[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Enrolled Bill (ENR)]
H.R.2204
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To authorize appropriations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

73491f13a1d2f6fea1b96a8fdb8a577cc76d3aab4cf09f77d54c215fbb28f03e

This Act may be cited as the ``Coast Guard Authorization Act of
1998''.

e3a3be2f755d45ec58978af5c7a48edb35b3a7e95a2a2e18b135ef247416ed7c

The table of contents for this Act is as follows:

3f9decdc7498325c7f33d0140642155ca7ac6de539b721a94926988ea6b8d3f7

bf73b229fcca68f820cbe5302bdfdea1802c6cfd94b89f706b6209327559d8b6

TITLE II

-COAST GUARD MANAGEMENT

0fa44c4299d975b35d11f56069afc636d16ffc2d3802763336fc377431e4ff34

30e5a84888c22e4e33bce815e73bea3e36a2a2eb888ff3a83f56e559b84fa9fc

TITLE IV

-MISCELLANEOUS

24bb3de01efc545167caa959e8b305de4f9bc09979e3731249f9190d95bd17d3

db4eda9135dce2d23ec1c70186c5f22a48b4698dbc19b0a1a27140d01aa44e5d

21bf322fb921539fc72e562c9297d480060d32e524f7c2b37a8327e0df378920

3d73cebb5dd9c503e1737959476e16aedb2179d2d9a2d67b2322055d1fb5b437

c79c54476116e373c6f9e5536a75225f32c58fc45b6363b173cedeea1a38ed5a

31ae29e62ab3e274155e67d7f3b7b2088bfa27be9341e239cbecef86edd08c52

00ac47ec3b990034913b4284ff93e419fa7f5a76887d87c486aa55ac5892e006

Funds are authorized to be appropriated for necessary expenses of
the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) for fiscal year 1998, $2,715,400,000; and
(B) for fiscal year 1999, $2,854,700,000; of which
$25,000,000 shall be derived each fiscal year from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 and of which not
less than $408,000,000 shall be available for 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--
(A) for fiscal year 1998, $399,850,000, of which $2,000,000
shall be made available for concept evaluation for a
replacement vessel for the Coast Guard icebreaker MACKINAW; and
(B) for fiscal year 1999, $510,300,000, of which $5,300,000
shall be made available to complete the conceptual design for a
replacement vessel for the Coast Guard icebreaker 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
technologies, 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 payments 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 navigation, 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.

4cc52d3483cf8f875038d52cbe67a09a3ff6b3ccf769ccef63519b678723499b

TITLE I

-AUTHORIZATION

(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of--
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training--
(A) for fiscal year 1998, 1,424 student years; and
(B) for fiscal year 1999, 1,424 student years.
(2) For flight training--
(A) for fiscal year 1998, 98 student years; and
(B) for fiscal year 1999, 98 student years.
(3) For professional training in military and 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.

3dece8576f9bc55cb333ef6e5e717b83f8653e6290b0e302f20bea75c5fce7ae

(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 infrastructure, $10,000,000 for
fiscal year 1999. The Secretary of Transportation may transfer from the
Federal Aviation Administration and other agencies of the department
funds appropriated as authorized under this section in order to
reimburse the Coast Guard for related expenses.
(b) Cost-Sharing Plan.--Not later than 6 months after the date of
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 Transportation and
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.

72e28a7d721f114bd0d60b89791b5ce5d5e44db3a826d678ea77994a9c9e705c

(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 separated do not warrant
payment of that amount of severance pay.''.
(c) Exception.--Section 327 of title 14, United States Code, is
amended by striking the period at the end of paragraph (b)(3) and
inserting ``, unless the Secretary determines that the conditions under
which the officer is discharged or separated do not warrant payment of
that amount of severance pay.''.

1796af744f64dd390b723c965e890c64bd61957ecfdaf11efdd12fd2d480d61e

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) provide for the honorary recognition of individuals and
organizations that significantly contribute to Coast Guard
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).''.

3f904476e84a982f00390ad4f71ef5b57440145ffe6da93add407329ac4005cc

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 service member at a
national cemetery.''.

