[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 12 (legislative day, October 2), 1998.
Resolved, That the bill from the House of Representatives (H.R.
2204) entitled ``An Act to authorize appropriations for fiscal years
1998 and 1999 for the Coast Guard, and for other purposes.'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act for
Fiscal Years 1998, 1999, and 2000''.
SEC. 2. TABLE OF SECTIONS.
The table of sections for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of sections.
TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS
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. Eliminate supply fund reimbursement requirement.
Sec. 206. Disposal of certain material to Coast Guard Auxiliary.
Sec. 207. Law enforcement authority for special agents of the Coast
Guard Investigative Service.
Sec. 208. Report on excess Coast Guard property.
Sec. 209. Fees for navigation assistance service.
Sec. 210. Aids to navigation report.
TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
Sec. 301. Alcohol testing.
Sec. 302. Penalty for violation of international convention.
Sec. 303. Protect marine casualty investigations from mandatory
release.
Sec. 304. Eliminate biennial research and development report.
Sec. 305. Extension of territorial sea for certain laws.
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.
Sec. 314. Interim authority for dry bulk cargo residue disposal.
TITLE IV--MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of lighthouses.
Sec. 403. Administrative authority to convey lighthouses.
Sec. 404. Conveyance of Communication Station Boston Marshfield
Receiver site, Massachusetts.
Sec. 405. Conveyance of Nahant Parcel, Essex County, Massachusetts.
Sec. 406. Conveyance of Coast Guard Station Ocracoke, North Carolina.
Sec. 407. Conveyance of Coast Guard Loran Station Nantucket.
Sec. 408. Conveyance of Coast Guard Reserve training facility,
Jacksonville, Florida.
Sec. 409. Conveyance of decommissioned Coast Guard vessels.
Sec. 410. Amendment to conveyance of vessel S/S Red Oak Victory.
Sec. 411. Transfer of Ocracoke Light Station to Secretary of the
Interior.
Sec. 412. Vessel documentation clarification.
Sec. 413. Sanctions for failure to land or to heave to; sanctions for
obstruction of boarding and providing false
information.
Sec. 414. Dredge clarification.
Sec. 415. Great Lakes Pilotage Advisory Committee.
Sec. 416. Documentation of certain vessels.
Sec. 417. Double hull alternative designs study.
Sec. 418. Report on maritime activities.
Sec. 419. Vessel sharing agreements.
Sec. 420. Report on SWATH technology.
Sec. 421. Report on tonnage calculation methodology.
Sec. 422. Authority to convey National Defense Reserve Fleet Vessel,
American Victory.
Sec. 423. Authority to convey National Defense Reserve Fleet Vessel,
John Henry.
Sec. 424. Authorized number of NOAA Corps commissioned officers.
Sec. 425. Coast Guard City, USA.
Sec. 426. Marine transportation flexibility.
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.
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. Amendment to National Sea Grant College Program Act.
Sec. 607. Amendment to the Coastal Zone Management Act.
Sec. 608. Protection of States' rights.
TITLE VII--ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 701. Applicability of authority to release restrictions and
encumbrances.
TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1998.--Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 1998, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,715,400,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $397,850,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(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, $19,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $653,196,000.
(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, $17,000,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
(b) Fiscal Year 1999.--Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 1999, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,808,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund 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, $505,000,000, to remain available until expended, of
which $20,000,000 shall be derived 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, $18,300,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $691,493,000.
(5) For alteration or removal of bridges over navigable
waters of the Untied States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the bridge alteration program, $26,000,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
(c) Fiscal Year 2000.--Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2000, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,880,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund 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, $665,969,000, to remain available until expended, of
which $20,000,000 shall be derived 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, $23,050,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $730,327,000.
(5) For alteration or removal of bridges over navigable
waters of the Untied States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the bridge alteration program, $26,000,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) 1998 End-of-year Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 37,944 as of
September 30, 1998.
(b) 1998 Military Training Student Loads.--For fiscal year 1998,
the Coast Guard is authorized average military training student loads
as follows:
(1) For recruit and special training, 1,424 student years.
(2) For flight training, 98 student years.
(3) For professional training in military and civilian
institutions, 283 student years.
(4) For officer acquisition, 814 student years.
(c) 1999 End-of-year Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 38,038 as of
September 30, 1999.
(d) 1999 Military Training Student Loads.--For fiscal year 1999,
the Coast Guard is authorized average military training student loads
as follows:
(1) For recruit and special training, 1,424 student years.
(2) For flight training, 98 student years.
(3) For professional training in military and civilian
institutions, 283 student years.
(4) For officer acquisition, 810 student years.
(e) 2000 End-of-Year Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 38,313 as of
September 30, 2000.
(f) 2000 Military Training Student Loads.--For fiscal year 2000,
the Coast Guard is authorized average military training student loads
as follows:
(1) For recruit and special training, 1,424 student years.
(2) For flight training, 98 student years.
(3) For professional training in military and civilian
institutions, 283 student years.
(4) For officer acquisition, 825 student years.
SEC. 103. LORAN-C.
(a) Fiscal Years 1999 and 2000.--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, and $35,000,000 for
fiscal year 2000. 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) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Transportation shall report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on cost-sharing arrangements among Federal agencies for
such capital expenses related to LORAN-C navigation infrastructure,
including, but not limited to, 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 of the Service in which the
Coast Guard is operating 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.
(a) Section 93 of title 14, United States Code, is amended --
(1) by striking ``and'' after the semicolon at the end of
paragraph (u);
(2) by striking the period at the end of paragraph (v) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(w) provide for the honorary recognition of individuals
and organizations that significantly contribute to Coast Guard
programs, missions, or operations, including but not limited to
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
deemed 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. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.
Subsection 650(a) of title 14, United States Code, is amended by
striking the last sentence and inserting ``In these regulations,
whenever the fund is reduced to delete items stocked, the Secretary may
reduce the existing capital of the fund by the value of the materials
transferred to other Coast Guard accounts. Except for the materials so
transferred, the fund shall be credited with the value of materials
consumed, issued for use, sold, or otherwise disposed of, such values
to be determined on a basis that will approximately cover the cost
thereof.''.
