[105th Congress Public Law 383] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ383.105] [[Page 112 STAT. 3411]] Public Law 105-383 105th Congress An Act To authorize appropriations for fiscal years 1998 and 1999 <<NOTE: Nov. 13, 1998 - [H.R. 2204]>> for the Coast Guard, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Coast Guard Authorization Act of 1998.>> assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Authorization Act of 1998''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AUTHORIZATION Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. LORAN-C. TITLE II--COAST GUARD MANAGEMENT Sec. 201. Severance pay. Sec. 202. Authority to implement and fund certain awards programs. Sec. 203. Use of appropriated funds for commercial vehicles at military funerals. Sec. 204. Authority to reimburse Novato, California, Reuse Commission. Sec. 205. Law enforcement authority for special agents of the Coast Guard Investigative Service. Sec. 206. Report on excess Coast Guard property. Sec. 207. Fees for navigation assistance service. Sec. 208. Aids to navigation report. TITLE III--MARINE SAFETY Sec. 301. Extension of territorial sea for certain laws. Sec. 302. Penalties for interfering with the safe operation of a vessel. Sec. 303. Great Lakes Pilotage Advisory Committee. Sec. 304. Alcohol testing. Sec. 305. Protect marine casualty investigations from mandatory release. Sec. 306. Safety management code report and policy. Sec. 307. Oil and hazardous substance definition and report. Sec. 308. National Marine Transportation System. Sec. 309. Availability and use of EPIRBS for recreational vessels. Sec. 310. Search and rescue helicopter coverage. Sec. 311. Petroleum transportation. Sec. 312. Seasonal Coast Guard helicopter air rescue capability. Sec. 313. Ship reporting systems. TITLE IV--MISCELLANEOUS Sec. 401. Vessel identification system amendments. Sec. 402. Conveyance of Coast Guard Reserve training facility, Jacksonville, Florida. Sec. 403. Documentation of certain vessels. Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts. [[Page 112 STAT. 3412]] Sec. 405. Unreasonable obstruction to navigation. Sec. 406. Financial responsibility for oil spill response vessels. Sec. 407. Conveyance of Coast Guard property to Jacksonville University in Jacksonville, Florida. Sec. 408. Penalty for violation of International Safety Convention. Sec. 409. Coast Guard City, USA. Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver Site, Massachusetts. Sec. 411. Clarification of liability of persons engaging in oil spill prevention and response activities. Sec. 412. Vessels not seagoing motor vessels. Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina. Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, Michigan. Sec. 415. Interim authority for dry bulk cargo residue disposal. Sec. 416. Conveyance of lighthouses. Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket. Sec. 418. Conveyance of decommissioned Coast Guard vessels. Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY. Sec. 420. Transfer of Ocracoke Light Station to Secretary of the Interior. Sec. 421. Vessel documentation clarification. Sec. 422. Dredge clarification. Sec. 423. Double hull alternative designs study. Sec. 424. Vessel sharing agreements. Sec. 425. Reports. Sec. 426. Report on tonnage calculation methodology. Sec. 427. Authority to convey National Defense Reserve Fleet Vessels. Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, JOHN HENRY. Sec. 429. Applicability of authority to release restrictions and encumbrances. Sec. 430. Barge APL-60. Sec. 431. Vessel financing flexibility. Sec. 432. Hydrographic functions. TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS Sec. 501. Findings. Sec. 502. Administrative waiver of coastwise trade laws. Sec. 503. Revocation. Sec. 504. Definitions. Sec. 505. Sunset. TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA Sec. 601. Short title. Sec. 602. Findings. Sec. 603. Assessments. Sec. 604. Northern Gulf of Mexico hypoxia. Sec. 605. Authorization of appropriations. Sec. 606. Protection of States' rights. TITLE I--AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for necessary expenses of the Coast Guard, as follows: (1) For the operation and maintenance of the Coast Guard-- (A) for fiscal year 1998, $2,715,400,000; and (B) for fiscal year 1999, $2,854,700,000; of which $25,000,000 shall be derived each fiscal year from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 and of which not less than $408,000,000 shall be available for expenses related to drug interdiction. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto-- [[Page 112 STAT. 3413]] (A) for fiscal year 1998, $399,850,000, of which $2,000,000 shall be made available for concept evaluation for a replacement vessel for the Coast Guard icebreaker MACKINAW; and (B) for fiscal year 1999, $510,300,000, of which $5,300,000 shall be made available to complete the conceptual design for a replacement vessel for the Coast Guard icebreaker MACKINAW, to remain available until expended, of which $20,000,000 shall be derived each fiscal year from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 and of which not less than $62,000,000 shall be available for expenses related to drug interdiction. (3) For research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness-- (A) for fiscal year 1998, $19,000,000; and (B) for fiscal year 1999, $18,300,000, to remain available until expended, of which $3,500,000 shall be derived each fiscal year from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code-- (A) for fiscal year 1998, $653,196,000; and (B) for fiscal year 1999, $691,493,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program-- (A) for fiscal year 1998, $17,000,000; and (B) for fiscal year 1999, $26,000,000, to remain available until expended. (6) For environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operations and maintenance), $26,000,000 for each of fiscal years 1998 and 1999, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of- year strength for active duty personnel of-- (1) 37,944 as of September 30, 1998; and (2) 38,038 as of September 30, 1999. (b) Military Training Student Loads.--The Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training-- (A) for fiscal year 1998, 1,424 student years; and (B) for fiscal year 1999, 1,424 student years. [[Page 112 STAT. 3414]] (2) For flight training-- (A) for fiscal year 1998, 98 student years; and (B) for fiscal year 1999, 98 student years. (3) For professional training in military and civilian institutions-- (A) for fiscal year 1998, 283 student years; and (B) for fiscal year 1999, 283 student years. (4) For officer acquisition-- (A) for fiscal year 1998, 814 student years; and (B) for fiscal year 1999, 810 student years. SEC. 103. LORAN-C. (a) Fiscal Year 1999.--There are authorized to be appropriated to the Department of Transportation, in addition to the funds authorized for the Coast Guard for operation of the LORAN-C System, for capital expenses related to LORAN-C navigation infrastructure, $10,000,000 for fiscal year 1999. The Secretary of Transportation may transfer from the Federal Aviation Administration and other agencies of the department funds appropriated as authorized under this section in order to reimburse the Coast Guard for related expenses. (b) Cost-Sharing <<NOTE: Deadline.>> Plan.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for cost-sharing arrangements among Federal agencies for such capital and operating expenses related to LORAN-C navigation infrastructure, including such expenses of the Coast Guard and the Federal Aviation Administration. TITLE II--COAST GUARD MANAGEMENT SEC. 201. SEVERANCE PAY. (a) Warrant Officers.--Section 286a(d) of title 14, United States Code, is amended by striking the last sentence. (b) Separated Officers.--Section 286a of title 14, United States Code, is amended by striking the period at the end of subsection (b) and inserting ``, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.''. (c) Exception.--Section 327 of title 14, United States Code, is amended by striking the period at the end of paragraph (b)(3) and inserting ``, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.''. SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS. Section 93 of title 14, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(w) provide for the honorary recognition of individuals and organizations that significantly contribute to Coast Guard [[Page 112 STAT. 3415]] programs, missions, or operations, including State and local governments and commercial and nonprofit organizations, and pay for, using any appropriations or funds available to the Coast Guard, plaques, medals, trophies, badges, and similar items to acknowledge such contribution (including reasonable expenses of ceremony and presentation).''. SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY FUNERALS. Section 93 of title 14, United States Code, as amended by section 202 of this Act, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (v); (2) by striking the period at the end of paragraph (w) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(x) rent or lease, under such terms and conditions as are considered by the Secretary to be advisable, commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery.''. SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION. The Commandant of the United States Coast Guard may use up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base. If the Department of Defense provides such economic adjustment assistance to the City of Novato on behalf of the Coast Guard, then the Coast Guard may use the amount authorized for use in the preceding sentence to reimburse the Department of Defense for the amount of economic adjustment assistance provided to the City of Novato by the Department of Defense. SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE COAST GUARD INVESTIGATIVE SERVICE. (a) Authority.--Section 95 of title 14, United States Code, is amended to read as follows: ``Sec. 95. Special agents of the Coast Guard Investigative Service law enforcement authority ``(a)(1) A special agent of the Coast Guard Investigative Service designated under subsection (b) has the following authority: ``(A) To carry firearms. ``(B) To execute and serve any warrant or other process issued under the authority of the United States. ``(C) To make arrests without warrant for-- ``(i) any offense against the United States committed in the agent's presence; or ``(ii) any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing the felony. ``(2) The authorities provided in paragraph (1) shall be exercised only in the enforcement of statutes for which the Coast Guard has law enforcement authority, or in exigent circumstances. [[Page 112 STAT. 3416]] ``(b) The Commandant may designate to have the authority provided under subsection (a) any special agent of the Coast Guard Investigative Service whose duties include conducting, supervising, or coordinating investigation of criminal activity in programs and operations of the United States Coast Guard. ``(c) The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Commandant and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary of Transportation or the Attorney General.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 14, United States Code, is amended by striking the item related to section 95 and inserting the following: ``95. Special agents of the Coast Guard Investigative Service law enforcement authority.''. SEC. 206. <<NOTE: Deadline.