102d CONGRESS
2d Session
H. R. 5617
AN ACT
To provide Congressional approval of a Governing International Fishery
Agreement, and for other purposes.
HR 5617 EH
102d CONGRESS
2d Session
H. R. 5617
AN ACT
To provide Congressional approval of a Governing International Fishery
Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

4c6ced10a1162f2e255cf591877b551b7d108472787b9e98f2f8625856eb52af

This Act may be cited as the `Oceans Act of 1992'.

4b69577c9ff18bfa0ae96402adef80b48bc7ed55700ce4daa1f9f123b60ff312

Notwithstanding section 203 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1823), the governing international fishery
agreement between the Government of the United States of America and
the Government of the Republic of Estonia, as contained in the message
to Congress from the President of the United States dated June 24, 1992,
is approved by the Congress as a governing international fishery agreement
for the purposes of such Act and shall enter into force and effect with
respect to the United States on the date of enactment of this title.

3f06bf98971ae480cae898b4ec52e7c673902e6617a134f653f6143b2949dd78

TITLE I

-APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT

This title may be cited as the `National Marine Sanctuaries Program
Amendments Act of 1992'.
Subtitle A--Amendments To Marine Protection, Research, and Sanctuaries Act
of 1972

434d73d8153586ed7ffd554c758b00e888bb7c20644038e7e81f16164205725d

TITLE II

-NATIONAL MARINE SANCTUARIES PROGRAM

(a) FINDINGS- Section 301(a) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431(a)) is amended--
(1) in paragraph (2) by inserting `, and in some cases international,'
after `national';
(2) in paragraph (4)--
(A) by inserting `, research,' after `conservation'; and
(B) by striking `and' after the semicolon at the end;
(3) in paragraph (5) by striking the period at the end and inserting `;
and'; and
(4) by adding at the end the following:
`(6) protection of these special areas can contribute to maintaining a
natural assemblage of living resources for future generations.'.
(b) PURPOSES AND POLICIES- Section 301(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(b)) is amended to
read as follows:
`(b) PURPOSES AND POLICIES- The purposes and policies of this title are--
`(1) to identify and designate as national marine sanctuaries areas of
the marine environment which are of special national significance;
`(2) to provide authority for comprehensive and coordinated conservation
and management of these marine areas, and activities affecting them,
in a manner which complements existing regulatory authorities;
`(3) to support, promote, and coordinate scientific research on, and
monitoring of, the resources of these marine areas, especially long-term
monitoring and research of these areas;
`(4) to enhance public awareness, understanding, appreciation, and wise
use of the marine environment;
`(5) to facilitate to the extent compatible with the primary objective
of resource protection, all public and private uses of the resources of
these marine areas not prohibited pursuant to other authorities;
`(6) to develop and implement coordinated plans for the protection and
management of these areas with appropriate Federal agencies, State and
local governments, Native American tribes and organizations, international
organizations, and other public and private interests concerned with the
continuing health and resilience of these marine areas;
`(7) to create models of, and incentives for, ways to conserve and manage
these areas;
`(8) to cooperate with global programs encouraging conservation of marine
resources; and
`(9) to maintain, restore, and enhance living resources by providing places
for species that depend upon these marine areas to survive and propagate.'.

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(a) MARINE ENVIRONMENT- Section 302(3) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1432(3)) is amended by adding
`including the exclusive economic zone,' after `jurisdiction,'.
(b) DAMAGES- Section 302(6) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is amended--
(1) in subparagraph (A)(ii) by striking `and' at the end;
(2) in subparagraph (B) by adding `and' at the end; and
(3) by adding at the end the following:
`(C) the reasonable cost of monitoring appropriate to the injured, restored,
or replaced resources;'.
(c) RESPONSE COSTS- Section 302(7) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is amended by inserting
`or authorized' after `taken'.
(d) EXCLUSIVE ECONOMIC ZONE- Section 302 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended (1) by striking
the period at the end of paragraph (8) and inserting `; and'; and (2)
by adding after paragraph (8) the following:
`(9) `exclusive economic zone' means the exclusive economic zone as defined
in the Magnuson Fishery Conservation and Management Act.'.
(e) TECHNICAL CORRECTION- Section 302 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended--
(1) in paragraph (1) by striking `304(a)(1)(E)' and inserting
`304(a)(1)(C)(v)'; and
(2) in paragraph (5) by striking `and' after the semicolon.

d9adfc674a9b8cc1eb346141918bd19bf87e7181782ae42689017917a5b2b056

(a) STANDARDS- Section 303(a)(2)(B) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1433(a)(2)(B)) is amended by inserting
`or should be supplemented' after `inadequate'.
(b) Factors and Consultations-
(1) Section 303(b)(1)(A) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1433(b)(1)(A)) is amended by inserting `maintenance
of critical habitat of endangered species,' after `assemblages,'.
(2) Section 303(b)(3) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1433(b)(3)) is amended--
(A) by inserting `, governmental,' after `other commercial' and inserting
`, governmental,' after `any commercial';
(B) by adding at the end the following: `The Secretary, in consultation with
the Secretary of Defense, the Secretary of Energy, and the Administrator,
shall draft a resource assessment section for the report, including
information on any past, present, or proposed future disposal or discharge
of materials in the vicinity of the proposed sanctuary. Public disclosure
by the Secretary of such information shall be consistent with national
security regulations.'; and
(C) by striking `304(a)(1)' and inserting `304(a)(2)'.

ab3065023af020856c3a9ff59af8e46d6e6b887aa89468bc39de720e87268bf4

(a) SANCTUARY PROPOSAL- Section 304(a) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) is amended--
(1) by striking `prospectus' whenever it appears and inserting `documents';
(2) in paragraph (1)(C) by striking `a prospectus on the proposal which
shall contain--' and inserting `documents, including an executive summary,
consisting of--'; and
(3) in paragraph (5)--
(A) by striking `United States Fishery Conservation Zone' and inserting
`exclusive economic zone'; and
(B) by adding at the end: `The Secretary shall also cooperate with other
appropriate fishery management authorities with rights or responsibilities
within a proposed sanctuary at the earliest practicable stage in drafting
any sanctuary fishing regulations.'.
(b) TAKING EFFECT OF DESIGNATIONS- Section 304(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)) is amended--
(1) in paragraph (1) by striking the dash after `unless' and all that
follows and inserting `, in the case of a national marine sanctuary that
is located partially or entirely within the seaward boundary of any State,
the Governor affected certifies to the Secretary that the designation or
any of its terms is unacceptable, in which case the designation or the
unacceptable term shall not take effect in the area of the sanctuary lying
within the seaward boundary of the State.';
(2) in paragraph (2)--
(A) striking `paragraph (1) (A) or (B)' and inserting `paragraph (1)';
(B) by striking `not disapproved under paragraph (1)(A) or'; and
(C) by striking `paragraph (1)(B)' and inserting `paragraph (1)'; and
(3) by striking paragraph (3) and redesignating paragraph (4) as paragraph
(3).
(c) ACCESS AND VALID RIGHTS- Section 304(c)(1) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(c)(1)) is amended
to read as follows:
`(1) Nothing in this title shall be construed as terminating or granting
to the Secretary the right to terminate any valid lease, permit, license,
or right of subsistence use or of access that is in existence on the date
of designation of any national marine sanctuary.'.
(d) INTERAGENCY COOPERATION; REVIEW OF MANAGEMENT PLAN- Section 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434)
is amended by adding at the end the following new subsections:
`(d) INTERAGENCY COOPERATION-
`(1) REVIEW OF AGENCY ACTIONS-
`(A) IN GENERAL- Federal agency actions internal or external to a national
marine sanctuary, including private activities authorized by licenses,
leases, or permits, that are likely to destroy, cause the loss of, or
injure any sanctuary resource are subject to consultation with the Secretary.
`(B) AGENCY STATEMENTS REQUIRED- Subject to any regulations the Secretary may
establish each Federal agency proposing an action described in subparagraph
(A) shall provide the Secretary with a written statement describing the
action and its potential effects on sanctuary resources at the earliest
practicable time, but in no case later than 45 days before the final
approval of the action unless such Federal agency and the Secretary agree
to a different schedule.
`(2) SECRETARY'S RECOMMENDED ALTERNATIVES- If the Secretary finds that a
Federal agency action is likely to destroy, cause the loss of, or injure
a sanctuary resource, the Secretary shall (within 45 days of receipt of
complete information on the proposed agency action) recommend reasonable
and prudent alternatives, which may include conduct of the action elsewhere,
which can be taken by the Federal agency in implementing the agency action
that will protect sanctuary resources.
`(3) RESPONSE TO RECOMMENDATIONS- The agency head who receives the
Secretary's recommended alternatives under paragraph (2) shall promptly
consult with the Secretary on the alternatives. If the agency head decides
not to follow the alternatives, the agency head shall provide the Secretary
with a written statement explaining the reasons for that decision.
`(e) REVIEW OF MANAGEMENT PLANS- Not more than 5 years after the date of
designation of any national marine sanctuary, and thereafter at intervals not
exceeding 5 years, the Secretary shall evaluate the substantive progress
toward implementing the management plan and goals for the sanctuary,
especially the effectiveness of site-specific management techniques, and
shall revise the management plan and regulations as necessary to fulfill
the purposes and policies of this title.'.

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(a) ENFORCEABILITY; INTERNATIONAL COOPERATION- Section 305 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435)
is amended--
(1) in subsection (a)--
(A) by striking `The' in the first sentence and inserting in lieu thereof
`This title and the'; and
(B) by inserting `or be enforced against' immediately after `apply to'; and
(2) by adding at the end the following new subsection:
`(c) INTERNATIONAL COOPERATION- The Secretary, in consultation with the
Secretary of State and other appropriate Federal agencies, shall cooperate
with other governments and international organizations in furtherance of
the purposes and policies of this title and consistent with applicable
regional and mutilateral arrangements for the protection and management
of special marine areas.'.
(b) TECHNICAL AMENDMENT- The section heading for section 305  of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435)
is amended by striking all after `REGULATIONS' and inserting in lieu thereof
`; INTERNATIONAL NEGOTIATIONS AND COOPERATION.'.

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Section 306  of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1436) is amended to read as follows:
`SEC. 306. PROHIBITED ACTIVITIES.
`It is unlawful to--
`(1) destroy, cause the loss of, or injure any sanctuary resource managed
under law or regulations for that sanctuary;
`(2) possess, sell, deliver, carry, transport, or ship by any means any
sanctuary resource taken in violation of this section;
`(3) interfere with the enforcement of this title; or
`(4) violate any provision of this title or any regulation or permit issued
pursuant to this title.'.

56c70dedb36e7e6703f76f9fc47678031214bb153a5cbe21e98fb56f8c281913

(a) Civil Penalties-
(1) Section 307(c)(1) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1437(c)(1)) is amended by striking `$50,000' and
inserting `$100,000'.
(2) Section 307(c)(3) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1437(c)(3)) is amended--
(A) by striking `and may be proceeded' and all that follows through
`jurisdiction'; and
(B) by adding at the end the following sentence: `Such penalty shall
constitute a maritime lien on the vessel and may be recovered in an action
in rem in the district court of the United States having jurisdiction over
the vessel.'.
(b) PROCEEDS FROM CIVIL FORFEITURES- Section 307(d)(1) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(d)(1))
is amended by adding at the end the following new sentence: `The proceeds
from forfeiture actions under this subsection shall constitute a separate
recovery in addition to any amounts recovered as civil penalties under
this section or as civil damages under section 312. None of those proceeds
shall be subject to set-off.'.
(c) USE OF RECEIVED AMOUNTS- Section 307(e) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is amended by
striking paragraph (1) and inserting the following:
`(1) Expenditures-
`(A) Notwithstanding any other law, amounts received by the United States
as civil penalties, forfeitures of property, and costs imposed under
paragraph (2) shall be retained by the Secretary in the manner provided
for in section 107(f)(1) of the Comprehensive Environmental Response,
Compensation Liability Act.
`(B) Amounts received under this section for forfeitures and costs imposed
under paragraph (2) shall be used to pay the reasonable and necessary
costs incurred by the Secretary to provide temporary storage, care,
maintenance, and disposal of any sanctuary resource or other property
seized in connection with a violation of this title or any regulation or
permit issued under this title.
`(C) Amounts received under this section as civil penalties and any amounts
remaining after the operation of subparagraph (B) shall be used, in order
of priority, to--
`(i) manage and improve the national marine sanctuary with respect to
which the violation occurred that resulted in the penalty or forfeiture;
`(ii) pay a reward to any person who furnishes information leading to
an assessment of a civil penalty, or to a forfeiture of property, for
a violation of this title or any regulation or permit issued under this
title; and
`(iii) manage and improve any other national marine sanctuary.'.
(d) CONFORMING AMENDMENT- Section 312(d) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended--
(1) by striking `and civil penalties under section 307';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(e) ENFORCEABILITY- Section 307 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 147) is amended by adding at the end
the following new subsection:
`(j) AREA OF APPLICATION AND ENFORCEABILITY- The area of application and
enforceability of this title includes the territorial sea of the United
States, as described in Presidential Proclamation 5928 of December 27,
1988, which is subject to the sovereignty of the United States, and the
United States exclusive economic zone, consistent with international law.'.

732faad3e5064d4aecdadbd8b7884fec8cba68a3841270dd481a7178e8171ec8

Section 309 of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1440) is amended to read as follows:
`SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
`(a) IN GENERAL- The Secretary shall conduct research, monitoring,
evaluation, and education programs as are necessary and reasonable to
carry out the purposes and policies of this title.
`(b) PROMOTION AND COORDINATION OF SANCTUARY USE- The Secretary shall take
such action as is necessary and reasonable to promote and coordinate the
use of national marine sanctuaries for research, monitoring, and education
purposes. Such action may include consulting with Federal agencies, States,
local governments, regional agencies, interstate agencies, or other persons
to promote use of one or more sanctuaries for research, monitoring, and
education, including coordination with the National Estuarine Research
Reserve System.'.

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Section 311 of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1442) is amended to read as follows:
`SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS.
`(a) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREEMENTS- The Secretary
may enter into cooperative agreements, financial agreements, grants,
contracts, or other agreements with States, local governments, regional
agencies, interstate agencies, or other persons to carry out the purposes
and policies of this title.
`(b) AUTHORIZATION TO SOLICIT DONATIONS- The Secretary may enter into such
agreements with any nonprofit organization authorizing the organization
to solicit private donations to carry out the purposes and policies of
this title.
`(c) DONATIONS- The Secretary may accept donations of funds, property,
and services for use in designating and administering national marine
sanctuaries under this title. Donations accepted under this section shall
be considered as a gift or bequest to or for the use of the United States.
`(d) ACQUISITIONS- The Secretary may acquire by purchase, lease, or exchange,
any land, facilities, or other property necessary and appropriate to carry
out the purposes and policies of this title.'.

8461d4d4b93a9846a7355359dd38c905b3449c8ee78f9ff2a6cf9e95892fc9f7

(a) LIABILITY FOR INTEREST- Section 312(a)(1) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(1)) is amended
to read as follows:
`(1) LIABILITY TO UNITED STATES- Any person who destroys, causes the loss
of, or injures any sanctuary resource is liable to the United States for
an amount equal to the sum of--
`(A) the amount of response costs and damages resulting from the destruction,
loss, or injury; and
`(B) interest on that amount calculated in the manner described under
section 1005 of the Oil Pollution Act of 1990.'.
(b) LIABILITY IN REM- Section 312(a)(2) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(2)) is amended by adding
at the end the following: `The amount of that liability shall constitute a
maritime lien on the vessel and may be recovered in an action in rem in any
district court of the United States that has jurisdiction over the vessel.'.
(c) LIMITS TO LIABILITY- Section 312(a) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) is amended by adding at
the end the following:
`(4) LIMITS TO LIABILITY- Nothing in sections 4281-4289 of the Revised
Statutes of the United States or section 3 of the Act of February 13,
1893, shall limit the liability of any person under this title.'.
(d) RESPONSE ACTIONS- Section 312(b)(1) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) is amended by inserting
`or authorize' after `undertake'.
(e) USE OF RECOVERED AMOUNTS- Section 312(d) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended in
paragraph (3), as redesignated by this Act, by inserting `the court decree
or settlement agreement, and' after `in accordance with'.

