Coast Guard Authorization Act of 1998
PL 105-383 (H.R.2204), enacted 11/13/1998

PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3411 
Public Law 105-383 
105th Congress 
An Act 
To authorize appropriations for fiscal years 1998 and 1999 for the Coast Guard, 
Nov. 13, 1998 
and for other purposes. 
[H.R. 2204] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Coast Guard 
^^^-^-^-..r - ^..^.^r., r.,.r.„ ^ 
Authorization 
SECTION 1. SHORT TITLE. 
Act of 1998. 
This Act may be cited as the "Coast Guard Authorization 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 or 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 Novate, California, Reuse Commission. 
Sec. 205. LaviT enforcement authority for special agents of the Coast Guard 
Investigative 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. Extensionof 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, 
Florida. 
Sec. 403. Documentation of certain vessels. 
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts. 
112 STAT. 3412 
PUBLIC LAW 105-383—NOV. 13, 1998 
Sec. 405. Unreasonable obstruction to navigation. 
Sec. 406. Financial responsibility for oU 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 ofvesselS/S RED OAK VICTORY. 
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the Interior. 
Sec. 421. Vessel docimaentation clarification. 
Sec. 422. Dredge clarification. 
Sec. 423. Double huU 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 HYPOXLV 
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 maintengince 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 expenses related to drug interdiction. 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto— 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3413 
(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 concep-
tual design for a replacement vessel for the Coast Guard 
icebreaker MACKINAW, 
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 purposes 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 evaluation of tech-
nologies, materials, and human factors directly relating to 
improving the performance of the Coast Guard's mission in 
support of search and rescue, aids to navigation, marine safety, 
marine environmental protection, enforcement of laws and 
treaties, ice operations, oceanographic research, and defense 
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 purposes 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 appropriations for this purpose), 
payments under the Retired Serviceman's Family Protection 
and Survivor Benefit Plans, and pa3rments for medical care 
of retired personnel 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 obstructions to naviga-
tion, and for personnel and administrative costs associated 
with the Bridge Alteration 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 restoration at Coast 
Guard facilities (other than parts and equipment associated 
with operations and maintenance), $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 o
f
— 
(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; smd 
(B) for fiscal year 1999, 1,424 student years. 
112 STAT. 3414 
PUBLIC LAW 105-383—NOV. 13, 1998 
(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 civilian 
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 addition to the funds 
authorized for the Coast Guard for operation of the LORAN-C 
System, for capital expenses related to LORAN-C navigation infra-
structure, $10,000,000 for fiscal year 1999. The Secretary of 
Transportation may transfer from the Federal Aviation Administra-
tion and other agencies of the department funds appropriated as 
authorized under this section in order to reimburse the Coast Guard 
for related expenses. 
Deadline. 
(b) COST-SHARING PLAN.—^Not later than 6 months after the 
date of the 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 Transpor-
tation ana Infrastructure of the House of Representatives a plan 
for cost-sharing arrangements among Federal agencies for such 
capital and operating expenses related to LORAN-C navigation 
infrastructure, 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 sentence. 
(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 Secretary determines 
that the conditions under which the officer is discharged or sepa-
rated 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 paragraph (b)(3) 
and inserting ", unless the Secretary determines that the conditions 
under which the officer is discharged or separated do not warrant 
pa3m!ient of that £unount of severance pay.". 
SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS 
PROGRAMS. 
Section 93 of title 14, United States Code, is amended— 
(1) by striking "and" after the semicolon at the end of 
paragraph (u); 
(2) by striking the period at the end of paragraph (v) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(w) ijrovide for the honorary recognition of individuals 
2md organizations that significantly contribute to Coast Guard 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3415 
programs, missions, or operations, including State and local 
governments and commercial and nonprofit organizations, and 
pay for, using any appropriations or funds available to the 
Coast Guard, plaques, medals, trophies, badges, and similar 
items to acknowledge such contribution (including reasonable 
expenses of ceremony and presentation).". 
SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES 
AT MILITARY FUNERALS. 
Section 93 of title 14, United States Code, as amended by 
section 202 of this Act, is further amended— 
(1) by striking "and" after the semicolon at the end of 
paragraph (v); 
(2) by striking the period at the end of paragraph (w) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(x) rent or lease, under such terms and conditions as 
are considered by the Secretary to be advisable, commercial 
vehicles to transport the next of kin of eligible retired Coast 
Guard military personnel to attend funeral services of the serv-
ice member at a national cemetery.". 
SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE 
COMMISSION. 
The Commandant of the United States Coast Guard may use 
up to $25,000 to provide economic adjustment assistance for the 
City of Novato, California, for the cost of revising the Hamilton 
Reuse Planning Authority's reuse plan as a result of the Coast 
Guard's request for housing at Hamilton Air Force Base. If the 
Department of Defense provides such economic adjustment assist-
ance to the City of Novato on behalf of the Coast Guard, then 
the Coast Guard may use the amount authorized for use in the 
preceding sentence to reimburse the Department of Defense for 
the amount of economic adjustment assistance provided to the 
City of Novato by the Department of Defense. 
SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF 
THE COAST GUARD INVESTIGATIVE SERVICE. 
(a) AUTHORITY.—Section 95 of title 14, United States Code, 
is amended to read as follows: 
"§ 95. Special agents of the Coast Guard 
Investigative 
Service law enforcement authority 
"(a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority: 
"(A) To carry firearms. 
"(B) To execute and serve any warrant or other process 
issued under the authority of the United States. 
"(C) To make arrests without warrant for— 
"(i) £uiy offense against the United States committed 
in the agent's presence; or 
"(ii) any felony cognizable under the laws of the United 
States if the agent has probable cause to believe that 
the person to be arrested has committed or is committing 
the felony. 
"(2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard 
has law enforcement authority, or in exigent circumstances. 
112 STAT. 3416 
PUBLIC LAW 105-383—NOV. 13, 1998 
"(b) The Commandant may designate to have the authority 
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 exer-
cised 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 begin-
ning 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 aeents of the Coast Guard Investigative Service law enforcement 
autiaority.". 
Deadline. 
SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY. 
Not later than 9 months after the date of the enactment of 
this Act, the Administrator of the General Services Administration 
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 recommendations shall take into 
consideration measures that would— 
(1) improve the efficiency of such procedures; 
(2) improve notification of excess property decisions to and 
enhance me participation in the property disposal decision-
making process of me States, local communities, and appro-
priate non-profit organizations; 
(3) facilitate tiae expeditious transfer of excess property 
for recreation, historic preservation, education, transportation, 
or other uses that benefit the general pubUc; 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 amended by 
adding at the end the following: 
"(k) The Secretary may not plan, implement or finalize any 
regulation that would promulgate any new maritime user fee which 
was not implemented and collected prior to January 1, 1998, includ-
ing a fee or charge for any domestic icebreaking service or any 
other navigational assistance service. This subsection expires on 
September 30, 2001.". 
14 use 81 note. 
SEC. 208. AIDS TO NAVIGATION REPORT. 
Deadline. 
Not later than 18 months after the date of the enactment 
of this Act, the Commandant of the Coast Guard shall submit 
to Confess a report on the use of the Coast Guard's aids to 
navigation system. The report shall include an analjrsis of the 
respective use of the aids to navigation system by conmiercial 
interests, members of the general public for personal recreation. 
Federal and State government for public 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. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3417 
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' includes all 
waters of the territorial sea of the United States as described 
in Presidential Proclamation No. 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 No. 5928 of December 27, 1988.". 
(2) Section 2301 of that title is amended by inserting 
"(including the territorial sea of the United States as described 
in Presidential Proclamation No. 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 territorial 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 No. 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 baselines 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 measured". 
(8) Section 8503(a)(2) of that title is aunended 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 baselines 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: 
112 STAT. 3418 
PUBLIC LAW 105-383—NOV. 13, 1998 
"§2302. Penalties for negligent operations and interfering 
with safe operation"; 
and 
(2) in subsection (a) by striking "that endangers" and 
inserting "or interfering with the safe operation 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 amended to 
read as follows: 
"§ 9307. Great Lakes Pilotage Advisory Committee 
Establishment. 
"(a) The Secretary shall establish a Great Lakes Pilotage 
Advisory Committee. The Committee— 
"(1) may review proposed Great Lakes pilotage regulations 
and pohcies and make recommendations to the Secretary that 
the Committee considers appropriate; 
"(2) may advise, consult with, report to, and make 
recommendations to the Secretary on matters relating to Great 
Lakes pilotage; 
"(3) may make available to the Congress recommendations 
that the Committee makes to the Secretary; and 
"(4) shall meet at the call of— 
"(A) the Secretary, who shall call such a meeting at 
least once during each calendar year; or 
"(B) a majority of the Committee. 
"(b)(1) The Committee shall consist of seven members appointed 
by the Secretary in accordance with this subsection, each of whom 
has at least 5 years practical experience in maritime operations. 