84d20d7e5e4ba040a7207772d8402fb113edfe2fe8800ce4ba10a0cf3ba27688

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 assistance 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.

b3e888aaca6769a93d7933cfafff91c64aad45e688d2af945874a5f7c5c0b101

GUARD INVESTIGATIVE SERVICE.
(a) Authority.--Section 95 of title 14, United States Code, is
amended to read as follows:
``Sec.  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) any 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.
``(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
exercised in accordance with guidelines prescribed by the Commandant
and approved by the Attorney General and any other applicable
guidelines prescribed by the Secretary of Transportation or the
Attorney General.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 14, United States Code, is amended by striking the
item related to section 95 and inserting the following:
``95. Special agents of the Coast Guard Investigative Service law
enforcement authority.''.

29866a27ea1ef286e2601e5a6acccd42f4856fddc59a4ce23834aa8054778a08

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 the participation in the property disposal decisionmaking
process of the States, local communities, and appropriate non-
profit organizations;
(3) facilitate the expeditious transfer of excess property for
recreation, historic preservation, education, transportation, or
other uses that benefit the general public; and
(4) ensure that the interests of Federal taxpayers are
protected.

f8dd263c54c290eac81771fdab876464eeec06aaf582c780ec26185109411999

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, including a fee
or charge for any domestic icebreaking service or any other
navigational assistance service. This subsection expires on September
30, 2001.''.

2d6a2fbeb11efaf08f9697e4d369dda4909d851a6808afde5b5559efddc74eac

Not later than 18 months after the date of the enactment of this
Act, the Commandant of the Coast Guard shall submit to Congress a
report on the use of the Coast Guard's aids to navigation system. The
report shall include an analysis of the respective use of the aids to
navigation system by commercial interests, members of the general
public for personal recreation, Federal and State government for 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.

30459002f4cb3528da840421e57b74a0d2ef1a516583538f41a89cd38894638c

(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 amended by striking
paragraph (2) and inserting the following:
``(2) operating--
``(A) in internal waters of the United States; or
``(B) within 3 nautical miles from the baselines from which
the territorial sea of the United States is measured.''.

f4ea396c1121e1fa069cf56c7ecb9255a2310c858f1253ab8f37b5966332d017

TITLE III

-MARINE SAFETY

VESSEL.
(a) In General.--Section 2302 of title 46, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 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.''.

f946e4d209678e51f383e670c49d5143dbea05a6f235a8f09f22160a5b472554

Section 9307 of title 46, United States Code, is amended to read as
follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
``(a) The Secretary shall establish a Great Lakes Pilotage Advisory
Committee. The Committee--
``(1) may review proposed Great Lakes pilotage regulations and
policies 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 operators
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 maritime
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.
``(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 pay in
effect for GS-18 of the General Schedule under section 5332 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.''.

65733cc13317e32a8ece97677ca2ec03d600e78f954c01affbf73ca1dfa30b59

(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:
``Sec. 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 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.''.

8324a210bc133f4d9278dd4abfc5a290c07de9addfeb70d3063c9261a438b6ea

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.''.

e8ed77cdbd8c3ab579c39f954204ab63982d62a9eaf4bf90010a233f9d70a63f

(a) Report on Implementation and Enforcement of 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 pursuant to
the Code play in such enforcement actions;
(C) evaluating the effects the Code has had on marine
safety and environmental protection, and identifying actions to
further promote marine safety and environmental 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 and candidness of such reporting and auditing.
These recommended actions may include proposed limits on the use in
legal proceedings of documents produced pursuant to the Code.
(2) The Secretary shall provide opportunity for the public to
participate in and comment on the study conducted under paragraph
(1).
(3) Not later than 18 months after the date of the enactment of
this Act, the Secretary shall submit to the Congress a report on
the results of the study conducted under paragraph (1).
(b) Policy.--
(1) Not later than 9 months after submission of the report in
subsection (a)(3), the Secretary shall develop a policy to 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 elements of the
policy.
(2) The Secretary shall provide opportunity for the public to
participate in the development of the policy in paragraph (1).
(3) Upon completion of the policy in paragraph (1), the
Secretary shall publish the policy in the Federal Register and
provide opportunity for public comment on the policy.

3a8aaa7b6fa98aff3af1d9e8e055c426ac89ad49e73b0cdcb332fe21105490a1

(a) Definition of Oil.--Section 1001(23) of the Oil Pollution Act
of 1990 (33 U.S.C. 2701(23)) is amended to read as follows:
``(23) `oil' means oil of any kind or in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil, but does not include any substance which
is specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601) and which is subject to the provisions of that
Act;''.
(b) Report.--Not later than 6 months after the date of 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 evaluation.