0963ab0c6ae4528c923f62e577e9d1a6589be0bebbd4f0ec0ee015733d181163

Section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1444) is amended to read as follows:
`SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Secretary to carry out
this title the following--
`(1) $8,000,000 for fiscal year 1993;
`(2) $12,500,000 for fiscal year 1994;
`(3) $15,000,000 for fiscal year 1995; and
`(4) $20,000,000 for fiscal year 1996.'.

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The Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431
et seq.) is amended by adding at the end the following new sections:
`SEC. 315. ADVISORY COUNCILS.
`(a) ESTABLISHMENT- The Secretary may establish one or more advisory
councils (in this section referred to as an `Advisory Council') to provide
assistance to the Secretary regarding the designation and management of
national marine sanctuaries. The Advisory Councils shall be exempt from
the Federal Advisory Committee Act.
`(b) MEMBERSHIP- Members of the Advisory Councils may be appointed from
among--
`(1) persons employed by Federal or State agencies with expertise in
management of natural resources;
`(2) members of relevant Regional Fishery Management Councils established
under section 302 of the Magnuson Fishery Conservation and Management
Act; and
`(3) representatives of local user groups, conservation and other public
interest organizations, scientific organizations, educational organizations,
or others interested in the protection and multiple use management of
sanctuary resources.
`(c) LIMITS ON MEMBERSHIP- For sanctuaries designated after the date of
enactment of the National Marine Sanctuaries Program Amendments Act of
1992, the membership of Advisory Councils shall be limited to no more than
15 members.
`(d) STAFFING AND ASSISTANCE- The Secretary may make available to an
Advisory Council any staff, information, administrative services, or
assistance the Secretary determines are reasonably required to enable the
Advisory Council to carry out its functions.
`(e) PUBLIC PARTICIPATION AND PROCEDURAL MATTERS- The following guidelines
apply with respect to the conduct of business meetings of an Advisory
Council:
`(1) Each meeting shall be open to the public, and interested persons shall
be permitted to present oral or written statements on items on the agenda.
`(2) Emergency meetings may be held at the call of the chairman or
presiding officer.
`(3) Timely notice of each meeting, including the time, place, and agenda
of the meeting, shall be published locally and in the Federal Register.
`(4) Minutes of each meeting shall be kept and contain a summary of the
attendees and matters discussed.
`SEC. 316. SHORT TITLE.
`This title may be cited as `The National Marine Sanctuaries Act'.'.
Subtitle B--Miscellaneous

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(a) ACQUISITION OF SPACE- Pursuant to section 314 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445) and consistent
with the Cooperative Agreement entered into in October, 1989, between the
National Oceanic and Atmospheric Administration and the Mariner's Museum
of Newport News, Virginia, the Secretary of Commerce shall make a grant
for the acquisition of space in Hatteras Village, North Carolina, for--
(1) the display and interpretation of artifacts recovered from the area
of the Atlantic Ocean adjacent to North Carolina generally known as the
Graveyard of the Atlantic, including artifacts recovered from the Monitor
National Marine Sanctuary; and
(2) administration and operations of the Monitor National Marine Sanctuary.
(b) AUTHORIZATION- To carry out the responsibilities of the Secretary of
Commerce under this section, there are authorized to be appropriated to the
Secretary of Commerce a total of $800,000 for fiscal years 1993 and 1994,
to remain available until expended.
(c) FEDERAL SHARE- Not more than two-thirds of the cost of space acquired
under this section may be paid with amounts provided pursuant to this
section.

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(a) DESIGNATION- The area described in subsection (b) is designated as
the Stellwagen Bank National Marine Sanctuary (hereafter in this section
referred to as the `Sanctuary').
(b) AREA- The Sanctuary shall consist of all submerged lands and waters,
including living and nonliving marine resources within those waters, bounded
by the area described as Boundary Alternative 3 in the Draft Environmental
Impact Statement and Management Plan for the Proposed Stellwagen Bank
National Marine Sanctuary, published by the Department of Commerce in
January 1991, except that the western boundary shall be modified as follows:
(1) The southwestern corner of the Sanctuary shall be located at a point
off Provincetown, Massachusetts, at the following coordinates: 42 degrees,
7 minutes, 44.89 seconds (latitude), 70 degrees, 28 minutes, 15.44 seconds
(longitude).
(2) The northwestern corner of the Sanctuary shall be located at a point
off Cape Ann, Massachusetts, at the following coordinates: 42 degrees, 37
minutes, 53.52 seconds (latitude), 70 degrees, 35 minutes, 52.38 seconds
(longitude).
(c) MANAGEMENT- The Secretary of Commerce shall issue a management plan
for the Sanctuary in accordance with section 304 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434), as amended by
this title.
(d) SAND AND GRAVEL MINING ACTIVITIES PROHIBITED- Notwithstanding any
other provision of law, exploration for, and mining of, sand and gravel
and other minerals in the Sanctuary is prohibited.
(e) CONSULTATION- In accordance with the procedures established in section
304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972,
as amended by this title, the appropriate Federal agencies shall consult
with the Secretary on proposed agency actions in the vicinity of the
Sanctuary that may affect sanctuary resources.
(f) AUTHORIZATION- There are authorized to be appropriated to the Secretary
of Commerce for carrying out the purposes of this section $570,000 for
fiscal year 1993 and $250,000 for fiscal year 1994.
(g) OFFICE- The Secretary of Commerce shall consider establishing a satellite
office for the Stellwagen Bank National Marine Sanctuary in Provincetown,
Gloucester, or Hull, Massachusetts.

21103303761047cac3637ed2ce587fb4cc5f63021b3b4ba387d0ef2776661247

(a) ISSUANCE OF DESIGNATION NOTICE- Notwithstanding section 304(b) of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)),
the designation of the Monterey Bay National Marine Sanctuary (hereafter in
this section the `Sanctuary'), as described in the notice of designation
submitted to the Congress on September 15, 1992, shall take effect on
September 18, 1992.
(b) OIL AND GAS ACTIVITIES PROHIBITED- Notwithstanding any other provision
of law, no leasing, exploration, development, or production of oil or gas
shall be permitted within the Sanctuary as provided by section 944.5 of the
Final Environmental Impact Statement and Management Plan for the Monterey
Bay National Marine Sanctuary, published by the Department of Commerce in
June 1992.
(c) CONSULTATION- Section 304(e) of the Marine Protection, Research,
and Sanctuaries Act of 1972, as amended by this title, shall apply to the
Sanctuary as designated by the Secretary of Commerce.
(d) VESSEL TRAFFIC- Within 18 months after the date of enactment of this
title, the Secretary of Commerce and the Secretary of Transportation, in
consultation with the State of California and with adequate opportunity
for public comment, shall report to Congress on measures for regulating
vessel traffic in the Sanctuary if it is determined that such measures
are necessary to protect sanctuary resources.

06bf1e5ed30cf2acac6206219bb026b8ed97eed8ae5c5f7de6809ba1d6a6d147

(a) IN GENERAL- Beginning on the date of enactment of this title, the
Secretary shall conduct a 2-year pilot project to enhance funding for
designation and management of national marine sanctuaries.
(b) PROJECT- The project shall consist of--
(1) the creation, adoption, and publication in the Federal Register by
the Secretary of a symbol for the national marine sanctuary program,
or for individual national marine sanctuaries;
(2) the solicitation of persons to be designated as official sponsors of
the national marine sanctuary program or of individual national marine
sanctuaries;
(3) the designation of persons by the Secretary as official sponsors of
the national marine sanctuary program or of individual sanctuaries;
(4) the authorization by the Secretary of the use of any symbol published
under paragraph (1) by official sponsors of the national marine sanctuary
program or of individual national marine sanctuaries;
(5) the establishment and collection by the Secretary of fees from official
sponsors for the manufacture, reproduction or use of the symbols published
under paragraph (1);
(6) the retention of any fees assessed under paragraph (5) by the Secretary
in an interest-bearing revolving fund; and
(7) the expenditure of any fees and any interest in the fund established
under paragraph (6), without appropriation, by the Secretary to designate
and manage national marine sanctuaries.
(c) CONTRACT AUTHORITY- The Secretary may contract with any person for
the creation of symbols or the solicitation of official sponsors under
subsection (b).
(d) RESTRICTIONS- The Secretary may restrict the use of the symbols
published under subsection (b), and the designation of official sponsors
of the national marine sanctuary program or of individual national marine
sanctuaries to ensure compatibility with the goals of the national marine
sanctuary program.
(e) PROPERTY OF UNITED STATES- Any symbol which is adopted by the Secretary
and published in the Federal Register under subsection (b) is deemed to
be the property of the United States.
(f) PROHIBITED ACTIVITIES- (1) It is unlawful for any person--
(A) designated as an official sponsor to influence or seek to influence
any decision by the Secretary or any other Federal official related to
the designation or management of a national marine sanctuary, except to
the extent that a person who is not so designated may do so;
(B) to represent himself or herself to be an official sponsor absent a
designation by the Secretary;
(C) to manufacture, reproduce, or use any symbol adopted by the Secretary
absent designation as an official sponsor and without payment of a fee to
the Secretary; and
(D) to violate any regulation promulgated by the Secretary under this
section.
(2) Violation of this subsection shall be considered a violation of title
III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1431 et seq.).
(g) REPORT- No later than 30 months after the date of enactment of this
Act, the Secretary shall submit a report on the pilot project to Congress
regarding the success of the program in providing additional funds for
management and operation of national marine sanctuaries.
(h) DEFINITIONS- In this section--
(1) the term `national marine sanctuary' or `national marine sanctuaries'
means a national marine sanctuary or sanctuaries designated under title
III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1431 et seq.), or by other law in accordance with title III of the
Marine Protection, Research, and Sanctuaries Act of 1972;
(2) the term `official sponsor' means any person designated by the Secretary
who is authorized to manufacture, reproduce, or use any symbol created,
adopted, and published in the Federal Register under this section for a
fee paid to the Secretary; and
(3) the term `Secretary' means the Secretary of Commerce.

50241fab7f45d01181376e3d58f62c5ef0c1788cd41bf16faf395cce7b4b66b9

OF 1972.
(a) AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972- Except as otherwise
expressly provided, whenever in this section an amendment is expressed in
terms of an amendment to a section or other provision, the reference shall
be considered to be made to a section or other provision of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(b) TECHNICAL CORRECTIONS-
(1) The Act is amended by--
(A) striking `coastal State' each place it appears and inserting `coastal
state';
(B) striking `coastal States' each place it appears and inserting `coastal
states'; and
(C) striking `coastal State's' each place it appears and inserting
`coastal state's'.
(2) Section 6203(b)(1) of the Coastal Zone Act Reauthorization Amendments
of 1990 (104 Stat. 1388-301, relating to section 303(2) of the Coastal
Zone Management Act of 1972) is amended by striking `as well as the'
the first place it appears and inserting `as well as to'.
(3) Section 6204(a) of the Coastal Zone Act Reauthorization Amendments of
1990 (104 Stat. 1388-302, relating to section 304(1) of the Coastal Zone
Management Act of 1972) is amended--
(A) in the matter preceding paragraph (1) by striking `The third sentence
of section' and inserting `Section';
(B) in paragraph (1) by inserting after `period at the end' the following:
`of the third sentence'; and
(C) in paragraph (2) by inserting after `territorial sea.' the following:
`at the end of the second sentence'.
(4) Section 6204(b) of the Coastal Zone Act Reauthorization Amendments of
1990 (104 Stat. 1388-302) is amended by striking `following' and inserting
`following:'.
(5) Section 304(1) (16 U.S.C. 1453(1)) is amended in the second sentence--
(A) by striking `the outer limit of' the first place it appears; and
(B) by striking `1705,' and inserting `1705),'.
(6) Section 304(2) (16 U.S.C. 1453(2)) is amended by striking `the term'
and inserting `The term'.
(7) Section 304(9) (16 U.S.C. 1453(9)) is amended to read as follows:
`(9) The term `Fund' means the Coastal Zone Management Fund established
under section 308(b).'.
(8) Section 306(b) (16 U.S.C. 1455(b)) is amended by striking the semicolon
at the end and inserting a period.
(9) Section 6216(a) of the Coastal Zone Act Reauthorization Amendments of
1990 (104 Stat. 1388-314, relating to section 306A(b)(1) of the Coastal Zone
Management Act of 1972) is amended by striking `306a(b)(1)'  and inserting
`306A(b)(1)'.
(10) Section 306A(a)(1)(B) (16 U.S.C. 1455a(a)(1)(B)) is amended by
striking `specified' and all that follows through the end of the sentence
and inserting `specified in section 303(2) (A) through (K).'.
(11) Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
(A) in paragraph (2) by striking `that are designated' and all that follows
through the end of the paragraph and inserting `that are designated in
the state's management program pursuant to section 306(d)(2)(C) as areas
of particular concern.'; and
(B) in paragraph (3) by--
(i) striking `access of' and inserting `access to'; and
(ii) striking `in accordance with' and all that follows through the end
of the paragraph and inserting `in accordance with the planning process
required under section 306(d)(2)(G).'.
(12) Section 306A(c) (16 U.S.C. 1455a(c)) is amended in paragraph (2)(C) in
the matter following clause (iii) by striking `shall not by' and inserting
`shall not be'.
(13) Section 6208(b)(3)(B) of the Coastal Zone Act Reauthorization Amendments
of 1990 (104 Stat. 1388-308, relating to section 307(c)(3)(B) of the Coastal
Zone Management Act of 1972) is amended by inserting `with' after `complies'.
(14) Section 307(i) (16 U.S.C. 1456(i)) is amended--
(A) by inserting `(1)' after `(i)';
(B) in paragraph (1) (as designated by subparagraph (A) of this paragraph)
by striking the second sentence; and
(C) by adding at the end the following:
`(2)(A) The Secretary shall collect such other fees as are necessary to
recover the full costs of administering and processing such appeals under
subsection (c).
`(B) If the Secretary waives the application fee under paragraph (1)
for an applicant, the Secretary shall waive all other fees under this
subsection for the applicant.
`(3) Fees collected under this subsection shall be deposited into the
Coastal Zone Management Fund established under section 308.'.
(15) Section 6209 of the Coastal Zone Act Reauthorization Amendments of
1990 (104 Stat. 1388-308, relating to section 308 of the Coastal Zone
Management Act of 1972) is amended in the matter preceding the quoted
material by striking `1456' and inserting `1456a'.
(16) Section 308(a)(1) (16 U.S.C. 1456a(a)(1)) is amended in the first
sentence by striking `pursuant to this Act' and inserting `pursuant to
this title'.
(17) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by striking
`(hereinafter' and all that follows through `Fund')'.
(18) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by inserting
after `subsection (a)' the following: `and fees deposited into the Fund
under section 307(i)(3)'.
(19) The first section 313 (16 U.S.C. 1459) is amended--
(A) in subsection (a) by striking `section 308' and inserting `section
308, as in effect before the date of the enactment of the Coastal Zone
Act Reauthorization Amendments of 1990,'; and
(B) in paragraph (1) of subsection (b) by striking `section 308(d)' and
all that follows through the end of the paragraph and inserting `section
308, as in effect before the date of the enactment of the Coastal Zone
Act Reauthorization Amendments of 1990; and'.
(20) The second section 313 (16 U.S.C. 1460, relating to Walter B. Jones
excellence in coastal zone management awards) is amended--
(A) by redesignating that section as section 314;
(B) in subsection (a) by inserting after `under section 308' the following:
`and other amounts available to carry out this title (other than amounts
appropriated to carry out sections 305, 306, 306A, 309, 310, and 315)'; and
(C) in subsection (e) by inserting after `under section 308' the following:
`and other amounts available to carry out this title (other than amounts
appropriated to carry out sections 305, 306, 306A, 309, 310, and 315)'.
(21) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking `National
Estuarine Reserve Research System' and inserting `National Estuarine
Research Reserve System'.
(22) Section 315(c)(4) (16 U.S.C. 1461(c)(4)) is amended by striking
`subsection (1)' and inserting `paragraph (1)'.
(23) Section 316(a) (16 U.S.C. 1462(a)) is amended in clause (5) by striking
`subsections (c) and (d) of this section' and inserting `subsections (c)
and (d) of section 312'.
(24) Section 6217(i)(3) of the Coastal Zone Act Reauthorization Amendments
of 1990 (104 Stat. 1388-319, relating to definitions under that Act)
is amended--
(A) by striking the comma; and
(B) by inserting `Zone' after `Coastal'.