The term of each member is for a period of not more than 5 
years, specified by the Secretary. Before filling[ a position on the 
Committee, the Secretary shall publish a notice in the Federal 
Register soliciting nominations for membership on the Committee. 
"(2) The membership of the Committee shall include— 
"(A) three members who are practicing Great Lakes pilots 
and who reflect a regional balance; 
"(B) one member representing the interests of vessel opera-
tors that contract for Great Lakes pilotage services; 
"(C) one member representing the interests of Great Lakes 
ports; 
"(D) one member representing the interests of shippers 
whose cargoes are transported through Great Lakes ports; and 
"(E) one member representing the interests of the general 
public, who is an independent expert on the Great Lakes mari-
time industry. 
"(c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The 
Vice Chairman shall act as Chairman in the absence or incapacity 
of the Chairman, or in the event of a vacancy in the office of 
the Chairman. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3419 
"(2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. The representatives shall, as appropriate, report to 
and advise the Committee on matters relating to Great Lakes 
pilotage. The Secretary's designated representative shall act as 
the executive secretary of the Committee and shall perform the 
duties set forth in section 10(c) of the Federal Advisory Committee 
Act (5 U.S.C. App.). 
"(d)(1) The Secretary shall, whenever practicable, consult with 
the Committee before taking any significant action relating to Great 
Lakes pilotage. 
"(2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting Great Lakes pilotage. 
"(e)(1) A member of the Committee, when attending meetings 
of the Committee or when otherwise engaged in the business of 
the Committee, is entitled to receive— 
"(A) compensation at a rate fixed by the Secretary, not 
exceeding the daily equivalent of the current rate of basic 
gay in effect for GS-18 of the General Schedule under section 
332 of title 5 including travel time; and 
"(B) travel or transportation expenses under section 5703 
of title 5, United States Code. 
"(2) A member of the Committee shall not be considered to 
be an officer or employee of the United States for any purpose 
based on their receipt of any payment under this subsection. 
"(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) 
applies to the Committee, except that the Committee terminates 
on September 30, 2003. 
"(2) 2 years before the termination date set forth in paragraph 
(1) of this subsection, the Committee shall submit to the Congress 
its recommendation regarding whether the Committee should be 
renewed and continued beyond the termination date.". 
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 following: "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 following: 
^'§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 operation or other 
safety-sensitive functions of the vessel or vessels involved in such 
112 STAT. 3420 
PUBLIC LAW 105-383—NOV. 13, 1998 
46 use 3201 
note. 
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 directly 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, except 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 period and "This 
subsection does not require the release of information described 
by section 552(b) of title 5 or protected from disclosure by another 
law of the United States.". 
SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY. 
(a) REPORT ON IMPLEME^^^ATION AND ENFORCEMENT OP THE 
INTERNATIONAL SAFETY MANAGEMENT CODE.— 
(1) The Secretary of Transportation (in this section referred 
to as the "Secretary") shall conduct a study— 
(A) reporting on the status of implementation of the 
International Safety Management Code (hereafter referred 
to in this section as 'Code'); 
(B) detailing enforcement actions involving the Code, 
including the role documents and reports produced pursu-
ant 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 marine safety and environ-
mental protection through the Code; 
^ 
(D) identifying actions to achieve full compliance with 
and effective implementation of the Code; and 
(E) evaluating the effectiveness of internal reporting 
and auditing under the Code, and recommending actions 
to ensure the accuracy smd 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). 
Deadline. 
(3) Not later than 18 months after the date of the enact-
ment of this Act, the Secretary shall submit to the Congress 
a report on the results of the study conducted under paragraph 
(b) POLICY.— 
Deadline. 
(1) Not later than 9 months after submission of the report 
in subsection (a)(3), the Secretary shall develop a policy to 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3421 
achieve full compliance with and effective 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 compliance with 
and effective implementation of the Code; and 
(C) if appropriate, recommendations to Congress for 
any legislation necessary to implement one or more ele-
ments 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 Federal Register and 
provide opportunity for public comment 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 sub-
stance under subparagraphs (A) through (F) of section 101(14) 
of the Comprehensive Environmental Response, Compensation, 
and Liabihty 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 the 
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 Environmental 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 opportunities provided for public comment on the evalua-
tion. 
SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM. 
(a) IN GENERAL.—^The Secretary of Transportation, through 
the Coast Guard and the Maritime Administration, shall, in con-
sultation 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 adequacy of the nation's marine transportation system 
(including ports, waterways, harbor approach channels, and their 
intermodal connections) to operate in a safe, efficient, secure, and 
environmentally sound manner. 
(b) TASK FORCE.— 
(1) The task force shall be chaired by the Secretary of 
Trgmsportation 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 Committee Act 
shall not apply to the task force. 
(c) ASSESSMENT.— 
Federal Register, 
publication. 
Deadline. 
112 STAT. 3422 
PUBLIC LAW 105-383—NOV. 13, 1998 
Reports. 
46 use 4302 
note. 
Deadline. 
Reports. 
Deadline. 
Reports. 
(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 development, 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 Govern-
ment to accommodate projected increases in foreign and 
domestic traffic over the next 20 years; 
(B) consult with senior public and private sector 
officials, including the users of that system, such as ports, 
commercial carriers, shippers, labor, recreational boaters, 
fishermen, and environmental organizations; 
(C) sponsor public and private sector activities to 
further refine and implement (under existing authority) 
the strategies, recommendations, and plan for action; 
(D) evaluate the capability to dispose of dredged 
materials that will be produced to accommodate projected 
increases referred to in subparagraph (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 RECREATIONAL 
VESSELS. 
The Secretary of Transportation, through the Coast Guard and 
in consultation with the National Transportation Safety Board and 
recreational boating organizations, shall, within 24 months of the 
date of the enactment of this Act, assess and report to Congress 
on the use of emergency position indicating beacons (EPIRBs) and 
similar devices by operators of recreational vessels on the Intra-
coastal Waterway and operators of recreational vessels beyond the 
Boundary Line. The assessment shall at a minimum— 
(1) evaluate the current availability £ind use of EPIRBs 
and similar devices by the operators of recreational vessels 
and the actual and potential contribution of such devices to 
recreational boating safety; and 
(2) provide recommendations on policies and prograims to 
encourage the availability and use of EPIRBS and similar 
devices by the operators of recreational vessels. 
SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE. 
Not later than 9 months after tire date of the 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 Infrastructure 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 rescue helicopter within 2 hours 
of a report of distress or request for assistance from such 
waters; 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3423 
(2) providing options for ensuring that all waters 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 suitable 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 OP THE NORTHEAST.—The term "waters of the 
Northeast"— 
(A) means the waters subject to the jurisdiction 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 WATERS OF 
THE NORTHEAST.— 
(A) IN GENERAL.—Not later than December 31, 1998, Deadline, 
the Secretary shall promulgate regulations for towing ves-
sel and barge safety for the waters of the Northeast. 
(B) INCORPORATION OF RECOMMENDATIONS.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the regulations promulgated under this paragraph 
shall give fiiU consideration to each of the recommenda-
tions for regulations contained in the report entitled 
"Regional Risk Assessment of Petroleum Transpor-
tation in the Waters of the Northeast 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 explanation if 
any recommendation is not adopted. 
(ii) EXCLUDED RECOMMENDATIONS.—The regula-
tions promulgated under this paragraph shall not 
incorporate any recommendation referred to in clause 
(i) that relates to anchoring or barge retrieval systems. 
(2) ANCHORING AND BARGE RETRIEVAL SYSTEMS.— 
(A) IN GENERAL.—Not later than November 30, 1998, Deadline, 
the Secretary shall promulgate regulations under section 
3719 of title 46, United States Code, for the waters of 
the Northeast, that shall give full consideration to each 
of the recommendations made in the report referred to 
in paragraph (l)(B)(i) relating to anchoring and barge 
retrieval systems, and the Secretary shall provide a 
detailed explanation if any recommendation is not adopted. 
112 STAT. 3424 
PUBLIC LAW 105-383—NOV. 13, 1998 
(B) RULE OP CONSTRUCTION.—Nothing in subparagraph 
(A) prevents the Secretary from promulgating interim final 
regulations that apply throughout the United States relat-
ing to anchoring and barge retrieval systems that contain 
requirements that are as stringent as the requirements 
of the regulations promulgated under subparagraph (A). 
SEC. 312. SEASONAL 
COAST GUARD HELICOPTER 
AIR RESCUE 
CAPABILITY. 
The Secretary of Transportation is authorized to take appro-
priate actions to ensure the establishment and operation by the 
Coast Guard of a helicopter air rescue capability that— 
(1) is located at Gabreski Airport, Westhampton, New York; 
and 
(2) provides air rescue capability from that location 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 adding at the end 
of title 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 Atlan-
tic 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 Massachusetts Bay back to tlie 
point on Cape Ann at 42 deg. 39' N., 70 deg. 37' W) and in 
the coastal waters of the Southeastern United States within about 
25 nm along a 90 nm stretch of the Atlantic seaboard (in an 
area generally extending from the shoreUne 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); and 
(2) by adding at the end 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 dociunented vessel shall be siurren-
dered in accordance with regulations prescribed by the Secretary 
of Transportation. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3425 
"(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 chap-
ter 121 of title 46, United States Code, is amended by adding 
at the end 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 subsection."; 
(4) by striking "mortgages or instruments" in subsection 
31322(d)(2) and inserting "mortgages, security 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 application for docu-
mentation 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 TRAINING 
FACILITY, JACKSONVILLE, FLORIDA. 