0c96f7bf96935d9dd61710fb77ef9ec84ee6244149bcadb834b23859cc118a73

(a) In General.--The Secretary of Transportation, through the Coast
Guard and the Maritime Administration, shall, in consultation with the
National Ocean Service of the National Oceanic and Atmospheric
Administration, the Corps of Engineers, and other interested Federal
agencies and departments, establish a task force to assess the 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
Transportation or his designee and may be comprised of the
representatives of interested Federal agencies and departments and
such other nonfederal entities as the Secretary deems appropriate.
(2) The provisions of the Federal Advisory Committee Act shall
not apply to the task force.
(c) Assessment.--
(1) In carrying out the assessment under this section, the task
force shall examine critical issues and develop strategies,
recommendations, and a plan for action. Pursuant to such
examination and 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 Government 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.

786395d1910e7e13dd986b9d01dc9b565b9d5ee3425132567d62d73da2991a95

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 Intracoastal Waterway and
operators of recreational vessels beyond the Boundary Line. The
assessment shall at a minimum--
(1) evaluate the current availability and 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 programs to
encourage the availability and use of EPIRBS and similar devices by
the operators of recreational vessels.

a634adbe34b1dfe50e70a93e31fcb5130db02b0b1a84ea81555d929ea0fc431c

Not later than 9 months after the 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;
(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.

6016c6ef6ffa805dd701e7ce41e6ca1329683aebdbd5469d3a358dab002c28dd

(a) Definitions.--In this section:
(1) First coast guard district.--The term ``First Coast Guard
District'' means the First Coast Guard District described in
section 3.05-1(b) of title 33, Code of Federal Regulations.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the department in which the Coast Guard is operating.
(3) Waters of the northeast.--The term ``waters of the
Northeast''--
(A) means the waters subject to the 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, the
Secretary shall promulgate regulations for towing vessel 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
full consideration to each of the recommendations for
regulations contained in the report entitled ``Regional
Risk Assessment of Petroleum Transportation 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 regulations
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, 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
(1)(B)(i) relating to anchoring and barge retrieval systems,
and the Secretary shall provide a detailed explanation if any
recommendation is not adopted.
(B) Rule of construction.--Nothing in subparagraph (A)
prevents the Secretary from promulgating interim final
regulations that apply throughout the United States relating to
anchoring and barge retrieval systems that contain requirements
that are as stringent as the requirements of the regulations
promulgated under subparagraph (A).

67983ec7a2a01e4aa58b7a655ee513d0ac48487a3e4136ebd026748c33396fb2

The Secretary of Transportation is authorized to take appropriate
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.

890c9865dedd81ef7129d8f47e64648952f1fd213b1638862afbade611088b9b

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 the following:
``(d) Ship Reporting Systems.--The Secretary, in cooperation with
the International Maritime Organization, is authorized to implement and
enforce two mandatory ship reporting systems, consistent with
international law, with respect to vessels subject to such reporting
systems entering the following areas of the Atlantic Ocean: Cape Cod
Bay, Massachusetts Bay, and Great South Channel (in the area generally
bounded by a line starting from a point on Cape Ann, Massachusetts at
42 deg. 39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70
deg. 13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg.
17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then west to 42
deg. 04' N., 70 deg. 10' W; and then along the Massachusetts shoreline
of Cape Cod Bay and Massachusetts Bay back to the 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
shoreline east to longitude 80 deg. 51.6' W with the southern and
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N.,
respectively).''.

60f190a75f35fc01e6f3893d5df7fb0e7887a90956796f3d868df8ef728c1752

(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:
``Sec. 12124. Surrender of title and number
``(a) A documented vessel shall not be titled by a State or
required to display numbers under chapter 123, and any certificate of
title issued by a State for a documented vessel shall be surrendered in
accordance with regulations prescribed by the Secretary of
Transportation.
``(b) The Secretary may approve the surrender under subsection (a)
of a certificate of title for a vessel covered by a preferred mortgage
under section 31322(d) of this title only if the mortgagee consents.''.
(b) Conforming Amendment.--The chapter analysis for chapter 121 of
title 46, United States Code, is amended by adding at the end 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
documentation is filed under chapter 121 of this title,''; and
(7) by inserting ``a vessel titled in a State,'' in section
31325(c) after ``a vessel to be documented under chapter 121 of
this title,''.