>> REPORT ON EXCESS COAST GUARD PROPERTY. Not later than 9 months after the date of the enactment of this Act, the Administrator of the General Services Administration and the Commandant of the Coast Guard shall submit to the Congress a report on the current procedures used to dispose of excess Coast Guard property and provide recommendations to improve such procedures. The recommendations shall take into consideration measures that would-- (1) improve the efficiency of such procedures; (2) improve notification of excess property decisions to and enhance the participation in the property disposal decisionmaking process of the States, local communities, and appropriate non-profit organizations; (3) facilitate the expeditious transfer of excess property for recreation, historic preservation, education, transportation, or other uses that benefit the general public; and (4) ensure that the interests of Federal taxpayers are protected. SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE. Section 2110 of title 46, United States Code, is amended by adding at the end the following: ``(k) The Secretary may not plan, implement or finalize any regulation that would promulgate any new maritime user fee which was not implemented and collected prior to January 1, 1998, including a fee or charge for any domestic icebreaking service or any other navigational assistance service. This subsection expires on September 30, 2001.''. SEC. 208. AIDS TO NAVIGATION REPORT. <<NOTE: 14 USC 81 note.>> Not later than 18 months <<NOTE: Deadline.>> after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report on the use of the Coast Guard's aids to navigation system. The report shall include an analysis of the respective use of the aids to navigation system by commercial interests, members of the general public for personal recreation, Federal and State government for public safety, defense, and other similar purposes. To the extent practicable within the time allowed, the report shall include information regarding degree of use of the various portions of the system. [[Page 112 STAT. 3417]] TITLE III--MARINE SAFETY SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS. (a) Ports and Waterways Safety Act.--Section 102 of the Ports and Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end the following: ``(5) `Navigable waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.''. (b) Subtitle II of title 46.-- (1) Section 2101 of title 46, United States Code, is amended-- (A) by redesignating paragraph (17a) as paragraph (17b); and (B) by inserting after paragraph (17) the following: ``(17a) `navigable waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.''. (2) Section 2301 of that title is amended by inserting ``(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)'' after ``of the United States''. (3) Section 4102(e) of that title is amended by striking ``operating on the high seas'' and inserting ``owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured''. (4) Section 4301(a) of that title is amended by inserting ``(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)'' after ``of the United States''. (5) Section 4502(a)(7) of that title is amended by striking ``on the high seas'' and inserting ``beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States''. (6) Section 4506(b) of that title is amended by striking paragraph (2) and inserting the following: ``(2) is operating-- ``(A) in internal waters of the United States; or ``(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.''. (7) Section 8502(a)(3) of that title is amended by striking ``not on the high seas'' and inserting: ``not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured''. (8) Section 8503(a)(2) of that title is amended by striking paragraph (2) and inserting the following: ``(2) operating-- ``(A) in internal waters of the United States; or ``(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.''. SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION OF A VESSEL. (a) In General.--Section 2302 of title 46, United States Code, is amended-- (1) by amending the section heading to read as follows: [[Page 112 STAT. 3418]] ``Sec. 2302. Penalties for negligent operations and interfering with safe operation''; and (2) in subsection (a) by striking ``that endangers'' and inserting ``or interfering with the safe operation of a vessel, so as to endanger''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 23 of title 46, United States Code, is amended by striking the item relating to section 2302 and inserting the following: ``2302. Penalties for negligent operations and interfering with safe operation.''. SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. Section 9307 of title 46, United States Code, is amended to read as follows: ``Sec. 9307. Great Lakes Pilotage Advisory Committee ``(a) <<NOTE: Establishment.>> The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee-- ``(1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate; ``(2) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage; ``(3) may make available to the Congress recommendations that the Committee makes to the Secretary; and ``(4) shall meet at the call of-- ``(A) the Secretary, who shall call such a meeting at least once during each calendar year; or ``(B) a majority of the Committee. ``(b)(1) The Committee shall consist of seven members appointed by the Secretary in accordance with this subsection, each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. ``(2) The membership of the Committee shall include-- ``(A) three members who are practicing Great Lakes pilots and who reflect a regional balance; ``(B) one member representing the interests of vessel operators that contract for Great Lakes pilotage services; ``(C) one member representing the interests of Great Lakes ports; ``(D) one member representing the interests of shippers whose cargoes are transported through Great Lakes ports; and ``(E) one member representing the interests of the general public, who is an independent expert on the Great Lakes maritime industry. ``(c)(1) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. [[Page 112 STAT. 3419]] ``(2) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. The representatives shall, as appropriate, report to and advise the Committee on matters relating to Great Lakes pilotage. The Secretary's designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). ``(d)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to Great Lakes pilotage. ``(2) The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage. ``(e)(1) A member of the Committee, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive-- ``(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS-18 of the General Schedule under section 5332 of title 5 including travel time; and ``(B) travel or transportation expenses under section 5703 of title 5, United States Code. ``(2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection. ``(f )(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies to the Committee, except that the Committee terminates on September 30, 2003. ``(2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.''. SEC. 304. ALCOHOL TESTING. (a) Adminstrative Procedure.--Section 7702 of title 46, United States Code, is amended by striking the second sentence of subsection (c)(2) and inserting the following: ``The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.''. (b) Increase in Civil Penalty.--Section 2115 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``$5,000''. (c) Increase in Negligence Penalty.--Section 2302(c)(1) of title 46, United States Code, is amended by striking ``$1,000 for a first violation and not more than $5,000 for a subsequent violation; or'' and inserting ``$5,000; or''. (d) Post Serious Marine Casualty Testing.-- (1) Chapter 23 of title 46, United States Code, is amended by inserting after section 2303 the following: ``Sec. 2303a. Post serious marine casualty alcohol testing ``(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other persons responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such [[Page 112 STAT. 3420]] casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty. ``(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.''. (2) The table of sections at the beginning of chapter 23 of title 46, United States Code, is amended by inserting after the item related to section 2303 the following: ``2303a. Post serious marine casualty alcohol testing.''. SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY RELEASE. Section 6305(b) of title 46, United States Code, is amended by striking all after ``public'' and inserting a period and ``This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.''. SEC. 306. <<NOTE: 46 USC 3201 note.>> SAFETY MANAGEMENT CODE REPORT AND POLICY. (a) Report on Implementation and Enforcement of the International Safety Management Code.-- (1) The Secretary of Transportation (in this section referred to as the ``Secretary'') shall conduct a study-- (A) reporting on the status of implementation of the International Safety Management Code (hereafter referred to in this section as `Code'); (B) detailing enforcement actions involving the Code, including the role documents and reports produced pursuant to the Code play in such enforcement actions; (C) evaluating the effects the Code has had on marine safety and environmental protection, and identifying actions to further promote marine safety and environmental protection through the Code; (D) identifying actions to achieve full compliance with and effective implementation of the Code; and (E) evaluating the effectiveness of internal reporting and auditing under the Code, and recommending actions to ensure the accuracy and candidness of such reporting and auditing. These recommended actions may include proposed limits on the use in legal proceedings of documents produced pursuant to the Code. (2) The Secretary shall provide opportunity for the public to participate in and comment on the study conducted under paragraph (1). (3) Not later than 18 months <<NOTE: Deadline.>> after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1). (b) Policy.-- (1) Not later than 9 months <<NOTE: Deadline.>> after submission of the report in subsection (a)(3), the Secretary shall develop a policy to [[Page 112 STAT. 3421]] achieve full compliance with and effective implementation of the Code. The policy may include-- (A) enforcement penalty reductions and waivers, limits on the use in legal proceedings of documents produced pursuant to the Code, or other incentives to ensure accurate and candid reporting and auditing; (B) any other measures to achieve full compliance with and effective implementation of the Code; and (C) if appropriate, recommendations to Congress for any legislation necessary to implement one or more elements of the policy. (2) The Secretary shall provide opportunity for the public to participate in the development of the policy in paragraph (1). (3) Upon completion <<NOTE: Federal Register, publication.>> of the policy in paragraph (1), the Secretary shall publish the policy in the Federal Register and provide opportunity for public comment on the policy. SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION AND REPORT. (a) Definition of Oil.--Section 1001(23) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(23)) is amended to read as follows: ``(23) `oil' means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;''. (b) <<NOTE: Deadline.>> Report.--Not later than 6 months after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Congress on the status of the joint evaluation by the Coast Guard and the Environmental Protection Agency of the substances to be classified as oils under the Federal Water Pollution Control Act and title I of the Oil Pollution Act of 1990, including opportunities provided for public comment on the evaluation. SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM. (a) In General.--The Secretary of Transportation, through the Coast Guard and the Maritime Administration, shall, in consultation with the National Ocean Service of the National Oceanic and Atmospheric Administration, the Corps of Engineers, and other interested Federal agencies and departments, establish a task force to assess the adequacy of the nation's marine transportation system (including ports, waterways, harbor approach channels, and their intermodal connections) to operate in a safe, efficient, secure, and environmentally sound manner. (b) Task Force.-- (1) The task force shall be chaired by the Secretary of Transportation or his designee and may be comprised of the representatives of interested Federal agencies and departments and such other nonfederal entities as the Secretary deems appropriate. (2) The provisions of the Federal Advisory Committee Act shall not apply to the task force. (c) Assessment.