Safety Management
Code (hereinafter referred to in this section as
‘Code’);
(B) detailing enforcement actions involving
the Code, including the role documents and re-
ports produced pursuant to the Code play in
such enforcement actions;
(C) evaluating the effects the Code has had
on marine safety and environmental protection,
and identifying actions to further promote ma-
rine safety and environmental protection through
the Code;
(D) identifying actions to achieve full com-
pliance with and effective implementation of the
Code; and
(E) evaluating the effectiveness of internal
reporting and auditing under the Code, and rec-
ommending actions to ensure the accuracy and
candidness of such reporting and auditing.
These recommended actions may include proposed
limits on the use in legal proceedings of documents
produced pursuant to the Code.
(2) The Secretary shall provide opportunity for
the public to participate in and comment on the
study conducted under paragraph (1).
(3) Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to
the Congress a report on the results of the study con-
ducted under paragraph (1).
(b) POLICY.—
(1) Not later than 9 months after submission of
the report in subsection (a)(3), the Secretary shall de-
velop a policy to achieve full compliance with and ef-
fective implementation of the Code. The policy may
include—
(A) enforcement penalty reductions and
waivers, limits on the use in legal proceedings of
documents produced pursuant to the Code, or
other incentives to ensure accurate and candid
reporting and auditing;
(B) any other measures to achieve full com-
pliance with and effective implementation of the
Code; and
(C) if appropriate, recommendations to
Congress for any legislation necessary to imple-
ment one or more elements of the policy.
(2) The Secretary shall provide opportunity for
the public to participate in the development of the
policy in paragraph (1).
(3) Upon completion of the policy in paragraph
(1), the Secretary shall publish the policy in the Fed-
eral Register and provide opportunity for public com-
ment on the policy.
SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION
AND REPORT.
(a) DEFINITION OF OIL.—Section 1001(23) of the Oil
Pollution Act of 1990 (33 U.S.C. 2701(23)) is amended to
read as follows:
‘‘(23) ‘oil’ means oil of any kind or in any form,
including petroleum, fuel oil, sludge, oil refuse, and
oil mixed with wastes other than dredged spoil, but
does not include any substance which is specifically
listed or designated as a hazardous substance under
subparagraphs (A) through (F) of section 101(14) of
the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601) and
which is subject to the provisions of that Act;’’.
(b) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Commandant of the Coast
Guard shall submit a report to the Congress on the status
of the joint evaluation by the Coast Guard and the Environ-
mental Protection Agency of the substances to be classified
as oils under the Federal Water Pollution Control Act and
title I of the Oil Pollution Act of 1990, including opportuni-
ties provided for public comment on the evaluation.
SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.
(a) IN GENERAL.—The Secretary of Transportation,
through the Coast Guard and the Maritime Administration,
shall, in consultation with the National Ocean Service of
the National Oceanic and Atmospheric Administration, the
Corps of Engineers, and other interested Federal agencies
and departments, establish a task force to assess the ade-
quacy of the nation’s marine transportation system (includ-
ing ports, waterways, harbor approach channels, and their
intermodal connections) to operate in a safe, efficient, se-
cure, and environmentally sound manner.
(b) TASK FORCE.—
(1) The task force shall be chaired by the Sec-
retary of Transportation or his designee and may be
comprised of the representatives of interested Federal
agencies and departments and such other nonfederal
entities as the Secretary deems appropriate.
(2) The provisions of the Federal Advisory Com-
mittee Act shall not apply to the task force.
(c) ASSESSMENT.—
(1) In carrying out the assessment under this
section, the task force shall examine critical issues
and develop strategies, recommendations, and a plan
for action. Pursuant to such examination and devel-
opment, the task force shall—
(A) take into account the capability of the
marine transportation system, the adequacy of
depth of approach channels and harbors, and the
cost to the Federal Government to accommodate
projected increases in foreign and domestic traf-
fic over the next 20 years;
(B) consult with senior public and private
sector officials, including the users of that sys-
tem, such as ports, commercial carriers, ship-
pers, labor, recreational boaters, fishermen, and
environmental organizations;
(C) sponsor public and private sector activi-
ties to further refine and implement (under ex-
isting authority) the strategies, recommenda-
tions, and plan for action;
(D) evaluate the capability to dispose of
dredged materials that will be produced to ac-
commodate projected increases referred to in sub-
paragraph (A); and
(E) evaluate the future of the navigational
aid system including the use of virtual aids to
navigation on electronic charts.