0b57bd3efada95a50470223295cb5d923289aace8066b457381e347ad23aa2b8

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.

668f5378f91b7103084dc092867b34ae83fa4695064100b8ab3337577cc74879

(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 Transportation 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 Carolina State
official number 264959).
(9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian
registration number 318746).
(10) MAR Y PAZ (United States official number 668179).
(11) SAMAKEE (State of New York registration number NY 4108
FK).
(12) NAWNSENSE (United States official 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 official 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 number 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 VA 7271
P).
(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).
(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 CG019166;
National Vessel Documentation Center number 1055559).
(59) VIKING (United States official number 224430).
(60) SARAH B (United States official number 928431).
(b) FALLS POINT.--Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 U.S.C. App. 883), 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 endorsement for employment in the
coastwise trade for the vessel FALLS POINT, State of Maine registration
number ME 5435 E.
(c) COASTAL TRADER.--Section 1120(g) of the Coast Guard
Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3978) is
amended by inserting ``COASTAL TRADER (United States official number
683227),'' after ``vessels''.
(d) NINA, PINTA, and SANTA MARIA Replicas.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June
19, 1886 (46 U.S.C. App. 289), and section 12106 of title 46,
United States Code, the Secretary may issue a certificate of
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 paragraph
(1) are the following:
(A) NINA (United States Coast Guard vessel identification
number CG034346).
(B) PINTA (United States Coast Guard vessel identification
number CG034345).
(C) NAO SANTA MARIA (United States Coast Guard vessel
identification number CG034344).
(e) Documentation of Vessel COLUMBUS.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 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 Public Law 102-587, and subject to
paragraph (2), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel COLUMBUS (United
States official number 590658).
(2) Limitation.--Coastwise trade referred to in paragraph (1)
may not include the transportation of dredged material from a
project in which the stated intent of the Corps of Engineers, in
its Construction Solicitation, or of another contracting entity, is
that the dredged material is--
(A) to be deposited above mean high tide for the purpose of
beach nourishment;
(B) to be deposited into a fill area for the purpose of
creation of land for an immediate use identified in the
Construction Solicitation other than disposal of the dredged
material; or
(C) for the intention of immediate sale or resale unrelated
to disposal.
(f) FOILCAT.--
(1) In general.--Notwithstanding sections 12106 and 12108 of
title 46, United States Code, 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 employment in the coastwise trade for the vessel FOILCAT
(United States official number 1063892). The endorsement shall
provide that the vessel shall operate under the certificate of
documentation only within the State of Hawaii and that the vessel
shall not operate on any route served by a passenger ferry as of
the date the Secretary of Transportation issues a certificate of
documentation under this Act.
(2) Termination.--The endorsement issued under paragraph (1)
shall be in effect for the vessel FOILCAT for the period--
(A) beginning on the date on which the vessel is placed in
service to initiate a high-speed marine ferry demonstration
project sponsored by the State of Hawaii; and
(B) ending on the last day of the 36th month beginning
after the date on which it became effective under subparagraph
(A).

4058b47695e558b6471a72a9841cd8dfbd09f96d065d49fa9847ebdcfb4f1195

(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 delegate, in his sole discretion
determines that the conveyance would not provide a public benefit.
(b) Identification of Property.--The Commandant may identify,
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 payment of consideration; and
(2) subject to such terms and conditions as the Commandant may
consider appropriate to protect the interests of the United States,
including the 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 subsection (c);
or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property conveyed is
needed for national security purposes.

f43c6a3822f1393cb50b7f26d9dd73d72fe5395f0369d8f5bf44789685f45863

Notwithstanding any other provision of law, the liftbridge over the
back channel of the Schuylkill River in Philadelphia, Pennsylvania, is
deemed to unreasonably obstruct navigation.

69343f4f785e43645aaa87efccdbb6ef5b6f6974feb1dff8c88b12874c5483b4

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 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.''.