52669ab6add5866f47153371b3532bfb298406fe85baeab1251e4a8bf4fa2595

(a) FLORIDA NATIONAL MARINE SANCTUARY- Section 7(a) of the Florida Keys
National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is
amended by striking paragraph (4); by redesignating paragraphs (5) through
(8) as paragraphs (6) through (9), respectively; and by inserting after
paragraph (3) the following new paragraphs:
`(4) identify priority needs for research and amounts needed to--
`(A) improve management of the Sanctuary, and in particular, the coral
reef ecosystem within the Sanctuary; and
`(B) identify clearly the cause and effect relationships between factors
threatening the health of the coral reef ecosystem in the Sanctuary;
`(5) establish a long-term ecological monitoring program and data base,
including methods to disseminate information on the management of the
coral reef ecosystem;'.
(b) DEADLINES NOT AFFECTED- The amendments made by subsection (a) shall
not be construed to modify, by implication or otherwise, the deadlines
established under--
(1) section 7(a) of the Florida Keys National Marine Sanctuary and Protection
Act regarding completion of the comprehensive management plan and final
regulations; or
(2) section 8(a) of that Act regarding development of the water quality
protection program.

275324fd3177936bb4300fd17680c6a94d40bb65d5b934a02aed23c286890157

No oil or gas leasing or preleasing activity shall be conducted within
the area designated as the Olympic Coast National Marine Sanctuary in
accordance with Public Law 100-627.

f643fb66105d942c047bb880881b68397f1f686e97147f40e69a01dee8898d49

(a) FINDINGS- The Congress finds the following:
(1) The oceans cover 70 percent of the surface of the Earth.
(2) The foundation of the food webs and fisheries productivity of the
oceans rests with microscopic plants known as phytoplankton.
(3) Phytoplankton serve as a vital natural resource in the oceans.
(4) By serving as primary agents in control of the flux of atmospheric
carbon dioxide to the deep ocean, phytoplankton influence climate and the
rate of global warming.
(5) There is limited knowledge of the biology, physiology, chemistry, and
taxonomy of phytoplankton, and it is of vital interest to this Nation to
improve the body of knowledge relating to phytoplankton to benefit this
Nation and other countries.
(6) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton
located in West Boothbay Harbor, Maine, houses a phytoplankton collection
that contains species from each of the ocean environments of the World,
and is recognized as the largest collection of phytoplankton in the World.
(7) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton
is of vital interest to oceanographers in this Nation and throughout the
World, and provides cultures of phytoplankton for critical research on
global issues.
(b) DESIGNATION- In light of the findings under subsection (a), the
Provasoli-Guillard Center for the Culture of Marine Phytoplankton located in
West Boothbay Harbor, Maine, is designated as a National Center and Facility.

03e9e7193856b0719b47abadc224c0b596e21f1e5995e2d0e3c38236998f17cd

(a) IMPLEMENTATION- Section 8 of the Florida Keys National Marine Sanctuary
and Protection Act (16 U.S.C. 1433 note) is amended by adding at the end
the following new subsection:
`(d) IMPLEMENTATION- (1) The Administrator of the Environmental Protection
Agency and the Governor of the State of Florida shall implement the program
required by this section, in cooperation with the Secretary of Commerce.
`(2)(A) The Regional Administrator of the Environmental Protection
Agency shall with the Governor of the State of Florida establish a
Steering Committee to set guidance and policy for the development and
implementation of such program. Membership shall include representatives
of the Environmental Protection Agency, the National Park Service, the
United States Fish and Wildlife Service, the Army Corps of Engineers, the
National Oceanic and Atmospheric Administration, the Florida Department
of Community Affairs, the Florida Department of Environmental Regulation,
the South Florida Water Management District, and the Florida Keys Aqueduct
Authority; three individuals in local government in the Florida Keys;
and three citizens knowledgeable about such program.
`(B) The Steering Committee shall, on a biennial basis, issue a report to
Congress that--
`(i) summarizes the progress of the program;
`(ii) summarizes any modifications to the program and its recommended
actions and plans; and
`(iii) incorporates specific recommendations concerning the implementation
of the program.
`(C) The Administrator of the Environmental Protection Agency and the
Administrator of the National Oceanic and Atmospheric Administration
shall cooperate with the Florida Department of Environmental Regulation to
establish a Technical Advisory Committee to advise the Steering Committee
and to assist in the design and prioritization of programs for scientific
research and monitoring. The Technical Advisory Committee shall be composed
of scientists from Federal agencies, State agencies, academic institutions,
private non-profit organizations, and knowledgeable citizens.
`(3)(A) The Regional Administrator of the Environmental Protection Agency
shall appoint a Florida Keys Liaison Officer. The Liaison Officer, who
shall be located within the State of Florida, shall have the authority
and staff to--
`(i) assist and support the implementation of the program required by this
section, including administrative and technical support for the Steering
Committee and Technical Advisory Committee;
`(ii) assist and support local, State, and Federal agencies in developing
and implementing specific action plans designed to carry out such program;
`(iii) coordinate the actions of the Environmental Protection Agency with
other Federal agencies, including the National Oceanic and Atmospheric
Administration and the National Park Service, and State and local
authorities, in developing strategies to maintain, protect, and improve
water quality in the Florida Keys;
`(iv) collect and make available to the public publications, and other forms
of information that the Steering Committee determines to be appropriate,
related to the water quality in the vicinity of the Florida Keys; and
`(v) provide for public review and comment on the program and implementing
actions.
`(4)(A) There are authorized to be appropriated to the Administrator of
the Environmental Protection Agency $2,000,000 for fiscal year 1993,
$3,000,000 for fiscal year 1994, and $4,000,000 for fiscal year 1995,
for the purpose of carrying out this section.
`(B) There are authorized to be appropriated to the Secretary of Commerce
$300,000 for fiscal year 1993, $400,000 for fiscal year 1994, and $500,000
for fiscal year 1995, for the purpose of enabling the National Oceanic
and Atmospheric Administration to carry out this section.
`(C) Amounts appropriated under this paragraph shall remain available
until expended.
`(D) No more than 15 percent of the amount authorized to be appropriated
under subparagraph (A) for any fiscal year may be expended in that fiscal
year on administrative expenses.'.
(b) TECHNICAL AMENDMENT- Section 8(c) of the Florida Keys National Marine
Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by striking
`paragraph (1)' and inserting in lieu thereof `subsection (a)'.
Subtitle C--Hawaiian Islands Humpback Whale Sanctuary

1c1760bb68a7a5881e79b0183c885a38c7dd55148cf6b526132bf4a29454c665

This subtitle may be cited as the `Hawaiian Islands National Marine
Sanctuary Act'.

01534fc5e5e4b877557f528d1b6ecb20cabd17d94716ee9bb0a535fd805edc43

The Congress finds the following:
(1) Many of the diverse marine resources and ecosystems within the Western
Pacific region are of national significance and importance.
(2) There are at present no ocean areas in the Hawaiian Islands designated
as national marine sanctuaries or identified on the Department of Commerce's
Site Evaluation List of sites to be investigated as potential candidates
for designation as a national marine sanctuary under title III of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(3) The Hawaiian Islands consist of 8 major islands and 124 minor islands,
with a total land area of 6,423 square miles and a general coastline of
750 miles.
(4) The marine environment adjacent to and between the Hawaiian Islands
is a diverse and unique subtropical marine ecosystem.
(5) The Department of Commerce recently concluded in its Kahoolawe Island
National Marine Sanctuary Feasibility Study that there is preliminary
evidence of biological, cultural, and historical resources adjacent
to Kahoolawe Island to merit further investigation for national marine
sanctuary status.
(6) The Department of Commerce also concluded in its Kahoolawe Island
National Marine Sanctuary Feasibility Study that there are additional marine
areas within the Hawaiian archipelago which merit further consideration
for national marine sanctuary status and that the national marine sanctuary
program could enhance marine resource protection in Hawaii.
(7) The Hawaiian stock of the endangered humpback whale, the largest of
the three North Pacific stocks, breed and calve within the waters of the
main Hawaiian Islands.
(8) The marine areas surrounding the main Hawaiian Islands, which are
essential breeding, calving, and nursing areas for the endangered humpback
whale, are subject to damage and loss of their ecological integrity from
a variety of disturbances.
(9) The Department of Commerce recently promulgated a humpback whale
recovery plan which sets out a series of recommended goals and actions in
order to increase the abundance of the endangered humpback whale.
(10) An announcement of certain Hawaiian waters frequented by humpback whales
as an active candidate for marine sanctuary designation was published in
the Federal Register on March 17, 1982 (47 FR 11544).
(11) The existing State and Federal regulatory and management programs
applicable to the waters of the main Hawaiian Islands are inadequate
to provide the kind of comprehensive and coordinated conservation and
management of humpback whales and their habitat that is available under
title III of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1431 et seq.).
(12) Authority is needed for comprehensive and coordinated conservation
and management of humpback whales and their habitat that will complement
existing Federal and State regulatory authorities.
(13) There is a need to support, promote, and coordinate scientific research
on, and monitoring of, that portion of the marine environment essential
to the survival of the humpback whale.
(14) Public education, awareness, understanding, appreciation, and wise use
of the marine environment are fundamental to the protection and conservation
of the humpback whale.
(15) The designation, as a national marine sanctuary, of the areas of
the marine environment adjacent to the main Hawaiian Islands which are
essential to the continued recovery of the humpback whale is necessary for
the preservation and protection of this important national marine resource.
(16) The marine sanctuary designated for the conservation and management
of humpback whales could be expanded to include other marine resources of
national significance which are determined to exist within the sanctuary.

e5f87382198c3345d7b8266052beebdb7987c19901aefd7debfb7f1e6395061d

In this subtitle, the following definitions apply:
(1) The term `adverse impact' means an impact that independently
or cumulatively damages, diminishes, degrades, impairs, destroys, or
otherwise harms.
(2) The term `Sanctuary' means the Hawaiian Islands Humpback Whale National
Marine Sanctuary designated under section 2305.
(3) The term `Secretary' means the Secretary of Commerce.

dfd715e631c2c30cf164d2ba8a6691c6851ea73795e8ddb6525bb7df42b05e40

(a) POLICY- It is the policy of the United States to protect and preserve
humpback whales and their habitat within the Hawaiian Islands marine
environment.
(b) PURPOSES- The purposes of this subtitle are--
(1) to protect humpback whales and their habitat in the area described in
section 2305(b);
(2) to educate and interpret for the public the relationship of humpback
whales to the Hawaiian Islands marine environment;
(3) to manage such human uses of the Sanctuary consistent with this subtitle
and title III of the Marine Protection, Research, and Sanctuaries Act of
1972, as amended by this Act; and
(4) to provide for the identification of marine resources and ecosystems
of national significance for possible inclusion in the sanctuary designated
in section 2305(a).

829debad10d35548f2acfa0678466c3bed8a4d3436b33a04e47cb8cacef5ecab

(a) DESIGNATION- Subject to subsection (c), the area described in subsection
(b) is designated as the Hawaiian Islands Humpback Whale National Marine
Sanctuary under title III of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1451 et seq.), as amended by this title.
(b) AREA INCLUDED- (1) Subject to subsections (c) and (d), the area referred
to in subsection (a) consists of the submerged lands and waters off the
coast of the Hawaiian Islands seaward of the upper reaches of the wash of
the waves on shore--
(A) to the 100-fathom (183-meter) isobath adjoining the islands of Lanai,
Maui, and Molokai, including Penguin Bank but excluding the area within 3
nautical miles of the upper reaches of the waves on the shore of Kahoolawe
Island;
(B) to the deep water area of Pailolo Channel from Cape Halawa, Molokai,
to Nakalele Point, Maui, and southward; and
(C) to the 100-fathom (183-meter) isobath adjoining the Kilauea National
Wildlife Refuge on the island of Kauai.
(2)(A) On January 1, 1996, the area of the marine environment within
3 nautical miles of the upper reaches of the wash of the waves on
the shore of Kahoolawe Island is designated a part of the Sanctuary,
unless during the 3-month period immediately preceding January 1, 1996,
the Secretary certifies in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine and
Fisheries of the House of Representatives that the area is not suitable
for inclusion in the Sanctuary. If such certification is made, it shall
be accompanied by a written explanation of the Secretary's reasoning in
support of the certification.
(B) After a certification of unsuitability is made under subparagraph (A),
the Secretary shall annually make a finding concerning the suitability of
the area for inclusion in the Sanctuary and submit to such congressional
committees a report on that finding and the reasons thereof. If the
Secretary finds that the area is suitable for inclusion in the Sanctuary,
the area is designated a part of the Sanctuary on the 30th day after such
report is submitted.
(C) Upon designation of the area under subparagraph (A) or (B), the area
shall be managed as if it has been designated under section 2305, and the
Secretary shall--
(i) publish a notice in the Federal Register announcing the designation
and identifying the area; and
(ii) issue such regulations for the area as are necessary to fulfill the
Secretary's responsibilities under this subtitle and title III of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(3) The Secretary shall generally identify and depict the Sanctuary on
National Oceanic and Atmospheric Administration charts. Those charts shall be
maintained on file and kept available for public examination during regular
business hours at the Office of Ocean and Coastal Resource Management of
the National Oceanic and Atmospheric Administration. The Secretary shall
update the charts to reflect any boundary modification under subsection
(d), and any additional designation under paragraph (2) of this subsection.
(c) EFFECT OF OBJECTION BY GOVERNOR- (1) If within 45 days after the date
of enactment of this title the Governor of Hawaii certifies to the Secretary
that the designation (including the prospective additional designation under
subsection (b)(2) of the area within 3 nautical miles of Kahoolawe Island)
is unacceptable, the designation shall not take effect in the area of the
Sanctuary lying within the seaward boundary of the State of Hawaii.
(2) If within 45 days after the date of issuance of the comprehensive
management plan and implementing regulations under section 2306 the
Governor of Hawaii certifies to the Secretary that the management plan,
any implementing regulation, or any term of the plan or regulations is
unacceptable, the management plan, regulation, or term, respectively,
shall not take effect in the area of the Sanctuary lying within the seaward
boundary of the State of Hawaii.
(3) If the Secretary considers that an action taken under paragraph (1) or
(2) will affect the Sanctuary in a manner that the goals and objectives
of this subtitle cannot be fulfilled, the Secretary may terminate the
entire designation under subsection (a). At least 30 days prior to such
termination, the Secretary shall submit written notification of the proposed
termination to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine and Fisheries of the House
of Representatives.
(d) BOUNDARY MODIFICATIONS- No later than the date of issuance of the
draft environmental impact statement for the Sanctuary under section
304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary, in consultation
with the Governor of Hawaii, if appropriate, may make modifications to
the boundaries of the Sanctuary as necessary to fulfill the purposes of
this subtitle. The Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a written notification
of such modifications.