SEC. 206. DISPOSAL OF CERTAIN MATERIAL TO COAST GUARD AUXILIARY.
(a) Section 641 of title 14, United States Code, is amended--
(1) by striking ``to the Coast Guard Auxiliary, including
any incorporated unit thereof,'' in subsection (a) ; and
(2) by adding at the end thereof the following:
``(f)(1) Notwithstanding any other law, the Commandant may directly
transfer ownership of personal property of the Coast Guard to the Coast
Guard Auxiliary (including any incorporated unit thereof), with or
without charge, if the Commandant determines--
``(A) after consultation with the Administrator of General
Services, that the personal property is excess to the needs of
the Coast Guard but is suitable for use by the Auxiliary in
performing Coast Guard functions, powers, duties, roles,
missions, or operations as authorized by law pursuant to
section 822 of this title; and
``(B) that such excess property will be used solely by the
Auxiliary for such purposes.
``(2) Upon transfer of personal property under paragraph (1), no
appropriated funds shall be available for the operation, maintenance,
repair, alteration, or replacement of such property, except as
permitted by section 830 of this title.''.
SEC. 207. 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.
``(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. 208. REPORT ON EXCESS COAST GUARD PROPERTY.
Not later than 9 months after the date of enactment of this Act,
the Administrator of the General Services 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 nonprofit 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. 209. FEES FOR NAVIGATION ASSISTANCE SERVICE.
Section 2110 of title 46, United States Code, is amended by adding
at the end thereof 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, 2000.''.
SEC. 210. AIDS TO NAVIGATION REPORT.
Not later than 18 months after the date of 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.
TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 301. 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 Incident Testing.--
(1) Chapter 23 of title 46, United States Code, is amended
by inserting after section 2303 the following:
``Sec. 2303a. Post serious marine incident alcohol testing
``(a) The Secretary shall establish procedures to ensure that after
a serious marine incident 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 incident is
conducted no later than 2 hours after the incident occurs, unless such
testing cannot be completed within that time due to safety concerns
directly related to the incident.
``(b) The procedures in subsection (a) shall require that if
alcohol testing cannot be completed within 2 hours of the occurrence of
the incident, 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 incident 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 incident alcohol testing''.
SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL CONVENTION.
Section 2302 of title 46, United States Code, is amended by adding
at the following new subsection:
``(e)(1) A vessel may not be used to transport cargoes sponsored by
the United States Government if the vessel has been detained by the
Secretary for violation of an applicable international convention to
which the United States is a party, and the Secretary has published
notice of that detention.
``(2) The prohibition in paragraph (1) expires for a vessel 1 year
after the date of the detention on which the prohibition is based or
upon the Secretary granting an appeal of the detention on which the
prohibition is based.
``(3) The Secretary may grant an exemption from the prohibition in
paragraph (1) on a case by case basis if the owner of the vessel to be
used for transport of the cargo sponsored by the United States
Government can provide compelling evidence that the vessel was detained
due to circumstances beyond the owner's control and that the vessel is
currently in compliance with applicable international conventions to
which the United States is a party.
``(4) As used in this subsection, the term `cargo sponsored by the
United States Government' means cargo for which a Federal agency
contracts directly for shipping by water or for which (or the freight
of which) a Federal agency provides financing, including financing by
grant, loan, or loan guarantee, resulting in shipment of the cargo by
water.''.
SEC. 303. 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. 304. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is
amended by striking subsection (e) and by redesignating subsection (f)
as subsection (e).
SEC. 305. 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 5928 of December 27, 1988.''.
(b) Subtitle II of title 46.--
(1) Section 2101 of title 46, United States Code, is
amended--
(A) by redesignating paragraph (17a) as paragraph
(17b); and
(B) by inserting after paragraph (17) the
following:
``(17a) `navigable waters of the United States' includes
all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.''.
(2) Section 2301 of that title is amended by inserting
``(including the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988)'' after ``of the United States''.
(3) Section 4102(e) of that title is amended by striking
``operating on the high seas'' and inserting ``owned in the
United States and operating beyond 3 nautical miles from the
baselines from which the 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 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. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.
(a) In General.--Chapter 32 of title 46, United States Code, is
amended by adding at the end thereof the following:
``Sec. 3206. Report and policy.
``(a) Report on Implementation and Enforcement of the International
Safety Management Code.--
``(1) The Secretary shall conduct a study--
``(A) reporting on the status of implementation of
the International Safety Management Code (hereinafter
referred to in this section as `Code');
``(B) detailing enforcement actions involving the
Code, including the role documents and reports produced
pursuant to the Code play in such enforcement actions;
``(C) evaluating the effects the Code has had on
marine safety and environmental protection, and
identifying actions to further promote marine safety
and environmental protection through the Code;
``(D) identifying actions to achieve full
compliance with and effective implementation of the
Code; and
``(E) evaluating the effectiveness of internal
reporting and auditing under the Code, and recommending
actions to ensure the accuracy and candidness of such
reporting and auditing. These recommended actions may
include proposed limits on the use in legal proceedings
of documents produced pursuant to the Code.
``(2) The Secretary shall provide opportunity for the
public to participate in and comment on the study conducted
under paragraph (1).
``(3) Not later than 18 months after the date of enactment
of the Coast Guard Authorization Act for Fiscal Years 1998,
1999, and 2000, the Secretary shall submit to the Congress a
report on the results of the study conducted under paragraph
(1).
``(b) Policy.--
``(1) Not later than 9 months after submission of the
report in subsection (a)(3), the Secretary shall develop a
policy to achieve full compliance with and effective
implementation of the Code. The policy may include--
``(A) enforcement penalty reductions and waivers,
limits on the use in legal proceedings of documents
produced pursuant to the Code, or other incentives to
ensure accurate and candid reporting and auditing;
``(B) any other measures to achieve full compliance
with and effective implementation of the Code; and
``(C) if appropriate, recommendations to Congress
for any legislation necessary to implement one or more
elements of the policy.
``(2) The Secretary shall provide opportunity for the
public to participate in the development of the policy in
paragraph (1).