210a4ed1dbf5801fa0b68ad79ae6d3447d494c77c9fe1d72c1cbd058c5e32a11

IN JACKSONVILLE, FLORIDA.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may convey to
Jacksonville University, located in Jacksonville, Florida, without
consideration, all right, title, and interest of the United States
in and to the property comprising the Long Branch Rear Range Light,
Jacksonville, Florida.
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
section.
(b) Terms and Conditions.--Any conveyance of any property under
this section shall be made--
(1) subject to the terms and conditions the 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.

4560ebed6ace052c1023bfbbb253767b4f4e690e71928cc496f8c0a90840ab14

(a) In General.--Section 2302 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) A vessel may not transport Government-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 determination
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 occasion
had a vessel detained and determined to be substandard by the
Secretary for violation of an international safety convention to
which the United States is a party, and the Secretary has published
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
international convention on which the detention is based.
``(3) As used in this subsection, the term `Government-impelled
cargo' means cargo for which a Federal agency contracts directly for
shipping by water or for which (or the freight of which) a Federal
agency provides financing, including financing by grant, loan, or loan
guarantee, resulting in shipment of the cargo by water.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect January 1, 1999.

a12deac29185dad5f280ba682950254be7a250514b7358a65a5e0ba67cbcdf16

The Commandant of the Coast Guard may recognize the community of
Grand Haven, Michigan, as ``Coast Guard City, USA''. If the Commandant
desires to recognize any other community in the same manner or any
other community requests such recognition from the Coast Guard, the
Commandant shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives 90 days prior to
approving such recognition.

596616c87089578d8f29ffdf09f9ae095638b2b13266745117c15a15df595960

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 conveyance 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 determine the
property to be conveyed to the Town under this section.
(B) The Commandant shall determine the exact acreage and
legal description of the property to be conveyed under this
section by a survey satisfactory to the Commandant. The cost of
the survey shall be borne by the Town.
(b) Terms and Conditions.--Any conveyance of property under this
section shall be made--
(1) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) The Commandant may reserve utility, access, and any
other appropriate easements on the property conveyed for the
purpose of operating, maintaining, 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 conveyed 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.
(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 subsection (b);
or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property conveyed is
needed for national security purposes.

ec83949325bd6370bb3627372d64042c9200dcb391a11c27eb3a30011ebf4368

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
damage'';
(2) by striking ``and'' after the semicolon at the end of
subsection (a)(23), by striking the period at the end of subsection
(a)(24) and inserting ``; and'', and by adding at the end of
subsection (a) the following:
``(25) `removal costs' means--
``(A) the costs of removal of oil or a 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
substance.''.
(b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended--
(1) by striking ``and (C)'' and inserting ``, (C)''; and
(2) by inserting before the semicolon at the end the following:
``, and (D) discharges incidental to mechanical removal authorized
by the President under subsection (c) of this section''.

329e7c5c7d5c17bc494eccfbb1e1982e9b98859970341aea47fd5ba512ff8986

(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).
(b) Pilot Program.--
(1) In general.--The Secretary may establish a pilot program to
exempt a vessel of at least 300 gross tons as measured under
chapter 143 or chapter 145 of title 46, United States Code, from
the requirement to be inspected under section 3301(7) of title 46,
United States Code, as a seagoing motor vessel, if--
(A) the vessel does not carry any cargo or passengers for
hire;
(B) the vessel does not engage in commercial service,
commercial fisheries, or oceanographic research; and
(C) the vessel does not engage in towing.
(2) Expiration of authority.--The authority to grant the
exemptions under this subsection expires 2 years after the date of
the enactment of this Act. Any specific exemptions granted under
this subsection shall nonetheless remain in effect.

feaed7172e9182be06dbe33a1c4b628f31d4c93f7156d06cbdf775bbeb755256

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
any improvements thereon, in Ocracoke, North Carolina, 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
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 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 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.

f15e86155f9eecab7b64ce8760299e47db3c8143b3510decc4bf8262118adce9

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
(Public Law 102-580), comprising approximately 0.565 acres, together
with any improvements thereon.
(b) Condition.--The conveyance under subsection (a) shall be
subject to the condition that the property be used as a clubhouse for
the American Legion Post No. 3.
(c) Reversion.--(1) If the Secretary determines at any time that
the property conveyed under subsection (a) is not being used in
accordance with subsection (b), all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall be under
the administrative jurisdiction of the Administrator of General
Services.
(d) Description of 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 appropriate to protect
the interests of the United States.