-- [[Page 112 STAT. 3422]] (1) In carrying out the assessment under this section, the task force shall examine critical issues and develop strategies, recommendations, and a plan for action. Pursuant to such examination and development, the task force shall-- (A) take into account the capability of the marine transportation system, the adequacy of depth of approach channels and harbors, and the cost to the Federal Government to accommodate projected increases in foreign and domestic traffic over the next 20 years; (B) consult with senior public and private sector officials, including the users of that system, such as ports, commercial carriers, shippers, labor, recreational boaters, fishermen, and environmental organizations; (C) sponsor public and private sector activities to further refine and implement (under existing authority) the strategies, recommendations, and plan for action; (D) evaluate the capability to dispose of dredged materials that will be produced to accommodate projected increases referred to in subparagraph (A); and (E) evaluate the future of the navigational aid system including the use of virtual aids to navigation on electronic charts. (2) <<NOTE: Reports.>> The Secretary shall report to Congress on the results of the assessment no later than July 1, 1999. The report shall reflect the views of both the public and private sectors. The Task Force shall cease to exist upon submission of the report in this paragraph. SEC. 309. <<NOTE: 46 USC 4302 note.>> AVAILABILITY AND USE OF EPIRBS FOR RECREATIONAL VESSELS. The Secretary <<NOTE: Deadline. Reports.>> of Transportation, through the Coast Guard and in consultation with the National Transportation Safety Board and recreational boating organizations, shall, within 24 months of the date of the enactment of this Act, assess and report to Congress on the use of emergency position indicating beacons (EPIRBs) and similar devices by operators of recreational vessels on the Intracoastal Waterway and operators of recreational vessels beyond the Boundary Line. The assessment shall at a minimum-- (1) evaluate the current availability and use of EPIRBs and similar devices by the operators of recreational vessels and the actual and potential contribution of such devices to recreational boating safety; and (2) provide recommendations on policies and programs to encourage the availability and use of EPIRBS and similar devices by the operators of recreational vessels. SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE. Not later than 9 months <<NOTE: Deadline. Reports.>> after the date of the enactment of this Act, the Commandant shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- (1) identifying waters out to 50 miles from the territorial sea of Maine and other States that cannot currently be served by a Coast Guard search and rescue helicopter within 2 hours of a report of distress or request for assistance from such waters; [[Page 112 STAT. 3423]] (2) providing options for ensuring that all waters of the area referred to in paragraph (1) can be served by a Coast Guard search and rescue helicopter within 2 hours of a report of distress or request for assistance from such waters; (3) providing an analysis assessing the overall capability of Coast Guard search and rescue assets to serve each area referred to in paragraph (1) within 2 hours of a report of distress or request for assistance from such waters; and (4) identifying, among any other options the Commandant may provide as required by paragraph (2), locations in the State of Maine that may be suitable for the stationing of a Coast Guard search and rescue helicopter and crew, including any Coast Guard facility in Maine, the Bangor Air National Guard Base, and any other locations. SEC. 311. PETROLEUM TRANSPORTATION. (a) Definitions.--In this section: (1) First coast guard district.--The term ``First Coast Guard District'' means the First Coast Guard District described in section 3.05-1(b) of title 33, Code of Federal Regulations. (2) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. (3) Waters of the northeast.--The term ``waters of the Northeast''-- (A) means the waters subject to the jurisdiction of the First Coast Guard District; and (B) includes the waters of Long Island Sound. (b) Regulations Relating to Waters of the Northeast.-- (1) Towing vessel and barge safety for waters of the northeast.-- (A) <<NOTE: Deadline.>> In general.--Not later than December 31, 1998, the Secretary shall promulgate regulations for towing vessel and barge safety for the waters of the Northeast. (B) Incorporation of recommendations.-- (i) In general.--Except as provided in clause (ii), the regulations promulgated under this paragraph shall give full consideration to each of the recommendations for regulations contained in the report entitled ``Regional Risk Assessment of Petroleum Transportation in the Waters of the Northeast United States'' issued by the Regional Risk Assessment Team for the First Coast Guard District on February 6, 1997, and the Secretary shall provide a detailed explanation if any recommendation is not adopted. (ii) Excluded recommendations.--The regulations promulgated under this paragraph shall not incorporate any recommendation referred to in clause (i) that relates to anchoring or barge retrieval systems. (2) Anchoring and barge retrieval systems.-- (A) <<NOTE: Deadline.>> In general.--Not later than November 30, 1998, the Secretary shall promulgate regulations under section 3719 of title 46, United States Code, for the waters of the Northeast, that shall give full consideration to each of the recommendations made in the report referred to in paragraph (1)(B)(i) relating to anchoring and barge retrieval systems, and the Secretary shall provide a detailed explanation if any recommendation is not adopted. [[Page 112 STAT. 3424]] (B) Rule of construction.--Nothing in subparagraph (A) prevents the Secretary from promulgating interim final regulations that apply throughout the United States relating to anchoring and barge retrieval systems that contain requirements that are as stringent as the requirements of the regulations promulgated under subparagraph (A). SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RESCUE CAPABILITY. The Secretary of Transportation is authorized to take appropriate actions to ensure the establishment and operation by the Coast Guard of a helicopter air rescue capability that-- (1) is located at Gabreski Airport, Westhampton, New York; and (2) provides air rescue capability from that location from April 15 to October 15 each year. SEC. 313. SHIP REPORTING SYSTEMS. Section 11 of the Ports and Waterways Safety Act (Public Law 92-340; 33 U.S.C. 1230), is amended by adding at the end of the following: ``(d) Ship Reporting Systems.--The Secretary, in cooperation with the International Maritime Organization, is authorized to implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg. 17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then west to 42 deg. 04' N., 70 deg. 10' W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37' W) and in the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6' W with the southern and northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N., respectively).''. TITLE IV--MISCELLANEOUS SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS. (a) In General.--Chapter 121 of title 46, United States Code, is amended-- (1) by striking ``or is not titled in a State'' in section 12102(a); and (2) by adding at the end the following: ``Sec. 12124. Surrender of title and number ``(a) A documented vessel shall not be titled by a State or required to display numbers under chapter 123, and any certificate of title issued by a State for a documented vessel shall be surrendered in accordance with regulations prescribed by the Secretary of Transportation. [[Page 112 STAT. 3425]] ``(b) The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under section 31322(d) of this title only if the mortgagee consents.''. (b) Conforming Amendment.--The chapter analysis for chapter 121 of title 46, United States Code, is amended by adding at the end the following: ``12124. Surrender of title and number.''. (c) Other Amendments.--Title 46, United States Code, is amended-- (1) by striking section 31322(b) and inserting the following: ``(b) Any indebtedness secured by a preferred mortgage that is filed or recorded under this chapter, or that is subject to a mortgage, security agreement, or instruments granting a security interest that is deemed to be a preferred mortgage under subsection (d) of this section, may have any rate of interest to which the parties agree.''; (2) by striking ``mortgage or instrument'' each place it appears in section 31322(d)(1) and inserting ``mortgage, security agreement, or instrument''; (3) by striking section 31322(d)(3) and inserting the following: ``(3) A preferred mortgage under this subsection continues to be a preferred mortgage even if the vessel is no longer titled in the State where the mortgage, security agreement, or instrument granting a security interest became a preferred mortgage under this subsection.''; (4) by striking ``mortgages or instruments'' in subsection 31322(d)(2) and inserting ``mortgages, security agreements, or instruments''; (5) by inserting ``a vessel titled in a State,'' in section 31325(b)(1) after ``a vessel to be documented under chapter 121 of this title,''; (6) by inserting ``a vessel titled in a State,'' in section 31325(b)(3) after ``a vessel for which an application for documentation is filed under chapter 121 of this title,''; and (7) by inserting ``a vessel titled in a State,'' in section 31325(c) after ``a vessel to be documented under chapter 121 of this title,''. SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY, JACKSONVILLE, FLORIDA. (a) In General.--Notwithstanding any other provision of law-- (1) the land and improvements thereto comprising the Coast Guard Reserve training facility in Jacksonville, Florida, is deemed to be surplus property; and (2) the Commandant of the Coast Guard shall dispose of all right, title, and interest of the United States in and to that property, by sale, at fair market value. (b) Right of First Refusal.--Before a sale is made under subsection (a) to any other person, the Commandant of the Coast Guard shall give to the city of Jacksonville, Florida, the right of first refusal to purchase all or any part of the property required to be sold under that subsection. [[Page 112 STAT. 3426]] SEC. 403. DOCUMENTATION OF CERTAIN VESSELS. (a) General Waiver.