[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2204 Placed on Calendar Senate (PCS)]
Calendar No. 221
105th CONGRESS
1st Session
H. R. 2204
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 1998 and 1999 for the
Coast Guard, and for other purposes.
_______________________________________________________________________
October 22, 1997
Received; read twice and placed on the calendar
Calendar No. 221
105th CONGRESS
1st Session
H. R. 2204
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 22, 1997
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 1998 and 1999 for the
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
1997''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD MANAGEMENT
Sec. 201. Removal of cap on warrant officer severance pay.
Sec. 202. Authority to implement awards programs.
TITLE III--MARINE SAFETY
Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a
vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
TITLE IV--MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility,
Jacksonville, Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Coast Guard facility in Nahant, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University
in Jacksonville, Florida.
Sec. 408. Penalty for violation of international safety convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station, Boston Marshfield
Receiver Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill
prevention and response activities.
Sec. 412. Vessel deemed to be a recreational vessel.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North
Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie,
Michigan.
Sec. 415. Dry bulk cargo residue.
Sec. 416. Maintenance of foghorns.
Sec. 417. Conveyance of Eagle Harbor Light Station.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of
the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) for fiscal year 1998, $2,790,700,000; and
(B) for fiscal year 1999, $2,854,700,000; of which
$25,000,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto--
(A) for fiscal year 1998, $401,000,000, of which
$2,000,000 shall be made available for concept
evaluation for a replacement vessel for the Coast Guard
icebreaker MACKINAW, which concept evaluation shall be
transmitted to the Congress not later than April 1,
1998; and
(B) for fiscal year 1999, $440,000,000;
to remain available until expended, of which $20,000,000 shall
be derived each fiscal year from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness--
(A) for fiscal year 1998, $19,500,000; and
(B) for fiscal year 1999, $19,000,000;
to remain available until expended, of which $3,500,000 shall
be derived each fiscal year from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code--
(A) for fiscal year 1998, $652,000,000; and
(B) for fiscal year 1999, $692,000,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) for fiscal year 1998, $17,300,000; and
(B) for fiscal year 1999, $20,000,000,
to remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $21,000,000 for each of
fiscal years 1998 and 1999, to remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of--
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training--
(A) for fiscal year 1998, 1,424 student years; and
(B) for fiscal year 1999, 1,424 student years.
(2) For flight training--
(A) for fiscal year 1998, 98 student years; and
(B) for fiscal year 1999, 98 student years.
(3) For professional training in military and civilian
institutions--
(A) for fiscal year 1998, 283 student years; and
(B) for fiscal year 1999, 283 student years.
(4) For officer acquisition--
(A) for fiscal year 1998, 814 student years; and
(B) for fiscal year 1999, 810 student years.
TITLE II--COAST GUARD MANAGEMENT
SEC. 201. REMOVAL OF CAP ON WARRANT OFFICER SEVERANCE PAY.
Section 286a(d) of title 14, United States Code, is amended by
striking the last sentence.
SEC. 202. AUTHORITY TO IMPLEMENT AWARDS PROGRAMS.
Section 93 of title 14, United States Code, is amended--
(1) in paragraph (s), by striking the comma at the end and
inserting a semicolon;
(2) in paragraph (t), by redesignating subparagraphs (1)
and (2) as subparagraphs (A) and (B), respectively;
(3) by redesignating paragraphs (a) through (v) in order as
paragraphs (1) through (21);
(4) by redesignating the existing text (as so amended) as
subsection (a); and
(5) by adding at the end the following new subsection:
``(b) The Commandant may provide for the honorary recognition of
individuals and organizations, including State and local governments
and commercial and nonprofit organizations, that significantly
contribute to Coast Guard programs, missions, or operations, by
awarding plaques, medals, trophies, badges, and similar items to
acknowledge that contribution.''.
TITLE III--MARINE SAFETY
SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.
(a) Ports and Waterways Safety Act.--Section 3 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) Title 46, United States Code.--Subtitle II of title 46, United
States Code, is amended as follows:
(1) In section 2101--
(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) In section 2301, 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) In section 4102(e), by striking ``on the high seas''
and inserting ``beyond 3 nautical miles from the baseline from
which the territorial sea of the United States is measured''.
(4) In section 4301(a), 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) In section 4502(a)(7), by striking ``on vessels that
operate on the high seas'' and inserting ``beyond 3 nautical
miles from the baseline from which the territorial sea of the
United States is measured''.
(6) In section 4506(b), 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 baseline
from which the territorial sea of the United States is
measured.''.
(7) In section 8502(a)(3), by striking ``not on the high
seas'' and inserting: ``not beyond 3 nautical miles from the
baseline from which the territorial sea of the United States is
measured''.
(8) In section 8503(a), 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 baseline
from which the territorial sea of the United States is
measured.''.
SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION OF A
VESSEL.
(a) In General.--Section 2302 of title 46, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 2302. Penalties for negligent operations and interfering with
safe operation'';
and
(2) in subsection (a) by striking ``that endangers'' and
inserting ``or interfering with the safe operation of a vessel,
so as to endanger''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 46, United States Code, is amended by striking the
item relating to section 2302 and inserting the following:
``2302. Penalties for negligent operations and interfering with safe
operation.''.
SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amended to read as
follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
``(a) 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.''.
TITLE IV--MISCELLANEOUS
SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.