70b0d0d67fb623afca93234bf8d47a477c4a37b3ed329eded5228fd5e5d2bd0b

(a) In General.--
(1) Subject to subsection (b), the Secretary of Transportation
shall continue to implement and enforce the United States Coast
Guard 1997 Enforcement Policy for Cargo Residues 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 of Interim Authority.--The Policy shall cease to
have effect on the date which is the earliest of--
(1) the effective date of regulations promulgated pursuant to
legislation enacted subsequent to the enactment of this Act
providing for the regulation of incidental discharges from vessels
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.

fff6d329b195ad4d3fda28ed8deba704547403aa6c112861ec68605e0c5b88c9

(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 conveyance, 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
Cape Decision Lighthouse Society.
(F) Cape St. Elias Light Station, located in Alaska, to the
Cape St. Elias 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 Natural
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, and
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 of Conveyance.--
(1) In general.--The conveyance of property under this section
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by this
section and other terms and conditions the Commandant or the
Administrator, as appropriate, may consider, including the
reservation of easements and other rights on behalf of the
United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property 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 Commandant
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 conveyance 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 equipment on the
property, except private aids to navigation permitted 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 workmanlike
manner, and in accordance with any conditions 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.),
and other applicable laws.
(c) Definitions.--In this section:
(1) Aids to navigation.--The term ``aids to navigation'' means
equipment used for navigation purposes, including but not limited
to, a light, antenna, sound signal, electronic navigation
equipment, or other associated equipment which are operated 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 Veterans' Park
Museum'' means Dunkirk Historical Lighthouse and Veterans' Park
Museum located in Dunkirk, New York, or, if appropriate as
determined by the Commandant, the Chautauqua 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 December 31, 1998.

aa8df024badbf5a24ee862b892e3ac44b5cf0a1e784f9e6c527380017649f8fb

(a) Authority to Convey.--
(1) In general.--The Commandant of the United States Coast
Guard may convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to approximately
29.4 acres of land, together with the improvements thereon, at
Coast Guard LORAN Station Nantucket, Nantucket, Massachusetts, to
the Town of Nantucket, Massachusetts (``the Town'') unless the
Commandant, or his delegate, in his sole discretion determines that
the conveyance would not provide a public benefit.
(2) Identification of property.--
(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 acreage and
legal description of the property to be conveyed under this
section by a survey satisfactory to the Commandant. 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 payment 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 machinery,
that would interfere or cause interference, in any manner,
with any aid to navigation located upon property retained
by the United States at Coast Guard LORAN Station
Nantucket, without the express written 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 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.
(2) 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--
(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 Commandant
provides written notice to the Town that the property conveyed
is needed for national security purposes.

0b5d95e8b6ee5546b93f1ff018da32171b7a8cc57ef680486ec6cd8e16965e48

(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;
(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 Commandant
considers appropriate.
(b) Maintenance and Delivery of Vessels.--Prior to conveyance 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.

71f5317288601a4ccf073d6fd079edd0628faacfdc703152fcd6056e5d949bc7

Section 1008(d)(1) of the Coast Guard Authorization Act of 1996 is
amended by striking ``2 years'' and inserting ``3 years''.

7fa0b9ceb6fe5400902ea1ecefa67611a247c45d76974efc20ec62bd4b870284

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
purposes. All property so transferred shall be included in and
administered as part of the Cape Hatteras National Seashore.

ee32b15a8557d53a558e53f1a5b464871b60309479dd34036e6a0e52ff70ae08

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''.

485b27ef43095c4a2c492c03ae4a8af08cdf3e3d60409162e11ae82c50f0b5d5

Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is
amended by adding at the end the following:
``(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 operations
without charge.''.