(a) IN GENERAL.—Notwithstanding any other provision of law— 
(1) the land and improvements thereto comprising the 
Coast Guard Reserve training facility in Jacksonville, Florida, 
is deemed to be surplus property; 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 subsection. 
112 STAT. 3426 
PUBLIC LAW 105-383—NOV. 13, 1998 
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS. 
(a) 
GENERAL WAIVER.—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 sections 12106 
and 12108 of title 46, United States Code, the Secretary of Transpor-
tation may issue a certificate of documentation with appropriate 
endorsement for each of the following vessels: 
(1) SEAGULL (United States official number 1038605). 
(2) BAREFOOT CONTESA (United States official number 
285410). 
(3) PRECIOUS METAL (United States official number 
596316). 
(4) BLUE HAWAII (State of Florida registration number 
FL0466KC). 
(5) SOUTHERN STAR (United States official number 
650774). 
(6) KEEWAYDIN (United States official number 662066). 
(7) W.G. JACKSON 
(United 
States 
official 
number 
1047199). 
(8) The vessel known as hopper barge E-15 (North CaroHna 
State official number 264959). 
(9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, 
Canadian registration number 318746). 
(10) MMt Y PAZ (United States official number 668179). 
(11) SAMAKEE (State of New York registration number 
NY 4108 FK). 
(12) NAWNSENSE (United States official number 977593). 
(13) 
ELMO 
(State 
of 
Florida 
registration 
number 
FL5337BG). 
(14) 
MANA-WANUI 
(United 
States 
official 
number 
286657). 
(15) OLD JOE (formerly TEMPTRESS; United States offi-
cial number 991150). 
(16) M/V BAHAMA PRIDE (United States official number 
588647). 
(17) WINDWISP (United States official number 571621). 
(18) SOUTHLAND (United States official number 639705). 
(19) FJORDING (United States official number 594363). 
(20) M/V SAND ISLAND (United States official number 
542918). 
(21) PACIFIC MONARCH (United States official number 
557467). 
(22) FLAME (United States official number 279363). 
(23) DULARGE (United States official ntunber 653762). 
(24) DUSKEN IV (United States official number 952645). 
(25) SUMMER BREEZE (United States official number 
552808). 
(26) ARCELLA (United States official number 1025983). 
(27) BILLIE-B-II (United States official number 982069). 
(28) VESTERHAVET 
(United 
States 
official 
number 
979206). 
(29) BETTY JANE (State of Virginia registration number 
VA7271P). 
(30) VORTICE, Bari, Italy, registration number 256. 
(31) The barge G. L. 8 (Canadian official number 814376). 
(32) YESTERDAYS DREAM (United States official number 
680266). 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3427 
(33) ENFORCER (United States official number 502610). 
(34) The vessel registered as State of Oregon registration 
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 number 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 official 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 
CGO19166; 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 Mer-
chant 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 of Transportation 
may issue a certificate of documentation with appropriate endorse-
ment 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 (PubUc Law 104-324; 110 Stat. 3978) 
112 STAT. 3428 
PUBLIC LAW 105-383—NOV. 13, 1998 
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 Mer-
chant 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 documentation with appropriate endorsement 
for employment 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 para-
graph (1) are the following: 
(A) NINA (United States Coast Guard vessel identifica-
tion number CG034346). 
(B) PINTA (United States Coast Guard vessel identi-
fication number CG034345). 
(C) NAG SANTA MARIA (United States Coast Guard 
vessel identification number CG034344). 
(e) DOCUMENTATION OP VESSEL COLUMBUS.— 
(1) IN GENERAL.—^Notwithstsmding section 27 of the Mer-
chant Marine Act, 1920 (46 U.S.C. App. 883), sections 12102 
and 12106 of title 46, United States Code, and the endorsement 
limitation in section 5501(a)(2)(B) of PubHc Law 102-587, and 
subject to paragraph (2), the Secretary of Transportation may 
issue a certificate of documentation with appropriate endorse-
ment 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 pur-
pose 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, section 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 
Transportation may issue a certificate of documentation with 
appropriate endorsement for emplojonent 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. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3429 
(2) TERMLNATION.—^The endorsement issued under para-
graph (1) shall be in effect for the vessel FOILCAT for the 
period— 
(A) beginning on the date on which the vessel is placed 
in service to initiate a high-speed marine ferry demonstra-
tion 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 became effective under subpara-
graph (A). 
SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, 
MASSACHUSETTS. 
(a) 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 United States 
Coast Guard Recreation Facility Nahant, Massachusetts, to the 
Town of Nahant (the "Town") unless the Commandant, or his dele-
gate, in his sole discretion determines that the conveyance would 
not provide a public benefit. 
(b) IDENTIFICATION OF PROPERTY.—^The Commandant may iden-
tify, describe, and determine the property to be conveyed under 
this section. 
(c) TERMS OF CONVEYANCE.—^The conveyance of property under 
this section shall be made— 
(1) without pa3mient of consideration; and 
(2) subject to such terms and conditions as the Com-
mandant may consider appropriate to protect the interests of 
the United States, including the reservation 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 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 conveyed in 
a manner consistent with the terms and conditions in sub-
section (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 security 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, Pennsyl-
vania, is deemed to unreasonably obstruct navigation. 
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE 
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 following: 
"(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 
112 STAT. 3430 
PUBLIC LAW 105-383—NOV. 13, 1998 
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 JACKSON-
VILLE UNIVERSITY IN JACKSONVILLE, FLORIDA. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—^The Secretary of Transportation may con-
vey 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 OP PROPERTY.—^The Secretary may iden-
tify, 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 Commandant 
may consider appropriate; and 
(2) subject to the condition that all right, title, and interest 
in and to property conveyed shall immediately 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 gimended by adding at the end the following new subsection: 
"(e)(1) A vessel may not transport 
Government-impelled 
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 notice of that detention and deter-
mination in an electronic form, including the name of the 
owner of the vessel; or 
"(B) the operator of the vessel has on more than one occa-
sion had a vessel detained and determined to be substandard 
by the Secretary for violation of an international safety conven-
tion to which the United States is a party, and the Secretary 
has published notice of that detention and determination in 
an electronic 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 inter-
national convention on which the detention is based. 
"(3) As used in this subsection, the term 'Government-impelled 
cargo' means cairgo 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 gr£int, 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3431 
loan, or loan guarantee, resulting in shipment of the cargo by 
water.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
46 use 2302 
takes effect January 1, 1999. 
iiote-
SEC. 409. COAST GUARD CITY, USA. 
14 USC 639 note. 
The Commandant of the Coast Guard may recognize the 
community of Grguid 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 
Committee on Transportation and Infrastructure of the House of 
Representatives 90 days prior to approving such recognition. 
SEC. 
410. CONVEYANCE OF COMMUNICATION STATION BOSTON 
MARSHFIELD RECEIVER SITE, MASSACHUSETTS. 
(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 Communication Station Boston Marshfield Receiver Site, 
Massachusetts, to the Town of Marshfield, Massachusetts (the 
"Town") unless the Commandant, or his delegate, in his sole 
discretion determines that the conveyauice would not provide 
a public benefit. 
(2) LIMITATION.—^The Commandant shall not convey under 
this section the land on which is situated the communications 
tower and the microwave building facility of that station. 
(3) IDENTIFICATION OF PROPERTY.— 
(A) The Commandant may identify, describe and deter-
mine the property to be conveyed to the Town under this 
section. 
(B) The Commandant shall determine the exact acre-
age and legal description of the property to be conveyed 
under this section by a survey satisfactory to the Com-
mandant. 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 pa5nnent of consideration; and 
(2) subject to the following terms and conditions: 
(A) The Commgindant may reserve utility, access, and 
any other appropriate easements on the property conveyed 
for the purpose of operating, madntaining, and protecting 
the communications tower and the microwave building 
facility. 
(B) The Town and its successors and assigns shall, 
at their own cost and expense, maintain the property con-
veyed under this section in a proper, substantial, and 
workmanlike manner as necessary to ensure the operation, 
maintenance, 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. 
5ft-194 O - 98 - 22 : QL 3 Part 5 
112 STAT. 3432 
PUBLIC LAW 105-383—NOV. 13, 1998 
(c) 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 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 conveyed in 
a manner consistent with the terms and conditions in sub-
section (b); or 
Notice. 
(3) at least 30 days before such reversion, the Commandant 
provides written notice to the Town that the property conveyed 
is needed for national security purposes. 
SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN 
OIL SPILL PREVENTION AND RESPONSE 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, minimize, or mitigate dam-
age"; 
(2) by striking "and" after the semicolon at the end of 
subsection (a)(23), by striking the period at the end of sub-
section (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 hazardous substance 
that are incurred after it is discharged; and 
"(B) in any case in which there is a substantial threat 
of a discharge of oil or a hazardous 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 sub-
stance.". 
(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)" sind inserting ", (C)"; and 
(2) by inserting before the semicolon at the end the 
following: ", and (D) discharges incidental to mechanical 
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 paragraph (2) 
is deemed for all purposes, including title 46, United States 
Code, and all regulations thereunder, 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 fisheries or 
oceanographic research. 
(2) VESSEL DESCRIBED.—^The vessel referred to in paragraph 
(1) is the vessel TURMOIL (British official number 726767). 
46 use 3301 
(b) PILOT PROGRAM.— 
note. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3433 
(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 the 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 Transportation 
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 £iny improvements thereon, in Ocracoke, North Caro-
lina, consisting 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 conveyed 
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 easements or rights 
of way referred to in paragraph (1). 
(3) That the State utilize the property for transportation, 
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 accord£uice 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 psiragraph (1), the property shall 
be under the administrative jurisdiction of the Administrator of 
General Services. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property conveyed under subsection (a), and any 
easements or rights of way granted under subsection (b)(1), shall 
112 STAT. 3434 
PUBLIC LAW 105-383—NOV. 13, 1998 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the State. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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 "Secretary") shall promptly convey, 
without consideration, to American Legion Post No. 3 in Sault 
Sainte Marie, Michigan, 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 Resources 
Development Act of 1992 (PubUc Law 102-580), comprising approxi-
mately 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 Administrator of 
General Services. 
(d) DESCRIPTION OP PROPERTY.—The exact acreage and legal 
description of the property conveyed under subsection (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 Secretary may 
require such additional terms and conditions with respect to the 
conveyance under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE 
DISPOSAL. 
(a) IN GENERAL.— 
(1) Subject to subsection (b), the Secretary of Transpor-
tation shall continue to implement and enforce the United 
States Coast Guard 1997 Enforcement Policy for Cargo Resi-
dues on the Great Lakes and revisions thereto that are made 
in accordance with that Policy (hereafter in this section referred 
to as the "Policy") for the purpose of regulating incidental 
discharges from vessels of residues of dry bulk cargo into the 
waters of the Great Lakes under the jurisdiction of the United 
States. 
(2) Any discharge under this section shall comply with 
all terms and conditions of the Policy. 
(b) EXPIRATION OP INTERIM AUTHORITY.—-The PoHcy shall cease 
to have effect on the date which is the e£U"liest of— 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3435 
(1) the effective date of regulations promulgated pursuant 
to legislation enacted subsequent to the enactment of this Act 
providing for the regulation of incidental discharges from ves-
sels of dry bulk cargo residue into the waters of the 
Great Lakes under the jurisdiction of the United States is 
enacted; or 
(2) September 30, 2002. 
SEC. 416. CONVEYANCE OP LIGHTHOUSES. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—^The Commandant of the Coast Guard, 
or the Administrator of the General Services Administration, 
as appropriate, may convey, by an appropriate means of convey-
ance, all right, title, and interest of the United States in and 
to each of the following properties: 
(A) light Station Sand Point, located in Escanaba, 
Michigan, to the Delta County Historical Society. 
(B) Light Station Dunkirk, located in Dunkirk, New 
York, to the Dunkirk Historical Lighthouse and Veterans' 
Park Museum. 
(C) The Mukilteo Light Station, located in Mukilteo, 
Washington, to the City of Mukilteo. 
(D) Eagle Harbor light Station, located in Michigan, 
to the Keweenaw County Historical Society. 
(E) Cape Decision Light Station, located in Alaska, 
to the C ^ e Decision Lighthouse Society. 
(F) Cape St. EUas Light Station, located in Alaska, 
to the Cape St. EHas light Keepers Association. 
(G) Five Finger Light Station, located in Alaska, to 
the Juneau Lighthouse Association. 
(H) Point Retreat light Station, located in Alaska, 
to the Alaska lighthouse Association. 
(I) Hudson-Athens lighthouse, located in New York, 
to the Hudson-Athens lighthouse Preservation Society. 
(J) Georgetown Light, located in Georgetown County, 
South Carolina, to the South Carolina Department of Natu-
ral Resources. 
(K) Coast Guard Light Station Two Harbors, located 
in Lake County, Minnesota, to the Lake County Historical 
Society. 
(2) IDENTIFICATION OF PROPERTY.—^The Commandant or 
Administrator, as appropriate, may identify, describe, smd 
determine the property to be conveyed under this subsection. 
(3) EXCEPTION.—The Commandant or Administrator, as 
appropriate, may not convey any historical artifact, including 
any lens or lantern, located on the property at or before the 
time of the conveyance. 
(b) TERMS OP CONVEYANCE.— 
(1) IN GENERAL.—^The conveyance of property under this 
section shall be made— 
(A) without pajonent of consideration; sind 
(B) subject to the terms and conditions required by 
this section and other terms and conditions the Com-
mandant or the Administrator, as appropriate, may con-
sider, including the reservation of easements and other 
rights on behalf of the United States. 
112 STAT. 3436 
PUBLIC LAW 105-383—NOV. 13, 1998 
(2) REVERSIONARY INTEREST.—In addition to any term or 
condition established under this section, the conveyance of prop-
erty under this section shall be subject to the condition that 
all right, title, and interest in the property shall immediately 
revert to the United States if— 
(A) the property, or any part of the property— 
(i) ceases to be used as a nonprofit center for 
public benefit for the interpretation and preservation 
of maritime history; 
(ii) ceases to be maintained in a manner that is 
consistent with its present or future use as a site 
for Coast Guard aids to navigation or compliance with 
this Act; or 
(iii) ceases to be maintained in a manner consistent 
with the conditions in paragraph (5) established by 
the Commandant or the Administrator, as appropriate, 
pursuant to the National Historic Preservation Act 
of 1966 (16 U.S.C. 470 et seq.); or 
(B) at least 30 days before that reversion, the Com-
mandant or the Administrator, as appropriate, provides 
written notice to the owner that the property is needed 
for national security purposes. 
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—^The convey-
ance of property under this section shall be made subject to 
the conditions that the Commandant or Administrator, as 
appropriate, considers to be necessary to assure that— 
(A) the lights, antennas, and associated equipment 
located on the property conveyed, which are active aids 
to navigation, shall continue to be operated and maintained 
by the United States for as long as they are needed for 
this purpose; 
(B) the owner of the property may not interfere or 
allow interference in any manner with aids to navigation 
without express written permission from the Commandant 
or Administrator, as appropriate; 
(C) there is reserved to the United States the right 
to relocate, replace, or add any aid to navigation or make 
any changes to the property conveyed as may be necessary 
for navigational purposes; 
(D) the United States shall have the right, at any 
time, to enter the property without notice for the purpose 
of operating, maintaining and inspecting aids to navigation, 
and for the purpose of enforcing compliance with subsection 
(b); and 
(E) the United States shall have an easement of access 
to and across the property for the purpose of maintaining 
the aids to navigation in use on the property. 
(4) OBLIGATION LIMITATION.—The owner of the property 
is not required to maintain any active aid to navigation equip-
ment on the property, except private aids to navigation per-
mitted under section 83 of title 14, United States Code. 
(5) MAINTENANCE OF PROPERTY.—^The owner of the property 
shall maintain the property in a proper, substantial, and 
workmanhke manner, and in accordance with any conditions 
estabUshed by the Commandant or the Administrator, as appro-
priate, pursuant to the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq.), and other applicable laws. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3437 
(c) DEFINITIONS.—In this section: 
(1) AIDS TO NAVIGATION.—The term "aids to navigation" 
means equipment used for navigation purposes, including but 
not Hmited to, a Hght, antenna, sound signal, electronic naviga-
tion equipment, or other associated equipment which are oper-
ated or maintained by the United States. 
(2) OWNER.—^The term "owner" means the person identified 
in subsection (a)(1), and includes any successor or assign of 
that person. 
(3) DELTA COUNTY HISTORICAL SOCIETY.—The term "Delta 
County Historical Society means the Delta County Historical 
Society (a nonprofit corporation established under the laws 
of the State of Michigan, its parent organization, or subsidiary, 
if any). 
(4) DUNKIRK HISTORICAL LIGHTHOUSE AND VETERANS' PARK 
MUSEUM.—^The term "Dunkirk Historical Lighthouse and Veter-
ans' Park Museum" means Dunkirk Historical Lighthouse and 
Veterans' Park Museum located in Dunkirk, New York, or, 
if appropriate as determined by the Commandant, the Chautau-
qua County Armed Forces Memorial Park Corporation, New 
York. 
(5) LAKE COUNTY HISTORICAL SOCIETY.—The term "Lake 
County Historical Society" means the Lake County Historical 
Society (a nonprofit corporation established under the laws 
of the State of Minnesota), its parent organization or subsidiary, 
if any, and its successors and assigns. 