``(3) Upon completion of the policy in paragraph (1), the
Secretary shall publish the policy in the Federal Register and
provide opportunity for public comment on the policy.''.
(b) Clerical Amendment.--The chapter analysis for chapter 32 of
title 46, United States Code, is amended by inserting after the item
relating to section 3205 the following:
``3206. Report and 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, but not limited to, petroleum, fuel oil, sludge, oil
refuse, and oil mixed with wastes other than dredged spoil, but
does not include any substance which is specifically listed or
designated as a hazardous substance under subparagraphs (A)
through (F) of section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601) and which is subject to the provisions of that
Act;''.
(b) Report.--Not later than 6 months after the date of 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 Clean Water 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 and other interested Federal agencies and departments,
establish a task force to assess the adequacy of the nation's marine
transportation system (ports, waterways, 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 non-Federal entities as the Secretary deems
appropriate.
(2) The provisions of the Federal Advisory Committee Act
shall not apply to the task force.
(c) Assessment.--
(1) In carrying out the assessment under this section, the
task force shall examine critical issues and develop
strategies, recommendations, and a plan for action. Pursuant to
such examination and development, the task force shall--
(A) take into account the capability of the marine
transportation system 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; and
(C) sponsor public and private sector activities to
further refine and implement the strategies,
recommendations, and plan for action.
(2) The Secretary shall report to Congress on the results
of the assessment no later than March 31, 1999. The report
shall reflect the views of both the public and private sectors.
The Task Force shall cease to exist upon submission of the
report in this paragraph.
SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR RECREATIONAL VESSELS.
The Secretary of Transportation, through the Coast Guard and in
consultation with the National Transportation Safety Board and
recreational boating organizations, shall, within 24 months of the date
of enactment of this Act, assess and report to Congress on the use of
emergency position indicating beacons (EPIRBs) and similar devices by
the operators of recreational vessels. 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 after the date of enactment of this Act,
the Commandant shall submit a report to the Senate Committee on
Commerce, Science, and Transportation--
(1) identifying waters out to 50 miles from the territorial
sea of Maine or other States that cannot currently be served by
a Coast Guard search and rescue helicopter within 2 hours of a
report of distress or request for assistance from such waters;
(2) providing options for ensuring that all waters of the
area referred to in paragraph (1) can be served by a Coast
Guard search and rescue helicopter within 2 hours of a report
of distress or request for assistance from such waters;
(3) providing an analysis assessing the overall capability
of Coast Guard search and rescue assets to serve each area
referred to in paragraph (1) within 2 hours of a report of
distress or request for assistance from such waters; and
(4) identifying, among any other options the Commandant may
provide as required by paragraph (2), locations in the State of
Maine that may be suitable for the stationing of a Coast Guard
search and rescue helicopter and crew, including any Coast
Guard facility in Maine, the Bangor Air National Guard Base,
and any other locations.
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) In general.--Not later than December 31, 1998,
the Secretary shall promulgate regulations for towing
vessel and barge safety for the waters of the
Northeast.
(B) Incorporation of recommendations.--
(i) In general.--Except as provided in
clause (ii), the regulations promulgated under
this paragraph shall give full consideration to
each of the recommendations for regulations
contained in the report entitled ``Regional
Risk Assessment of Petroleum Transportation in
the Waters of the Northeast United States''
issued by the Regional Risk Assessment Team for
the First Coast Guard District on February 6,
1997, and the Secretary shall provide a
detailed explanation if any recommendation is
not adopted.
(ii) Excluded recommendations.--The
regulations promulgated under this paragraph
shall not incorporate any recommendation
referred to in clause (i) that relates to
anchoring or barge retrieval systems.
(2) Anchoring and barge retrieval systems.--
(A) In general.--Not later than November 30, 1998,
the Secretary shall promulgate regulations under
section 3719 of title 46, United States Code, for the
waters of the Northeast, that shall give full
consideration to each of the recommendations made in
the report referred to in paragraph (1)(B)(i) relating
to anchoring and barge retrieval systems, and the
Secretary shall provide a detailed explanation if any
recommendation is not adopted.
(B) Rule of construction.--Nothing in subparagraph
(A) prevents the Secretary from promulgating interim
final regulations that apply throughout the United
States relating to anchoring and barge retrieval
systems that contain requirements that are as stringent
as the requirements of the regulations promulgated
under subparagraph (A).
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, as amended
(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 consultation 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).''.
SEC. 314. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.
(a) In general.--
(1) Subject to subsection (b), the Secretary of
Transportation shall implement and enforce the United States
Coast Guard 1997 Enforcement Policy for Cargo Residues on the
Great Lakes (hereinafter referred to as ``Policy'') for the
purpose of regulating incidental discharges from vessels of
residues of dry bulk cargo into the waters of the Great Lakes
under the jurisdiction of the United States.
(2) Any discharge under this section shall comply with all
terms and conditions of the Policy.
(b) Expiration of interim authority.--The Policy shall cease to
have effect on the date which is the earliest of--
(1) the date that legislation 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;
(2) the date that regulations authorized under existing law
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 are
promulgated; or
(3) September 30, 2000.
TITLE IV--MISCELLANEOUS
SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.
(a) In General.--Chapter 121 of title 46, United States Code, is
amended--
(1) by striking ``or is not titled in a State'' in section
12102(a);
(2) by adding at the end thereof the following:
``Sec. 12124. Surrender of title and number
``(a) A documented vessel shall not be titled by a State or
required to display numbers under chapter 123, and any certificate of
title issued by a State for a documented vessel shall be surrendered in
accordance with regulations prescribed by the Secretary of
Transportation.
``(b) The Secretary may approve the surrender under subsection (a)
of a certificate of title for a vessel covered by a preferred mortgage
under section 31322(d) of this title only if the mortgagee consents.''.
(b) Conforming Amendment.--The chapter analysis for chapter 121 of
title 46, United States Code, is amended by adding at the end thereof
the following:
``12124. Surrender of title and number''.