074851ffdf5a1b44ffac440e89b6fec150b4837e43364d85a410a2e93f5be0ae

(a) PREPARATION OF PLAN- The Secretary, in consultation with interested
persons and appropriate Federal, State, and local government authorities,
shall develop and issue not later than 18 months after the date of enactment
of this title a comprehensive management plan and implementing regulations
to achieve the policy and purposes of this subtitle. In developing the plan
and regulations, the Secretary shall follow the procedures specified in
sections 303 and 304 of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1433 and 1434), as amended by this title. Such
comprehensive management plan shall--
(1) facilitate all public and private uses of the Sanctuary (including uses
of Hawaiian natives customarily and traditionally exercised for subsistence,
cultural, and religious purposes) consistent with the primary objective
of the protection of humpback whales and their habitat;
(2) set forth the allocation of Federal and State enforcement
responsibilities, as jointly agreed by the Secretary and the State of Hawaii;
(3) identify research needs and establish a long-term ecological monitoring
program with respect to humpback whales and their habitat;
(4) identify alternative sources of funding needed to fully implement
the plan's provisions and supplement appropriations under section 2307
of this subtitle and section 313 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16. U.S.C. 1444);
(5) ensure coordination and cooperation between Sanctuary managers and
other Federal, State, and local authorities with jurisdiction within or
adjacent to the Sanctuary; and
(6) promote education among users of the Sanctuary and the general public
about conservation of humpback whales, their habitat, and other marine
resources.
(b) PUBLIC PARTICIPATION- The Secretary shall provide for participation
by the general public in development of the comprehensive management plan
or any amendment thereto.

d99ce829af5b96517bb7e8723eb58c4bd27dc98ed953aad18174a0caea4a13b6

For carrying out this subtitle, there are authorized to be appropriated to
the Secretary $500,000 for fiscal year 1993 and $300,000 for fiscal year
1994. Of the amounts appropriated under this section for fiscal year 1993--
(1) not less than $50,000 shall be used by the Western Pacific Regional
Team to evaluate potential national marine sanctuary sites for inclusion
on the Department of Commerce's Site Evaluation List; and
(2) not less than $50,000 shall be used to continue the investigation of
biological, cultural, and historical resources adjacent to Kahoolawe Island.

8434c8b1f2b657e91799694641a668b72f9c5a2da96430a70f3453e184230c70

This title may be cited as the `Marine Mammal Health and Stranding
Response Act'.

c24a68ae453fd12b47e9791eaf2c4e0b997d1aa624d3a6bb9ad27ead51441431

TITLE III

-MARINE MAMMAL STRANDING

The Congress finds the following:
(1) Current stranding network participants have performed an undeniably
valuable and ceaseless job of responding to marine mammal strandings over
the last 15 years.
(2) Insufficient understanding of the connection between marine mammal
health and the physical, chemical, and biological parameters of their
environment prevents an adequate understanding of the causes of marine
mammal unusual mortality events.
(3) An accurate assessment to marine mammal health, health trends in
marine mammal populations in the wild, and causes of marine mammal unusual
mortality events cannot be made without adequate reference data on marine
mammals and the environment in which they live.
(4) A systematic assessment of the sources, presence, levels, and effects of
potentially harmful contaminants on marine mammals would provide a better
understanding of some of the causes of marine mammal unusual mortality
events and may serve as an indicator of the general health of our coastal
and marine environments.
(5) Responses to marine mammal unusual mortality events are often
uncoordinated, due to the lack of sufficient contingency planning.
(6) Standardized methods for the reporting of dying, dead, or otherwise
incapacitated marine mammals in the wild would greatly assist in the
determination of the causes of marine mammal unusual mortality events and
enhance general knowledge of marine mammal species.
(7) A formal system for collection, preparation, and archiving of,
and providing access to, marine mammal tissues will enhance efforts to
investigate the health of marine mammals and health trends of marine mammal
populations, and to develop reference data.
(8) Information on marine mammals, including results of analyses of marine
mammal tissues, should be broadly available to the scientific community,
including stranding network participants, through a marine mammal data base.

9fbe45814b2401ba30083e2910f287c40dcd1c35420eee264b94062f96c75fed

(a) IN GENERAL- The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) is amended by adding at the end the following new title:
`TITLE III--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
`SEC. 301. ESTABLISHMENT OF PROGRAM.
`(a) ESTABLISHMENT- The Secretary shall, in consultation with the
Secretary of the Interior, the Marine Mammal Commission, and individuals
with knowledge and experience in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine conservation,
including stranding network participants, establish a program to be known
as the `Marine Mammal Health and Stranding Response Program'.
`(b) PURPOSES- The purposes of the Program shall be to--
`(1) facilitate the collection and dissemination of reference data on the
health of marine mammals and health trends of marine mammal populations
in the wild;
`(2) correlate the health of marine mammals and marine mammal populations,
in the wild, with available data on physical, chemical, and biological
environmental parameters; and
`(3) coordinate effective responses to unusual mortality events by
establishing a process in the Department of Commerce in accordance with
section 304.
`SEC. 302. DETERMINATION; DATA COLLECTION AND DISSEMINATION.
`(a) DETERMINATION FOR RELEASE- The Secretary shall, in consultation with
the Secretary of the Interior, the Marine Mammal Commission, and individuals
with knowledge and experience in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine conservation,
including stranding network participants, develop objective criteria,
after an opportunity for public review and comment, to provide guidance
for determining at what point a rehabilitated marine mammal is releasable
to the wild.
`(b) COLLECTION- The Secretary shall, in consultation with the Secretary
of the Interior, collect and update, periodically, existing information on--
`(1) procedures and practices for--
`(A) rescuing and rehabilitating stranded marine mammals, including
criteria used by stranding network participants, on a species-by-species
basis, for determining at what point a marine mammal undergoing rescue
and rehabilitation is returnable to the wild; and
`(B) collecting, preserving, labeling, and transporting marine mammal
tissues for physical, chemical, and biological analyses;
`(2) appropriate scientific literature on marine mammal health, disease,
and rehabilitation;
`(3) strandings, which the Secretary shall compile and analyze, by region,
to monitor species, numbers, conditions, and causes of illnesses and deaths
of stranded marine mammals; and
`(4) other life history and reference level data, including marine mammal
tissue analyses, that would allow comparison of the causes of illness and
deaths in stranded marine mammals with physical, chemical, and biological
environmental parameters.
`(c) AVAILABILITY- The Secretary shall make information collected under
this section available to stranding network participants and other qualified
scientists.
`SEC. 303. STRANDING RESPONSE AGREEMENTS.
`(a) IN GENERAL- The Secretary may enter into an agreement under section
112(c) with any person to take marine mammals under section 109(h)(1)
in response to a stranding.
`(b) REQUIRED PROVISION- An agreement authorized by subsection (a) shall--
`(1) specify each person who is authorized to perform activities under
the agreement; and
`(2) specify any terms and conditions under which a person so specified
may delegate that authority to another person.
`(c) REVIEW- The Secretary shall periodically review agreements under
section 112(c) that are entered into pursuant to this title, for performance
adequacy and effectiveness.
`SEC. 304. UNUSUAL MORTALITY EVENT RESPONSE.
`(a) RESPONSE-
`(1) WORKING GROUP-
`(A) The Secretary, acting through the Office, shall establish, in
consultation with the Secretary of the Interior, a marine mammal unusual
mortality event working group, consisting of individuals with knowledge
and experience in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, marine conservation, and medical science,
to provide guidance to the Secretary and the Secretary of the Interior for--
`(i) determining whether an unusual mortality event is occurring;
`(ii) determining, after an unusual mortality event has begun, if response
actions with respect to that event are no longer necessary; and
`(iii) developing the contingency plan in accordance with subsection (b),
to assist the Secretary in responding to unusual mortality events.
`(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply
to the marine mammal unusual mortality event working group established
under this paragraph.
`(2) RESPONSE TIMING- The Secretary, in consultation with the Secretary
of the Interior, shall to the extent necessary and practicable--
`(A) within 24 hours after receiving notification from a stranding network
participant that an unusual mortality event might be occurring, contact as
many members as is possible of the unusual mortality event working group
for guidance; and
`(B) within 48 hours after receiving such notification--
`(i) make a determination as to whether an unusual mortality event is
occurring;
`(ii) inform the stranding network participant of that determination; and
`(iii) if the Secretary has determined an unusual mortality event is
occurring, designate an Onsite Coordinator for the event, in accordance
with subsection (c).
`(b) CONTINGENCY PLAN-
`(1) IN GENERAL- The Secretary shall, in consultation with the Secretary
of the Interior and the unusual mortality event working group, and after
an opportunity for public review and comment, issue a detailed contingency
plan for responding to any unusual mortality event.
`(2) CONTENTS- The contingency plan required under this subsection shall
include--
`(A) a list of persons, including stranding network participants,
at a regional, State, and local level, who can assist the Secretary in
implementing a coordinated and effective response to an unusual mortality
event;
`(B) the types of marine mammal tissues and analyses necessary to assist
in diagnosing causes of unusual mortality events;
`(C) training, mobilization, and utilization procedures for available
personnel, facilities, and other resources necessary to conduct a rapid
and effective response to unusual mortality events; and
`(D) such requirements as are necessary to--
`(i) minimize death of marine mammals in the wild and provide appropriate
care of marine mammals during an unusual mortality event;
`(ii) assist in identifying the cause or causes of an unusual mortality
event;
`(iii) determine the effects of an unusual mortality event on the size
estimates of the affected populations of marine mammals; and
`(iv) identify any roles played in an unusual mortality event by physical,
chemical, and biological factors, including contaminants.
`(c) ONSITE COORDINATORS-
`(1) DESIGNATION-
`(A) The Secretary shall, in consultation with the Secretary of the Interior,
designate one or more Onsite Coordinators for an unusual mortality event, who
shall make immediate recommendations to the stranding network participants
on how to proceed with response activities.
`(B) An Onsite Coordinator so designated shall be one or more appropriate
Regional Directors of the National Marine Fisheries Service or the United
States Fish and Wildlife Service, or their designees.
`(C) If, because of the wide geographic distribution, multiple species
of marine mammals involved, or magnitude of an unusual mortality event,
more than one Onsite Coordinator is designated, the Secretary shall,
in consultation with the Secretary of the Interior, designate which of
the Onsite Coordinators shall have primary responsibility with respect to
the event.
`(2) FUNCTIONS-
`(A) An Onsite Coordinator designated under this subsection shall coordinate
and direct the activities of all persons responding to an unusual mortality
event in accordance with the contingency plan issued under subsection (b),
except that--
`(i) with respect to any matter that is not covered by the contingency plan,
an Onsite Coordinator shall use his or her best professional judgment; and
`(ii) the contingency plan may be temporarily modified by an Onsite
Coordinator, consulting as expeditiously as possible with the Secretary,
the Secretary of the Interior, and the unusual mortality event working group.
`(B) An Onsite Coordinator may delegate to any qualified person authority
to act as an Onsite Coordinator under this title.
`SEC. 305. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
`(a) ESTABLISHMENT OF FUND- There is established in the Treasury a fund
to be known as the `Marine Mammal Unusual Mortality Event Fund', which
shall consist of amounts deposited into the Fund under subsection (c).
`(b) USES-
`(1) IN GENERAL- Amounts in the Fund--
`(A) shall be available only for use by the Secretary, in consultation
with the Secretary of the Interior--
`(i) to compensate persons for special costs incurred in acting in accordance
with the contingency plan issued under section 304(b) or under the direction
of an Onsite Coordinator for an unusual mortality event; and
`(ii) for reimbursing any stranding network participant for costs incurred
in preparing and transporting tissues collected with respect to an unusual
mortality event for the Tissue Bank; and
`(B) shall remain available until expended.
`(2) PENDING CLAIMS- If sufficient amounts are not available in the Fund
to satisfy any authorized pending claim, such claim shall remain pending
until such time as sufficient amounts are available. All authorized pending
claims shall be satisfied in the order received.
`(c) DEPOSITS INTO THE FUND- There shall be deposited into the Fund--
`(1) amounts appropriated to the Fund;
`(2) other amounts appropriated to the Secretary for use with respect to
unusual mortality events; and
`(3) amounts received by the United States in the form of gifts, devises,
and bequests under subsection (d).
`(d) ACCEPTANCE OF DONATIONS- For purposes of carrying out this title,
the Secretary may accept, solicit, and use the services of volunteers,
and may accept, solicit, receive, hold, administer, and use gifts, devices,
and bequests.
`SEC. 306. LIABILITY.
`(a) IN GENERAL- A person who is authorized to respond to a stranding
pursuant to an agreement entered into under section 112(c) is deemed to
be an employee of the government for purposes of chapter 171 of title 28,
United States Code, with respect to actions of the person that are--
`(1) in accordance with the agreement; and
`(2) in the case of an unusual mortality event, in accordance with--
`(A) the contingency plan issued under section 304(b);
`(B) the instructions of an Onsite Coordinator designated under section
304(c); or
`(C) the best professional judgment of an Onsite Coordinator, in the case
of any matter that is not covered by the contingency plan.
`(b) LIMITATION- Subsection (a) does not apply to actions of a person
described in that subsection that are grossly negligent or that constitute
willful misconduct.
`SEC. 307. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
`(a) TISSUE BANK-
`(1) IN GENERAL- The Secretary shall make provision for the storage,
preparation, examination, and archiving of marine mammal tissues. Tissues
archived pursuant to this subsection shall be known as the `National Marine
Mammal Tissue Bank'.
`(2) GUIDANCE FOR MARINE MAMMAL TISSUE COLLECTION, PREPARATION, AND
ARCHIVING- The Secretary shall, in consultation with individuals with
knowledge and expertise in marine science, marine mammal science, marine
mammal veterinary and husbandry practices, and marine conservation, issue
guidance, after an opportunity for public review and comment, for marine
mammal tissue collection, preparation, archiving, and quality control
procedures, regarding--
`(A) appropriate and uniform methods and standards for those activities
to provide confidence in marine mammal tissue samples used for research; and
`(B) documentation of procedures used for collecting, preparing, and
archiving those samples.
`(3) SOURCE OF TISSUE- In addition to tissues taken during marine mammal
unusual mortality events, the Tissue Bank shall incorporate tissue samples
taken from other sources in the wild, including--
`(A) samples from marine mammals taken incidental to commercial fishing
operations;
`(B) samples from marine mammals taken for subsistence purposes;
`(C) biopsy samples; and
`(D) any other samples properly collected.
`(b) TISSUE ANALYSIS- The Secretary shall, in consultation with the
Marine Mammal Commission, the Secretary of the Interior, and individuals
with knowledge and experience in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine conservation,
issue guidance, after an opportunity for public review and comment,
for analyzing tissue samples (by use of the most effective and advanced
diagnostic technologies and tools practicable) as a means to monitor and
measure overall health trends in representative species or populations of
marine mammals, including--
`(1) the levels of, and if possible, the effects of, potentially harmful
contaminants; and
`(2) the frequency of, and if possible, the causes and effects of abnormal
lesions or anomalies.
`(c) DATA BASE-
`(1) IN GENERAL- The Secretary shall maintain a central data base which
provides an effective means for tracking and accessing data on marine
mammals, including relevant data on marine mammal tissues collected for
and maintained in the Tissue Bank.
`(2) CONTENTS- The data base established under this subsection shall
include--
`(A) reference data on the health of marine mammals and populations of
marine mammals; and
`(B) data on species of marine mammals that are subject to unusual
mortality events.
`(d) ACCESS- The Secretary shall, in consultation with the Secretary of
the Interior, establish criteria, after an opportunity for public review
and comment, for access to--
`(1) marine mammal tissues in the Tissue Bank;
`(2) analyses conducted pursuant to subsection (b); and
`(3) marine mammal data in the data base maintained under subsection (c);
which provide for appropriate uses of the tissues, analyses, and data by
qualified scientists, including stranding network participants.
`SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
`There is authorized to be appropriated--
`(1) to the Secretary for carrying out this title (other than sections
305 and 307) $250,000 for each of fiscal years 1993 and 1994;
`(2) to the Secretary for carrying out section 307, $250,000 for each of
fiscal years 1993 and 1994; and
`(3) to the Fund, $500,000 for fiscal year 1993.
`SEC. 309. DEFINITIONS.
`In this title, the following definitions apply:
`(1) The term `Fund' means the Marine Mammal Unusual Mortality Event Fund
established by section 305(a).
`(2) The term `Office' means the Office of Protected Resources, in the
National Marine Fisheries Service.
`(3) The term `stranding' means an event in the wild in which--
`(A) a marine mammal is dead and is--
`(i) on a beach or shore of the United States; or
`(ii) in waters under the jurisdiction of the United States (including
any navigable waters); or
`(B) a marine mammal is alive and is--
`(i) on a beach or shore of the United States and unable to return to
the water;
`(ii) on a beach or shore of the United States and, although able to return
to the water, is in need of apparent medical attention; or
`(iii) in the waters under the jurisdiction of the United States (including
any navigable waters), but is unable to return to its natural habitat
under its own power or without assistance.
`(4) The term `stranding network participant' means a person who is
authorized by an agreement under section 112(c) to take marine mammals as
described in section 109(h)(1) in response to a stranding.
`(5) The term `Tissue Bank' means the National Marine Tissue Bank provided
for under section 307(a).
`(6) The term `unusual mortality event' means a stranding that--
`(A) is unexpected;
`(B) involves a significant die-off of any marine mammal population; and
`(C) demands immediate response.'.
(b) IMPLEMENTATION- The Secretary of Commerce shall--
(1) in accordance with section 302 (a) and (b) of the Marine Mammal
Protection Act of 1972, as amended by this Act, and not later than 24
months after the date of enactment of this Act--
(A) develop and implement objective criteria to determine at what point
a marine mammal undergoing rehabilitation is returnable to the wild; and
(B) collect and make available information on marine mammal health and
health trends; and
(2) in accordance with section 304(b) of the Marine Mammal Protection Act
of 1972, as amended by this Act, issue a detailed contingency plan for
responding to any unusual mortality event--
(A) in proposed form by not later than 18 months after the date of enactment
of this Act; and
(B) in final form by not later than 24 months after the date of enactment
of this Act.