(d) NOTIFICATION.—^Not less than 1 year prior to reporting 
to the General Services Administration that a lighthouse or light 
station eligible for listing under the National Historic Preservation 
Act of 1966 (16 U.S.C. 470 et seq.) and under the jurisdiction 
of the Coast Guard is excess to the needs of the Coast Guard, 
the Commandant of the Coast Guard shall notify the State in 
which the lighthouse or light station is located, (including the 
State Historic Preservation Officer, if any) the appropriate political 
subdivision of that State, and any lighthouse, historic, or maritime 
preservation organizations in that State, that such property is 
excess to the needs of the Coast Guard. 
(e) EXTENSION OF PERIOD FOR CONVEYANCE OF WHITLOCK'S 
MILL LIGHT.—Notwithstanding section 1002(a)(3) of the Coast 
Guard Authorization Act of 1996, the conveyance authorized by 
section 1002(a)(2)(AA) of that Act may take place after the date 
required by section 1002(a)(3) of that Act but no later than Decem-
ber 31, 1998. 
SEC. 
417. CONVEYANCE OF COAST GUARD LORAN STATION Massachusetts. 
NANTUCKET. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—The Commandant of the United States 
Coast Guard may convey, by an appropriate means of convey-
ance, all right, title, and interest of the United States in and 
to approximately 29.4 acres of lemd, together with the improve-
ments thereon, at Coast Guard LORAN Station Nantucket, 
Nantucket, 
Massachusetts, 
to 
the 
Town 
of 
Nantucket, 
Massachusetts ("the Town") unless the Commandgint, or his 
delegate, in his sole discretion determines that the conveyance 
would not provide a pubUc benefit. 
(2) IDENTIFICATION OF PROPERTY.— 
112 STAT. 3438 
PUBLIC LAW 105-383—NOV. 13, 1998 
(A) The Commandant may identify, define, describe, 
and determine the real property to be conveyed under 
this section. 
(B) The Commandant shall determine the exact acre-
age and legal description of the property to be conveyed 
under this section by a survey satisfactory to the Com-
mandant. The cost of the survey shall be borne by the 
Town. 
(b) TERMS OF CONVEYANCE.— 
(1) IN GENERAL.—^The conveyance of real property under 
this section shall be made— 
(A) without pa5nnent of consideration; and 
(B) subject to the following terms and conditions: 
(i) The Town shall not, upon the property conveyed, 
allow, conduct, or permit any activity, or operate, allow, 
or permit the operation of, any equipment or machin-
ery, that would interfere or cause interference, in any 
manner, with any aid to navigation located upon prop-
erty retained by the United States at Coast Guard 
LORAN Station Nantucket, without the express writ-
ten permission from the Commandant. 
(ii) The Town shall maintain the real property 
conveyed in a manner consistent with the present and 
future use of any property retained by the United 
States at Coast Guard LORAN Station Nantucket as 
a site for an aid to navigation. 
(iii) Any other terms and conditions the Com-
mandsmt considers appropriate to protect the interests 
of the United States, including the reservation of ease-
ments or other rights on behalf of the United States. 
(2) REVERSIONARY INTEREST.—^The conveyance of real prop-
erty pursuant to this section shall be subject to the condition 
that all right, title, and interest in such property shall imme-
diately revert to the United States if— 
(A) the property, or any part thereof, ceases to be 
owned and used by the Town; 
(B) the Town fails to maintain the property conveyed 
in a manner consistent with the terms and conditions in 
paragraph (1); or 
(C) at least 30 days before such reversion, the Com-
mandant provides written notice to the Town that the 
property conveyed is needed for national security purposes. 
SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS. 
(a) IN GENERAL.—^The Commandant of the Coast Guard may 
convey all right, title, and interest of the United States in and 
to each of 2 decommissioned "White Class" 133-foot Coast Guard 
vessels to Canvasback Mission, Inc. (a nonprofit corporation under 
the laws of the State of Oregon; in this section referred to as 
"the recipient"), without consideration, if— 
(1) the recipient agrees— 
(A) to use the vessel for purposes of providing medical 
services to Central and South Pacific island nations; 
(B) not to use the vessel for commercial transportation 
purposes except those incident to the provisions of those 
medical services; 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3439 
(C) to make the vessel available to the United States 
Government if needed for use by the Commandant in times 
of war or a national emergency; and 
(D) to hold the Government harmless for any claims 
arising from exposure to hazardous materials, including 
asbestos and polychlorinated biphenyls (PCBs), 
after 
conveyance of the vessel, except for claims arising from 
the use by the Government under paragraph (1)(C); 
(2) the recipient has funds available that will be committed 
to operate and maintain each vessel conveyed in good working 
condition, in the form of cash, liquid assets, or a written loan 
commitment, and in the amount of at least $400,000 per vessel; 
and 
(3) the recipient agrees to any other conditions the Com-
mandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSELS.—Prior to convey-
ance of a vessel under this section, the Commandant shall, to 
the extent practical, and subject to other Coast Guard mission 
requirements, make every effort to maintain the integrity of the 
vessel and its equipment until the time of delivery. If a conveyance 
is made under this section, the Commandant shall deliver the 
vessel at the place where the vessel is located, in its present 
condition, and without cost to the Government. The conveyance 
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 vessel under this section any excess equipment 
or parts from other decommissioned Coast Guard vessels for use 
to enhance the vessel's operability and function as a medical services 
vessel in Central and South Pacific Islands. 
SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK 
VICTORY. 
Section 1008(d)(1) of the Coast Guard Authorization Act of 
1996 is amended by striking "2 years" and inserting "3 years". 
SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY 
16 USC 459a-10. 
OF THE INTERIOR. 
The Administrator of the General Services Administration shall 
transfer administrative jurisdiction over the Federal property 
consisting of approximately 2 acres, known as the Ocracoke Light 
Station, to the Secretary of the Interior, subject to such reservations, 
terms, and conditions as may be necessary for Coast Guard pur-
poses. All property so transferred shall be included in and adminis-
tered as part of the Cape Hatteras National Seashore. 
SEC. 421. VESSEL DOCUMENTATION CLARIFICATION. 
Section 12102(a)(4) of title 46, United States Code, and section 
2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each 
amended by— 
(1) striking "president or other"; and 
(2) inserting a comma and "by whatever title," after "chief 
executive officer'. 
SEC. 422. DREDGE CLARIFICATION. 
Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 
note) is amended by adding at the end the following: 
112 STAT. 3440 
PUBLIC LAW 105-383—NOV. 13, 1998 
"(3) A vessel— 
"(A) configured, outfitted, and operated primarily for 
dredging operations; and 
"(B) engaged in dredging operations which transfers 
fuel to other vessels engaged in the same dredging oper-
ations without charge.". 
SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY. 
Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. Code 
3703a note) is amended by adding at the end the following: 
"(3)(A) The Secretary of Transportation shall coordinate 
with the Marine Board of the National Research Council to 
conduct the necessary research and development of a rationally 
based equivalency assessment approach, which accounts for 
the overall environmental performance of alternative tank ves-
sel designs. Notwithstandmg the Coast Guard opinion of the 
application of sections 101 and 311 of the Clean Water Act 
(33 U.S.C. 1251 and 1321), the intent of this study is to estab-
lish an equivalency evaluation procedure that maintains a high 
standard 
of environmental protection, while 
encouraging 
innovative ship design. The study shall include: 
"(i) development of a generalized cost spill data base, 
which includes all relevant costs such as clean-up costs 
and environmental impact costs as a function of spill size; 
"(ii) refinement of the probability density functions 
used to establish the extent of vessel damage, based on 
the latest available historical damage statistics, and cur-
rent research on the crash worthiness of tank vessel struc-
tures; 
"(iii) development of a rationally based approach for 
calculating an environmental index, to assess overall out-
flow performance due to collisions and groundings; and 
"(iv) application of the proposed index to double hull 
tank vessels and alternative designs currently under 
consideration. 
Deadline. 
"(B) A Marine Board committee shall be estabhshed not 
Establishment. 
later that 2 months after the date of the enactment of the 
Reports. 
Coast Guard Authorization Act of 1998. The Secretary of 
Transportation shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure in the House of Rep-
resentatives a report on the results of the study not later 
than 12 months after the date of the enactment of the Coast 
Guard Authorization Act of 1998. 
"(C) Of the amounts authorized by section 1012(a)(5)(A) 
of this Act, $500,000 is authorized to carry out the activities 
under subparagraphs (A) and (B) of this paragraph.". 
SEC. 424. VESSEL SHARING AGREEMENTS. 
(a) Section 5 of the Shipping Act of 1984 (46 U.S.C. App. 