(c) Other Amendments.--Title 46, United States Code, is amended--
(1) by striking section 31322(b) and inserting the
following:
``(b) Any indebtedness secured by a preferred mortgage that is
filed or recorded under this chapter, or that is subject to a mortgage,
security agreement, or instruments granting a security interest that is
deemed to be a preferred mortgage under subsection (d) of this section,
may have any rate of interest to which the parties agree.'';
(2) by striking ``mortgage or instrument'' each place it
appears in section 31322(d)(1) and inserting ``mortgage,
security agreement, or instrument'';
(3) by striking section 31322(d)(3) and inserting the
following:
``(3) A preferred mortgage under this subsection continues
to be a preferred mortgage even if the vessel is no longer
titled in the State where the mortgage, security agreement, or
instrument granting a security interest became a preferred
mortgage under this 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 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) Long Branch Rear Range Light, located in
Jacksonville, Florida, to Jacksonville University,
Florida.
(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.
(2) Identification of property.--The Commandant or
Administrator, as appropriate, may identify, describe, and
determine the property to be conveyed under this subsection.
(3) Exception.--The Commandant or Administrator, as
appropriate, may not convey any historical artifact, including
any lens or lantern, located on the property at or before the
time of the conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the
Commandant or the Administrator, as appropriate, may
consider, including the reservation of easements and
other rights on behalf of the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be used as a nonprofit center
for public benefit for the interpretation and
preservation of maritime history;
(ii) ceases to be maintained in a manner
that is consistent with its present or future
use as a site for Coast Guard aids to
navigation or compliance with this Act; or
(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (5)
established by the Commandant or the
Administrator, as appropriate, pursuant to the
National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the
Commandant or the Administrator, as appropriate,
provides written notice to the owner that the property
is needed for national security purposes.
(3) Maintenance of navigation functions.--The conveyance of
property under this section shall be made subject to the
conditions that the Commandant or Administrator, as
appropriate, considers to be necessary to assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States for as long as they are
needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to
navigation without express written permission from the
Commandant or Administrator, as appropriate;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property conveyed
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating, maintaining and inspecting aids
to navigation, and for the purpose of enforcing
compliance with subsection (b); and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Obligation limitation.--The owner of the property is
not required to maintain any active aid to navigation equipment
on the property, except private aids to navigation permitted
under section 83 of title 14, United States Code.
(5) Maintenance of property.--The owner of the property
shall maintain the property in a proper, substantial, and
workmanlike manner, and in accordance with any conditions
established by the Commandant or the Administrator, as
appropriate, pursuant to the National Historic Preservation Act
of 1966 (16 U.S.C. 470 et seq.), and other applicable laws.
(c) Definitions.--In this section:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including but not
limited to, a light, antenna, sound signal, electronic
navigation equipment, or other associated equipment which are
operated or maintained by the United States.
(2) Owner.--The term ``owner'' means the person identified
in subsection (a)(1), and includes any successor or assign of
that person.
(3) Delta County Historical Society.--The term ``Delta
County Historical Society'' means the Delta County Historical
Society (a nonprofit corporation established under the laws of
the State of Michigan, its parent organization, or subsidiary,
if any).
(4) Dunkirk Historical Lighthouse and Veterans' Park
Museum.--The term ``Dunkirk Historical Lighthouse and Veterans'
Park Museum'' means Dunkirk Historical Lighthouse and Veterans'
Park Museum located in Dunkirk, New York, or, if appropriate as
determined by the Commandant, the Chautauqua County Armed
Forces Memorial Park Corporation, New York.
(d) 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. 403. ADMINISTRATIVE AUTHORITY TO CONVEY LIGHTHOUSES.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end thereof the following:
``Sec. 675. ADMINISTRATIVE AUTHORITY TO CONVEY LIGHTHOUSES.
``(a) Notification.--Not less than one 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 (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 in which the lighthouse or light station is
located that such property is excess to the needs of the Coast Guard.
``(b) Administrative Authority to Convey.--
``(1) Prior to reporting to the General Services
Administration that a lighthouse or light station is excess to
the needs of the Coast Guard, 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 such
lighthouse or light station and associated real property to the
State in which the lighthouse or light station is located, a
local government in that State, or a nonprofit organization
dedicated to lighthouse, historic, or maritime heritage
preservation located in that State.
``(c) 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 may consider, including the reservation of
easements and other rights on behalf of the United
States.
``(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States if--
``(A) the property, or any part of the property--
``(i) ceases to be used as a nonprofit
center for public benefit for the
interpretation and preservation of maritime
history;
``(ii) ceases to be maintained in a manner
that is consistent with its present or future
use as a site for Coast Guard aids to
navigation or compliance with this Act; or
``(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (5)
established by the Commandant 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 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 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;
``(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.''.
(b) Clerical Amendment.--The chapter analysis for chapter 17 of
title 14, United States Code, is amended by adding at the end thereof
the following:
``Sec. 675. Administrative authority to convey lighthouses.''.
SEC. 404. 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.
(c) Reversionary Interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that all
right, title, and interest in such property shall immediately revert to
the United States if--
(1) the property, or any part thereof, ceases to be owned
and used by the Town;
(2) the Town fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(b); or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property conveyed
is needed for national security purposes.
SEC. 405. 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. 406. CONVEYANCE OF COAST GUARD STATION OCRACOKE, NORTH CAROLINA.
(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 of America in and to
the Coast Guard Station Ocracoke, North Carolina, to the State
of North Carolina unless the Commandant, or his delegate, in
his sole discretion determines that the conveyance would not
provide a public benefit.
(2) Identification of Property.--The Commandant may
identify, describe, and determine the property to be conveyed
under this section.
(b) Terms and Conditions.--The conveyance of any property under
this section shall be made--
(l) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) Easements.--The Commandant may reserve utility,
access, and any other appropriate easements upon the
property to be conveyed for the purpose of--
(i) use of the access road to the boat
launching ramp;
(ii) use of the boat launching ramp; and
(iii) use of pier space for necessary Coast
Guard vessel assets (including water and
electrical power);
(B) Maintenance.--The State shall, at its own cost
and expense, maintain the property conveyed under this
section in a proper, substantial, and workmanlike
manner necessary for the use of any easements created
under subparagraph (A) and to comply with maintenance
conditions established for property prior to transfer
and pursuant to the National Historic Preservation Act
of 1966 (16 U.S.C. 470 et seq) and other applicable
laws; and
(C) Other.--Any other terms and conditions the
Commandant may consider appropriate to protect the
interests of the United States.