(2) The Secretary shall report to Congress on the
results of the assessment no later than July 1, 1999.
The report shall reflect the views of both the public
and private sectors. The Task Force shall cease to
exist upon submission of the report in this paragraph.
SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR REC-
REATIONAL VESSELS.
The Secretary of Transportation, through the Coast
Guard and in consultation with the National Transpor-
tation Safety Board and recreational boating organiza-
tions, shall, within 24 months of the date of enactment of
this Act, assess and report to Congress on the use of emer-
gency position indicating beacons (EPIRBs) and similar
devices by operators of recreational vessels on the Intra-
coastal Waterway and operators of recreational vessels be-
yond the Boundary Line. The assessment shall at a mini-
mum—
(1) evaluate the current availability and use of
EPIRBs and similar devices by the operators of rec-
reational vessels and the actual and potential con-
tribution of such devices to recreational boating safe-
ty; and
(2) provide recommendations on policies and
programs to encourage the availability and use of
EPIRBS and similar devices by the operators of rec-
reational vessels.
SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.
Not later than 9 months after the date of enactment
of this Act, the Commandant shall submit a report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives—
(1) identifying waters out to 50 miles from the
territorial sea of Maine and other States that cannot
currently be served by a Coast Guard search and res-
cue helicopter within 2 hours of a report of distress
or request for assistance from such waters;
(2) providing options for ensuring that all wa-
ters of the area referred to in paragraph (1) can be
served by a Coast Guard search and rescue helicopter
within 2 hours of a report of distress or request for
assistance from such waters;
(3) providing an analysis assessing the overall
capability of Coast Guard search and rescue assets to
serve each area referred to in paragraph (1) within
2 hours of a report of distress or request for assistance
from such waters; and
(4) identifying, among any other options the
Commandant may provide as required by paragraph
(2), locations in the State of Maine that may be suit-
able for the stationing of a Coast Guard search and
rescue helicopter and crew, including any Coast
Guard facility in Maine, the Bangor Air National
Guard Base, and any other locations.
SEC. 311. PETROLEUM TRANSPORTATION.
(a) DEFINITIONS.—In this section:
(1) FIRST COAST GUARD DISTRICT.—The term
‘‘First Coast Guard District’’ means the First Coast
Guard District described in section 3.05-1(b) of title
33, Code of Federal Regulations.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the department in which the Coast
Guard is operating.
(3) WATERS
OF
THE
NORTHEAST.—The term
‘‘waters of the Northeast’’—
(A) means the waters subject to the jurisdic-
tion of the First Coast Guard District; and
(B) includes the waters of Long Island
Sound.
(b) REGULATIONS RELATING
TO WATERS
OF
THE
NORTHEAST.—
(1) TOWING VESSEL AND BARGE SAFETY FOR WA-
TERS OF THE NORTHEAST.—
(A) IN GENERAL.—Not later than December
31, 1998, the Secretary shall promulgate regula-
tions for towing vessel and barge safety for the
waters of the Northeast.
(B) 
INCORPORATION
OF
RECOMMENDA-
TIONS.—
(i) IN GENERAL.—Except as provided
in clause (ii), the regulations promulgated
under this paragraph shall give full consid-
eration to each of the recommendations for
regulations contained in the report entitled
‘‘Regional Risk Assessment of Petroleum
Transportation in the Waters of the North-
east United States’’ issued by the Regional
Risk Assessment Team for the First Coast
Guard District on February 6, 1997, and
the Secretary shall provide a detailed expla-
nation if any recommendation is not adopt-
ed.
(ii) EXCLUDED RECOMMENDATIONS.—
The regulations promulgated under this
paragraph shall not incorporate any rec-
ommendation referred to in clause (i) that
relates to anchoring or barge retrieval sys-
tems.
(2) ANCHORING
AND
BARGE
RETRIEVAL
SYS-
TEMS.—
(A) IN GENERAL.—Not later than November
30, 1998, the Secretary shall promulgate regula-
tions under section 3719 of title 46, United
States Code, for the waters of the Northeast, that
shall give full consideration to each of the rec-
ommendations made in the report referred to in
paragraph (1)(B)(i) relating to anchoring and
barge retrieval systems, and the Secretary shall
provide a detailed explanation if any rec-
ommendation is not adopted.