275302c0d5b51c23c402ef5ea5d8b946cc02347b00b06eccccfb2f418a38cf6d

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 vessel designs.
Notwithstanding 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 establish 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 current research on
the crash worthiness of tank vessel structures;
``(iii) development of a rationally based approach for
calculating an environmental index, to assess overall outflow
performance due to collisions and groundings; and
``(iv) application of the proposed index to double hull
tank vessels and alternative designs currently under
consideration.
``(B) A Marine Board committee shall be established not later
that 2 months after the date of the enactment of the 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 Representatives 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.''.

b99601ff3b1aa7fda306f11a7df9fc3923bcb47335c7a918a786f636ee8c9fc1

(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 carrier 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 Security Fleet Program and
are enrolled in an Emergency Preparedness 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 inserting
``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 marketing and distribution of those
commodities and (ii) only with respect to the carriage of those
commodities.''.

c9d6f30b9801c9eb1b5f7f8f8f00e918fcb7d629e3a54f5786f4fc90a2728b18

(a) SWATH Technology.--The Commandant of the Coast 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 Systems.--The Secretary of Transportation
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.

9794fa70b16c5905c1b98f400fd1ab8a0f7977204286de7cf48d6739840b7667

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.

7bd8b5b00c1cfe42bf0a8f0e7ecff4a5932b00fd9355c26e9806c2ad0b990085

(a) Authority To Convey.--Notwithstanding any other law, the
Secretary of Transportation (referred to in this section as ``the
Secretary'') 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 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 carrying 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 harmless
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.

b4f01ed0c0203d40104ec178dc019ff2ef8d71ec63ca3c79a608fa19393e2e55

JOHN HENRY.
(a) Authority to Convey.--Notwithstanding any other law, the
Secretary of Transportation (in this section referred to as ``the
Secretary'') may convey all right, title, and interest of the United
States Government in and to the vessel JOHN HENRY (United States
official number 599294) to a purchaser for use in humanitarian relief
efforts, including the provision of water and humanitarian goods to
developing nations.
(b) Terms of Conveyance.--
(1) Delivery of vessel.--In carrying 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 carriage of
cargoes reserved to United States flag commercial vessels under
section 901(b) and 901f of the Merchant Marine Act, 1936 (46
U.S.C. App. 1241(b) and 1241f);
(D) the recipient agrees to hold the Government harmless
for any claims arising from exposure to hazardous material,
including asbestos and polychlorinated 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 M/V JOHN HENRY shall be deposited in the
Vessel Operations Revolving Fund established by the Act of June 2, 1951
(chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended
in accordance with section 6(a) of the National Maritime Heritage Act
(16 U.S.C. App. 5405(a)).

dd0c0411ac27a6991b303fdf3da3feb908e4455c621d79554c2fd3c527d631da

ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commission Authorization
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
(1) by striking ``3 contiguous tracts'' and 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 S44+
29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+
29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point
of 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 S44+
29, 09" E 169.3 feet; thence S45+ 28, 31" W 75 feet; (Deed
Call S45+ 30, 51" W 75 feet), thence N44+ 29, 09" W 169.3
feet; thence N45+ 28, 31" E 75 feet to the point of
commencement and 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,
Louisiana, dated August 7, 1973, and filed in Plat Book 23, at
page 20, Records of Calcasieu Parish, Louisiana; thence S44+
29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+
29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point
of commencement and containing 11,000 square feet (0.2525
acres).
``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29,
09" E 169.3 feet from point `A' as shown on plat of survey of
`Boundary Agreement of CAFB' by D.W. Jessen and Associates,
Civil Engineers, Lake Charles, Louisiana, dated August 7,
1973, and filed in Plat Book 23, at page 20, Records of
Calcasieu 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] particularly described as follows: Begin at a point
N45+ 28, 31" E 123.3 feet from point `A' as shown on plat of
survey of `Boundary Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles, Louisiana, dated
August 7, 1973, and filed in Plat Book 23, at page 20, Records
of Calcasieu 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.''.

af683fbec73734fd354c9909412bd313a27e119c16b50387ee2b68c2b396d56d

(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) Limitations.--The vessel described in subsection (a) may be
employed in the coastwise trade only for the purpose of participating
in the ship disposal initiative initially funded by the Department of
Defense Appropriations Act, 1999, for the duration of that initiative.
(c) Termination.--A coastwise endorsement issued under subsection
(a) shall terminate on the earlier of--
(1) the completion of the final coastwise trade voyage
associated 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.

07be4c50bdefeae340f5d22fa9ff77af88e2498d08dca0ae99fec68b4726bdbc

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 named 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 87\1/2\ 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.