(c) Reversionary Interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that all
right, title, and interest in such property shall immediately revert to
the United States if--
(1) the property, or any part thereof, ceases to be owned
and used by the State;
(2) the State fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(b); or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the State that the property conveyed
is needed for national security purposes.
SEC. 407. 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.--
(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. 408. 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 may dispose of all
right, title, and interest of the United States in and to that
property, by sale, at fair market value unless the Commandant,
or his delegate, in his sole discretion determines that the
sale would not provide a public benefit.
(b) Right of First Refusal.--Before a sale is made under section
(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.
SEC. 409. 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 California; in this section referred to as ``the recipient''),
without consideration, if--
(1) the recipient agrees--
(A) to use the vessel for purposes of providing
medical services to Central and South Pacific island
nations;
(B) not to use the vessel for commercial
transportation purposes except those incident to the
provisions of those medical services;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant
in times of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising
from the use by the Government under paragraph (1)(C);
(2) the recipient has funds available that will be
committed to operate and maintain each vessel conveyed in good
working condition, in the form of cash, liquid assets, or a
written loan commitment, and in the amount of at least $400,000
per vessel; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessels.--Prior to conveyance of a
vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the vessel under this section shall not
be considered a distribution in commerce for purposes of section 6(e)
of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of a vessel under this section any excess equipment or parts
from other decommissioned Coast Guard vessels for use to enhance the
vessel's operability and function as a medical services vessel in
Central and South Pacific Islands.
SEC. 410. 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. 411. 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. 412. 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. 413. SANCTIONS FOR FAILURE TO LAND OR TO HEAVE TO; SANCTIONS FOR
OBSTRUCTION OF BOARDING AND PROVIDING FALSE INFORMATION.
(a) In General.--Chapter 109 of title 18, United States Code, is
amended by adding at the end new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to land or to heave to; sanctions
for obstruction of boarding and providing false
information
``(a)(1) It shall be unlawful for the pilot, operator, or person in
charge of an aircraft which has crossed the border of the United
States, or an aircraft subject to the jurisdiction of the United States
operating outside the United States, to knowingly fail to obey an order
to land by an authorized Federal law enforcement officer who is
enforcing the laws of the United States relating to controlled
substances, as that term is defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)), or relating to money laundering
(sections 1956-57 of this title).
``(2) The Administrator of the Federal Aviation Administration, in
consultation with the Commissioner of Customs and the Attorney General,
shall prescribe regulations governing the means by, and circumstances
under which, a Federal law enforcement officer may communicate an order
to land to a pilot, operator, or person in charge of an aircraft. Such
regulations shall ensure that any such order is clearly communicated in
accordance with applicable international standards. Further, such
regulations shall establish guidelines based on observed conduct, prior
information, or other circumstances for determining when an officer may
use the authority granted under paragraph (1).
``(b)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States or a vessel subject to the
jurisdiction of the United States, to knowingly fail to obey an order
to heave to that vessel on being ordered to do so by an authorized
Federal law enforcement officer.
``(2) It shall be unlawful for any person on board a vessel of the
United States or a vessel subject to the jurisdiction of the United
States to--
``(A) fail to comply with an order of an authorized Federal
law enforcement officer in connection with the boarding of the
vessel;
``(B) impede or obstruct a boarding or arrest or other law
enforcement action authorized by any Federal law; or
``(C) provide false information to a Federal law
enforcement officer during a boarding of a vessel regarding the
vessel's destination, origin, ownership, registration,
nationality, cargo, or crew.
``(c) This section does not limit in any way the preexisting
authority of a customs officer under section 581 of the Tariff Act of
1930 or any other provision of law enforced or administered by the
Customs Service, or the preexisting authority of any Federal law
enforcement officer under any law of the United States to order an
aircraft to land or a vessel to heave to.
``(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by radio, telephone, or similar oral or electronic means.
Consent or waiver is conclusively proven by certification of the
Secretary of State or the Secretary's designee.
``(e) For purposes of this section--
``(1) a `vessel of the United States' and a `vessel subject
to the jurisdiction of the United States' have the meaning set
forth for these terms in the Maritime Drug Law Enforcement Act
(46 App. U.S.C. 1903);
``(2) an aircraft `subject to the jurisdiction of the
United States' includes--
``(A) an aircraft located over the United States or
the customs waters of the United States;
``(B) an aircraft located in the airspace of a
foreign nation, where that nation consents to the
enforcement of United States law by the United States;
and
``(C) over the high seas, an aircraft without
nationality, an aircraft of United States registry, or
an aircraft registered in a foreign nation that has
consented or waived objection to the enforcement of
United States law by the United States;
``(3) an aircraft `without nationality' includes--
``(A) an aircraft aboard which the pilot, operator,
or person in charge makes a claim of registry, which
claim is denied by the nation whose registry is
claimed; and
``(B) an aircraft aboard which the pilot, operator,
or person in charge fails, upon request of an officer
of the United States empowered to enforce applicable
provisions of United States law, to make a claim of
registry for that aircraft;
``(4) the term `heave to' means to cause a vessel to slow
or come to a stop to facilitate a law enforcement boarding by
adjusting the course and speed of the vessel to account for the
weather conditions and sea state; and
``(5) the term `Federal law enforcement officer' has the
meaning set forth in section 115 of this title.
``(f) Any person who intentionally violates the provisions of this
section shall be subject to--
``(1) imprisonment for not more than 3 years; or
``(2) a fine as provided in this title;
or both.