(B) RULE OF CONSTRUCTION.—Nothing in
subparagraph (A) prevents the Secretary from
promulgating interim final regulations that
apply throughout the United States relating to
anchoring and barge retrieval systems that con-
tain requirements that are as stringent as the re-
quirements of the regulations promulgated under
subparagraph (A).
SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RES-
CUE CAPABILITY.
The Secretary of Transportation is authorized to take
appropriate actions to ensure the establishment and oper-
ation by the Coast Guard of a helicopter air rescue capabil-
ity that—
(1) is located at Gabreski Airport, Westhampton,
New York; and
(2) provides air rescue capability from that loca-
tion from April 15 to October 15 each year.
SEC. 313. SHIP REPORTING SYSTEMS.
Section 11 of the Ports and Waterways Safety Act
(Public Law 92-340; 33 U.S.C. 1230), is amended by add-
ing at the end of the following:
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in
cooperation with the International Maritime Organization,
is authorized to implement and enforce two mandatory ship
reporting systems, consistent with international law, with
respect to vessels subject to such reporting systems entering
the following areas of the Atlantic Ocean: Cape Cod Bay,
Massachusetts Bay, and Great South Channel (in the area
generally bounded by a line starting from a point on Cape
Ann, Massachusetts at 42 deg. 39’ N., 70 deg. 37’ W; then
northeast to 42 deg. 45’ N., 70 deg. 13’ W; then southeast
to 42 deg. 10’ N., 68 deg. 31 W, then south to 41 deg. 00’
N., 68 deg. 31’ W; then west to 41 deg. 00’ N., 69 deg. 17’
W; then northeast to 42 deg. 05’ N., 70 deg. 02’ W, then
west to 42 deg. 04’ N., 70 deg. 10’ W; and then along the
Massachusetts shoreline of Cape Cod Bay and Massachu-
setts Bay back to the point on Cape Ann at 42 deg. 39’
N., 70 deg. 37’ W) and in the coastal waters of the South-
eastern United States within about 25 nm along a 90 nm
stretch of the Atlantic seaboard (in an area generally ex-
tending from the shoreline east to longitude 80 deg. 51.6’
W with the southern and northern boundary at latitudes
30 deg. 00’ N., 31 deg. 27’ N., respectively).’’.
TITLE IV—MISCELLANEOUS
SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.
(a) IN GENERAL.—Chapter 121 of title 46, United
States Code, is amended—
(1) by striking ‘‘or is not titled in a State’’ in
section 12102(a);
(2) by adding at the end thereof the following:
‘‘§12124. Surrender of title and number
‘‘(a) A documented vessel shall not be titled by a State
or required to display numbers under chapter 123, and any
certificate of title issued by a State for a documented vessel
shall be surrendered in accordance with regulations pre-
scribed by the Secretary of Transportation.
‘‘(b) The Secretary may approve the surrender under
subsection (a) of a certificate of title for a vessel covered
by a preferred mortgage under section 31322(d) of this title
only if the mortgagee consents.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 121 of title 46, United States Code, is amended
by adding at the end thereof the following:
‘‘12124. Surrender of title and number.’’.
(c) OTHER AMENDMENTS.—Title 46, United States
Code, is amended—
(1) by striking section 31322(b) and inserting
the following:
‘‘(b) Any indebtedness secured by a preferred mortgage
that is filed or recorded under this chapter, or that is subject
to a mortgage, security agreement, or instruments granting
a security interest that is deemed to be a preferred mortgage
under subsection (d) of this section, may have any rate of
interest to which the parties agree.’’;
(2) by striking ‘‘mortgage or instrument’’ each
place it appears in section 31322(d)(1) and inserting
‘‘mortgage, security agreement, or instrument’’;
(3) by striking section 31322(d)(3) and inserting
the following:
‘‘(3) A preferred mortgage under this subsection
continues to be a preferred mortgage even if the vessel
is no longer titled in the State where the mortgage,
security agreement, or instrument granting a security
interest became a preferred mortgage under this sub-
section.’’;
(4) by striking ‘‘mortgages or instruments’’ in
subsection 31322(d)(2) and inserting ‘‘mortgages, se-
curity agreements, or instruments’’;
(5) by inserting ‘‘a vessel titled in a State,’’ in
section 31325(b)(1) after ‘‘a vessel to be documented
under chapter 121 of this title,’’;
(6) by inserting ‘‘a vessel titled in a State,’’ in
section 31325(b)(3) after ‘‘a vessel for which an appli-
cation for documentation is filed under chapter 121
of this title,’’; and
(7) by inserting ‘‘a vessel titled in a State,’’ in
section 31325(c) after ‘‘a vessel to be documented
under chapter 121 of this title,’’.
SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAIN-
ING FACILITY, JACKSONVILLE, FLORIDA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) the land and improvements thereto compris-
ing the Coast Guard Reserve training facility in
Jacksonville, Florida, is deemed to be surplus prop-
erty; and
(2) the Commandant of the Coast Guard shall
dispose of all right, title, and interest of the United
States in and to that property, by sale, at fair market
value.
(b) RIGHT OF FIRST REFUSAL.—Before a sale is made
under subsection (a) to any other person, the Commandant
of the Coast Guard shall give to the city of Jacksonville,
Florida, the right of first refusal to purchase all or any
part of the property required to be sold under that sub-
section.
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.
(a) GENERAL WAIVER.—Notwithstanding section 27 of
the Merchant Marine Act, 1920 (46 App. U.S.C. 883), sec-
tion 8 of the Act of June 19, 1886 (46 App. U.S.C. 289),
and sections 12106 and 12108 of title 46, United States
Code, the Secretary of Transportation may issue a certifi-
cate of documentation with appropriate endorsement for
each of the following vessels:
(1) SEAGULL (United States official number
1038605).
(2) BAREFOOT CONTESA (United States offi-
cial number 285410).
(3) PRECIOUS METAL (United States official
number 596316).
(4) BLUE HAWAII (State of Florida registra-
tion number FL0466KC).
(5) SOUTHERN STAR (United States official
number 650774).
(6) KEEWAYDIN (United States official num-
ber 662066).
(7) W.G. JACKSON (United States official
number 1047199).
(8) The vessel known as hopper barge E–15
(North Carolina State official number 264959).
(9) MIGHTY JOHN III (formerly the NIAG-
ARA 
QUEEN, 
Canadian 
registration 
number
318746).
(10) MAR Y PAZ (United States official number
668179).
(11) SAMAKEE (State of New York registration
number NY 4108 FK).
(12) NAWNSENSE (United States official num-
ber 977593).
(13) ELMO (State of Florida registration num-
ber FL5337BG).
(14) MANA-WANUI (United States official
number 286657).
(15) OLD JOE (formerly TEMPTRESS; United
States official number 991150).
(16) M/V BAHAMA PRIDE (United States offi-
cial number 588647).
(17) WINDWISP (United States official number
571621).
(18) SOUTHLAND (United States official num-
ber 639705).
(19) FJORDING (United States official number
594363).
(20) M/V SAND ISLAND (United States official
number 542918).
(21) PACIFIC MONARCH (United States offi-
cial number 557467).
(22) FLAME (United States official number
279363).
(23) DULARGE (United States official number
653762).
(24) DUSKEN IV (United States official num-
ber 952645).
(25) SUMMER BREEZE (United States official
number 552808).
(26) ARCELLA (United States official number
1025983).
(27) BILLIE-B-II (United States official num-
ber 982069).
(28) VESTERHAVET (United States official
number 979206).
(29) BETTY JANE (State of Virginia registra-
tion number VA 7271 P).
(30) VORTICE, Bari, Italy, registration number
256.
(31) The barge G. L. 8 (Canadian official num-
ber 814376).
(32) YESTERDAYS DREAM (United States of-
ficial number 680266).
(33) ENFORCER (United States official number
502610).
(34) The vessel registered as State of Oregon reg-
istration number OR 766 YE.
(35) AMICI (United States official number
658055).
(36) ELIS (United States official number
628358).
(37) STURE (United States official number
617703).
(38) CAPT GRADY (United States official num-
ber 626257).
(39) Barge number 1 (United States official
number 933248).
(40) Barge number 2 (United States official
number 256944).
(41) Barge number 14 (United States official
number 501212).
(42) Barge number 18 (United States official
number 297114).
(43) Barge number 19 (United States official
number 503740).
(44) Barge number 21 (United States official
number 650581).
(45) Barge number 22 (United States official
number 650582).
(46) Barge number 23 (United States official
number 650583).
(47) Barge number 24 (United States official
number 664023).