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and sections 12106 and 12108 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for each of the following vessels: (1) SEAGULL (United States official number 1038605). (2) BAREFOOT CONTESA (United States official number 285410). (3) PRECIOUS METAL (United States official number 596316). (4) BLUE HAWAII (State of Florida registration number FL0466KC). (5) SOUTHERN STAR (United States official number 650774). (6) KEEWAYDIN (United States official number 662066). (7) W.G. JACKSON (United States official number 1047199). (8) The vessel known as hopper barge E-15 (North Carolina State official number 264959). (9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian registration number 318746). (10) MAR Y PAZ (United States official number 668179). (11) SAMAKEE (State of New York registration number NY 4108 FK). (12) NAWNSENSE (United States official number 977593). (13) ELMO (State of Florida registration number FL5337BG). (14) MANA-WANUI (United States official number 286657). (15) OLD JOE (formerly TEMPTRESS; United States official number 991150). (16) M/V BAHAMA PRIDE (United States official number 588647). (17) WINDWISP (United States official number 571621). (18) SOUTHLAND (United States official number 639705). (19) FJORDING (United States official number 594363). (20) M/V SAND ISLAND (United States official number 542918). (21) PACIFIC MONARCH (United States official number 557467). (22) FLAME (United States official number 279363). (23) DULARGE (United States official number 653762). (24) DUSKEN IV (United States official number 952645). (25) SUMMER BREEZE (United States official number 552808). (26) ARCELLA (United States official number 1025983). (27) BILLIE-B-II (United States official number 982069). (28) VESTERHAVET (United States official number 979206). (29) BETTY JANE (State of Virginia registration number VA 7271 P). (30) VORTICE, Bari, Italy, registration number 256. (31) The barge G. L. 8 (Canadian official number 814376). (32) YESTERDAYS DREAM (United States official number 680266). [[Page 112 STAT. 3427]] (33) ENFORCER (United States official number 502610). (34) The vessel registered as State of Oregon registration number OR 766 YE. (35) AMICI (United States official number 658055). (36) ELIS (United States official number 628358). (37) STURE (United States official number 617703). (38) CAPT GRADY (United States official number 626257). (39) Barge number 1 (United States official number 933248). (40) Barge number 2 (United States official number 256944). (41) Barge number 14 (United States official number 501212). (42) Barge number 18 (United States official number 297114). (43) Barge number 19 (United States official number 503740). (44) Barge number 21 (United States official number 650581). (45) Barge number 22 (United States official number 650582). (46) Barge number 23 (United States official number 650583). (47) Barge number 24 (United States official number 664023). (48) Barge number 25 (United States official number 664024). (49) Barge number 26 (United States official number 271926). (50) FULL HOUSE (United States official number 1023827). (51) EMBARCADERO (United States official number 669327). (52) S.A., British Columbia (Canada official number 195214). (53) FAR HORIZONS (United States official number 1044011). (54) LITTLE TOOT (United States official number 938858). (55) EAGLE FEATHERS (United States official number 1020989). (56) ORCA (United States official number 665270). (57) TAURUS (United States official number 955814). (58) The barge KC-251 (United States official number CG019166; National Vessel Documentation Center number 1055559). (59) VIKING (United States official number 224430). (60) SARAH B (United States official number 928431). (b) FALLS POINT.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel FALLS POINT, State of Maine registration number ME 5435 E. (c) COASTAL TRADER.--Section 1120(g) of the Coast Guard Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3978) [[Page 112 STAT. 3428]] is amended by inserting ``COASTAL TRADER (United States official number 683227),'' after ``vessels''. (d) NINA, PINTA, and SANTA MARIA Replicas.-- (1) In general.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 46, United States Code, the Secretary may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade only for the purpose of carrying passengers for hire for each of the vessels listed in paragraph (2). (2) Vessel descriptions.--The vessels referred to in paragraph (1) are the following: (A) NINA (United States Coast Guard vessel identification number CG034346). (B) PINTA (United States Coast Guard vessel identification number CG034345). (C) NAO SANTA MARIA (United States Coast Guard vessel identification number CG034344). (e) Documentation of Vessel COLUMBUS.-- (1) In general.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), sections 12102 and 12106 of title 46, United States Code, and the endorsement limitation in section 5501(a)(2)(B) of Public Law 102-587, and subject to paragraph (2), the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel COLUMBUS (United States official number 590658). (2) Limitation.--Coastwise trade referred to in paragraph (1) may not include the transportation of dredged material from a project in which the stated intent of the Corps of Engineers, in its Construction Solicitation, or of another contracting entity, is that the dredged material is-- (A) to be deposited above mean high tide for the purpose of beach nourishment; (B) to be deposited into a fill area for the purpose of creation of land for an immediate use identified in the Construction Solicitation other than disposal of the dredged material; or (C) for the intention of immediate sale or resale unrelated to disposal. (f ) FOILCAT.-- (1) In general.--Notwithstanding sections 12106 and 12108 of title 46, United States Code, section 8 of the Passenger Vessel Act (46 U.S.C. App. 289), and section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel FOILCAT (United States official number 1063892). The endorsement shall provide that the vessel shall operate under the certificate of documentation only within the State of Hawaii and that the vessel shall not operate on any route served by a passenger ferry as of the date the Secretary of Transportation issues a certificate of documentation under this Act. [[Page 112 STAT. 3429]] (2) Termination.--The endorsement issued under paragraph (1) shall be in effect for the vessel FOILCAT for the period-- (A) beginning on the date on which the vessel is placed in service to initiate a high-speed marine ferry demonstration project sponsored by the State of Hawaii; and (B) ending on the last day of the 36th month beginning after the date on which it became effective under subparagraph (A). SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS. (a) In General.--The Commandant of the Coast Guard, may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the United States Coast Guard Recreation Facility Nahant, Massachusetts, to the Town of Nahant (the ``Town'') unless the Commandant, or his delegate, in his sole discretion determines that the conveyance would not provide a public benefit. (b) Identification of Property.--The Commandant may identify, describe, and determine the property to be conveyed under this section. (c) Terms of Conveyance.--The conveyance of property under this section shall be made-- (1) without payment of consideration; and (2) subject to such terms and conditions as the Commandant may consider appropriate to protect the interests of the United States, including the reservation of easements or other rights on behalf of the United States. (d) Reversionary Interest.--The conveyance of real property pursuant to this section shall be subject to the condition that all right, title, and interest in such property shall immediately revert to the United States if-- (1) the property, or any part thereof, ceases to be owned and used by the Town; (2) the Town fails to maintain the property conveyed in a manner consistent with the terms and conditions in subsection (c); or (3) at least 30 days before such reversion, the Commandant provides written notice to the Town that the property conveyed is needed for national security purposes. SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION. Notwithstanding any other provision of law, the liftbridge over the back channel of the Schuylkill River in Philadelphia, Pennsylvania, is deemed to unreasonably obstruct navigation. SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE VESSELS. Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is amended-- (1) in subsection (a)(1), by striking ``(except'' and all that follows through ``Act)'' and inserting a comma; and (2) by adding at the end of subsection (c) the following: ``(4) Certain tank vessels.--Subsection (a)(1) shall not apply to-- ``(A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms [[Page 112 STAT. 3430]] are used in section 2 of the Edible Oil Regulatory Reform Act; and ``(B) a tank vessel that is designated in its certificate of inspection as an oil spill response vessel (as that term is defined in section 2101 of title 46, United States Code) and that is used solely for removal.''. SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE UNIVERSITY IN JACKSONVILLE, FLORIDA. (a) Authority To Convey.-- (1) In general.--The Secretary of Transportation may convey to Jacksonville University, located in Jacksonville, Florida, without consideration, all right, title, and interest of the United States in and to the property comprising the Long Branch Rear Range Light, Jacksonville, Florida. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed under this section. (b) Terms and Conditions.--Any conveyance of any property under this section shall be made-- (1) subject to the terms and conditions the Commandant may consider appropriate; and (2) subject to the condition that all right, title, and interest in and to property conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by Jacksonville University. SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION. (a) In General.--Section 2302 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) A vessel may not transport Government-impelled cargoes if-- ``(A) the vessel has been detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel; or ``(B) the operator of the vessel has on more than one occasion had a vessel detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel. ``(2) The prohibition in paragraph (1) expires for a vessel on the earlier of-- ``(A) 1 year after the date of the publication in electronic form on which the prohibition is based; or ``(B) any date on which the owner or operator of the vessel prevails in an appeal of the violation of the relevant international convention on which the detention is based. ``(3) As used in this subsection, the term `Government-impelled cargo' means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, [[Page 112 STAT. 3431]] loan, or loan guarantee, resulting in shipment of the cargo by water.''. (b) <<NOTE: 46 USC 2302 note.>> Effective Date.--The amendment made by subsection (a) takes effect January 1, 1999. SEC. 409. <<NOTE: 14 USC 639 note.>> COAST GUARD CITY, USA. The Commandant of the Coast Guard may recognize the community of Grand Haven, Michigan, as ``Coast Guard City, USA''. If the Commandant desires to recognize any other community in the same manner or any other community requests such recognition from the Coast Guard, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 90 days prior to approving such recognition. SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD RECEIVER SITE, MASSACHUSETTS. (a) Authority to Convey.-- (1) In general.--The Commandant of the Coast Guard may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the Coast Guard Communication Station Boston Marshfield Receiver Site, Massachusetts, to the Town of Marshfield, Massachusetts (the ``Town'') unless the Commandant, or his delegate, in his sole discretion determines that the conveyance would not provide a public benefit. (2) Limitation.--The Commandant shall not convey under this section the land on which is situated the communications tower and the microwave building facility of that station. (3) Identification of property.-- (A) The Commandant may identify, describe and determine the property to be conveyed to the Town under this section. (B) The Commandant shall determine the exact acreage and legal description of the property to be conveyed under this section by a survey satisfactory to the Commandant. The cost of the survey shall be borne by the Town. (b) Terms and Conditions.--Any conveyance of property under this section shall be made-- (1) without payment of consideration; and (2) subject to the following terms and conditions: (A) The Commandant may reserve utility, access, and any other appropriate easements on the property conveyed for the purpose of operating, maintaining, and protecting the communications tower and the microwave building facility. (B) The Town and its successors and assigns shall, at their own cost and expense, maintain the property conveyed under this section in a proper, substantial, and workmanlike manner as necessary to ensure the operation, maintenance, and protection of the communications tower and the microwave building facility. (C) Any other terms and conditions the Commandant considers appropriate to protect the interests of the United States, including the reservation of easements or other rights on behalf of the United States. [[Page 112 STAT. 3432]] (c) Reversionary Interest.