``(g) An aircraft that is used in violation of this section may be
seized and forfeited. A vessel that is used in violation of subsection
(b)(1) or subsection (b)(2)(A) may be seized and forfeited. The laws
relating to the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale thereof, the
remission or mitigation of such forfeitures, and the compromise of
claims, shall apply to seizures and forfeitures undertaken, or alleged
to have been undertaken, under any of the provisions of this section;
except that such duties as are imposed upon the customs officer or any
other person with respect to the seizure and forfeiture of property
under the customs laws shall be performed with respect to seizures and
forfeitures of property under this section by such officers, agents, or
other persons as may be authorized or designated for that purpose. A
vessel or aircraft that is used in violation of this section is also
liable in rem for any fine or civil penalty imposed under this
section.''.
(b) Clerical Amendment.--The chapter analysis for chapter 109 of
title 18, United States Code, is amended by inserting the following new
item after the item for section 2236:
``2237. Sanctions for failure to land or to heave to; sanctions for
obstruction of boarding or providing false
information.''.
SEC. 414. DREDGE CLARIFICATION.
Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is
amended by adding at the end thereof the following:
``(3) A vessel--
``(A) configured, outfitted, and operated primarily
for dredging operations; and
``(B) engaged in dredging operations which
transfers fuel to other vessels engaged in the same
dredging operations without charge.''.
SEC. 415. 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) 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 7 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) 3 members who are practicing Great Lakes pilots and
who reflect a regional balance;
``(B) 1 member representing the interests of vessel
operators that contract for Great Lakes pilotage services;
``(C) 1 member representing the interests of Great Lakes
ports;
``(D) 1 member representing the interests of shippers whose
cargoes are transported through Great Lakes ports; and
``(E) 1 member representing the interests of the general
public, who is an independent expert on the Great Lakes
maritime industry.
``(c)(1) The Committee shall elect one of its members as the
Chairman and one of its members as the Vice Chairman. The Vice Chairman
shall act as Chairman in the absence or incapacity of the Chairman, or
in the event of a vacancy in the office of the Chairman.
``(2) The Secretary shall, and any other interested agency may,
designate a representative to participate as an observer with the
Committee. The representatives shall, as appropriate, report to and
advise the Committee on matters relating to Great Lakes pilotage. The
Secretary's designated representative shall act as the executive
secretary of the Committee and shall perform the duties set forth in
section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
``(d)(1) The Secretary shall, whenever practicable, consult with
the Committee before taking any significant action relating to Great
Lakes pilotage.
``(2) The Secretary shall consider the information, advice, and
recommendations of the Committee in formulating policy regarding
matters affecting Great Lakes pilotage.
``(e)(1) A member of the Committee, when attending meetings of the
Committee or when otherwise engaged in the business of the Committee,
is entitled to receive--
``(A) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic pay
in effect for GS-18 of the General Schedule under section 5332
of title 5 including travel time; and
``(B) travel or transportation expenses under section 5703
of title 5.
``(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. 416. 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
employment in the coastwise trade for each of the following vessels:
(1) MIGHTY JOHN III (formerly the NIAGRA QUEEN), Canadian
official number 318746.
(2) DUSKEN IV, United States official number 952645.
(3) SUMMER BREEZE, United States official number 552808.
(4) ARCELLA, United States official number 1025983.
(5) BILLIE-B-II, United States official number 982069.
(6) VESTERHAVET, United States official number 979206.
(7) BETTY JANE, State of Virginia registration number VA
7271 P.
(8) VORTICE, Bari, Italy, registration number 256, if the
vessel meets the ownership requirements of section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802).
(9) The barge G. L. 8, Canadian official number 814376.
(10) FOILCAT, United States official number 1063892.
(11) YESTERDAYS DREAM, United States official number
680266.
(12) ENFORCER, United States official number 502610.
(13) The vessel registered as State of Oregon registration
number OR 766 YE.
(14) AMICI, United States official number 658055.
(15) ELIS, United States official number 628358.
(16) STURE, United States official number 617703.
(17) CAPT GRADY, United States official number 626257.
(18) Barge number 1, United States official number 933248.
(19) Barge number 2, United States official number 256944.
(20) Barge number 14, United States official number 501212.
(21) Barge number 18, United States official number 297114.
(22) Barge number 19, United States official number 503740.
(23) Barge number 21, United States official number 650581.
(24) Barge number 22, United States official number 650582.
(25) Barge number 23, United States official number 650583.
(26) Barge number 24, United States official number 664023.
(27) Barge number 25, United States official number 664024.
(28) Barge number 26, United States official number 271926.
(29) PACIFIC MONARCH, United States official number 557467.
(30) FULL HOUSE, United States official number 1023827.
(31) W.G. JACKSON, United States official number 1047199.
(32) EMBARCADERO, United States official number 669327.
(33) S.A., British Columbia, Canada official number 195214.
(34) FAR HORIZONS, United States official number 1044011.
(35) LITTLE TOOT, United States official number 938858.
(36) TURMOIL, British official number 726767.
(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) Termination.--The endorsement issued under subsection (a)(10)
shall terminate on the last day of the 36th month beginning after the
date on which it was issued.
(d) Nina, Pinta, and Santa Maria Replicas.--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 and
12108 of title 46, United States Code, the Secretary of Transportation
may authorize employment in the coastwise trade for the purpose of
carrying passengers for hire for each of the following vessels while
the vessel is operated by the las Carabelas Columbus Fleet Association
under the terms of its agreement of May 6, 1992, with the Sociedad
Estatal para la Ejucucion de Programas y Actuaciones Conmeroratives del
Quinto Centario del Descubrimiento de America, S.A., and the Spain '92
Foundation:
(1) NINA, United States Coast Guard vessel identification
number CG034346;
(2) PINTA, United States Coast Guard vessel identification
number CG034345; and
(3) NAO SANTA MARIA, United States Coast Guard vessel
identification number CG034344.
(e) Barge APL-60.--
(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 for the barge APL-60 (United States
official number 376857).
(2) Limitations.--The vessel described in paragraph (1) of
this subsection 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.
(3) Termination.--A coastwise endorsement issued under
paragraph (1) shall terminate on the earlier of--
(A) the completion of the final coastwise trade
voyage associated with the ship disposal initiative
described in paragraph (2); or
(B) the sale or transfer of the vessel described in
paragraph (1) to an owner other than the owner of the
vessel as of October 1, 1998.