(48) Barge number 25 (United States official
number 664024).
(49) Barge number 26 (United States official
number 271926).
(50) FULL HOUSE (United States official
number 1023827).
(51) EMBARCADERO (United States official
number 669327).
(52) S.A., British Columbia (Canada official
number 195214).
(53) FAR HORIZONS (United States official
number 1044011).
(54) LITTLE TOOT (United States official
number 938858).
(55) EAGLE FEATHERS (United States offi-
cial number 1020989).
(56) ORCA (United States official number
665270).
(57) TAURUS (United States official number
955814).
(58) The barge KC–251 (United States official
number CG019166; National Vessel Documentation
Center number 1055559).
(59) VIKING (United States official number
224430).
(60) SARAH B (United States official number
928431).
(b) FALLS POINT.—Notwithstanding section 27 of
the Merchant Marine Act, 1920 (46 U.S.C. App. 883), sec-
tion 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 of Transportation may issue a certificate of docu-
mentation with appropriate endorsement for employment
in the coastwise trade for the vessel FALLS POINT, State
of Maine registration number ME 5435 E.
(c) COASTAL TRADER.—Section 1120(g) of the
Coast Guard Authorization Act of 1996 (Public Law 104–
324; 110 Stat. 3978) is amended by inserting ‘‘COASTAL
TRADER (United States official number 683227),’’ after
‘‘vessels’’.
(d) NINA, PINTA, AND SANTA MARIA REPLICAS.—
(1) 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 Secretary may issue a certificate of docu-
mentation with appropriate endorsement for employ-
ment in the coastwise trade only for the purpose of
carrying passengers for hire for each of the vessels
listed in paragraph (2).
(2) VESSEL DESCRIPTIONS.—The vessels referred
to in paragraph (1) are the following:
(A) NINA (United States Coast Guard ves-
sel identification number CG034346).
(B) PINTA (United States Coast Guard
vessel identification number CG034345).
(C) NAO SANTA MARIA (United States
Coast 
Guard 
vessel 
identification 
number
CG034344).
(e) DOCUMENTATION OF VESSEL COLUMBUS.—
(1) IN GENERAL.—Notwithstanding section 27 of
the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
sections 12102 and 12106 of title 46, United States
Code, and the endorsement limitation in section
5501(a)(2)(B) of Public Law 102–587, and subject to
paragraph (2), the Secretary of Transportation may
issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade
for the vessel COLUMBUS (United States official
number 590658).
(2) LIMITATION.—Coastwise trade referred to in
paragraph (1) may not include the transportation of
dredged material from a project in which the stated
intent of the Corps of Engineers, in its Construction
Solicitation, or of another contracting entity, is that
the dredged material is—
(A) to be deposited above mean high tide for
the purpose of beach nourishment;
(B) to be deposited into a fill area for the
purpose of creation of land for an immediate use
identified in the Construction Solicitation other
than disposal of the dredged material; or
(C) for the intention of immediate sale or
resale unrelated to disposal.
(f) FOILCAT.—
(1) 
IN
GENERAL.—Notwithstanding 
sections
12106 and 12108 of title 46, United States Code, sec-
tion 8 of the Passenger Vessel Act (46 U.S.C. App.
289), and section 27 of the Merchant Marine Act,
1920 (46 U.S.C. App. 883), the Secretary of Trans-
portation may issue a certificate of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel FOILCAT (United
States official number 1063892). The endorsement
shall provide that the vessel shall operate under the
certificate of documentation only within the State of
Hawaii and that the vessel shall not operate on any
route served by a passenger ferry as of the date the
Secretary of Transportation issues a certificate of
documentation under this Act.
(2) 
TERMINATION.—The 
endorsement 
issued
under paragraph (1) shall be in effect for the vessel
FOILCAT for the period—
(A) beginning on the date on which the ves-
sel is placed in service to initiate a high-speed
marine ferry demonstration project sponsored by
the State of Hawaii; and
(B) ending on the last day of the 36th
month beginning after the date on which it be-
came effective under subparagraph (A).
SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUN-
TY, MASSACHUSETTS.
(a) IN GENERAL.—The Commandant of the Coast
Guard, may convey, by an appropriate means of convey-
ance, all right, title, and interest of the United States in
and to the United States Coast Guard Recreation Facility
Nahant, Massachusetts, to the Town of Nahant (the
‘‘Town’’) unless the Commandant, or his delegate, in his
sole discretion determines that the conveyance would not
provide a public benefit.