--The conveyance of real property pursuant to this section shall be subject to the condition that all right, title, and interest in such property shall immediately revert to the United States if-- (1) the property, or any part thereof, ceases to be owned and used by the Town; (2) the Town fails to maintain the property conveyed in a manner consistent with the terms and conditions in subsection (b); or (3) <<NOTE: Notice.>> at least 30 days before such reversion, the Commandant provides written notice to the Town that the property conveyed is needed for national security purposes. SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN OIL SPILL PREVENTION AND RESPONSE ACTIVITIES. (a) Clarification of Liability for Preventing Substantial Threat of Discharge.--Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended-- (1) in subsection (a)(8) by striking ``to minimize or mitigate damage'' and inserting ``to prevent, minimize, or mitigate damage''; (2) by striking ``and'' after the semicolon at the end of subsection (a)(23), by striking the period at the end of subsection (a)(24) and inserting ``; and'', and by adding at the end of subsection (a) the following: ``(25) `removal costs' means-- ``(A) the costs of removal of oil or a hazardous substance that are incurred after it is discharged; and ``(B) in any case in which there is a substantial threat of a discharge of oil or a hazardous substance, the costs to prevent, minimize, or mitigate that threat.''; and (3) in subsection (c)(4)(A), by striking the period at the end and inserting the following: ``relating to a discharge or a substantial threat of a discharge of oil or a hazardous substance.''. (b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended-- (1) by striking ``and (C)'' and inserting ``, (C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section''. SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS. (a) Vessel TURMOIL.-- (1) In general.--The vessel described in paragraph (2) is deemed for all purposes, including title 46, United States Code, and all regulations thereunder, to be a recreational vessel of less than 300 gross tons, if-- (A) it does not carry cargo or passengers for hire; and (B) it does not engage in commercial fisheries or oceanographic research. (2) Vessel described.--The vessel referred to in paragraph (1) is the vessel TURMOIL (British official number 726767). (b) <<NOTE: 46 USC 3301 note.>> Pilot Program.-- [[Page 112 STAT. 3433]] (1) In general.--The Secretary may establish a pilot program to exempt a vessel of at least 300 gross tons as measured under chapter 143 or chapter 145 of title 46, United States Code, from the requirement to be inspected under section 3301(7) of title 46, United States Code, as a seagoing motor vessel, if-- (A) the vessel does not carry any cargo or passengers for hire; (B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research; and (C) the vessel does not engage in towing. (2) Expiration of authority.--The authority to grant the exemptions under this subsection expires 2 years after the date of the enactment of this Act. Any specific exemptions granted under this subsection shall nonetheless remain in effect. SEC. 413. LAND CONVEYANCE, COAST GUARD STATION OCRACOKE, NORTH CAROLINA. (a) Authority To Convey.--The Secretary of Transportation may convey, without consideration, to the State of North Carolina (in this section referred to as the ``State''), all right, title, and interest of the United States in and to a parcel of real property, together with any improvements thereon, in Ocracoke, North Carolina, consisting of such portion of the Coast Guard Station Ocracoke, North Carolina, as the Secretary considers appropriate for purposes of the conveyance. (b) Conditions.--The conveyance under subsection (a) shall be subject to the following conditions: (1) That the State accept the property to be conveyed under that subsection subject to such easements or rights of way in favor of the United States as the Secretary considers to be appropriate for-- (A) utilities; (B) access to and from the property; (C) the use of the boat launching ramp on the property; and (D) the use of pier space on the property by search and rescue assets. (2) That the State maintain the property in a manner so as to preserve the usefulness of the easements or rights of way referred to in paragraph (1). (3) That the State utilize the property for transportation, education, environmental, or other public purposes. (c) Reversion.--(1) If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with subsection (b), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon. (2) Upon reversion under paragraph (1), the property shall be under the administrative jurisdiction of the Administrator of General Services. (d) Description of Property.--The exact acreage and legal description of the property conveyed under subsection (a), and any easements or rights of way granted under subsection (b)(1), shall [[Page 112 STAT. 3434]] be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions with respect to the conveyance under subsection (a), and any easements or rights of way granted under subsection (b)(1), as the Secretary considers appropriate to protect the interests of the United States. SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN SAULT SAINTE MARIE, MICHIGAN. (a) Requirement To Convey.--The Secretary of Transportation (in this section referred to as the ``Secretary'') shall promptly convey, without consideration, to American Legion Post No. 3 in Sault Sainte Marie, Michigan, all right, title, and interest of the United States in and to the parcel of real property described in section 202 of the Water Resources Development Act of 1990 (Public Law 101-640), as amended by section 323 of the Water Resources Development Act of 1992 (Public Law 102-580), comprising approximately 0.565 acres, together with any improvements thereon. (b) Condition.--The conveyance under subsection (a) shall be subject to the condition that the property be used as a clubhouse for the American Legion Post No. 3. (c) Reversion.--(1) If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with subsection (b), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon. (2) Upon reversion under paragraph (1), the property shall be under the administrative jurisdiction of the Administrator of General Services. (d) Description of Property.--The exact acreage and legal description of the property conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the American Legion Post No. 3. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions with respect to the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL. (a) In General.-- (1) Subject to subsection (b), the Secretary of Transportation shall continue to implement and enforce the United States Coast Guard 1997 Enforcement Policy for Cargo Residues on the Great Lakes and revisions thereto that are made in accordance with that Policy (hereafter in this section referred to as the ``Policy'') for the purpose of regulating incidental discharges from vessels of residues of dry bulk cargo into the waters of the Great Lakes under the jurisdiction of the United States. (2) Any discharge under this section shall comply with all terms and conditions of the Policy. (b) Expiration of Interim Authority.--The Policy shall cease to have effect on the date which is the earliest of-- [[Page 112 STAT. 3435]] (1) the effective date of regulations promulgated pursuant to legislation enacted subsequent to the enactment of this Act providing for the regulation of incidental discharges from vessels of dry bulk cargo residue into the waters of the Great Lakes under the jurisdiction of the United States is enacted; or (2) September 30, 2002. SEC. 416. CONVEYANCE OF LIGHTHOUSES. (a) Authority to Convey.-- (1) In general.--The Commandant of the Coast Guard, or the Administrator of the General Services Administration, as appropriate, may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to each of the following properties: (A) Light Station Sand Point, located in Escanaba, Michigan, to the Delta County Historical Society. (B) Light Station Dunkirk, located in Dunkirk, New York, to the Dunkirk Historical Lighthouse and Veterans' Park Museum. (C) The Mukilteo Light Station, located in Mukilteo, Washington, to the City of Mukilteo. (D) Eagle Harbor Light Station, located in Michigan, to the Keweenaw County Historical Society. (E) Cape Decision Light Station, located in Alaska, to the Cape Decision Lighthouse Society. (F) Cape St. Elias Light Station, located in Alaska, to the Cape St. Elias Light Keepers Association. (G) Five Finger Light Station, located in Alaska, to the Juneau Lighthouse Association. (H) Point Retreat Light Station, located in Alaska, to the Alaska Lighthouse Association. (I) Hudson-Athens Lighthouse, located in New York, to the Hudson-Athens Lighthouse Preservation Society. (J) Georgetown Light, located in Georgetown County, South Carolina, to the South Carolina Department of Natural Resources. (K) Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society. (2) Identification of property.--The Commandant or Administrator, as appropriate, may identify, describe, and determine the property to be conveyed under this subsection. (3) Exception.--The Commandant or Administrator, as appropriate, may not convey any historical artifact, including any lens or lantern, located on the property at or before the time of the conveyance. (b) Terms of Conveyance.-- (1) In general.--The conveyance of property under this section shall be made-- (A) without payment of consideration; and (B) subject to the terms and conditions required by this section and other terms and conditions the Commandant or the Administrator, as appropriate, may consider, including the reservation of easements and other rights on behalf of the United States. [[Page 112 STAT. 3436]] (2) Reversionary interest.--In addition to any term or condition established under this section, the conveyance of property under this section shall be subject to the condition that all right, title, and interest in the property shall immediately revert to the United States if-- (A) the property, or any part of the property-- (i) ceases to be used as a nonprofit center for public benefit for the interpretation and preservation of maritime history; (ii) ceases to be maintained in a manner that is consistent with its present or future use as a site for Coast Guard aids to navigation or compliance with this Act; or (iii) ceases to be maintained in a manner consistent with the conditions in paragraph (5) established by the Commandant or the Administrator, as appropriate, pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.); or (B) at least 30 days before that reversion, the Commandant or the Administrator, as appropriate, provides written notice to the owner that the property is needed for national security purposes. (3) Maintenance of navigation functions.--The conveyance of property under this section shall be made subject to the conditions that the Commandant or Administrator, as appropriate, considers to be necessary to assure that-- (A) the lights, antennas, and associated equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the owner of the property may not interfere or allow interference in any manner with aids to navigation without express written permission from the Commandant or Administrator, as appropriate; (C) there is reserved to the United States the right to relocate, replace, or add any aid to navigation or make any changes to the property conveyed as may be necessary for navigational purposes; (D) the United States shall have the right, at any time, to enter the property without notice for the purpose of operating, maintaining and inspecting aids to navigation, and for the purpose of enforcing compliance with subsection (b); and (E) the United States shall have an easement of access to and across the property for the purpose of maintaining the aids to navigation in use on the property. (4) Obligation limitation.--The owner of the property is not required to maintain any active aid to navigation equipment on the property, except private aids to navigation permitted under section 83 of title 14, United States Code. (5) Maintenance of property.