48fe77e8f88e49a4315de14dfc59981c42d77edd3cabafd10422da7879ab933c

(a) CROSS REFERENCES- The Marine Mammal Protection Act of 1972 is amended--
(1) in section 102(a) (16 U.S.C. 1372(a)) by inserting `or title III'
after `this title' the first place it appears;
(2) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by inserting `or title III'
after `this title'; and
(3) in section 112(c) (16 U.S.C. 1382(c)) by inserting `or title III'
after `this title'.
(b) DEFINITION OF SECRETARY- Section 3(11) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1362(11)) is amended--
(1) by striking `The term' and inserting `(A) Except as provided in
subparagraph (B), the term';
(2) by redesignating subparagraph (A) as clause (i);
(3) by redesignating subparagraph (B) as clause (ii); and
(4) by adding at the end the following new subparagraph:
`(B) in title III the term `Secretary' means the Secretary of Commerce.'.
(c) TABLE OF CONTENTS- The table of contents at the end of the first
section of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.) is amended by adding at the end the following:
`Title III--Marine Mammal Health and Stranding Response
`Sec. 301. Establishment of program.
`Sec. 302. Determination; data collection and dissemination.
`Sec. 303. Stranding response agreements.
`Sec. 304. Unusual mortality event response.
`Sec. 305. Unusual mortality event activity funding.
`Sec. 306. Liability.
`Sec. 307. National Marine Mammal Tissue Bank and tissue analysis.
`Sec. 308. Authorization of appropriations.
`Sec. 309. Definitions.'.

938485115ce2b495c6221104c489503d1d325e72db47eb677156fe54a028e189

The Secretary of the Army shall conduct studies for navigation projects
for Provincetown Harbor, Massachusetts, and Aunt Lydia's Cove, Chatham,
Massachusetts, and shall evaluate the benefits of the projects to commercial
fishermen at full manufacturing wages. After completion of the studies,
the Secretary of the Army shall carry out the projects under section 107
of the River and Harbor Act of 1960 (33 U.S.C. 577).

642e0b792f08ffc422a2fc2ebb9b6e6e17cdd6108c7ea63d93a33599a995a0ea

Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) is amended in
paragraph (2) by inserting `any' before `court'.

3dacc7926799b1caad24e0b29905e812cacf028848c3c24bbd8587670a51ef6d

(a) IN GENERAL- The Secretary of the Army in consultation with the
Administrator of the Environmental Protection Agency, the Director of the
United States Fish and Wildlife Service, the Governor of the State of New
York, and the Mayor of the city of New York, shall--
(1) develop a prevention monitoring program for zebra mussels throughout
the New York City water supply system;
(2) develop appropriate zebra mussel prevention and removal technologies
for the New York City water supply system; and
(3) provide technical assistance to the State of New York and the city of
New York on alternative design and maintenance practices for the New York
City water supply system in the event of zebra mussel infestation.
(b) COST SHARING- The Secretary of the Army shall not initiate any
monitoring, prevention, or technical assistance project or program under
this subsection until appropriate non-Federal interests agree, by contract,
to contribute 25 percent of the cost for such project or program during
the period of such project or program.
(c) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out
this subsection, there is authorized to be appropriated to the Secretary
of the Army $2,000,000 for each fiscal years 1993, 1994, 1995, 1996,
and 1997. Such sums shall remain available until expended.

41d7f9c26f5027b7fc87a256c1f933dee3b7b6c507c4fc7eb8b15e3ffa0a66a1

TITLE IV

-NEW YORK CITY ZEBRA MUSSEL PROGRAM

Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711(b)) is amended by adding at the end
the following new paragraph:
`(3) In addition to issuing regulations under paragraph (1), the Secretary,
in consultation with the Task Force shall, not later than 24 months after
the date of the enactment of this paragraph, issue regulations to prevent
the introduction and spread of aquatic nuisance species into the Great
Lakes through ballast water carried on vessels that, after operating on
the waters beyond the exclusive economic zone, enter a United States port
on the Hudson River north of the George Washington Bridge.'.

1d0dff139e65c6d8e961c465490a7ce30286d69635afc18e3d399f62f8ecbe64

This title may be cited as the `Coast Guard Authorization Act of 1992'.

4b70fcc1a214707b8cf6a0f88cb963daf8ff497b6c7d46ffac15547e428188dc

TITLE V

-COAST GUARD AUTHORIZATION

Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for Fiscal Year 1993, as follows:
(1) For the operation and maintenance of the Coast Guard, $2,603,000,000,
of which--
(A) $253,100,000 shall be transferred from the Department of Defense;
(B) $31,876,000 shall be derived from the Oil Spill Liability Trust Fund; and
(C) $35,000,000 shall be expended from the Boat Safety Account.
(2) For the acquisition, construction, rebuilding, and improvement of
aids-to-navigation, shore and offshore facilities, vessels, and aircraft,
including equipment related thereto, $419,300,000 to remain available
until expended, of which--
(A) $18,000,000 shall be transferred from the Department of Defense; and
(B) $38,122,000 shall be derived from the Oil Spill Liability Trust Fund.
(3) For research, development, test, and evaluation, $29,900,000, to remain
available until expended, of which $4,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(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, $519,700,000, to remain
available until expended.
(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 Administration Program,
$12,600,000, to remain available until expended.
(6) For environmental compliance and restoration at Coast Guard facilities,
$30,500,000, to remain available until expended.

d9d9bc1adfa2dd40f7155ecf6b2f254830d4f9f22598fc3370117b14d46232bd

(a) As of September 30, 1993, the Coast Guard is authorized an end-of-year
strength for active duty personnel of 39,732. The authorized strength
does not include members of the Ready Reserve called to active duty under
section 712 of title 14, United States Code.
(b) For Fiscal Year 1993, the Coast Guard is authorized average military
training student loads as follows:
(1) For recruit and special training, 2,653 student years.
(2) For flight training, 110 student years.
(3) For professional training in military and civilian institutions,
362 student years.
(4) For officer acquisition, 878 student years.

7c823d25ac4d32cb8e1e69ed4ecf273cd0e9eccf287e2a0c87fe072b99f3aa02

Of amounts authorized to be appropriated for acquisition, construction,
rebuilding, and improvement, the Secretary of Transportation shall expend
not more than $5,500,000, in Fiscal Years 1993, 1994, 1995, 1996, and 1997,
for shore facilities improvements within Group Cape Hatteras, North Carolina.

0c93b3344a6c92b1c0b8335825b4b2fc02d139cb791ce41dc989c63d4684808e

Of the amounts authorized to be appropriated for acquisition, construction,
rebuilding, and improvement that are derived from the Oil Spill Liability
Trust Fund in fiscal year 1993, the Secretary of Transportation shall
expend not more than--
(1) $890,000 to acquire and preposition oil spill response equipment at
Houston, Texas; and
(2) $1,160,000 for the enhancement of Columbia River marine, fire, oil,
and toxic spill response communications, training, equipment, and program
administration activities conducted by the Maritime Fire and Safety
Association.

8f60cae09f5d5c8f124e87c427be0aa07f69c49a9cab0e570cf693b7d088dcb6

Of the amounts authorized to be appropriated for acquisition, construction,
rebuilding, and improvement that are derived from the Oil Spill Liability
Trust Fund in fiscal year 1993, the Secretary of Transportation shall make
available not more than--
(1) $1,250,000 to the Texas Center for Marine Training and Safety at
Galveston, Texas, for the purchase of a marine oil spill management
simulator; and
(2) $1,250,000 to the Massachusetts Center for Marine Environmental
Protection, located at Buzzards Bay, Massachusetts, for the purchase of
a marine oil spill management simulator.

ed54c6e62bde0e55b3892bea44ee99186067eecb020ebbb936f10b76d467cc6f

Section 208 of the Dire Emergency Supplemental Appropriations Act, 1992
(Public Law 102-368) applies to military personnel and civilian employees
of the United States Coast Guard to the same extent as that section applies
to the Department of Defense, except that funds available to the Coast
Guard shall be used.
Subtitle A--Boating Safety

22b5a5ef2ac57770cefcb69ce1780075df3f6997b3bd8604c9f0c72213f19521

BOATING SAFETY PROGRAMS.
Section 13104 of title 46, United States Code, is amended to read as follows:
`Sec. 13104. Availability of allocations
`(a)(1) Amounts allocated to a State shall be available for obligation by
that State for a period of 3 years after the date of allocation.
`(2) Amounts allocated to a State that are not obligated at the end of the
3-year period referred to in paragraph (1) shall be withdrawn and allocated
by the Secretary in addition to any other amounts available for allocation
in the fiscal year in which they are withdrawn or the following fiscal year.
`(b) Amounts available to the Secretary for State recreational boating
safety programs for a fiscal year that have not been allocated at the end
of the fiscal year shall be allocated among States in the next fiscal year
in addition to amounts otherwise available for allocation to States for
that next fiscal year.'.

c2c16e727a6a42f409bb7743ea01c891b8b32526028a0af000e366188f56cecc

Section 2302(c)(1) of title 46, United States Code, is amended by striking
`$1,000;' and inserting `$1,000 for a first violation and not more than
$5,000 for a subsequent violation;'.

191f07892c02efdb4b92d3fd60076bb963c616772f5879554d7f29c682d9f954

Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a plan to increase the
availability of voluntary safe boating education to individuals 16 years of
age or younger. In developing the plan, the Secretary shall consider using
the resources of the Coast Guard Auxiliary to provide boating education
to the greatest extent possible.
Subtitle B--Miscellaneous

5de7fa9a3aa06fed7a7d694b023ed5405bfa1fdcab54ce08c63a4bbc7bad3016

Section 336(d) of title 14, United States Code, is amended by striking
`lieutenant'.

7b13ab0c0580c24e5857ac34bb2f53814edd23ef4929bce00c1dca8c554ccbc8

Section 641 of title 14, United States Code, is amended by adding the
following:
`(c)(1) The Commandant may--
`(A) provide for the sale of recyclable materials that the Coast Guard holds;
`(B) provide for the operation of recycling programs at Coast Guard
installations; and
`(C) designate Coast Guard installations that have qualified recycling
programs for the purposes of subsection (d)(2).
`(2) Recyclable materials shall be sold in accordance with section 203 of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484).
`(d)(1) Proceeds from the sale of recyclable materials at a Coast Guard
installation shall be credited to funds available for operations and
maintenance at that installation in amounts sufficient to cover operations,
maintenance, recycling equipment, and overhead costs for processing
recyclable materials at the installation.
`(2) If, after funds are credited, a balance remains available to a Coast
Guard installation and the installation has a qualified recycling program,
not more than 50 percent of that balance may be used at the installation
for projects for pollution abatement, energy conservation, and occupational
safety and health activities. The cost of the project may not be greater
than 50 percent of the amount permissible for a minor construction project.
`(3) The remaining balance available to a Coast Guard installation may be
transferred to the Coast Guard Morale, Welfare, and Recreation Program.
`(e) If the balance available to the Coast Guard installation under this
section at the end of a fiscal year is in excess of $200,000, the amount
of that excess shall be deposited in the general fund of the Treasury as
offsetting receipts of the department in which the Coast Guard is operating
and ascribed to Coast Guard activities.'.

9af7165d7c78ec0a8829276fd1b08c43908125936e70bbd26141630ca7077811

(a) Title 14, United States Code is amended by inserting after section
644 the following new section:
`Sec. 645. Confidentiality of medical quality assurance records; qualified
immunity for participants
`(a) In this section--
`(1) `medical quality assurance program' means any activity carried
out by or for the Coast Guard to assess the quality of medical care,
including activities conducted by individuals, military medical or dental
treatment facility committees, or other review bodies responsible for
quality assurance, credentials, infection control, patient care assessment
(including treatment procedures, blood, drugs, and therapeutics) medical
records, health resources management review and identification and prevention
of medical or dental incidents and risks.
`(2) `medical quality assurance record' means the proceedings, records,
minutes, and reports that emanate from quality assurance program activities
described in paragraph (1) and are produced or compiled by the Coast Guard
as part of a medical quality assurance program.
`(3) `health care provider' means any military or civilian health care
professional who, under regulations prescribed by the Secretary, is
granted clinical practice privileges to provide health care services
in a military medical or dental treatment facility or who is licensed
or certified to perform health care services by a governmental board or
agency or professional health care society or organization.
`(b) Medical quality assurance records created by or for the Coast
Guard as part of a medical quality assurance program are confidential and
privileged. The records may not be disclosed to any person or entity except
as provided in subsection (d).
`(c)(1) Medical quality assurance records are not subject to discovery
and may not be admitted into evidence in any judicial or administrative
proceeding, except as provided in subsection (d).
`(2) Except as provided in this section, an individual who reviews or
creates medical quality assurance records for the Coast Guard or who
participates in any proceeding that reviews or creates the records may
not testify in any judicial or administrative proceeding with respect to
the records or with respect to any finding, recommendation, evaluation,
opinion, or action taken by that person in connection with the records.
`(d)(1) Subject to paragraph (2), a medical quality assurance record may
be disclosed, and an individual referred to in subsection (c) may testify
in connection with a record only as follows:
`(A) To a Federal executive agency or private organization, if necessary
to license, accredit, or monitor Coast Guard health care facilities.
`(B) To an administrative or judicial proceeding commenced by a present or
former Coast Guard or Coast Guard assigned Public Health Service health
care provider concerning the termination, suspension, or limitation of
clinical privileges of the health care provider.
`(C) To a governmental board or agency or to a professional health care
society or organization, if necessary to perform licensing, or privileging,
or to monitor professional standards for a health care provider who is
or was a member or an employee of the Coast Guard or the Public Health
Service assigned to the Coast Guard.
`(D) To a hospital, medical center, or other institution that provides health
care services, if necessary to assess the professional qualifications of
any health care provider who is or was a member or employee of the Coast
Guard or the Public Health Service assigned to the Coast Guard and who has
applied for or been granted authority or employment to provide health care
services in or on behalf of the institution.
`(E) To an officer, member, employee, or contractor of the Coast Guard or the
Public Health Service assigned to the Coast Guard if for official purposes.
`(F) To a criminal or civil law enforcement agency or instrumentality
charged under applicable law with the protection of the public health or
safety, if a qualified representative of the agency or instrumentality
makes a written request that the record or testimony be provided for a
purpose authorized by law.
`(G) In an administrative or judicial proceeding commenced by a criminal or
civil law enforcement agency or instrumentality referred to in subparagraph
(F), but only with respect to the subject of the proceeding.
`(2) Except in a quality assurance action, the identity of any individual
receiving health care services from the Coast Guard or the identity of any
other individual associated with the agency for the purposes of a medical
quality assurance program that is disclosed in a medical quality assurance
record shall be deleted from that record or document before any disclosure
of the record is made outside the Coast Guard. This requirement does not
apply to the release of information under section 552a of title 5.
`(d) Except as provided in this section, a person having possession of or
access to a record or testimony described by this section may not disclose
the contents of the record or testimony.
`(e) Medical quality assurance records may not be made available to any
person under section 552 of title 5.
`(f) An individual who participates in or provides information to an
individual that reviews or creates medical quality assurance records
is not civilly liable for participating or providing the information if
the participation or provision of information was in good faith based on
prevailing professional standards at the time the medical quality assurance
program activity took place.
`(g) Nothing in this section shall be construed as--
`(1) authority to withhold from any person aggregate statistical information
regarding the results of Coast Guard medical quality assurance programs;
`(2) authority to withhold any medical quality assurance record from a
committee of either House of Congress, any joint committee of Congress,
or the General Accounting Office if the record pertains to any matter
within their respective jurisdictions;
`(3) limiting access to the information in a record created and maintained
outside a medical quality assurance program, including a patient's medical
records, on the grounds that the information was presented during meetings
of a review body that are part of a medical quality assurance program.
`(h) Except as otherwise provided in this section, an individual who
willfully discloses a medical quality assurance record knowing that the
record is a medical quality assurance record, is liable to the United States
Government for a civil penalty of not more than $3,000 in the case of a
first offense and not more than $20,000 in the case of a subsequent offense.'
`(b) The analysis for chapter 17 of title 14, United States Code, is amended
by adding after the item relating to section 644 the following new item:
`645. Confidentiality of medical quality assurance records; qualified immunity
for participants.'.