(b) 
IDENTIFICATION
OF
PROPERTY.—The 
Com-
mandant may identify, describe, and determine the prop-
erty to be conveyed under this section.
(c) TERMS OF CONVEYANCE.—The conveyance of prop-
erty under this section shall be made—
(1) without payment of consideration; and
(2) subject to such terms and conditions as the
Commandant may consider appropriate to protect the
interests of the United States, including the reserva-
tion of easements or other rights on behalf of the
United States.
(d) REVERSIONARY INTEREST.—The conveyance of
real property pursuant to this section shall be subject to
the condition that all right, title, and interest in such prop-
erty shall immediately revert to the United States if—
(1) the property, or any part thereof, ceases to
be owned and used by the Town;
(2) the Town fails to maintain the property con-
veyed in a manner consistent with the terms and con-
ditions in subsection (c); or
(3) at least 30 days before such reversion, the
Commandant provides written notice to the Town
that the property conveyed is needed for national se-
curity purposes.
SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.
Notwithstanding any other provision of law, the
liftbridge over the back channel of the Schuylkill River in
Philadelphia, Pennsylvania, is deemed to unreasonably ob-
struct navigation.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RE-
SPONSE VESSELS.
Section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704) is amended—
(1) in subsection (a)(1), by striking ‘‘(except’’
and all that follows through ‘‘Act)’’ and inserting a
comma; and
(2) by adding at the end of subsection (c) the fol-
lowing:
‘‘(4) CERTAIN TANK VESSELS.—Subsection (a)(1)
shall not apply to—
‘‘(A) a tank vessel on which the only oil
carried as cargo is an animal fat or vegetable
oil, as those terms are used in section 2 of the
Edible Oil Regulatory Reform Act; and
‘‘(B) a tank vessel that is designated in its
certificate of inspection as an oil spill response
vessel (as that term is defined in section 2101 of
title 46, United States Code) and that is used
solely for removal.’’.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO
JACKSONVILLE 
UNIVERSITY 
IN 
JACKSON-
VILLE, FLORIDA.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey to Jacksonville University, located
in Jacksonville, Florida, without consideration, all
right, title, and interest of the United States in and
to the property comprising the Long Branch Rear
Range Light, Jacksonville, Florida.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed under this section.
(b) TERMS AND CONDITIONS.—Any conveyance of any
property under this section shall be made—
(1) subject to the terms and conditions the Com-
mandant may consider appropriate; and
(2) subject to the condition that all right, title,
and interest in and to property conveyed shall imme-
diately revert to the United States if the property, or
any part thereof, ceases to be used by Jacksonville
University.
SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL
SAFETY CONVENTION.
(a) IN GENERAL.—Section 2302 of title 46, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(e)(1) A vessel may not transport Government-im-
pelled cargoes if—
‘‘(A) the vessel has been detained and determined
to be substandard by the Secretary for violation of an
international safety convention to which the United
States is a party, and the Secretary has published no-
tice of that detention and determination in an elec-
tronic form, including the name of the owner of the
vessel; or
‘‘(B) the operator of the vessel has on more than
one occasion had a vessel detained and determined to
be substandard by the Secretary for violation of an
international safety convention to which the United
States is a party, and the Secretary has published no-
tice of that detention and determination in an elec-
tronic form, including the name of the owner of the
vessel.
‘‘(2) The prohibition in paragraph (1) expires for a
vessel on the earlier of—
‘‘(A) 1 year after the date of the publication in
electronic form on which the prohibition is based; or
‘‘(B) any date on which the owner or operator
of the vessel prevails in an appeal of the violation of
the relevant international convention on which the de-
tention is based.
‘‘(3) As used in this subsection, the term ‘Government-
impelled cargo’ means cargo for which a Federal agency
contracts directly for shipping by water or for which (or
the freight of which) a Federal agency provides financing,
including financing by grant, loan, or loan guarantee, re-
sulting in shipment of the cargo by water.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) takes effect January 1, 1999.