55f287df81d5984173157c6965dcb97884a721866ac245ed957c89778f8531ae

(a) Effective Date.--Subsections (b) and (c) shall take effect
immediately after the later of--
(1) the enactment of the Hydrographic Services Improvement Act
of 1998; or
(2) the enactment of this Act.
(b) Authorization of Appropriations.--Section 306 of the
Hydrographic Services Improvement Act of 1998 is amended to read as
follows:
``SEC. 306. AUTHORIZATION OF 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 year
2001.
``(2) To conduct hydrographic surveys under 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 striking subsections (a)
and (d).

716737b9588894dd3d2ec5496794b4a6ee3ba0448bd5735cb429840a6b3c3ca8

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.

4e19df52d1047fad0953c13451001a79604824d092a00af4c82abd140d136fe7

TITLE V

-ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

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 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.

fb30ee34d549ee2e7329e8cbc01f678a3c2dc73458ff349d3308c5ee7aebcc32

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 an 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.

585a6210ca86696b7d4275a363fc88fa6556eedd82b37ed1b7d13ddb181678ab

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.

012acbeeff35301f1ad7baf35fd24bea1f4ab4667721b16c908797983e9e1d8c

(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.

d4032a436cfe44daa463ed0a069eadf23745bc9455e2c71e8da19e802a10d258

This title may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998''.

3f98a85b8eb40527a9a08fb62dc86a53f2061a20ddef8eb1cbf54ee1f6270203

TITLE VI

-HARMFUL ALGAL BLOOMS AND HYPOXIA

The Congress finds that--
(1) the recent outbreak of the harmful microbe Pfiesteria
piscicida in the coastal waters of the United States is one example
of potentially harmful algal blooms composed of naturally occurring
species that reproduce explosively and that are increasing in
frequency and intensity in the Nation's coastal 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, and 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 transfer
of harmful species through ship ballast water, and ocean currents;
(5) harmful 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 hypoxia
(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 hypoxia for at least part of the year
and a 7,000 square mile area in the Gulf of Mexico off Louisiana
and Texas suffers from hypoxia;
(8) according to some scientists, a factor believed to cause
hypoxia is excessive nutrient loading into coastal waters;
(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
comprehensive effort to prevent, reduce, and control harmful algal
blooms 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
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 Department 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.

de4505f9e16bcfa2b8b89691bc550e6c0b794fa8928bb2799eb18855a64b06a2

(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 Chairman of
the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human 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.--
(1) Not later than 12 months after the date of the enactment 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 examines 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 departments
with respect to harmful algal blooms; and
(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 Hypoxia.--
(1) Not later than 12 months after the date of the enactment 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 examines the ecological and
economic consequences of hypoxia in United States coastal waters,
alternatives for reducing, mitigating, and controlling hypoxia, and
the social and economic costs and benefits of such alternatives.
(2) The assessment shall--
(A) establish needs, priorities, and 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 departments
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).

bfeab61edbadcb07a1dbed75ee04316f50a42357caebe5424fa26d2aea94c71b

(a) Assessment Report.--Not later than May 30, 1999, the Task Force
shall complete and submit to Congress and the President an integrated
assessment of hypoxia in the northern Gulf of Mexico that examines: the
distribution, dynamics, and causes; ecological and economic
consequences; sources and loads of nutrients transported by the
Mississippi River to the Gulf of Mexico; effects of reducing nutrient
loads; methods for reducing nutrient loads; and the social and economic
costs and benefits of such methods.
(b) Submission of a Plan.--No later than March 30, 2000, the
President, in conjunction with the chief executive officers of the
States, shall develop and submit to Congress a plan, based on the
integrated assessment submitted under subsection (a), for reducing,
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In
developing such plan, the President shall consult with State, Indian
tribe, and local governments, academic, agricultural, industry, and
environmental groups and representatives. Such plan shall include
incentive-based partnership approaches. The 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 plan to the Congress, a summary of the proposed
plan shall be published in the Federal Register for a public comment
period of not less than 60 days.

bd614c28e9120077c13be06d56308c75a0d106073255d721c167de76b0e25e65

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--
(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 laboratories 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.

2c3fa6069002927c2aab73c970bc2d8f6364b471b261909c44248985d51f418c

(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 Management 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fbe10f0ff973aa6274e8d328cc19e6848d6beb07d5e17379ae2a957ac94f196a

Coast Guard Authorization Act of 1997 — HR. 2204

Other Sections