e35137b4590f017c674d69c75dae4e625da589e42a8b859cd5c1a111efd42f83

(a) Title 14, United States Code, is amended by adding the following
new section:
`Sec. 669. Telephone installation and charges
`Under regulations prescribed by the Secretary, amounts appropriated to
the Department of Transportation are available to install, repair, and
maintain telephone wiring in residences owned or leased by the United
States Government and, if necessary for national defense purposes, in
other private residences.'
(b) The analysis for chapter 17 of title 14, United States Code, is amended
by adding at the end the following new item:
`669. Telephone Installation and Charges.'.

e1ec94c6cc9c5668bc97914f964ffd4d3ad826392db1ca1aa500edeb0d6d3ae0

(a) Section 306(a) of title 37, United States Code, is amended by striking
`of pay grade O-3, O-4, O-5, or O-6' and inserting `of pay grade O-6 or
below', and by striking the chart and inserting the following new chart:
---------------------------
`Pay Grade Monthly Rate
---------------------------
O-6 $150
O-5 100
O-4 and below 50'.
---------------------------
(b) Section 306(c) of title 37, United States Code, is amended by striking
`in pay grade O-3,' and inserting `in each of the pay grades O-3 and below,'.

4da74d9528bb4bffc1291273c201763efb090dadcd13a67317159e70cc48bcd8

Section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001
et seq.) is amended by amending Rule 1(d) (33 U.S.C. 2001(d)) to read
as follows:
`(d) Traffic separation schemes may be established for the purpose of
these Rules. Vessel traffic service regulations may be in effect in certain
areas.'; and
(2) by amending Rule 10 (33 U.S.C. 2010) to read as follows:
`Rule 10
`Traffic Separation Schemes
`(a) This Rule applies to traffic separation schemes and does not relieve
any vessel of her obligation under any other Rule.
`(b) A vessel using a traffic separation scheme shall--
`(i) proceed in the appropriate traffic lane in the general direction of
traffic flow for that lane;
`(ii) so far as practicable keep clear of a traffic separation line or
separation zone; and
`(iii) normally join or leave a traffic lane at the termination of the lane,
but when joining or leaving from either side shall do so at as small an
angle to the general direction of traffic flow as practicable.
`(c) A vessel shall, so far as practicable, avoid crossing traffic lanes
but if obliged to do so shall cross on a heading as nearly as practicable
at right angles to the general direction of traffic flow.
`(d)(i) A vessel shall not use an inshore traffic zone when she can safely
use the appropriate traffic lane within the adjacent traffic separation
scheme. However, vessels of less than 20 meters in length, sailing vessels,
and vessels engaged in fishing may use the inshore traffic zone.
`(ii) Notwithstanding subparagraph (d)(i), a vessel may use an inshore
traffic zone when en route to or from a port, offshore installation or
structure, pilot station, or any other place situated within the inshore
traffic zone, or to avoid immediate danger.
`(e) A vessel other than a crossing vessel or a vessel joining or leaving
a lane shall not normally enter a separation zone or cross a separation
line except--
`(i) in cases of emergency to avoid immediate danger; or
`(ii) to engage in fishing within a separation zone.
`(f) A vessel navigating in areas near the terminations of traffic separation
schemes shall do so with particular caution.
`(g) A vessel shall so far as practicable avoid anchoring in a traffic
separation scheme or in areas near its terminations.
`(h) A vessel not using a traffic separation scheme shall avoid it by as
wide a margin as is practicable.
`(i) A vessel engaged in fishing shall not impede the passage of any vessel
following a traffic lane.
`(j) A vessel of less than 20 meters in length or a sailing vessel shall not
impede the safe passage of a power-driven vessel following a traffic lane.
`(k) A vessel restricted in her ability to maneuver when engaged in
an operation for the maintenance of safety of navigation in a traffic
separation scheme is exempted from complying with this Rule to the extent
necessary to carry out the operation.
`(l) A vessel restricted in her ability to maneuver when engaged in an
operation for the laying, servicing, or picking up of a submarine cable,
within a traffic separation scheme, is exempted from complying with this
Rule to the extent necessary to carry out the operation.'.

05ef214a74282a7409dc38734835debed941dd672d8d8d29d679441d3a0ed3ae

Section 2110 of title 46, United States Code, is amended by adding at the
end the following:
`(j) The Secretary may not establish or collect a fee or charge for the
inspection under part B of this subtitle of training vessels operated by
state maritime academies.'.

e74f799b849cbb321a6e07979dd2da7f7f42400ebcf770e906ee3b7b09a077c1

(a) Section 2101 of title 46, United States Code, is amended by inserting
after paragraph (13) the following new paragraph:
`(13a) `Great Lakes barge' means a non-self-propelled vessel of at least
3,500 gross tons operating on the Great Lakes.'
(b) Section 3301 of title 46, United States Code, is amended by adding at
the end the following new paragraph:
`(13) Great Lakes barges.'.
(c) For Great Lakes barges placed in operation after the date of enactment
of this Act, the amendments made by this section take effect on the date
of enactment of this Act.
(d)(1) For Great Lakes barges in operation on the date of enactment of
this Act, the amendments made by this section take effect one year after
the date of enactment of this Act.
(2) The Secretary of Transportation may impose reasonable interim
requirements to assure safe operation of the barges affected by paragraph
(1).

fe0323dd88b6c882f1fe7b011d5cc6bdfdd7be5cd2d2870593b085d674d2530e

(a) In this section, `offshore supply vessel', `fish tender vessel',
`fishing vessel', and `tank vessel' have the meanings given those terms
under section 2101 of title 46, United States Code.
(b) The following vessels are deemed not to be a tank vessel for the
purposes of any law:
(1) An offshore supply vessel.
(2) A fishing or fish tender vessel of not more than 750 gross tons that
transfers without charge to a fishing vessel owned by the same person.
(c)(1) This section does not affect the authority of the Secretary
of Transportation under chapter 33 of title 46, United States Code, to
regulate the operation of the vessels listed in subsection (b) to ensure
the safe carriage of oil and hazardous substances.
(2) This section does not affect the requirement for fish tender vessels
engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81,
and 87 of title 46, United States Code, as provided in the Aleutian Trade
Act of 1990 (Public Law 101-595).
(d) Current regulations governing the vessels in subsection (b) remain
in effect.

736935cc362b09e95d1eca11133cad9cba26893d792b107bcd632e80edb5a2cd

OF CERTAIN FOREIGN PASSENGER VESSELS.
(a) Section 3303(a) of title 46, United States Code, is amended in the
first sentence--
(1) by striking `only' immediately after `is subject'; and
(2) by striking `the condition of the vessel's propulsion equipment and
lifesaving equipment are' and inserting in lieu thereof `the condition of
the vessel is'.
(b) Section 3505 of title 46, United States Code, is amended by striking
`or domestic vessel of more than 100 gross tons having berth or stateroom
accommodations for at least 50 passengers' and insert `vessel'.

2c830f1c245c24f5f564bcb10510efa987820c2fa976cb1de825adabdb6de822

Section 3317(b) of title 46, United States Code, is amended--
(1) by striking `chapter' and inserting `part'; and
(2) by inserting `or a foreign vessel' immediately after `documented vessel'.

d15d56c0a2a5e9fa62a8e3a571dcaba1bcbee570b00ca4f5514cf134a94d6c23

Section 8104 of title 46, United States Code, is amended--
(1) in subsection (g), by inserting `a vessel used only to respond to
a discharge of oil or a hazardous substance,' after `an offshore supply
vessel,'; and
(2) by redesignating the second subsection (n) as subsection (o).

2ac540c00c0af9e6e959f3829e008a6e92b02d0a33e97107e200cd693a457fb6

(a) Chapter 121 of title 46, United States Code, is amended--
(1) in section 12103(a), by striking `On' and inserting `Except as provided
in section 12123 of this title, on';
(2) by amending section 12110(c) to read as follows:
`(c) A vessel and its equipment are liable to seizure by and forfeiture
to the United States Government--
`(1) when a vessel is operated after its endorsement has been denied or
revoked under section 12123 of this title;
`(2) when a vessel is employed in a trade without an appropriate trade
endorsement; or
`(3) when a documented vessel with a recreational endorsement is operated
other than for pleasure.'; and
(3) by adding the following new section:
`Sec. 12123. Denial and revocation of endorsements
`When the owner of a vessel fails to pay a civil penalty assessed by the
Secretary, the Secretary may deny the issuance or renewal of an endorsement
or revoke the endorsement on a certificate of documentation issued under
this chapter.'.
(b) The analysis for chapter 121 of title 46, United States Code, is
amended by adding at the end the following:
`12123. Denial and revocation of endorsements.'.

cd50cf5a2a2f326f2bce416d197df2e778a30c43439d30348819bbce1d66e636

The Secretary of Transportation may not issue a citation for failure to
pay a fee or charge established under section 2110 of title 46, United
States Code, to an owner or operator of a recreational vessel who provides
reasonable evidence of prior payment of the fee or charge to a Coast Guard
boarding officer.

a424630b169accc3616a2b59029f2c386dc7213623de4624885063876ade9de9

BRIDGE.
(a)(1) The Secretary of the department in which the Coast Guard is operating
(in this section referred to as the `Secretary') shall not operate the
drawbridge of the Woodrow Wilson Memorial Bridge in the following periods
for the passage of a commercial vessel:
(A) Monday through Friday (except Federal holidays), 5:00 a.m. to 10:00
a.m. and 2:00 p.m. to 8:00 p.m.
(B) Saturday, Sunday, and Federal holidays, 2:00 p.m. to 7:00 p.m.
(2) The Secretary need not operate the drawbridge of the Woodrow Wilson
Memorial Bridge for the passage of a commercial vessel under paragraph
(1) unless--
(A) the owner or operator of the vessel provides the bridge tender with
an estimate of the approximate time of that passage at least 12 hours in
advance; and
(B) the owner or operator of the vessel notifies the bridge tender at
least 4 hours in advance of the requested time for that passage.
(3) Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue an Advance Notice of Proposed Rulemaking to
solicit comments on whether there are practical ways to encourage owners
and operators of commercial vessels to make every reasonable effort to
notify the bridge tender of the time a vessel will pass the Woodrow Wilson
Memorial Bridge by not later than 24 hours before that passage.
(b)(1) The Secretary shall not operate the drawbridge of the Woodrow
Wilson Memorial Bridge in the following periods for the passage of a
recreational vessel:
(A) Monday through Friday (except Federal holidays), 5:00 a.m. to 12:00
midnight;
(B) Saturday, Sunday, and Federal holidays, 7:00 a.m. to 12:00 midnight,
except as provided in paragraph (2).
(2) Notwithstanding paragraph (1)(B), the Secretary may operate the
drawbridge of the Woodrow Wilson Memorial Bridge beginning at 10:00 p.m. on
Saturday, Sunday, or a Federal holiday for the passage of a recreational
vessel, if the owner or operator of the vessel notifies the Secretary of
the time of that passage by not later than 12 hours before that time.
(3) This subsection shall not be construed to prohibit a recreational vessel
from passing the Woodrow Wilson Memorial Bridge at any time at which the
drawbridge is being operated for the passage of a commercial vessel.
(c) The Secretary shall operate the drawbridge of the Woodrow Wilson
Memorial Bridge on signal at anytime for a vessel in distress.

d5ff2b2838fd5b9e55c5e28b83e1fdb57db75ad2f98fdfc07d41b759df4f0658

(a)(1) The Secretary of Transportation shall convey to the town of Nantucket,
Massachusetts, all right, title, and interest of the United States in and
to the building known as the Station Brant Point Boat House located at
Coast Guard Station Brant Point, Nantucket, Massachusetts.
(2) A conveyance of the building under paragraph (1) shall be made--
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the Secretary considers
necessary.
(b)(1) The Secretary shall enter into a lease of not less than 20 years
permitting the town of Nantucket to occupy the property on which the Brant
Point Boat House is located, subject to appropriate terms and conditions
the Secretary considers necessary.
(2) If the Secretary determines that the property leased under paragraph
(1) is necessary for purposes of Coast Guard, the Secretary--
(A) may terminate the lease without payment of compensation; and
(B) shall provide the town of Nantucket with not less than 12 months
notice of the requirement to vacate the site and move the Boat House to
another location.

7d610abb827588736e65e3ec9dadcd62d16d18b018d7e76c8184a4fe2feeef62

COAST GUARD MISSIONS.
(a) Not later than one year after the date of enactment of this Act,
the Secretary of Transportation shall submit a study to Congress on the
application of the V-22 Osprey tiltrotor technology to Coast Guard missions.
(b) In conducting the study under subsection (a), the Secretary shall--
(1) evaluate the application of tiltrotor technology to Coast Guard
missions including--
(A) search and rescue at sea; and
(B) the enforcement of laws of the United States especially with respect
to drug interdiction;
(2) determine whether use of the technology in the Coast Guard marine
environmental protection program would minimize the damage caused by oil
or hazardous substances spills in the waters of the United States; and
(3) determine what effect the technology would have on Coast Guard manpower
and operating costs, compared to those costs associated with technology
currently used by the Coast Guard.

f14fc888db64b49b71e59056b7f1f199f889537ddec0400bd85fe0fae3d182d3

The Coast Guard and the Department of Commerce shall enter into a Memorandum
of Agreement regarding fisheries enforcement practices and procedures
that provide at a minimum for the opportunity, if timely requested, to
appear in person to respond to charges of violation of law or regulation
when the opportunity for a hearing is granted by statute. The Memorandum
of Agreement shall also provide that all enforcement procedures shall be
fair and consistently applied.

5fedf0c1ae5df20ef5dfd31557c390e9aad97275b9c6577a2eb41192da6b07c9

(a) Not later than 6 months after the date of enactment of this title,
the Secretary of Transportation shall determine the amounts that MZP,
Incorporated, owes to all subcontractors that performed work or supplied
materials under Coast Guard contract DTCG50-87-C-00096.
(b) Investigations or interviews conducted to determine amounts owed under
subsection (a) shall be conducted in Ketchikan, Alaska.
(c) Not later than two months after making the determinations under
subsection (a), the Secretary is authorized to pay the subcontractors the
amounts owed.