SEC. 409. 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 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 Commit-
tee on Transportation and Infrastructure of the House of
Representatives 90 days prior to approving such recogni-
tion.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOS-
TON MARSHFIELD RECEIVER SITE, MASSA-
CHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN
GENERAL.—The Commandant of the
Coast Guard may convey, by an appropriate means
of conveyance, all right, title, and interest of the
United States in and to the Coast Guard Commu-
nication Station Boston Marshfield Receiver Site,
Massachusetts, to the Town of Marshfield, Massachu-
setts (the ‘‘Town’’) unless the Commandant, or his
delegate, in his sole discretion determines that the
conveyance would not provide a public benefit.
(2) LIMITATION.—The Commandant shall not
convey under this section the land on which is situ-
ated the communications tower and the microwave
building facility of that station.
(3) IDENTIFICATION OF PROPERTY.—
(A) The Commandant may identify, de-
scribe and determine the property to be conveyed
to the Town under this section.
(B) The Commandant shall determine the
exact acreage and legal description of the prop-
erty to be conveyed under this section by a sur-
vey satisfactory to the Commandant. The cost of
the survey shall be borne by the Town.
(b) TERMS
AND CONDITIONS.—Any conveyance of
property under this section shall be made—
(1) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) The Commandant may reserve utility,
access, and any other appropriate easements on
the property conveyed for the purpose of operat-
ing, maintaining, and protecting the commu-
nications tower and the microwave building fa-
cility.
(B) The Town and its successors and as-
signs shall, at their own cost and expense, main-
tain the property conveyed under this section in
a proper, substantial, and workmanlike manner
as necessary to ensure the operation, mainte-
nance, and protection of the communications
tower and the microwave building facility.
(C) Any other terms and conditions the
Commandant considers appropriate to protect
the interests of the United States, including the
reservation of easements or other rights on behalf
of the United States.
(c) REVERSIONARY INTEREST.—The conveyance of real
property pursuant to this section shall be subject to the con-
dition that all right, title, and interest in such property
shall immediately revert to the United States if—
(1) the property, or any part thereof, ceases to
be owned and used by the Town;
(2) the Town fails to maintain the property con-
veyed in a manner consistent with the terms and con-
ditions in subsection (b); or
(3) at least 30 days before such reversion, the
Commandant provides written notice to the Town
that the property conveyed is needed for national se-
curity purposes.
SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS EN-
GAGING IN OIL SPILL PREVENTION AND RE-
SPONSE ACTIVITIES.
(a) CLARIFICATION OF LIABILITY FOR PREVENTING
SUBSTANTIAL THREAT OF DISCHARGE.—Section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) is
amended—
(1) in subsection (a)(8) by striking ‘‘to minimize
or mitigate damage’’ and inserting ‘‘to prevent, mini-
mize, or mitigate damage’’;
(2) by striking ‘‘and’’ after the semicolon at the
end of subsection (a)(23), by striking the period at the
end of subsection (a)(24) and inserting ‘‘; and’’, and
by adding at the end of subsection (a) the following:
‘‘(25) ‘removal costs’ means—
‘‘(A) the costs of removal of oil or a hazard-
ous substance that are incurred after it is dis-
charged; and
‘‘(B) in any case in which there is a sub-
stantial threat of a discharge of oil or a hazard-
ous substance, the costs to prevent, minimize, or
mitigate that threat.’’; and
(3) in subsection (c)(4)(A), by striking the period
at the end and inserting the following: ‘‘relating to a
discharge or a substantial threat of a discharge of oil
or a hazardous substance.’’.
(b) OIL
SPILL
MECHANICAL
REMOVAL.—Section
311(a)(2) of the Federal Water Pollution Control Act (33
U.S.C. 1321(a)(2)) is amended—
(1) by striking ‘‘and (C)’’ and inserting ‘‘, (C)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, and (D) discharges incidental to me-
chanical removal authorized by the President under
subsection (c) of this section’’.
SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.
(a) VESSEL TURMOIL.—
(1) IN GENERAL.—The vessel described in para-
graph (2) is deemed for all purposes, including title
46, United States Code, and all regulations there-
under, to be a recreational vessel of less than 300
gross tons, if—
(A) it does not carry cargo or passengers for
hire; and
(B) it does not engage in commercial fish-
eries or oceanographic research.
(2) VESSEL DESCRIBED.—The vessel referred to
in paragraph (1) is the vessel TURMOIL (British of-
ficial number 726767).