1704) is amended by adding at the end the following: 
"(g) VESSEL SHARING AGREEMENTS.—An ocean common carrier 
that is the owner, operator, or bareboat, time, or slot charterer 
of a United States-flag liner vessel documented pursuant to sections 
12102(a) or (d) of title 46, United States Code, is authorized to 
agree with an ocean common CEirrier that is not the owner, operator 
or bareboat charterer for at least 1 year of United States-flag 
liner vessels which are eligible to be included in the Maritime 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3441 
Security Fleet Program and are enrolled in an Emergency Prepared-
ness Program pursuant to subtitle B of title VI of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1187 et seq.), to which it charters 
or subcharters the United States-flag vessel or space on the United 
States-flag vessel that such charterer or subcharterer may not 
use or make available space on the vessel for the carriage of 
cargo reserved by law for United States-flag vessels.". 
(b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. 
App. 1709(c)(6)) is amended by inserting "authorized by section 
5(g) of this Act, or as" before "otherwise". 
(c) Nothing in this section shall affect or in any way diminish 
the authority or effectiveness of orders issued by the Maritime 
Administration pursuant to sections 9 and 41 of the Shipping Act, 
1916 (46 U.S.C. App. 808 and 839). 
(d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C. 
App. 1702(6)(B)) is amended by striking "parcel-tanker." and insert-
ing "parcel-tanker or by vessel when primarily engaged in the 
carriage of perishable agricultural commodities (i) if the common 
carrier and the owner of those commodities are wholly-owned, 
directly or indirectly, by a person primarily engaged in the market-
ing and distribution of those commodities and (ii) only with respect 
to the carriage of those commodities.". 
SEC. 425. REPORTS. 
(a) SWATH TECHNOLOGY.—The Commandant of the Coast 
14 use 93 note. 
Guard shall, within 18 months after the date of the enactment 
of this Act, report to the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Transportation 
and Infrastructure on the applicability of Small Waterplane Area 
Twin Hull (SWATH) technology, including concepts developed by 
the United States Office of Naval Research, to the design of Coast 
Guard vessels. 
(b) MARINE GUIDANCE SvsTEMS.^The Secretary of Transpor- 
33 use 1323 
tation shall, within 12 months after the date of the enactment 
^°^-
of this Act, evaluate and report to the Congress on the suitability 
of marine sector laser lighting, cold cathode lighting, and ultraviolet 
enhanced vision technologies for use in guiding marine vessels 
and traffic. 
SEC. 426. REPORT ON TONNAGE CALCULATION METHODOLOGY. 
The Administrator of the Panama Canal Commission shall, 
within 90 days of the date of the enactment of this Act, submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing the methodology 
employed in the calculation of the charge of tolls for the carriage 
of on-deck containers and the justification thereof. 
SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE 
FLEET VESSELS. 
(a) AUTHORITY TO CONVEY.—Notwithstanding any other law, 
the Secretary of Transportation (referred to in this section as "the 
Secretauy") may convey all right, title, and interest of the Federal 
Government in and to either or both of the vessels S.S. AMERICAN 
VICTORY (United States official 
number 248005) and 
S.S. 
HATTIESBURG VICTORY (United States official number 248651) 
to The Victory Ship, Inc., located in Tampa, Florida (in this section 
112 STAT. 3442 
PUBLIC LAW 105-383—NOV. 13, 1998 
referred to as the "recipient"), and the recipient may use each 
vessel conveyed only as a memorial to the Victory class of ships. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrjdng out subsection (a), 
the Secretary shall deliver a vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the Federal Government. 
(2) REQUIRED CONDITIONS.—^The Secretary may not convey 
a vessel under this section unless— 
(A) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous 
material, including asbestos and polychlorinated biphenyls, 
after conveyance of the vessel, except for claims arising 
before the date of the conveyance or from use of the vessel 
by the Government after that date; and 
(B) the recipient has available, for use to restore the 
vessel, in the form of cash, liquid assets, or a written 
loan commitment, financial resources of at least $100,000. 
^ 
(3) ADDITIONAL TERMS.—^The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) OTHER UNNEEDED EQUIPMENT.—^The Secretary may convey 
to the recipient of any vessel conveyed under this section any 
unneeded equipment from other vessels in the National Defense 
Reserve Fleet, for use to restore the vessel conveyed under this 
section to museum quality. 
SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE 
FLEET VESSEL, JOHN HENRY. 
(a) AUTHORITY TO CONVEY.—^Notwithstanding any other law, 
the Secretary of Transportation (in this section referred to as "the 
Secretary") may convey all right, title, and interest of the United 
States Government in and to the vessel JOHN HENRY (United 
States official number 599294) to a purchaser for use in humani-
tarian reUef efforts, including the provision of water and humani-
tarian goods to developing nations. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrjdng out subsection (a), 
the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; 
(C) at no cost to the United States Government; and 
(D) only after the vessel has been redesignated as 
not militarily useful. 
(2) REQUIRED CONDITIONS.—^The Secretary may not convey 
a vessel under this section unless— 
(A) competitive procedures are used for sales under 
this section; 
(B) the vessel is sold for not less than the fair market 
value of the vessel in the United States, as determined 
by the Secretary of Transportation; 
(C) the recipient agrees that the vessel shall not be 
used for commercial transportation purposes or for the 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3443 
carriage of cargoes reserved to United States flag commer-
cial vessels under section 901(b) £ind 90 If of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f); 
(D) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous 
material, including asbestos and polycnlorinated biphenyls, 
after the conveyance of the vessel, except for claims arising 
before the date of the conveyance or from use of the vessel 
by the Government after that date; and 
(E) the recipient provides sufficient evidence to the 
Secretary that it has financial resources in the form of 
cash, liquid assets, or a written loan commitment of at 
least $100,000. 
(F) the recipient agrees to make the vessel available 
to the Government if the Secretary requires use of the 
vessel by the Government for war or national emergency. 
(G) the recipient agrees to document the vessel under 
chapter 121 of title 46, United States Code. 
(3) ADDITIONAL TERMS.—^The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) PROCEEDS.—^Any amounts received by the United States 
as proceeds from the sale of the MA^ JOHN HENRY shall be 
deposited in the Vessel Operations Revolving Fund established 
by the Act of June 2, 1951 (chapter 121; 46 U.S.C. App. 1241a) 
and shall be available and expended in accordance with section 
6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)). 
SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS 
AND ENCUMBRANCES. 
Section 
315(c)(1) 
of 
the 
Federal 
Maritime 
Commission 
Authorization Act of 1990 (Pubhc Law 101-595; 104 Stat. 2988) 
is amended— 
(1) by striking "3 contiguous tracts" and inserting "4 tracts"; 
and 
(2) by striking "Tract A" and all that follows through the 
end of the paragraph and inserting the following: 
"Tract 1—Commencing at a point N45° 28' 31" E 198.3 feet from point 'A' as shown 
on plat of survey of 'Boundary Agreement of CAFB' by D.W. Jessen and 
Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, 
Louisiana; thence 844° 29' 09" E 220 feet; thence N45° 28' 31" E 50 feet; 
thence N44° 29' 09" W 220 feet; thence 845° 28' 31" W 50 feet to the 
point of commencement and containing 11,000 square feet (0.2525 
acres). 
"Tract 2—Commencing at a point N45° 28' 31" E 198.3 feet from point 'A' as shown 
on plat of survey of 'Boundary Agreement of CAFB' by D.W. Jessen and 
Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, 
Louisiana; thence 844° 29' 09" E 169.3 feet; thence 845° 28' 31" W 75 
feet; (Deed CaU 845° 30' 51" W 75 feet), thence N44° 29' 09" W 169.3 
feet; thence N45° 28' 31" E 75 feet to tiie point of conmiencement and 
containing 12,697 square feet (0.2915 acres). 
"Tract 3—Commencing at a point N45° 28' 31" E 248.3 feet from point 'A' as shown 
on plat of survey of 'Boundary Agreement of CAFB' by D.W. Jessen and 
Associates, Civil Engineers, Lake Charles, Lomsiana, dated August 7, 
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, 
Louisiana; thence 844° 29' 09" E 220 feet; thence N45° 28' 31" E 50 feet; 
thence N44° 29' 09" W 220 feet; thence 845° 28' 31" W 50 feet to the 
point of commencement and containing 11,000 square feet (0.2525 
acres). 
112 STAT. 3444 
PUBLIC LAW 105-383—NOV. 13, 1998 
"Tract 4—Commencing at a point N45° 28' 31" E 123.3 feet and S44° 29' 09" E 
169.3 feet from point *A' as shown on plat of siorvey of "Boundary Agree-
ment of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake 
Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at 
page 20, Records of Calcasieu Parish, Louisiana; thence S44° 29' 09" E 
50.7 feet; thence N45° 28' 31" E 75 feet; thence N44° 29' 09" W 50.7 
feet; thence S45° 28' 31" W 75 feet (Deed Call S45° 30' 51" W 75 feet) 
to the point of commencement and containing 3,802 square feet (0.0873 
acres). 