SEC. 417. 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 thereof 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 sections 101 and 311 of the Clean
Water Act (33 U.S.C. 1251 and 1321), the intent of this study
is to establish an equivalency evaluation procedure that
maintains a high standard of environmental protection, while
encouraging innovative ship design. The study shall include:
``(i) development of a generalized cost spill data
base, which includes all relevant costs such as clean-
up costs and environmental impact costs as a function
of spill size;
``(ii) refinement of the probability density
functions used to establish the extent of vessel
damage, based on the latest available historical damage
statistics, and current research on the crash
worthiness of tank vessel structures;
``(iii) development of a rationally based approach
for calculating an environmental index, to assess
overall outflow performance due to collisions and
groundings; and
``(iv) application of the proposed index to double
hull tank vessels and alternative designs currently
under consideration.
``(B) A Marine Board committee shall be established not
later that 2 months after the date of enactment of the Coast
Guard Authorization Act for Fiscal Years 1998, 1999, and 2000.
The Secretary of Transportation shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure in the House of
Representatives a report on the results of the study not later
than 12 months after the date of enactment of the Coast Guard
Authorization Act for Fiscal Years 1998, 1999, and 2000.
``(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. 418. REPORT ON MARITIME ACTIVITIES.
Section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118)
is amended by striking ``each year,'' and inserting ``of each odd-
numbered year,''.
SEC. 419. 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 thereof 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 one year of United States-flag liner vessels
which are eligible to be included in the Maritime Security Fleet
Program and are enrolled in an Emergency Preparedness Program pursuant
to subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1187 et seq.), to which it charters or subcharters the United
States-flag vessel or space on the United States-flag vessel that such
charterer or subcharterer may not use or make available space on the
vessel for the carriage of cargo reserved by law for United States-flag
vessels.''.
(b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. App.
1709(c)(6)) is amended by inserting ``authorized by section 5(g) of
this Act, or as'' before ``otherwise''.
(c) Nothing in this section shall affect or in any way diminish the
authority or effectiveness of orders issued by the Maritime
Administration pursuant to sections 9 and 41 of the Shipping Act, 1916
(46 U.S.C. App. 808 and 839).
SEC. 420. REPORT ON SWATH TECHNOLOGY.
The Commandant of the Coast Guard shall, within 18 months after the
date of 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.
SEC. 421. REPORT ON TONNAGE CALCULATION METHODOLOGY.
The Administrator of the Panama Canal Commission shall, within 90
days of the date of 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. The report
shall also include an explanation as to why the 8.02 percent
coefficient was determined to be the upper limit and maximum cap for
on-deck container capacity, and why any increase in that coefficient
would be inappropriate.
SEC. 422. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL,
AMERICAN VICTORY.
(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 the vessel S.S. AMERICAN VICTORY (United States
official number 248005) to The Victory Ship, Inc., located in Tampa,
Florida (in this section referred to as the ``recipient''), and the
recipient may use the vessel 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 the 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 the 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. 423. 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 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. 424. AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED OFFICERS.
(a) Section 2 of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (33 U.S.C. 853a) is amended--
(1) by redesignating subsections (a) through (e) as
subsections (b) through (f), respectively; and
(2) by inserting before subsection (b), as redesignated,
the following:
``(a)(1) Except as provided in paragraph (2), there are authorized
to be not less than 264 and not more than 299 commissioned officers on
the active list of the National Oceanic and Atmospheric Administration
for fiscal years 1999, 2000, 2001, 2002, and 2003.
``(2) The Administrator may reduce the number of commissioned
officers on the active list below 264 if the Administrator determines
that it is appropriate, taking into consideration--
``(A) the number of billets on the vessels and aircraft
owned and operated by the Administration;
``(B) the need of the Administration to collect high-
quality oceanographic, fisheries, hydrographic, and atmospheric
data and information on a continuing basis;
``(C) the need for effective and safe operation of the
Administration's vessels and aircraft;
``(D) the need for effective management of the commissioned
Corps; and
``(E) the protection of the interests of taxpayers.
``(3) At least 90 days before beginning any reduction as described
in paragraph (2), the Administrator shall provide notice of such
reduction to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives.''.
(b) Section 24(a) of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by inserting ``One
such position shall be appointed from the officers on the active duty
promotion list serving in or above the grade of captain, and who shall
be responsible for administration of the commissioned officers, and for
oversight of the operation of the vessel and aircraft fleets, of the
Administration.'' before ``An officer''.
(c) The Secretary of Commerce immediately shall relieve the
moratorium on new appointments of commissioned officers to the National
Oceanic and Atmospheric Administration Corps.
SEC. 425. 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 United States 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 at
least 90 days before approving such recognition.
SEC. 426. MARINE TRANSPORTATION FLEXIBILITY.
(a) In General.--Section 218 of title 23, United States Code, is
amended--
(1) by striking ``the south Alaskan border'' in the first
sentence of subsection (a) and inserting ``Haines'';
(2) in the third sentence by striking ``highway'' in the
third sentence of subsection (a) and inserting ``highway or the
Alaska Marine Highway System'';
(3) by striking ``any other fiscal year thereafter'' in the
fourth sentence of subsection (a) and inserting ``any other
fiscal year thereafter, including any portion of any other
fiscal year thereafter, prior to the date of the enactment of
the Transportation Equity Act for the 21st Century'';
(4) by striking ``construction of such highways until an
agreement'' in the fifth sentence of subsection (a) and
inserting ``construction of the portion of such highways that
are in Canada until an agreement''; and
(5) by inserting ``in Canada'' after ``undertaken'' in
subsection (b).
TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS
SEC. 501. FINDINGS.
The Congress finds that--
(1) current coastwise trade laws provide no administrative
authority to waive the United-States-built requirement of those
laws for the limited carriage of passengers for hire on vessels
built or rebuilt outside the United States;
(2) requests for such waivers require the enactment of
legislation by the Congress;
(3) each Congress routinely approves numerous such requests
for waiver and rarely rejects any such request; and
(4) the review and approval of such waiver requests is a
ministerial function which properly should be executed by an
administrative agency with appropriate expertise.