--The owner of the property shall maintain the property in a proper, substantial, and workmanlike manner, and in accordance with any conditions established by the Commandant or the Administrator, as appropriate, pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other applicable laws. [[Page 112 STAT. 3437]] (c) Definitions.--In this section: (1) Aids to navigation.--The term ``aids to navigation'' means equipment used for navigation purposes, including but not limited to, a light, antenna, sound signal, electronic navigation equipment, or other associated equipment which are operated or maintained by the United States. (2) Owner.--The term ``owner'' means the person identified in subsection (a)(1), and includes any successor or assign of that person. (3) Delta county historical society.--The term ``Delta County Historical Society'' means the Delta County Historical Society (a nonprofit corporation established under the laws of the State of Michigan, its parent organization, or subsidiary, if any). (4) Dunkirk historical lighthouse and veterans' park museum.--The term ``Dunkirk Historical Lighthouse and Veterans' Park Museum'' means Dunkirk Historical Lighthouse and Veterans' Park Museum located in Dunkirk, New York, or, if appropriate as determined by the Commandant, the Chautauqua County Armed Forces Memorial Park Corporation, New York. (5) Lake county historical society.--The term ``Lake County Historical Society'' means the Lake County Historical Society (a nonprofit corporation established under the laws of the State of Minnesota), its parent organization or subsidiary, if any, and its successors and assigns. (d) Notification.--Not less than 1 year prior to reporting to the General Services Administration that a lighthouse or light station eligible for listing under the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and under the jurisdiction of the Coast Guard is excess to the needs of the Coast Guard, the Commandant of the Coast Guard shall notify the State in which the lighthouse or light station is located, (including the State Historic Preservation Officer, if any) the appropriate political subdivision of that State, and any lighthouse, historic, or maritime preservation organizations in that State, that such property is excess to the needs of the Coast Guard. (e) Extension of Period for Conveyance of Whitlock's Mill Light.-- Notwithstanding section 1002(a)(3) of the Coast Guard Authorization Act of 1996, the conveyance authorized by section 1002(a)(2)(AA) of that Act may take place after the date required by section 1002(a)(3) of that Act but no later than December 31, 1998. SEC. 417. <<NOTE: Massachusetts.>> CONVEYANCE OF COAST GUARD LORAN STATION NANTUCKET. (a) Authority to Convey.-- (1) In general.--The Commandant of the United States Coast Guard may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to approximately 29.4 acres of land, together with the improvements thereon, at Coast Guard LORAN Station Nantucket, Nantucket, Massachusetts, to the Town of Nantucket, Massachusetts (``the Town'') unless the Commandant, or his delegate, in his sole discretion determines that the conveyance would not provide a public benefit. (2) Identification of property.-- [[Page 112 STAT. 3438]] (A) The Commandant may identify, define, describe, and determine the real property to be conveyed under this section. (B) The Commandant shall determine the exact acreage and legal description of the property to be conveyed under this section by a survey satisfactory to the Commandant. The cost of the survey shall be borne by the Town. (b) Terms of Conveyance.-- (1) In general.--The conveyance of real property under this section shall be made-- (A) without payment of consideration; and (B) subject to the following terms and conditions: (i) The Town shall not, upon the property conveyed, allow, conduct, or permit any activity, or operate, allow, or permit the operation of, any equipment or machinery, that would interfere or cause interference, in any manner, with any aid to navigation located upon property retained by the United States at Coast Guard LORAN Station Nantucket, without the express written permission from the Commandant. (ii) The Town shall maintain the real property conveyed in a manner consistent with the present and future use of any property retained by the United States at Coast Guard LORAN Station Nantucket as a site for an aid to navigation. (iii) Any other terms and conditions the Commandant considers appropriate to protect the interests of the United States, including the reservation of easements or other rights on behalf of the United States. (2) Reversionary interest.--The conveyance of real property pursuant to this section shall be subject to the condition that all right, title, and interest in such property shall immediately revert to the United States if-- (A) the property, or any part thereof, ceases to be owned and used by the Town; (B) the Town fails to maintain the property conveyed in a manner consistent with the terms and conditions in paragraph (1); or (C) at least 30 days before such reversion, the Commandant provides written notice to the Town that the property conveyed is needed for national security purposes. SEC. 418. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS. (a) In General.--The Commandant of the Coast Guard may convey all right, title, and interest of the United States in and to each of 2 decommissioned ``White Class'' 133-foot Coast Guard vessels to Canvasback Mission, Inc. (a nonprofit corporation under the laws of the State of Oregon; in this section referred to as ``the recipient''), without consideration, if-- (1) the recipient agrees-- (A) to use the vessel for purposes of providing medical services to Central and South Pacific island nations; (B) not to use the vessel for commercial transportation purposes except those incident to the provisions of those medical services; [[Page 112 STAT. 3439]] (C) to make the vessel available to the United States Government if needed for use by the Commandant in times of war or a national emergency; and (D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from the use by the Government under paragraph (1)(C); (2) the recipient has funds available that will be committed to operate and maintain each vessel conveyed in good working condition, in the form of cash, liquid assets, or a written loan commitment, and in the amount of at least $400,000 per vessel; and (3) the recipient agrees to any other conditions the Commandant considers appropriate. (b) Maintenance and Delivery of Vessels.--Prior to conveyance of a vessel under this section, the Commandant shall, to the extent practical, and subject to other Coast Guard mission requirements, make every effort to maintain the integrity of the vessel and its equipment until the time of delivery. If a conveyance is made under this section, the Commandant shall deliver the vessel at the place where the vessel is located, in its present condition, and without cost to the Government. The conveyance of the vessel under this section shall not be considered a distribution in commerce for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 2605(e)). (c) Other Excess Equipment.--The Commandant may convey to the recipient of a vessel under this section any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel's operability and function as a medical services vessel in Central and South Pacific Islands. SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK VICTORY. Section 1008(d)(1) of the Coast Guard Authorization Act of 1996 is amended by striking ``2 years'' and inserting ``3 years''. SEC. 420. <<NOTE: 16 USC 459a-10.>> TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE INTERIOR. The Administrator of the General Services Administration shall transfer administrative jurisdiction over the Federal property consisting of approximately 2 acres, known as the Ocracoke Light Station, to the Secretary of the Interior, subject to such reservations, terms, and conditions as may be necessary for Coast Guard purposes. All property so transferred shall be included in and administered as part of the Cape Hatteras National Seashore. SEC. 421. VESSEL DOCUMENTATION CLARIFICATION. Section 12102(a)(4) of title 46, United States Code, and section 2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each amended by-- (1) striking ``president or other''; and (2) inserting a comma and ``by whatever title,'' after ``chief executive officer''. SEC. 422. DREDGE CLARIFICATION. Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is amended by adding at the end the following: [[Page 112 STAT. 3440]] ``(3) A vessel-- ``(A) configured, outfitted, and operated primarily for dredging operations; and ``(B) engaged in dredging operations which transfers fuel to other vessels engaged in the same dredging operations without charge.''. SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY. Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. Code 3703a note) is amended by adding at the end the following: ``(3)(A) The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct the necessary research and development of a rationally based equivalency assessment approach, which accounts for the overall environmental performance of alternative tank vessel designs. Notwithstanding the Coast Guard opinion of the application of sections 101 and 311 of the Clean Water Act (33 U.S.C. 1251 and 1321), the intent of this study is to establish an equivalency evaluation procedure that maintains a high standard of environmental protection, while encouraging innovative ship design. The study shall include: ``(i) development of a generalized cost spill data base, which includes all relevant costs such as clean-up costs and environmental impact costs as a function of spill size; ``(ii) refinement of the probability density functions used to establish the extent of vessel damage, based on the latest available historical damage statistics, and current research on the crash worthiness of tank vessel structures; ``(iii) development of a rationally based approach for calculating an environmental index, to assess overall outflow performance due to collisions and groundings; and ``(iv) application of the proposed index to double hull tank vessels and alternative designs currently under consideration. ``(B) <<NOTE: Deadline. Establishment.>> A Marine Board committee shall be established not later that 2 months after the date of the enactment of the Coast Guard Authorization Act of 1998. The Secretary <<NOTE: Reports.>> of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure in the House of Representatives a report on the results of the study not later than 12 months after the date of the enactment of the Coast Guard Authorization Act of 1998. ``(C) Of the amounts authorized by section 1012(a)(5)(A) of this Act, $500,000 is authorized to carry out the activities under subparagraphs (A) and (B) of this paragraph.''. SEC. 424. VESSEL SHARING AGREEMENTS. (a) Section 5 of the Shipping Act of 1984 (46 U.S.C. App. 1704) is amended by adding at the end the following: ``(g) Vessel Sharing Agreements.--An ocean common carrier that is the owner, operator, or bareboat, time, or slot charterer of a United States-flag liner vessel documented pursuant to sections 12102(a) or (d) of title 46, United States Code, is authorized to agree with an ocean common carrier that is not the owner, operator or bareboat charterer for at least 1 year of United States-flag liner vessels which are eligible to be included in the Maritime [[Page 112 STAT. 3441]] Security Fleet Program and are enrolled in an Emergency Preparedness Program pursuant to subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187 et seq.), to which it charters or subcharters the United States-flag vessel or space on the United States-flag vessel that such charterer or subcharterer may not use or make available space on the vessel for the carriage of cargo reserved by law for United States-flag vessels.''