"Composite Description—^A tract of land lying in section 2, Township 10 South— 
Range 8 West, Calcasieu Parish, Louisiana, and being mone [sic] par-
ticularly described as follows: Begin at a point N45° 28 31" E 123.3 feet 
from point 'A' as shown on plat of svLrvey of 'Boundaiy Agreement of 
CAFB by D.W. Jessen and Associates, Civil Engineers, Lake Charles, 
Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, 
Records of Calcasieu Parish, Louisiana; thence N45° 28' 31" E 175.0 
feet; thence S44° 29' 09" E 220.0 feet; thence S45° 28' 31" W 175.0 feet; 
thence N44° 29' 09" W 220.0 feet to the point of beginning, containing 
0.8035 acres.". 
SEC. 430. BARGE APL-60. 
(a) IN GENERAL.—^Notwithstanding section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of 
June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 
46, United States Code, the Secretary may issue a certificate of 
documentation with appropriate endorsement for employment in 
the coastwise trade for the barge APL-60 (United States official 
number 376857). 
(b) LEVIITATIONS.—^The vessel described in subsection (a) may 
be employed in the coastwise trade only for the purpose of partici-
pating in the ship disposal initiative initially funded oy the Depart-
ment of Defense Appropriations Act, 1999, for the duration of that 
initiative. 
(c) TERMINATION.—^A coastwise endorsement issued under sub-
section (a) shall terminate on the earlier of— 
(1) the completion of the final coastwise trade voyage associ-
ated with the ship disposal initiative described in subsection 
(b); or 
(2) the sale or transfer of the vessel described in subsection 
(a) to an owner other than the owner of the vessel as of 
October 1,1998. 
SEC. 431. VESSEL FINANCING FLEXIBILITY. 
The Secretary of Transportation may guarantee obligations 
under section 1103 of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1273), for the vessels planned for construction to be purchased 
by the American West Steamboat Company and to be neuned 
QUEEN OF THE YUKON, which will operate on the Yukon and 
Tanana Rivers, and EMPRESS OF THE NORTH, which will operate 
in Alaska, Washington, and Oregon. Notwithstanding sections 509, 
1103(c)), and 1104A(b) of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1159, 1273(c), and 1274(b)), the Secretary of Transportation 
may guarantee obligations of 87y2 percent of the purchase price 
of such vessels. Each obligation guaranteed under this section may 
have a maturity date of 25 years from the date of delivery of 
the vessel concerned. 
SEC. 432. HYDROGRAPHIC FUNCTIONS. 
33 use 892c 
(a) EFFECTIVE DATE.—Subsections (b) and (c) shall take effect 
^ot«- 
immediately after the later of— 
(1) the enactment of the Hydrographic Services Improve-
ment Act of 1998; or 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3445 
(2) the enactment of this Act. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 306 of the 
Hydrographic Services improvement Act of 1998 is amended to 33USC892d. 
read as follows: 
"SEC. 306. AUTHORIZATION OP APPROPRIATIONS. 
"There is authorized to be appropriated to the Administrator 
the following: 
"(1) To carry out nautical mapping and charting functions 
under the Act of 1947 and sections 303 and 304, except for 
conducting hydrographic surveys, $33,000,000 for fiscal year 
1999, $34,000,000 for fiscal year 2000, and $35,000,000 for 
fiscal yeeir 2001. 
"(2) To conduct hydrographic surveys imder section 
303(a)(1), including the leasing of ships, $33,000,000 for fiscal 
year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 
for fiscal year 2001. Of these amounts, no more than 
$16,000,000 is authorized for any one fiscal year to operate 
hydrographic survey vessels owned and operated by the 
Administration. 
"(3) To carry out geodetic functions under the Act of 1947, 
$25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 
2000, and $30,000,000 for fiscal year 2001. 
"(4) To carry out tide and current measurement functions 
under the Act of 1947, $22,500,000 for each of fiscal years 
1999 through 2001. Of these amounts $4,500,000 is authorized 
for each fiscal year to implement and operate a national quality 
control system for real-time tide and current and maintain 
the national tide network, and $7,000,000 is authorized for 
each fiscal year to design and install real-time tide and current 
data measurement systems under section 303(b)(4).". 
(c) REPEAL OF REPORT REQUIREMENTS.—Section 305 of 
the 
Hydrographic Services Improvement Act of 1998 is amended by 33USC892c. 
striking subsections (a) and (d). 
TITLE V—ADMINISTRATIVE PROCESS 
FOR JONES ACT WAIVERS 
SEC. 501. FINDINGS. 
The Congress finds that— 
(1) current coastwise trade laws provide no administrative 
authority to waive the United-States-built requirement of those 
laws for the limited carriage of passengers for hire on vessels 
built or rebuilt outside the United States; 
(2) requests for such waivers require the enactment of 
legislation by the Congress; 
(3) each Congress routinely approves numerous such 
requests for waiver and rarely rejects any such request; and 
(4) the review and approval of such waiver requests is 
a ministerial function which properly should be executed by 
an administrative agency with appropriate expertise. 
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS. 
Notwithstanding sections 12106 and 12108 of title 46, United 
States Code, section 8 of the Act of June 19, 1886 (46 U.S.C. 
App. 289), and section 27 of the Merchant Marine Act, 1920 (46 
46 use 12106 
note. 
46 use 12106 
note. 
112 STAT. 3446 
PUBLIC LAW 105-383—NOV. 13, 1998 
46 use 12106 
note. 
46 use 12106 
note. 
46 use 12106 
note. 
U.S.C. App. 883), the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade as a small passenger vessel 
or an uninspected passenger vessel for an eligible vessel authorized 
to carry no more than 12 passengers for hire if the Secretary, 
after notice and an opportunity for public comment, determines 
that the employment of the vessel in the coastwise trade will 
not adversely affect— 
(1) United States vessel builders; or 
(2) the coastwise trade business of any person who employs 
vessels built in the United States in that business. 
SEC. 503. REVOCATION. 
The Secretary may revoke an endorsement issued under section 
502, after notice and an opportunity for public comment, if the 
Secretary determines that the employment of the vessel in the 
coastwise trade has substantially changed since the issuance of 
the endorsement, and— 
(1) the vessel is employed other than as a small passenger 
vessel or £in uninspected passenger vessel; or 
(2) the employment of the vessel adversely affects— 
(A) United States vessel builders; or 
(B) the coastwise trade business of any person who 
employs vessels built in the United States. 
SEC. 504. DEFINITIONS. 
In this title: 
(1) SECRETARY,—^The term "Secretary" means the Secretary 
of Transportation, 
(2) ELIGIBLE VESSEL.—The term "eligible vessel" means 
a vessel that— 
(A) was not built in the United States and is at least 
3 years of age; or 
(B) if rebuilt, was rebuilt outside the United States 
at least 3 years before the certification requested under 
section 502, if granted, would take effect. 
(3) SMALL PASSENGER VESSEL; UNINSPECTED PASSENGER 
VESSEL; PASSENGER FOR HIRE.—The terms "small passenger 
vessel", "uninspected passenger vessel", and "passenger for 
hire" have the meaning given such terms by section 2101 of 
title 46, United States Code. 
SEC. 505. SUNSET. 
(a) IN GENERAL.—Subject to subsection (b), this title (other 
than this section) shall have no force or effect on or after September 
30, 2002. 
(b) ENDORSEMENTS CONTINUE.—^Any certificate or endorsement 
issued under section 502 before the date referred to in subsection 
(a) of this section shall continue in effect until otherwise invalidated 
or revoked under chapter 121 of title 46, United States Code. 
PUBLIC LAW 105-383—NOV. 13, 1998 
112 STAT. 3447 
TITLE VI—HARMFUL ALGAL BLOOMS 
AND HYPOXIA 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998". 
SEC. 602. FINDINGS. 
The Congress finds that— 
(1) me recent outbreak of the harmful microbe Pfiesteria 
piscicida in the coastal waters of the United States is one 
example of potentially harmful algal blooms composed of natu-
rally occurring species that reproduce explosively and that are 
increasing in frequency and intensity in the Nation's coastal 
waters; 
(2) other recent occurrences of harmful algal blooms include 
red tides in the Gulf of Mexico and the Southeast; brown 
tides in New York and Texas; ciguatera fish poisoning in 
Hawaii, Florida, Puerto Rico, and the United States Virgin 
Islands; and shellfish poisonings in the Gulf of Maine, the 
Pacific Northwest, and the Gulf of Alaska; 
(3) in certain cases, harmful algal blooms have resulted 
in fish kills, the deaths of numerous endangered West Indian 
manatees, beach and shellfish bed closures, threats to public 
health and safety, £ind concern among the public about the 
safety of seafood; 
(4) according to some scientists, the factors causing or 
contributing to harmful algal blooms may include excessive 
nutrients in coastal waters, other forms of pollution, the trans-
fer of harmful species through ship ballast water, and ocean 
currents; 
(5) hsirmful algal blooms may have been responsible for 
an estimated $1,000,000,000 in economic losses during the past 
decade; 
(6) harmful algal blooms and blooms of non-toxic algal 
species may lead to other damaging marine conditions such 
as h3rpoxia (reduced oxygen concentrations), which are harmful 
or fatal to fish, shellfish, and benthic organisms; 
(7) according to the National Oceanic and Atmospheric 
Administration in the Department of Commerce, 53 percent 
of United States estuaries experience h3rpoxia for at least part 
of the ye£ir and a 7,000 square mile area in the Gulf of Mexico 
off Louisiana and Texas suffers from hypoxia; 
(8) according to some scientists, a factor believed to cause 
hypoxia is excessive nutrient loading into coastal waters; 
(9) there is a need to identify more workable and effective 
actions to reduce nutrient loadings to coastal waters; 
(10) the National Oceanic and Atmospheric Administration, 
through its ongoing research, education, grant, and coastal 
resource management programs, possesses a full range of 
capabilities necessary to support a near and long-term com-
E
rehensive effort to prevent, reduce, and control harmful algal 
looms and hypoxia; 
(11) funding for the research and related programs of the 
National Oceanic and Atmospheric Administration will aid in 
improving the Nation's understanding and capabilities for 
Hannful Algal 
Bloom and 
Hypoxia 
Research and 
Control Act of 
1998. 