151e26e649ff93ff6af5e0215be9e38c7a650d74e22377e62f7ac585aa87959f

(a)(1) The Secretary of Transportation shall convey to the Nantucket
Historical Association in Nantucket, Massachusetts, by an appropriate means
of conveyance, all right, title, and interest of the United States in and
to property comprising the Sankaty Head Light Station.
(2) The Secretary may identify, describe, and determine the property to
be conveyed pursuant to this section.
(b)(1) A conveyance of property pursuant to this section shall be made--
(A) without the payment of consideration;
(B) subject to the condition that all or part of the property may be sold
and the money from the sale used for the purpose of moving the Sankaty
Head Lighthouse to a location at which the Lighthouse can be maintained
and preserved and for its maintenance and preservation in accordance with
paragraph (2); and
(C) subject to such other terms and conditions as the Secretary may
consider appropriate.
(2) In addition to any term or condition established pursuant to paragraph
(1), any conveyance of property pursuant to this section shall be subject
to the condition that all right, title, and interest in the Sankaty Head
Lighthouse shall immediately revert to the United States if the Lighthouse
ceases to be maintained as a nonprofit center for public benefit for the
interpretation and preservation of the material culture of the United
States Coast Guard and the maritime history of Nantucket, Massachusetts.
(3) Any conveyance of property pursuant to this section shall be subject to
such conditions as the Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal, and associated lighthouse 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 Nantucket Historical Association may not interfere or allow
interference in any manner with such aids to navigation without express
written permission from the United States;
(C) there is reserved to the United States the right to replace, or add
any aids to navigation, or make any changes to the Sankaty Head Lighthouse
as may be necessary for navigation purposes;
(D) the United States shall have the right, at any time, to enter the
property conveyed, or the property to which the Sankaty Head Lighthouse is
relocated, without notice for the purpose of maintaining navigation aids; and
(E) the United States shall have an easement of access to such property
for the purpose of maintaining the navigational aids in use on the property.
(4) The Nantucket Historical Association shall not have any obligation
to maintain any active aid to navigation equipment on property conveyed
pursuant to this section or on property to which the Sankaty Head Lighthouse
may be relocated.
(c) The Nantucket Historical Association shall maintain the Sankaty Head
Lighthouse in accordance with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws.
(d) For purposes of this section:
(1) `Sankaty Head Light Station' means the Coast Guard lighthouse located
on the eastern shore of Nantucket Island, Massachusetts, including the
keeper's dwelling, adjacent Coast Guard rights of way, and such land as
may be necessary to enable the Nantucket Historical Association to use
the proceeds from the sale of the land for the relocation, maintenance
and preservation of the Sankaty Head Lighthouse; and
(2) `Sankaty Head Lighthouse' means the Coast Guard lighthouse located at
the Sankaty Head Light Station.

4f10edca08509348f0877983e7070f27229ee99abec1e180201ee8cfdd7a083f

(a) Not later than 6 months after the date of enactment of this title, the
Secretary of Transportation shall submit a study to Congress on acquisition
of Coast Guard buoy chain.
(b) In conducting the study under subsection (a), the Secretary shall
consider--
(1) the ability of United States buoy chain manufacturers to successfully
compete for United States Government contracts to provide buoy chain to
the Coast Guard; and
(2) the effect on the national security of United States dependence on
foreign sources for acquisition of buoy chain.

5ebcddb39d57587794504581e3e615dae896b749af0c19f472c41007b69a4368

Section 4506 of title 46, United States Code, is amended by striking
`4502(b)(2)' and inserting `4502(b)(2)(B)'.

3ab569c3d545bda2a38b0f229bfa0b41a658a4f0fcb1ef6f2a7e0c988b4c29d9

KODIAK, ALASKA.
Notwithstanding any other law, the Coast Guard is authorized, pursuant
to the provisions of applicable acquisition regulations, to enter into a
negotiated contract with PTI, at a fair and reasonable price that reflects
a fair allocation of costs between Alaska ratepayers and the Coast Guard,
to provide Digitrex central-office-based business services to the Coast
Guard Support Center in Kodiak, Alaska, at Building 576. The Coast Guard
shall pay only for service and service enhancements received or to be
received by the United States at the Coast Guard Support Center, Kodiak,
Alaska. The termination liability of such contract shall be  negotiated,
but shall not exceed $842,047.
Subtitle C--Abandoned Barges

f3a0d6d29ec922d142e7599f5dc0742e3b99123c614d79e8542048754d6e4dba

This subtitle may be cited as the `Abandoned Barge Act of 1992'.

2a5dbff02d8802ca6ec328f4560355c857024a3a6bb2dd83dcb9cbeab1a2cc2d

Part B of subtitle II of title 46, United States Code, is amended by adding
at the end the following new chapter:
`CHAPTER 47--ABANDONMENT OF BARGES
`Sec.
`4701. Definitions.
`4702. Abandonment of barge prohibited.
`4703. Penalty for unlawful abandonment of barge.
`4704. Removal of abandoned barges.
`4705. Liability of barge removal contractors.
`Sec. 4701. Definitions
`In this chapter--
`(1) `abandon' means to moor, strand, wreck, sink, or leave a barge of
more than 100 gross tons unattended for longer than forty-five days.
`(2) `barge removal contractor' means a person that enters into a contract
with the United States to remove an abandoned barge under this chapter.
`(3) `navigable waters of the United States' means waters of the United
States, including the territorial sea.
`(4) `removal' or `remove' means relocation, sale, scrapping, or other
method of disposal.
`Sec. 4702. Abandonment of barge prohibited
`(a) An owner or operator of a barge may not abandon it on the navigable
waters of the United States. A barge is deemed not to be abandoned if--
`(1) it is located at a federally- or State-approved mooring area;
`(2) it is on private property with the permission of the owner of the
property; or
`(3) the owner or operator notifies the Secretary that the barge is not
abandoned and the location of the barge.'
`Sec. 4703. Penalty for unlawful abandonment of barge
`Thirty days after the notification procedures under section 4704(a)(1)
are completed, the Secretary may assess a civil penalty of not more than
$1,000 for each day of the violation against an owner or operator that
violates section 4702. A vessel with respect to which a penalty is assessed
under this chapter is liable in rem for the penalty.
`Sec. 4704. Removal of abandoned barges
`(a)(1) The Secretary may remove a barge that is abandoned after complying
with the following procedures:
`(A) If the identity of the owner or operator can be determined, the
Secretary shall notify the owner or operator by certified mail--
`(i) that if the barge is not removed it will be removed at the owner's
or operator's expense; and
`(ii) of the penalty under section 4703.
`(B) If the identity of the owner or operator cannot be determined, the
Secretary shall publish an announcement in--
`(i) a notice to mariners; and
`(ii) an official journal of the county in which the barge is located
that if the barge is not removed it will be removed at the owner's or
operator's expense.
`(2) The United States, and any officer or employee of the United States
is not liable to an owner or operator for damages resulting from removal
of an abandoned barge under this chapter.
`(b) The owner or operator of an abandoned barge is liable, and an abandoned
barge is liable in rem, for all expenses that the United States incurs in
removing an abandoned barge under this chapter.
`(c)(1) The Secretary may, after providing notice under subsection (a)(1),
solicit by public advertisement sealed bids for the removal of an abandoned
barge.
`(2) After solicitation under paragraph (1) the Secretary may award a
contract. The contract--
`(A) may be subject to the condition that the barge and all property on
the barge is the property of the barge removal contractor; and
`(B) must require the barge removal contractor to submit to the Secretary
a plan for the removal.
`(3) Removal of an abandoned barge may begin thirty days after the Secretary
completes the procedures under subsection (a)(1).
`Sec. 4705. Liability of barge removal contractors
`(a)(1) A barge removal contractor and its subcontractor not liable for
damages that result from actions taken or omitted to be taken in the course
of removing a barge under this chapter.
`(2) Paragraph (1) does not apply--
`(A) with respect to personal injury or wrongful death; or
`(B) if the contractor or subcontractor is grossly negligent or engages
in willful misconduct.'.

ba6a1a5c5e19346d74481725e5aa1a066bc813d68f62689f3de9af025a8d7fbf

Chapter 47 of title 46, United States Code, as added by subsection (a), does
not apply to a barge abandoned before June 11, 1992, if the barge was removed
before the date that is 1 year after the date of enactment of this title.

585f813220943f040a8ab5b556b0814d15133bd69dabbc3967badae682bacaa5

The analysis of subtitle II at the beginning of title 46, United States Code,
is amended by inserting after the item relating to chapter 45 the following:
4701'.

78c42ae87ea09e7971ad897be909b1c0d900e84acb9114d59fa127573b014a0f

Section 12301 of title 46, United States Code, is amended--
(1) by inserting `(a)' before `An undocumented vessel'; and
(2) by adding at the end the following:
`(b) The Secretary shall require an undocumented barge more than 100 gross
tons operating on the navigable waters of the United States to be numbered.'.
Subtitle D--Honoring the Coast Guard Women's Reserve

e26557e1a1657ee6d152cb63b408e2b81b9c893cdd8ce2d242ee1c73468efb01

The Congress finds the following:
(1) The Congress passed legislation 50 years ago establishing the Coast
Guard Women's Reserve.
(2) The Congress recognized both women's right to participate in the total
war effort and the military's pressing need for women during World War II.
(3) The Congress responded to women's commitment and dedication by creating
the Coast Guard Women's Reserve as a sister service to the WACS, and the
Women Marines.
(4) The first director of the Coast Guard Women's Reserve, Captain Dorothy
C. Stratton, named the Coast Guard Women's Reserve SPAR, an acronym derived
from the Latin and English translations of the Coast Guard motto, Semper
Paratus Always Ready.
(5) The first director recruited the best and brightest women from industry,
educational institutions, and homes.
(6) SPARS' high level of education and experience greatly reduced the need
for further training and SPARS only needed to be taught military structure
and Coast Guard missions and traditions.
(7) SPARS made history by being the first women trained at a service academy.
(8) SPARS performed admirably as executive officers, division heads,
officers of the day, watch officers, and courts martial members.
(9) SPARS served our Nation as boatswain mates, coxswains, gunners mates,
carpenters, and machinists mates.
(10) SPARS served with distinction in highly specialized jobs during the
Korean War and the Vietnam Conflict.
(11) A group of Coast Guard Women's Reserves remained on active duty during
the 1950's and 1960's, primarily at Coast Guard headquarters.
(12) In 1950, women were integrated into the Organized Reserve Training
Program.
(13) In every phase of Coast Guard history, women have served our Nation
with dedication, honor, and sacrifice.

2a11cb89d9f5ea45531c699548b922f98fe05904a7bdc19564793b3c10050952

November 17 through November 23, 1992, is designated as `SPAR Anniversary
Week'. The President is authorized and requested to issue a proclamation
calling on the people of the United States to observe the week with
appropriate programs, ceremonies, and activities.
Subtitle E--Merchant Marine Provisions

8c29ab420cdb1f454f8c954cfc83e919bb66d62dd76734de0af7a37e4cb52a4d

(a)(1) Section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292) is amended
to read as follows:
`SECTION 1. VESSELS THAT MAY ENGAGE IN DREDGING.
`(a) IN GENERAL- Except as provided in subsection (b), a vessel may engage
in dredging in the navigable waters of the United States only if--
`(1) the vessel meets the requirements of section 27 of the Merchant
Marine Act, 1920 and section 2 of the Shipping Act, 1916 for engaging in
the coastwise trade;
`(2) when chartered, the charterer of the vessel is a citizen of the
United States under section 2 of the Shipping Act, 1916 for engaging in
the coastwise trade; and
`(3) for a vessel that is at least 5 net tons, the vessel is documented under
chapter 121 of title 46, United States Code, with a coastwise endorsement.
`(b) EXCEPTION- A documented vessel with a registry endorsement may engage
in the dredging of gold in Alaska.
`(c) PENALTY- When a vessel is operated in knowing violation of this section,
that vessel and its equipment are liable to seizure by and forfeiture to
the United States Government.'.
(2) The amendment made by paragraph (1) does not apply to--
(A)(i) the vessel STUYVESANT, official number 648540;
(ii) any other hopper dredging vessel documented under chapter 121 of
title 46, United States Code before the effective date of this Act and
chartered to Stuyvesant Dredging Company or to an entity in which it has
an ownership interest; however, this exception expires on December 3, 2022
or when the vessel STUYVESANT ceases to be documented under chapter 121,
whichever first occurs; and
(iii) any other non-hopper dredging vessel documented under chapter 121
and chartered to Stuyvesant Dredging Company or to an entity in which
it has an ownership interest, as is necessary (a) to fulfill dredging
obligations under a specific contract, including any extension periods;
or (b) as temporary replacement capacity for a vessel which has become
disabled but only for so long as the disability shall last and until the
vessel is in a position to fully resume dredging operations; however,
this exception expires on December 8, 2022 or when the vessel STUYVESANT
ceases to be documented under chapter 121, whichever first occurs;
(B) the vessel COLUMBUS, official number 590658, except that the vessel's
certificate of documentation shall be endorsed to prohibit the vessel from
engaging in the transportation of merchandise (except valueless material),
including dredge material of value, between places within the navigable
waters of the United States;
(C) a vessel that is engaged in dredged material excavation if that
excavation is not more than a minority of the total cost of the construction
contract in which the excavation is a single, integral part, and the
vessel is--
(i) built in the United States;
(ii) a non-self-propelled mechanical clamshell dredging vessel; and
(iii) owned or chartered by a corporation that had on file with the Secretary
of Transportation, on August 1, 1989, the certificate specified in section
27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1); or
(D) any other documented vessel engaged in dredging and time chartered to
an entity that, on August 1, 1989, was, and has continuously remained, the
parent of a corporation that had on file with the Secretary of Transportation
on August 1, 1989, a certificate specified in section 27A of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883-1) if the vessel is--
(i) not engaged in a federally funded navigation dredging project; and
(ii) engaged only in dredging associated with, and integral to,
accomplishment of that parent's regular business requirements.
(b) Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is
amended by striking `merchandise' the first place it appears and inserting
`merchandise, including merchandise owned by the United States Government,
a State (as defined in section 2101 of the title 46, United States Code),
or a subdivision of a State,'.
(c) The Act of June 7, 1988 (Public Law 100-329; 102 Stat. 588), including
the amendments made by that Act, does not apply to a vessel--
(1) engaged in the transportation of valueless material or valueless
dredged material; and
(2) owned or chartered by a corporation that had on file with the Secretary
of Transportation on August 1, 1989, the certificate specified in section
27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1).