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.
Notwithstanding sections 12106 and 12108 of title 46, United States
Code, section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and
section 27 of the Merchant Marine Act, 1920 (46 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
passenger vessel, a small passenger vessel, or an uninspected passenger
vessel for an eligible vessel authorized to carry no more than 12
passengers for hire if the Secretary, after notice and an opportunity
for public comment, determines that the employment of the vessel in the
coastwise trade will not adversely affect--
(1) United States vessel builders; or
(2) the coastwise trade business of any person who employs
vessels built in the United States in that business.
SEC. 503. REVOCATION.
The Secretary may revoke an endorsement issued under section 502,
after notice and an opportunity for public comment, if the Secretary
determines that the employment of the vessel in the coastwise trade has
substantially changed since the issuance of the endorsement, and--
(1) the vessel is employed other than as a passenger
vessel, 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. 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) Passenger vessel, small passenger vessel; uninspected
passenger vessel; passenger for hire.--The terms ``passenger
vessel'', ``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.
TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA.
SEC. 601. SHORT TITLE.
This title may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998''.
SEC. 602. FINDINGS.
The Congress finds that--
(1) 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 U.S. 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 nontoxic 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
U.S. estuaries experience hypoxia for at least part of the year
and a 7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia;
(8) according to some scientists, a factor believed to
cause hypoxia is excessive nutrient loading into coastal
waters;
(9) there is a need to identify more workable and effective
actions to reduce nutrient loadings to coastal waters;
(10) the National Oceanic and Atmospheric Administration,
through its ongoing research, education, grant, and coastal
resource management programs, possesses a full range of
capabilities necessary to support a near and long-term
comprehensive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related programs of the
National Oceanic and Atmospheric Administration will aid in
improving the Nation's understanding and capabilities for
addressing the human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and the
National Science Foundation, along with the States, Indian
tribes, and local governments, conduct important work related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of the
National Science and Technology Council, shall establish an Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter
referred to as the ``Task Force''). The Task Force shall consist of the
following representatives from--
(1) the Department of Commerce (who shall serve as Chairman
of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Administration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Policy;
(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the President considers
appropriate.
(b) Assessment of Harmful Algal Blooms.--
(1) Not later than 12 months after the date of 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 nongovernmental organizations with expertise in coastal
zone management, shall complete and submit to the Congress an
assessment which examines the ecological and economic
consequences of harmful algal blooms, alternatives for
reducing, mitigating, and controlling harmful algal blooms, and
the social and economic costs and benefits of such
alternatives.
(2) The assessment shall--
(A) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to harmful algal
blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal States,
Indian tribes, and local governments in the prevention,
reduction, management, mitigation, and control of
harmful algal blooms and their environmental and public
health impacts.
(c) Assessment of Hypoxia.--
(1) Not later than 12 months after the date of enactment of
this title, the Task Force, in cooperation with the States,
Indian tribes, local governments, industry, agricultural,
academic institutions, and nongovernmental organizations with
expertise in watershed and coastal zone management, shall
complete and submit to the Congress an assessment which
examines the ecological and economic consequences of hypoxia in
United States Coastal waters, alternatives for reducing,
mitigating, and controlling hypoxia, and the social and
economic costs and benefits of such alternatives.
(2) The assessment shall--
(A) establish needs, priorities, and guidelines for
a peer-reviewed, inter-agency research program on the
causes, characteristics, and impacts of hypoxia;
(B) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to hypoxia; and
(C) provide for Federal cooperation and
coordination with and assistance to the States, Indian
tribes, and local governments in the prevention,
reduction, management, mitigation, and control of
hypoxia and its environmental impacts.
(e) Disestablishment of Task Force.--The President may disestablish
the Task Force after submission of the plan in section 604(d).
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Assessment Report.--Not later than May 30, 1999, the Task Force
shall complete and submit to Congress and the President an integrated
assessment of hypoxia in the northern Gulf of Mexico that examines: the
distribution, dynamics, and causes; ecological and economic
consequences; sources and loads of nutrients transported by the
Mississippi River to the Gulf of Mexico; effects of reducing nutrient
loads; methods for reducing nutrient loads; and the social and economic
costs and benefits of such methods.
(b) Submission of a Plan.--No later than March 30, 2000, the
President, in conjunction with the chief executive officers of the
States, shall develop and submit to Congress a plan, based on the
integrated assessment submitted under subsection (a), for reducing,
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In
developing such plan, the President shall consult with State, Indian
tribe, and local governments, academic, agricultural, industry, and
environmental groups and representatives. Such plan shall include
incentive-based partnership approaches. The plan shall also include the
social and economic costs and benefits of the measures for reducing,
mitigating, and controlling hypoxia. At least 90 days before the
President submits such plan to the Congress, a summary of the proposed
plan shall be published in the Federal Register for a public comment
period of not less than 60 days.
SEC. 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, $25.5 million in each of fiscal years 1999, 2000, and 2001, to
remain available until expended. The Secretary shall consult with the
States on a regular basis regarding the development and implementation
of the activities authorized under this section. Of such amounts for
each fiscal year--
(1) $5,000,000 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) $7,000,000 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) $3,000,000 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 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;
(5) $5,000,000 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. 606. AMENDMENT TO NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Section 212(a) of the National Sea Grant College Program Act (33
U.S.C. 1131(a)) is amended by striking paragraph (2)(C) and inserting
the following:
``(C) up to $3,000,000 may be made available for
competitive grants for university research, education,
training, and advisory services on Pfiesteria piscicida
and other harmful algal blooms.''.
SEC. 607. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT.
Section 318(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1464 (a)) is amended by adding at the end thereof the following:
``(3) up to $2,000,000 for fiscal years 1999 and 2000 for
technical assistance under section 310 to support State
implementation and analysis of the effectiveness of measures to
prevent, reduce, mitigate, or control harmful algal blooms and
hypoxia.''.
SEC. 608. 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.
TITLE VII--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. 701. 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).
``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.''.
Attest:
Secretary.
105th CONGRESS
2d Session
H. R. 2204
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