(b) PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary may establish a
pilot program to exempt a vessel of at least 300 gross
tons as measured under chapter 143 or chapter 145
of title 46, United States Code, from the requirement
to be inspected under section 3301(7) of title 46,
United States Code, as a seagoing motor vessel, if—
(A) the vessel does not carry any cargo or
passengers for hire;
(B) the vessel does not engage in commercial
service, commercial fisheries, or oceanographic
research; and
(C) the vessel does not engage in towing.
(2) EXPIRATION OF AUTHORITY.—The authority
to grant the exemptions under this subsection expires
2 years after the date of enactment of this Act. Any
specific exemptions granted under this subsection
shall nonetheless remain in effect.
SEC. 413. LAND CONVEYANCE, COAST GUARD STATION
OCRACOKE, NORTH CAROLINA.
(a) AUTHORITY TO CONVEY.—The Secretary of Trans-
portation may convey, without consideration, to the State
of North Carolina (in this section referred to as the
‘‘State’’), all right, title, and interest of the United States
in and to a parcel of real property, together with any im-
provements thereon, in Ocracoke, North Carolina, consist-
ing of such portion of the Coast Guard Station Ocracoke,
North Carolina, as the Secretary considers appropriate for
purposes of the conveyance.
(b) CONDITIONS.—The conveyance under subsection
(a) shall be subject to the following conditions:
(1) That the State accept the property to be con-
veyed under that subsection subject to such easements
or rights of way in favor of the United States as the
Secretary considers to be appropriate for—
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on
the property; and
(D) the use of pier space on the property by
search and rescue assets.
(2) That the State maintain the property in a
manner so as to preserve the usefulness of the ease-
ments or rights of way referred to in paragraph (1).
(3) That the State utilize the property for trans-
portation, education, environmental, or other public
purposes.
(c) REVERSION.—(1) If the Secretary determines at
any time that the property conveyed under subsection (a)
is not being used in accordance with subsection (b), all
right, title, and interest in and to the property, including
any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate
entry thereon.
(2) Upon reversion under paragraph (1), the property
shall be under the administrative jurisdiction of the Admin-
istrator of General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a), and any easements or rights of way granted
under subsection (b)(1), shall be determined by a survey sat-
isfactory to the Secretary. The cost of the survey shall be
borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
with respect to the conveyance under subsection (a), and
any easements or rights of way granted under subsection
(b)(1), as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN
SAULT SAINTE MARIE, MICHIGAN.
(a) REQUIREMENT TO CONVEY.—The Secretary of
Transportation (in this section referred to as the ‘‘Sec-
retary’’) shall promptly convey, without consideration, to
American Legion Post No. 3 in Sault Sainte Marie, Michi-
gan, all right, title, and interest of the United States in
and to the parcel of real property described in section 202
of the Water Resources Development Act of 1990 (Public
Law 101–640), as amended by section 323 of the Water Re-
sources Development Act of 1992 (Public Law 102–580),
comprising approximately 0.565 acres, together with any
improvements thereon.
(b) CONDITION.—The conveyance under subsection (a)
shall be subject to the condition that the property be used
as a clubhouse for the American Legion Post No. 3.
(c) REVERSION.—(1) If the Secretary determines at
any time that the property conveyed under subsection (a)
is not being used in accordance with subsection (b), all
right, title, and interest in and to the property, including
any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate
entry thereon.
(2) Upon reversion under paragraph (1), the property
shall be under the administrative jurisdiction of the Admin-
istrator of General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
American Legion Post No. 3.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
with respect to the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESI-
DUE DISPOSAL.
(a) IN GENERAL.—
(1) Subject to subsection (b), the Secretary of
Transportation shall continue to implement and en-
force the United States Coast Guard 1997 Enforce-
ment Policy for Cargo Residues on the Great Lakes
and revisions thereto that are made in accordance
with that Policy (hereinafter in this section referred
to as the ‘‘Policy’’) for the purpose of regulating inci-
dental discharges from vessels of residues of dry bulk
cargo into the waters of the Great Lakes under the ju-
risdiction of the United States.
(2) Any discharge under this section shall com-
ply with all terms and conditions of the Policy.
(b) EXPIRATION OF INTERIM AUTHORITY.—The Policy
shall cease to have effect on the date which is the earliest
of—
(1) the effective date of regulations promulgated
pursuant to legislation enacted subsequent to the en-
actment of this Act providing for the regulation of in-
cidental discharges from vessels of dry bulk cargo resi-