. (b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. App. 1709(c)(6)) is amended by inserting ``authorized by section 5(g) of this Act, or as'' before ``otherwise''. (c) Nothing in this section shall affect or in any way diminish the authority or effectiveness of orders issued by the Maritime Administration pursuant to sections 9 and 41 of the Shipping Act, 1916 (46 U.S.C. App. 808 and 839). (d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(6)(B)) is amended by striking ``parcel-tanker.'' and inserting ``parcel-tanker or by vessel when primarily engaged in the carriage of perishable agricultural commodities (i) if the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and (ii) only with respect to the carriage of those commodities.''. SEC. 425. REPORTS. (a) <<NOTE: 14 USC 93 note.>> SWATH Technology.--The Commandant of the Coast Guard shall, within 18 months after the date of the enactment of this Act, report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure on the applicability of Small Waterplane Area Twin Hull (SWATH) technology, including concepts developed by the United States Office of Naval Research, to the design of Coast Guard vessels. (b) <<NOTE: 33 USC 1323 note.>> Marine Guidance Systems.--The Secretary of Transportation shall, within 12 months after the date of the enactment of this Act, evaluate and report to the Congress on the suitability of marine sector laser lighting, cold cathode lighting, and ultraviolet enhanced vision technologies for use in guiding marine vessels and traffic. SEC. 426. REPORT ON TONNAGE CALCULATION METHODOLOGY. The Administrator of the Panama Canal Commission shall, within 90 days of the date of the enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the methodology employed in the calculation of the charge of tolls for the carriage of on-deck containers and the justification thereof. SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSELS. (a) Authority To Convey.--Notwithstanding any other law, the Secretary of Transportation (referred to in this section as ``the Secretary'') may convey all right, title, and interest of the Federal Government in and to either or both of the vessels S.S. AMERICAN VICTORY (United States official number 248005) and S.S. HATTIESBURG VICTORY (United States official number 248651) to The Victory Ship, Inc., located in Tampa, Florida (in this section [[Page 112 STAT. 3442]] referred to as the ``recipient''), and the recipient may use each vessel conveyed only as a memorial to the Victory class of ships. (b) Terms of Conveyance.-- (1) Delivery of vessel.--In carrying out subsection (a), the Secretary shall deliver a vessel-- (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; and (C) at no cost to the Federal Government. (2) Required conditions.--The Secretary may not convey a vessel under this section unless-- (A) the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous material, including asbestos and polychlorinated biphenyls, after conveyance of the vessel, except for claims arising before the date of the conveyance or from use of the vessel by the Government after that date; and (B) the recipient has available, for use to restore the vessel, in the form of cash, liquid assets, or a written loan commitment, financial resources of at least $100,000. (3) Additional terms.--The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Other Unneeded Equipment.--The Secretary may convey to the recipient of any vessel conveyed under this section any unneeded equipment from other vessels in the National Defense Reserve Fleet, for use to restore the vessel conveyed under this section to museum quality. SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, JOHN HENRY. (a) Authority to Convey.--Notwithstanding any other law, the Secretary of Transportation (in this section referred to as ``the Secretary'') may convey all right, title, and interest of the United States Government in and to the vessel JOHN HENRY (United States official number 599294) to a purchaser for use in humanitarian relief efforts, including the provision of water and humanitarian goods to developing nations. (b) Terms of Conveyance.-- (1) Delivery of vessel.--In carrying out subsection (a), the Secretary shall deliver the vessel-- (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; (C) at no cost to the United States Government; and (D) only after the vessel has been redesignated as not militarily useful. (2) Required conditions.--The Secretary may not convey a vessel under this section unless-- (A) competitive procedures are used for sales under this section; (B) the vessel is sold for not less than the fair market value of the vessel in the United States, as determined by the Secretary of Transportation; (C) the recipient agrees that the vessel shall not be used for commercial transportation purposes or for the [[Page 112 STAT. 3443]] carriage of cargoes reserved to United States flag commercial vessels under section 901(b) and 901f of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f ); (D) the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous material, including asbestos and polychlorinated biphenyls, after the conveyance of the vessel, except for claims arising before the date of the conveyance or from use of the vessel by the Government after that date; and (E) the recipient provides sufficient evidence to the Secretary that it has financial resources in the form of cash, liquid assets, or a written loan commitment of at least $100,000. (F) the recipient agrees to make the vessel available to the Government if the Secretary requires use of the vessel by the Government for war or national emergency. (G) the recipient agrees to document the vessel under chapter 121 of title 46, United States Code. (3) Additional terms.--The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Proceeds.--Any amounts received by the United States as proceeds from the sale of the M/V JOHN HENRY shall be deposited in the Vessel Operations Revolving Fund established by the Act of June 2, 1951 (chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended in accordance with section 6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)). SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND ENCUMBRANCES. Section 315(c)(1) of the Federal Maritime Commission Authorization Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended-- (1) by striking ``3 contiguous tracts'' and inserting ``4 tracts''; and (2) by striking ``Tract A'' and all that follows through the end of the paragraph and inserting the following: ``Tract 1--Commencing at a point N45/ 28' 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44/ 29' 09" E 220 feet; thence N45/ 28' 31" E 50 feet; thence N44/ 29' 09" W 220 feet; thence S45/ 28' 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). ``Tract 2--Commencing at a point N45/ 28' 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44/ 29' 09" E 169.3 feet; thence S45/ 28' 31" W 75 feet; (Deed Call S45/ 30' 51" W 75 feet), thence N44/ 29' 09" W 169.3 feet; thence N45/ 28' 31" E 75 feet to the point of commencement and containing 12,697 square feet (0.2915 acres). ``Tract 3--Commencing at a point N45/ 28' 31" E 248.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44/ 29' 09" E 220 feet; thence N45/ 28' 31" E 50 feet; thence N44/ 29' 09" W 220 feet; thence S45/ 28' 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). [[Page 112 STAT. 3444]] ``Tract 4--Commencing at a point N45/ 28' 31" E 123.3 feet and S44/ 29' 09" E 169.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44/ 29' 09" E 50.7 feet; thence N45/ 28' 31" E 75 feet; thence N44/ 29' 09" W 50.7 feet; thence S45/ 28' 31" W 75 feet (Deed Call S45/ 30' 51" W 75 feet) to the point of commencement and containing 3,802 square feet (0.0873 acres). ``Composite Description--A tract of land lying in section 2, Township 10 South--Range 8 West, Calcasieu Parish, Louisiana, and being mone [sic] particularly described as follows: Begin at a point N45/ 28' 31" E 123.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence N45/ 28' 31" E 175.0 feet; thence S44/ 29' 09" E 220.0 feet; thence S45/ 28' 31" W 175.0 feet; thence N44/ 29' 09" W 220.0 feet to the point of beginning, containing 0.8035 acres.''. SEC. 430. BARGE APL-60. (a) In General.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 46, United States Code, the Secretary may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the barge APL-60 (United States official number 376857). (b) Limitations.--The vessel described in subsection (a) may be employed in the coastwise trade only for the purpose of participating in the ship disposal initiative initially funded by the Department of Defense Appropriations Act, 1999, for the duration of that initiative. (c) Termination.--A coastwise endorsement issued under subsection (a) shall terminate on the earlier of-- (1) the completion of the final coastwise trade voyage associated with the ship disposal initiative described in subsection (b); or (2) the sale or transfer of the vessel described in subsection (a) to an owner other than the owner of the vessel as of October 1, 1998. SEC. 431. VESSEL FINANCING FLEXIBILITY. The Secretary of Transportation may guarantee obligations under section 1103 of the Merchant Marine Act, 1936 (46 U.S.C. App.1273), for the vessels planned for construction to be purchased by the American West Steamboat Company and to be named QUEEN OF THE YUKON, which will operate on the Yukon and Tanana Rivers, and EMPRESS OF THE NORTH, which will operate in Alaska, Washington, and Oregon. Notwithstanding sections 509, 1103(c)), and 1104A(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1159, 1273(c), and 1274(b)), the Secretary of Transportation may guarantee obligations of 87\1/2\ percent of the purchase price of such vessels. Each obligation guaranteed under this section may have a maturity date of 25 years from the date of delivery of the vessel concerned. SEC. 432. HYDROGRAPHIC FUNCTIONS. (a) <<NOTE: 33 USC 892c note.>> Effective Date.--Subsections (b) and (c) shall take effect immediately after the later of-- (1) the enactment of the Hydrographic Services Improvement Act of 1998; or [[Page 112 STAT. 3445]] (2) the enactment of this Act. (b) Authorization of Appropriations.--Section 306 of the Hydrographic Services Improvement Act of 1998 <<NOTE: 33 USC 892d.>> is amended to read as follows: ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator the following: ``(1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 303 and 304, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001. ``(2) To conduct hydrographic surveys under section 303(a)(1), including the leasing of ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 2001. Of these amounts, no more than $16,000,000 is authorized for any one fiscal year to operate hydrographic survey vessels owned and operated by the Administration. ``(3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001. ``(4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to implement and operate a national quality control system for real-time tide and current and maintain the national tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 303(b)(4).''. (c) Repeal of Report Requirements.--Section 305 of the Hydrographic Services Improvement Act of 1998 <<NOTE: 33 USC 892c.>> is amended by striking subsections (a) and (d). TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS SEC. 501. <<NOTE: 46 USC 12106 note.>> FINDINGS. The Congress finds that-- (1) current coastwise trade laws provide no administrative authority to waive the United-States-built requirement of those laws for the limited carriage of passengers for hire on vessels built or rebuilt outside the United States; (2) requests for such waivers require the enactment of legislation by the Congress; (3) each Congress routinely approves numerous such requests for waiver and rarely rejects any such request; and (4) the review and approval of such waiver requests is a ministerial function which properly should be executed by an administrative agency with appropriate expertise. SEC. 502. <<NOTE: 46 USC 12106 note.>> ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS. Notwithstanding sections 12106 and 12108 of title 46, United States Code, section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and section 27 of the Merchant Marine Act, 1920 (46 [[Page 112 STAT. 3446]] U.S.C. App. 883), the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel for an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect-- (1) United States vessel builders; or (2) the coastwise trade business of any person who employs vessels built in the United States in that business. SEC. <<NOTE: 46 USC 12106 note.>> 503. REVOCATION. The Secretary may revoke an endorsement issued under section 502, after notice and an opportunity for public comment, if the Secretary determines that the employment of the vessel in the coastwise trade has substantially changed since the issuance of the endorsement, and-- (1) the vessel is employed other than as a small passenger vessel or an uninspected passenger vessel; or (2) the employment of the vessel adversely affects-- (A) United States vessel builders; or (B) the coastwise trade business of any person who employs vessels built in the United States. SEC. <<NOTE: 46 USC 12106 note.>> 504. DEFINITIONS. In this title: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Eligible vessel.--The term ``eligible vessel'' means a vessel that-- (A) was not built in the United States and is at least 3 years of age; or (B) if rebuilt, was rebuilt outside the United States at least 3 years before the certification requested under section 502, if granted, would take effect. (3) Small passenger vessel; uninspected passenger vessel; passenger for hire.--The terms ``small passenger vessel'', ``uninspected passenger vessel'', and ``passenger for hire'' have the meaning given such terms by section 2101 of title 46, United States Code. SEC. <<NOTE: 46 USC 12106 note.>> 505. SUNSET. (a) In General.--Subject to subsection (b), this title (other than this section) shall have no force or effect on or after September 30, 2002. (b) Endorsements Continue.--Any certificate or endorsement issued under section 502 before the date referred to in subsection (a) of this section shall continue in effect until otherwise invalidated or revoked under chapter 121 of title 46, United States Code. [[Page 112 STAT. 3447]] TITLE <<NOTE: Harmful Algal Bloom and Hypoxia Research and Control Act of 1998.>> VI--HARMFUL ALGAL BLOOMS AND HYPOXIA SEC. <<NOTE: 16 USC 1451 note.>> 601. SHORT TITLE. This title may be cited as the ``Harmful Algal Bloom and Hypoxia Research and Control Act of 1998''. SEC. <<NOTE: 16 USC 1451 note.>> 602. FINDINGS. The Congress finds that-- (1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are increasing in frequency and intensity in the Nation's coastal waters; (2) other recent occurrences of harmful algal blooms include red tides in the Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska; (3) in certain cases, harmful algal blooms have resulted in fish kills, the deaths of numerous endangered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and concern among the public about the safety of seafood; (4) according to some scientists, the factors causing or contributing to harmful algal blooms may include excessive nutrients in coastal waters, other forms of pollution, the transfer of harmful species through ship ballast water, and ocean currents; (5) harmful algal blooms may have been responsible for an estimated $1,000,000,000 in economic losses during the past decade; (6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine conditions such as hypoxia (reduced oxygen concentrations), which are harmful or fatal to fish, shellfish, and benthic organisms; (7) according to the National Oceanic and Atmospheric Administration in the Department of Commerce, 53 percent of United States estuaries experience hypoxia for at least part of the year and a 7,000 square mile area in the Gulf of Mexico off Louisiana and Texas suffers from hypoxia; (8) according to some scientists, a factor believed to cause hypoxia is excessive nutrient loading into coastal waters; (9) there is a need to identify more workable and effective actions to reduce nutrient loadings to coastal waters; (10) the National Oceanic and Atmospheric Administration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to support a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms and hypoxia; (11) funding for the research and related programs of the National Oceanic and Atmospheric Administration will aid in improving the Nation's understanding and capabilities for [[Page 112 STAT. 3448]] addressing the human and environmental costs associated with harmful algal blooms and hypoxia; and (12) other Federal agencies such as the Environmental Protection Agency, the Department of Agriculture, and the National Science Foundation, along with the States, Indian tribes, and local governments, conduct important work related to the prevention, reduction, and control of harmful algal blooms and hypoxia. SEC. <<NOTE: 16 USC 1451 note.>> 603. ASSESSMENTS. (a) Establishment of Inter-Agency Task Force.--The President, through the Committee on Environment and Natural Resources of the National Science and Technology Council, shall establish an Inter- Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter referred to as the ``Task Force''). The Task Force shall consist of the following representatives from-- (1) the Department of Commerce (who shall serve as Chairman of the Task Force); (2) the Environmental Protection Agency; (3) the Department of Agriculture; (4) the Department of the Interior; (5) the Department of the Navy; (6) the Department of Health and Human Services; (7) the National Science Foundation; (8) the National Aeronautics and Space Administration; (9) the Food and Drug Administration; (10) the Office of Science and Technology Policy; (11) the Council on Environmental Quality; and (12) such other Federal agencies as the President considers appropriate. (b) Assessment of Harmful Algal Blooms.-- (1) <<NOTE: Deadline.>> Not later than 12 months after the date of the enactment of this title, the Task Force, in cooperation with the coastal States, Indian tribes, and local governments, industry (including agricultural organizations), academic institutions, and non-governmental organizations with expertise in coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of harmful algal blooms, alternatives for reducing, mitigating, and controlling harmful algal blooms, and the social and economic costs and benefits of such alternatives. (2) The assessment shall-- (A) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and (B) provide for Federal cooperation and coordination with and assistance to the coastal States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms and their environmental and public health impacts. (c) Assessment of Hypoxia.-- (1) <<NOTE: Deadline.>> Not later than 12 months after the date of the enactment of this title, the Task Force, in cooperation with the States, Indian tribes, local governments, industry, agricultural, academic institutions, and non- governmental organizations with expertise in watershed and coastal zone management, shall complete and submit to the Congress an assessment which [[Page 112 STAT. 3449]] examines the ecological and economic consequences of hypoxia in United States coastal waters, alternatives for reducing, mitigating, and controlling hypoxia, and the social and economic costs and benefits of such alternatives. (2) The assessment shall-- (A) establish needs, priorities, and guidelines for a peer-reviewed, inter-agency research program on the causes, characteristics, and impacts of hypoxia; (B) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to hypoxia; and (C) provide for Federal cooperation and coordination with and assistance to the States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of hypoxia and its environmental impacts. (e) Disestablishment of Task Force.--The President may disestablish the Task Force after submission of the plan in section 604(d). SEC. <<NOTE: 16 USC 1451 note.>> 604. NORTHERN GULF OF MEXICO HYPOXIA. (a) Assessment <<NOTE: Deadline.>> Report.--Not later than May 30, 1999, the Task Force shall complete and submit to Congress and the President an integrated assessment of hypoxia in the northern Gulf of Mexico that examines: the distribution, dynamics, and causes; ecological and economic consequences; sources and loads of nutrients transported by the Mississippi River to the Gulf of Mexico; effects of reducing nutrient loads; methods for reducing nutrient loads; and the social and economic costs and benefits of such methods. (b) Submission of a Plan.--No later than March 30, 2000, the President, in conjunction with the chief executive officers of the States, shall develop and submit to Congress a plan, based on the integrated assessment submitted under subsection (a), for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico. In developing such plan, the President shall consult with State, Indian tribe, and local governments, academic, agricultural, industry, and environmental groups and representatives. Such plan shall include incentive-based partnership approaches. The plan shall also include the social and economic costs and benefits of the measures for reducing, mitigating, and controlling hypoxia. At least 90 days before the President submits such plan to the Congress, a summary of the proposed plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. <<NOTE: 16 USC 1451 note.>> 605. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal year 2000, and $19,000,000 for fiscal year 2001, to remain available until expended. The Secretary shall consult with the States on a regular basis regarding the development and implementation of the activities authorized under this section. Of such amounts for each fiscal year-- [[Page 112 STAT. 3450]] (1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 may be used to enable the National Oceanic and Atmospheric Administration to carry out research and assessment activities, including procurement of necessary research equipment, at research laboratories of the National Ocean Service and the National Marine Fisheries Service; (2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 2000, and $5,500,000 for fiscal year 2001 may be used to carry out the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project under the Coastal Ocean Program established under section 201(c) of Public Law 102-567; (3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 may be used by the National Ocean Service of the National Oceanic and Atmospheric Administration to carry out a peer-reviewed research project on management measures that can be taken to prevent, reduce, control, and mitigate harmful algal blooms; (4) $5,500,000 for each of the fiscal years 1999, 2000, and 2001 may be used to carry out Federal and State annual monitoring and analysis activities for harmful algal blooms administered by the National Ocean Service of the National Oceanic and Atmospheric Administration; and (5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 2000, and $4,000,000 for fiscal year 2001 may be used for activities related to research and monitoring on hypoxia by the National Ocean Service and the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration. SEC. <<NOTE: 16 USC 1451 note.>> 606. PROTECTION OF STATES' RIGHTS. (a) Nothing in this title shall be interpreted to adversely affect existing State regulatory or enforcement power which has been granted to any State through the Clean Water Act or Coastal Zone Management Act of 1972. (b) Nothing in this title shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State through the Clean Water Act or Coastal Zone Management Act of 1972. Approved November 13, 1998. LEGISLATIVE HISTORY--H.R. 2204 (S. 1259): --------------------------------------------------------------------------- HOUSE REPORTS: No. 105-236 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. 105-246 accompanying S. 1259 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 143 (1997): Oct. 21, considered and passed House. Vol. 144 (1998): Oct. 12, considered and passed Senate, amended, in lieu of S. 1259. Oct. 15, House concurred in Senate amendment with an amendment. Oct. 21, Senate concurred in House amendment. <all>