16522ecc52902e56a350a69894a7aa57fe1c9645742dbe2468b4f64bf97e2441

PROTECTIVE ACT OF 1967.
(a) Notwithstanding another law, each of the vessels described in subsection
(b) of this section is deemed to have been covered by an agreement, beginning
August 13, 1992, and ending September 29, 1992, with the Secretary of State
under section 7 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977).
(b) The vessels referred to in subsection (a) are the following:
(1) THE KANAOLA (United States official number 923848).
(2) THE MANA LOA (United States official number 919649).
(3) THE MANA OLA (United States official number 902605).
(4) THE MANA IKI (United States official number 906800).
Subtitle F--Clean Vessels

730cdaf20e073fc4c602f09128696615e1468ddd734cfa7217060d09997ec316

This subtitle may be cited as the `Clean Vessel Act of 1992'.

aafb5d5abfa068906e07f1a43391481f005e8ff6266c05e15b30a10649cd3613

(a) FINDINGS- The Congress finds the following:
(1) The discharge of untreated sewage by vessels is prohibited under
Federal law in all areas within the navigable waters of the United States.
(2) The discharge of treated sewage by vessels is prohibited under either
Federal or State law in many of the United States bodies of water where
recreational boaters operate.
(3) There is currently an inadequate number of pumpout stations for type
III marine sanitation devices where recreational vessels normally operate.
(4) Sewage discharged by recreational vessels because of an inadequate
number of pumpout stations is a substantial contributor to localized
degradation of water quality in the United States.
(b) PURPOSE- The purpose of this subtitle is to provide funds to States
for the construction, renovation, operation, and maintenance of pumpout
stations and waste reception facilities.

a8d454f3e41e109679819636c438310437e71df9ff6abe59f454404796c12e4e

PUMPOUT STATION NEEDS.
(a) SURVEY- Within 3 months after the notification under section 5605(b),
each coastal State shall conduct a survey to determine--
(1) the number and location of all operational pumpout stations and waste
reception facilities at public and private marinas, mooring areas, docks,
and other boating access facilities within the coastal zone of the State; and
(2) the number of recreational vessels in the coastal waters of the State
with type III marine sanitation devices or portable toilets, and the areas
of those coastal waters where those vessels congregate.
(b) PLAN- Within 6 months after the notification under section 5605(b),
and based on the survey conducted under subsection (a), each coastal
State shall--
(1) develop and submit to the Secretary of the Interior a plan for
any construction or renovation of pumpout stations and waste reception
facilities that are necessary to ensure that, based on the guidance issued
under section 5605(a), there are pumpout stations and waste reception
facilities in the State that are adequate and reasonably available to meet
the needs of recreational vessels using the coastal waters of the State; and
(2) submit to the Secretary of the Interior with that plan a list of
all stations and facilities in the coastal zone of the State which are
operational on the date of submittal.
(c) Plan Approval-
(1) IN GENERAL- Not later than 60 days after a plan is submitted by a
State under subsection (b), the Secretary of the Interior shall approve
or disapprove the plan, based on--
(A) the adequacy of the survey conducted by the State under subsection
(a); and
(B) the ability of the plan, based on the guidance issued under section
5605(a), to meet the construction and renovation needs of the recreational
vessels identified in the survey.
(2) NOTIFICATION OF STATE; MODIFICATION- The Secretary of the Interior shall
promptly notify the affected Governor of the approval or disapproval of a
plan. If a plan is disapproved, the Secretary of the Interior shall recommend
necessary modifications and return the plan to the affected Governor.
(3) RESUBMITTAL- Not later than 60 days after receiving a plan returned
by the Secretary of the Interior, the Governor shall make the appropriate
changes and resubmit the plan.
(d) Indication of Stations and Facilities on NOAA Charts-
(1) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere
shall indicate, on charts published by the National Oceanic and Atmospheric
Administration for the use of operators of recreational vessels, the
locations of pumpout stations and waste reception facilities.
(2) Notification of noaa-
(A) LISTS OF STATIONS AND FACILITIES- The Secretary of the Interior shall
transmit to the Under Secretary of Commerce for Oceans and Atmosphere each
list of operational stations and facilities submitted by a State under
subsection (b)(2), by not later than 30 days after the date of receipt of
that list.
(B) COMPLETION OF PROJECT- The Director of the United States Fish and
Wildlife Service shall notify the Under Secretary of the location of
each station or facility at which a construction or renovation project is
completed by a State with amounts made available under the Act of August 9,
1950 (16 U.S.C. 777a et seq.), as amended by this subtitle, by not later
than 30 days after the date of notification by a State of the completion
of the project.

cfb2b9d5442b584345ddf46a021260a0688cade4e976d67ac39e3f6487dd922f

(a) TRANSFER- Section 4 of the Act of August 9, 1950 (16 U.S.C. 777c),
is amended--
(1) by striking `So much, not to exceed 6 per centum,' and all that follows
through `shall apportion the remainder of the appropriation for each fiscal
year among the several States' and inserting the following:
`(a) The Secretary of the Interior shall distribute 18 per centum of each
annual appropriation made in accordance with the provisions of section
3 of this Act as provided in the Coastal Wetlands Planning, Protection,
and Restoration Act (title III, Public Law 101-646). Notwithstanding the
provisions of section 3 of this Act, such sums shall remain available to
carry out such Act through fiscal year 1999.
`(b) Of the balance of each such annual appropriation remaining after making
the distribution under subsection (a), an amount equal to $10,000,000 for
fiscal year 1993, $15,000,000 for each of fiscal years 1994 and 1995, and
$20,000,000 for each of fiscal years 1996, and 1997 shall be used as follows:
`(1)  1/2  shall be transferred to the Secretary of Transportation and
be expended for State recreational boating safety programs under section
13106(a)(1) of title 46, United States Code; and
`(2)  1/2  of amounts made available under this subsection  in a fiscal
year shall be available for two years for obligation under section 5604(c)
of the Clean Vessel Act of 1992. The Secretary of the Interior may make
grants for qualified projects in an amount up to the amount available under
this paragraph. Amounts unobligated by the Secretary of the Interior after
2 years shall be transferred  to the Secretary of Transportation and be
expended for State recreational boating safety programs under section
13106(a)(1) of title 46, United States Code.
In fiscal year 1998, an amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be transferred to the
Secretary of Transportation and be expended for State recreational boating
safety programs under section 13106(a)(1) of title 46, United States Code.
`(c) Of the balance of each such annual appropriation remaining after the
distribution and use under subsections (a) and (b), respectively, so much,
not to exceed 6 per centum of such balance, as the Secretary of the Interior
may estimate to be necessary for his or her expenses in the conduct of
necessary investigations, administration, and the execution of this Act and
for aiding in the formulation, adoption, or administration of any compact
between 2 or more States for the conservation and management of migratory
fishes in marine or freshwaters, shall be deducted for that purpose, and
such sum is authorized to be made available until the expiration of the
next succeeding fiscal year.
`(d) The Secretary of the Interior, after the distribution, transfer,
use, and deduction under subsections (a), (b), and (c), respectively,
shall apportion the remainder of each such annual appropriation among the
several States'; and
(2) by inserting `(e)' before `So much of any sum' and redesignating the
last 2 sentences of that section as subsection (e).
(b) ACCESS INCREASE- Section 8 of the Act of August 9, 1950 (16 U.S.C. 777g),
is amended--
(1) in subsection (b)(1) by:
(A) striking `10 per centum' and inserting `12 1/2  per centum'; and
(B) inserting after the first sentence the following: `Notwithstanding
this provision, States within a United States Fish and Wildlife Service
Administrative Region may allocate more or less than 12 1/2  per centum
in a fiscal year, provided that the total regional allocation averages 12
1/2  per centum over a 5 year period.';
(2) in subsection (b)(2) by:
(A) striking `fiscal year' after `succeeding' the first time it appears
and inserting `four fiscal years'; and
(B) striking `succeeding fiscal year' the second time it appears and
inserting `period';
(3) in subsection (c) by inserting `and outreach' in the first sentence
after `education'; and
(4) by adding at the end the following new subsection:
`(d) PUMPOUT STATIONS AND WASTE RECEPTION FACILITIES- Amounts apportioned
to States under section 4 of this Act may be used to pay not more than 75
percent of the costs of constructing, renovating, operating, or maintaining
pumpout stations and waste reception facilities (as those terms are defined
in the Clean Vessel Act of 1992).'.
(c) Grant Program-
(1) MATCHING GRANTS- The Secretary of the Interior may obligate an amount
not to exceed the amount made available under section 4(b)(2) of the Act
of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to make
grants to--
(A) coastal States to pay not more than 75 percent of the cost to a coastal
State of--
(i) conducting a survey under section 5603(a);
(ii) developing and submitting a plan and accompanying list under section
5603(b);
(iii) constructing and renovating pumpout stations and waste reception
facilities; and
(iv) conducting a program to educate recreational boaters about the problem
of human body waste discharges from vessels and inform them of the location
of pumpout stations and waste reception facilities.
(B) inland States, which can demonstrate to the Secretary of the Interior
that there are an inadequate number of pumpout stations and waste reception
facilities to meet the needs of recreational vessels in the waters of that
State, to pay 75 percent of the cost of that State of--
(i) constructing and renovating pumpout stations and waste reception
facilities in the inland State; and
(ii) conducting a program to educate recreational boaters about the problem
of human body waste discharges from vessels and inform them of the location
of pumpout stations and waste reception facilities.
(2) PRIORITY- In awarding grants under this subsection, the Secretary of
the Interior shall give priority consideration to grant applications that--
(A) in coastal States, propose constructing and renovating pumpout stations
and waste reception facilities in accordance with a coastal State's plan
approved under section 5603(c);
(B) provide for public/private partnership efforts to develop and operate
pumpout stations and waste receptions facilities; and
(C) propose innovative ways to increase the availability and use of pumpout
stations and waste reception facilities.
(d) DISCLAIMER- Nothing in this subtitle shall be interpreted to preclude
a State from carrying out the provisions of this subtitle with funds other
than those described in this section.

8f229b5b4347e2395d6027bc6bc7d94b37508c44c6aaa989c7b76e9821436fc4

(a) ISSUANCE OF GUIDANCE- Not later 3 months after the date of the enactment
of this subtitle, the Secretary of the Interior shall, after consulting
with the Administrator of the Environmental Protection Agency, the Under
Secretary of Commerce for Oceans and Atmosphere, and the Commandant of the
Coast Guard, issue for public comment pumpout station and waste reception
facility guidance. The Secretary of the Interior shall finalize the guidance
not later than 6 months after the date of enactment of this subtitle. The
guidance shall include--
(1) guidance regarding the types of pumpout stations and waste reception
facilities that may be appropriate for construction, renovation, operation,
or maintenance with amounts available under the Act of August 9, 1950
(16 U.S.C. 777a et seq.), as amended by this subtitle, and appropriate
location of the stations and facilities within a marina or boatyard;
(2) guidance defining what constitutes adequate and reasonably available
pumpout stations and waste reception facilities in boating areas;
(3) guidance on appropriate methods for disposal of vessel sewage from
pumpout stations and waste reception facilities;
(4) guidance on appropriate connector fittings to facilitate the sanitary
and expeditious discharge of sewage from vessels;
(5) guidance on the waters most likely to be affected by the discharge of
sewage from vessels; and
(6) other information that is considered necessary to promote the
establishment of pumpout facilities to reduce sewage discharges from
vessels and to protect United States waters.
(b) NOTIFICATION- Not later than 1 month after the guidance issued under
subsection (a) is finalized, the Secretary of the Interior shall provide
notification in writing to the fish and wildlife, water pollution control,
and coastal zone management authorities of each State, of--
(1) the availability of amounts under the Act of August 9, 1950 (16
U.S.C. 77a et seq.) to implement the Clean Vessel Act of 1992; and
(2) the guidance developed under subsection (a).

04fda2db533f04d1d07f13976669a27a6ae9c56fe229e465639f132ce594527d

This subtitle shall not be construed or applied to jeopardize any funds
available to a coastal State under the Act of August 9, 1950 (16 U.S.C. 777a
et seq.), if the coastal State is, in good faith, pursuing a survey and
plan designed to meet the purposes of this subtitle.

e78d1c04a5422745c759dfc00af504bb13cfb433cf4928c4a9ddfba1181a65f4

The requirements of section 5603 shall not apply to a coastal State if
within 6 months after the date of enactment of this subtitle the Secretary
of the Interior certifies that--
(1) the State has developed and is implementing a plan that will ensure that
there will be pumpout stations and waste reception facilities adequate to
meet the needs of recreational vessels in the coastal waters of the State; or
(2) existing pumpout stations and waste reception facilities in the coastal
waters of the State are adequate to meet those needs.

5d9ea4e4edadebae7352af77aa3951a133fae11c8fe6fc2a14fa6413c7e5d75c

For the purposes of this subtitle the term:
(1) `coastal State'--
(A) means a State of the United States in, or bordering on the Atlantic,
Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one
or more of the Great Lakes;
(B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, and American Samoa; and
(C) does not include a State for which the ratio of the number of
recreational vessels in the State numbered under chapter 123 of title
46, United States Code, to number of miles of shoreline (as that term
is defined in section 926.2(d) of title 15, Code of Federal Regulations,
as in effect on January 1, 1991), is less than one.
(2) `coastal waters' means--
(A) in the Great Lakes area, the waters within the territorial jurisdiction
of the United States consisting of the Great Lakes, their connecting waters,
harbors, roadsteads, and estuary-type areas such as bays, shallows, and
marshes; and
(B) in other areas, those waters, adjacent to the shorelines, which contain
a measurable percentage of sea water, including sounds, bays, lagoons,
bayous, ponds, and estuaries.
(3) `coastal zone' has the same meaning that term has in section 304(1)
of the Coastal Zone Management Act of 1972 in section (16 U.S.C. 1453(1));
(4) `inland State' means a State which is not a coastal State;
(5) `type III marine sanitation device' means any equipment for installation
on board a vessel which is specifically designed to receive, retain,
and discharge human body wastes;
(6) `pumpout station' means a facility that pumps or receives human body
wastes out of type III marine sanitation devices installed on board vessels;
(7) `recreational vessel' means a vessel--
(A) manufactured for operation, or operated, primarily for pleasure; or
(B) leased, rented, or chartered to another for the latter's pleasure; and
(8) `waste reception facility' means a facility specifically designed
to receive wastes from portable toilets carried on vessels, and does not
include lavatories.
Subtitle A--Waivers

97bd8def3ba9fdb69558a01012611c8c2ca4690a0045917c4d78742d1ed74bb3

Notwithstanding sections 12106, 12107, and 12108 of title 46, United States
Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
the Secretary of Transportation may issue a certificate of documentation
for the following vessels:
(1) A WEIGH OF LIFE (United States official number 973177).
(2) Barge MM 262 (United States official number 298924).
(3) BAY LADY (United States official number 944634).
(4) BLACK MAGIC (United States official number 617553).
(5) BLITHE SPIRIT (United States official number 584730).
(6) BLUEJACKET (United States official number 973459).
(7) BROWN BEAR (United States official number 980667).
(8) CAMINANTE (United States official number 953255).
(9) DELPHINUS II (United States official number 958902).
(10) EAGLE (United States official number 645820).
(11) EL BONGO (hull identification number C-200146; New York State
registration number 1104FE).
(12) FIFTY-FIFTY (United States official number 272866).
(13) FOUR B'S (United States official number 915062).
(14) HAZANA (State of Hawaii registration number HA9219D).
(15) HIGH CALIBRE (United States official number 587630).
(16) JUBILEE (United States official number 582812).
(17) LIQUID GOLD (United States official number 618121).
(18) MARIPOSA (United States official number 982102).
(19) MISS JOAN (State of Ohio registration number 3250 XK).
(20) NORTH ATLANTIC (United States official number 695377).
(21) POTOMAC QUEEN (District of Columbia registration number DC7239B).
(22) REDDY JANE (United States official number 928388).
(23) SEA HORSE (United States official number 516343).
(24) SHORELINE XV (United States official number 644839).
(25) SLALOM (Florida registration number FL1590HD).
(26) SOUTHERN YANKEE (United States official number 976653).
(27) THE DAY DREAM (United States official number 644805).
(28) TOUCH OF CLASS (State of Hawaii registration number HA8762E).
(29) WILD GOOSE (State of California registration number CF6431FW).

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TITLE VI

-DOCUMENTATION OF VESSELS

Notwithstanding sections 12106 and 12108 of title 46, United States Code,
and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
the Secretary of Transportation may issue a certificate of documentation
for the vessel U.S.M.V. DELIVERER (United States official number 661235)
with usage of the vessel under sections 12106 and 12108 of title 46,
United States Code, limited to oil spill cleanup and support activities.

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Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Secretary of Transportation may issue a certificate
of documentation for the vessel TESORO (official number 696047).

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Notwithstanding section 12106 of title 46, United States Code, and section
27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as applicable
on the date of the enactment of this Act, the Secretary of Transportation
may issue a certificate of documentation for the fish processing vessel
YUPIK STAR (United States official number 900823).

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(a) SALE AUTHORIZED- Notwithstanding any other law or any agreement
with the United States Government, the vessels described in subsection
(b) may be sold to a person that is not a citizen of the United States
and transferred to a foreign registry, if that sale is approved by the
Secretary of Transportation under section 9(c) of the Shipping Act, 1916
(46 App. U.S.C. 808(c)).
(b) VESSELS DESCRIBED- The vessels referred to in subsection (a) are
the following:
(1) OCEAN CHALLENGER (United States official number 569583).
(2) OCEAN RUNNER (United States official number 564344).
(3) OCEAN WIZARD (United States official number 574906).
Subtitle B--Maritime Amendments

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Oceans Act of 1992

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

TITLE VIII

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