16 u s e 1451 
note. 
16 u s e 1451 
note. 
112 STAT. 3448 
PUBLIC LAW 105-383—NOV. 13, 1998 
addressing the human and environmental costs associated with 
harmful algal blooms and hypoxia; and 
(12) other Federal agencies such as the Environmental 
Protection Agency, the Depsirtment of Agriculture, and the 
National Science Foundation, along with the States, Indian 
tribes, and local governments, conduct important work related 
to the prevention, reduction, and control of harmful algal 
blooms and hypoxia. 
16 use 1451 
SEC. 603. ASSESSMENTS. 
°***®' 
(a) ESTABLISHMENT OF INTER-AGENCY 
TASK 
FORCE.—The 
President, through the Committee on Environment and Natural 
Resources of the National Science and Technology Council, shall 
establish an Inter-Agency Task Force on Harmful Algal Blooms 
and Hypoxia (hereinafter referred to as the 'Task Force"). The 
Task Force shall consist of the following representatives from— 
(1) the Department of Commerce (who shall serve as Chair-
man of the Task Force); 
(2) the Environmental Protection Agency; 
(3) the Department of Agriculture; 
(4) the Department of the Interior; 
(5) the Department of the Navy; 
(6) the Department of Health and Human Services; 
(7) the National Science Foundation; 
(8) the National Aeronautics and Space Administration; 
(9) the Food and Drug Administration; 
(10) the Office of Science and Technology Policy; 
(11) the Council on Environmental Quality; and 
(12) such other Federal agencies as the President considers 
appropriate. 
(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.— 
Deadline. 
(1) Not later than 12 months after the date of the enact-
ment of this title, the Task Force, in cooperation with the 
coastal States, Indian tribes, and local governments, industry 
(including agricultural organizations), academic institutions, 
and non-governmental organizations with expertise in coastal 
zone management, shall complete and submit to the Congress 
an assessment which exEimines the ecological and economic 
consequences of harmful algal blooms, alternatives for reducing, 
mitigating, and controlling harmful algal blooms, and the social 
and economic costs and benefits of such alternatives. 
(2) The assessment shall— 
(A) identify alternatives for preventing unnecessary 
duplication of effort among Federal agencies and depart-
ments with respect to harmful algal blooms; £ind 
(B) provide for Federal cooperation and coordination 
with and assistance to the coastal States, Indian tribes, 
and local governments in the prevention, 
reduction, 
management, mitigation, and control of harmful algal 
blooms and their environmental and public health impacts. 
(c) ASSESSMENT OF HYPOXL\.— 
Deadline. 
(1) Not later thgui 12 months after the date of the enact-
ment of this title, the Task Force, in cooperation with the 
States, Indian tribes, local governments, industry, agricultural, 
academic institutions, and non-governmental 
organizations 
with expertise in watershed and coastal zone management, 
shall complete and submit to the Congress an assessment which 
PUBLIC LAW 105-383—NOV. 13,1998 
112 STAT. 3449 
examines the ecological and economic consequences of h3T)oxia 
in United States coastal waters, alternatives for reducing, miti-
gating, and controlling h3rpoxia, and the social and economic 
costs and benefits of such alternatives. 
(2) The assessment shall— 
(A) establish needs, priorities, and guidelines for a 
peer-reviewed, inter-agency research program on the 
causes, characteristics, and impacts of hypoxia; 
(B) identify alternatives for preventing unnecessary 
duplication of effort among Federal agencies and depart-
. ments with respect to hypoxia; and 
(C) provide for Federal cooperation and coordination 
with and assistance to the States, Indian tribes, and local 
governments in the prevention, reduction, management, 
mitigation, and control of hypoxia and its environmental 
impacts. 
(e) DISESTABLISHMENT OF TASK FoRCE.^The President may 
disestablish the Task Force after submission of the plan in section 
604(d). 
SEC. 604. NORTHERN GULP OF MEXICO HYPOXIA. 
16 USC 1451 
(a) ASSESSMENT REPORT.^Not later than May 30, 1999, the Deadline. 
Task Force shall complete and submit to Congress and the President 
an integrated assessment of hypoxia in the northern Gulf of Mexico 
that examines: the distribution, dynamics, and causes; ecological 
and economic consequences; sources and loads of nutrients trans-
ported by the Mississippi River to the Gulf of Mexico; effects of 
reducing nutrient loads; methods for reducing nutrient loads; and 
the social and economic costs and benefits of such methods. 
(b) SUBMISSION OF A PLAN.—NO later than March 30, 2000, 
the President, in conjunction with the chief executive officers of 
the States, shall develop and submit to Congress a plan, based 
on the integrated assessment submitted under subsection (a), for 
reducing, mitigating, and controlling hypoxia in the northern Gulf 
of Mexico. In developing such plein, the President shall consult 
with State, Indian tribe, and local governments, academic, agricul-
tural, industry, and environmental groups and representatives. 
Such plan shall include incentive-based partnership approaches. 
The plan shall also include the social and economic costs and 
benefits of the measures for reducing, mitigating, and controlling 
hypoxia. At least 90 days before the President submits such plgin 
to the Congress, a summgiry of the proposed plan shall be published 
in the Federal Register for a public comment period of not less 
than 60 days. 
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 1451 
There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities related 
to the prevention, reduction, and control of harmful algal blooms 
and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal 
year 2000, and $19,000,000 for fiscal year 2001, to remain available 
until expended. The Secretary shall consult with the States on 
a regular basis regarding the development and implementation 
of the activities authorized under this section. Of such amounts 
for each fiscal year— 
112 STAT. 3450 
PUBLIC LAW 105-383—NOV. 13, 1998 
(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal 
year 2000, and $2,000,000 for fiscal year 2001 may be used 
to enable the National Oceanic and Atmospheric Administration 
to carry out research and assessment activities, including 
procurement of necessary research equipment, at research lab-
oratories of the National Ocean Service and the National 
Marine Fisheries Service; 
(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal 
year 2000, and $5,500,000 for fiscal year 2001 may be used 
to carry out the Ecology and Oceanography of Harmful Algal 
Blooms (ECOHAB) project under the Coastal Ocean Program 
established under section 201(c) of Public Law 102-567; 
(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal 
year 2000, and $2,000,000 for fiscal year 2001 may be used 
by the National Ocean Service of the National Oceanic and 
Atmospheric Administration to carry out a peer-reviewed 
research project on management measures that can be taken 
to prevent, reduce, control, and mitigate harmful algal blooms; 
(4) $5,500,000 for each of the fiscal years 1999, 2000, 
and 2001 may be used to carry out Federal and State annual 
monitoring and analysis activities for harmful algal blooms 
administered by the National Ocean Service of the National 
Oceanic and Atmospheric Administration; and 
(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal 
year 2000, and $4,000,000 for fiscal year 2001 may be used 
for activities related to research and monitoring on hypoxia 
by the National Ocean Service and the Office of Oceanic and 
Atmospheric Research of the National Oceanic and Atmospheric 
Administration. 
16 use 1451 
SEC. 606. PROTECTION OF STATES' RIGHTS. 
(a) Nothing in this title shall be interpreted to adversely affect 
existing State regulatory or enforcement power which has been 
granted to any State through the Clean Water Act or Coastal 
Zone Msmagement Act of 1972. 
(b) Nothing in this title shall be interpreted to expand the 
regulatory or enforcement power of the Federal Government which 
has been delegated to any State through the Clean Water Act 
or Coastal Zone Management Act of 1972. 
Approved November 13, 1998. 
LEGISLATIVE fflSTORY—H.R. 2204 (S. 1259): 
HOUSE REPORTS: No. 105-236 (Comm. on Transportation and Infrastructure). 
SENATE REPORTS: No. 105-246 accompanying S. 1259 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Oct. 21, considered and passed House. 
Vol. 144 (1998): Oct. 12, considered and passed Senate, amended, in lieu of 
S. 1259. 
Oct. 15, House concurred in Senate amendment with an 
amendment. 
Oct. 21, Senate concurred in House amendment.