Title 46, United States Code, is amended--
(1) in section 12102(a), by striking ``or is not titled in
a State'';
(2) in section 12301, by adding at the end the following:
``(c) A documented vessel shall not be titled by a State or
required to display numbers under this chapter, and any certificate of
title issued by a State for a documented vessel shall be surrendered in
accordance with regulations prescribed by the Secretary.
``(d) The Secretary may approve the surrender under subsection (c)
of a certificate of title covered by a preferred mortgage under section
31322(d) of this title only if the mortgagee consents.'';
(3) in section 31322--
(A) by amending subsection (b) to read as follows:
``(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 instrument 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.'';
(B) in subsection (d)(1), by striking ``mortgage or
instrument'' each place it appears and inserting
``mortgage, security agreement, or instrument'';
(C) in subsection (d)(2), by striking ``mortgages
or instruments'' and inserting ``mortgages, security
agreements, or instruments''; and
(D) in subsection (d), by amending paragraph (3) to
read as follows:
``(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.'';
and
(4) in section 31325--
(A) in subsection (b)(1), by inserting ``a vessel
titled in a State,'' after ``a vessel to be documented
under chapter 121 of this title,'';
(B) in subsection (b)(3), by inserting ``a vessel
titled in a State,'' after ``a vessel for which an
application for documentation is filed under chapter
121 of this title,''; and
(C) in subsection (c), by inserting ``a vessel
titled in a State,'' after ``a vessel to be documented
under chapter 121 of this title,''.
SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY,
JACKSONVILLE, FLORIDA.
(a) In General.--Notwithstanding any other provision of law--
(1) the land and improvements thereto comprising the Coast
Guard Reserve training facility in Jacksonville, Florida, is
deemed to be surplus property; and
(2) the Commandant of the Coast Guard shall dispose of all
right, title, and interest of the United States in and to that
property, by sale, at fair market value.
(b) Right of First Refusal.--Before a sale is made under subsection
(a) to any other person, the Commandant of the Coast Guard shall give
to the city of Jacksonville, Florida, the right of first refusal to
purchase all or any part of the property required to be sold under that
subsection.
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.
(a) General Waiver.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), and sections 12106 and 12108 of title 46,
United States Code, the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for each of
the following vessels:
(1) SEAGULL (United States official number 1038605).
(2) BAREFOOT CONTESA (United States official number
285410).
(3) PRECIOUS METAL (United States official number 596316).
(4) BLUE HAWAII (State of Florida registration number
FL0466KC).
(5) SOUTHERN STAR (United States official number 650774).
(6) KEEWAYDIN (United States official number 662066).
(7) W.G. JACKSON (United States official number 1047199).
(8) The vessel known as hopper barge E-15 (North Carolina
State official number 264959).
(9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian
registration number 318746).
(10) MAR Y PAZ (United States official number 668179).
(11) SAMAKEE (State of New York registration number NY 4108
FK).
(12) NAWNSENSE (United States official number 977593).
(13) ELMO (State of Florida registration number FL5337BG).
(14) MANA-WANUI (United States official number 286657).
(15) OLD JOE (formerly TEMPTRESS; United States official
number 991150).
(16) M/V BAHAMA PRIDE (United States official number
588647).
(17) WINDWISP (United States official number 571621).
(18) SOUTHLAND (United States official number 639705).
(19) FJORDING (United States official number 594363).
(20) M/V SAND ISLAND (United States official number
542918).
(21) PACIFIC MONARCH (United States official number
557467).
(22) FLAME (United States official number 279363).
(23) DULARGE (United States official number 653762).
(b) Ownership of Vessel PHILADELPHIA.--Notwithstanding section 2 of
the Shipping Act, 1916 (46 App. U.S.C. 802, 803) and section
12102(a)(4) of title 46, United States Code, the parent corporation of
the corporation holding title to the vessel PHILADELPHIA (United States
official number 654192) on May 3, 1995, is deemed on that date and
thereafter to be a citizen of the United States for purposes of owning
corporations whose vessels are eligible for documentation under chapter
121 of title 46, United States Code, with a coastwise endorsement, if--
(1) the chief executive officer of the parent corporation
is a citizen of the United States;
(2) the chairman of the board of directors of the parent
corporation is a citizen of the United States, and the number
of its directors who are noncitizens does not exceed a minority
of the number necessary to constitute a quorum;
(3) the parent corporation meets the stock ownership
requirements of section 2 of the Shipping Act, 1916, for
operating a vessel in the coastwise trade;
(4) the corporation holding title is otherwise eligible to
own a vessel operated in the coastwise trade; and
(5) the vessel is otherwise eligible to be operated in the
coastwise trade.
(c) SUNMAR SKY.--Section 1120(g) of the Coast Guard Authorization
Act of 1996 (Public Law 104-324; 110 Stat. 3978) is amended by
inserting ``SUNMAR SKY (United States official number 683227),'' after
``vessels''.
(d) Documentation of the Vessel PRINCE NOVA.--
(1) Documentation authorized.--Notwithstanding section 27
of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section
8 of the Act of June 19, 1886 (46 App. U.S.C. 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 PRINCE NOVA (Canadian registration number
320804).
(2) Expiration of certificate.--A certificate of
documentation issued for the vessel under paragraph (1) shall
expire unless--
(A) the vessel undergoes conversion,
reconstruction, repair, rebuilding, or retrofitting in
a shipyard located in the United States;
(B) the cost of that conversion, reconstruction,
repair, rebuilding, or retrofitting is not less than
the greater of--
(i) three times the purchase value of the
vessel before the conversion, reconstruction,
repair, rebuilding, or retrofitting; or
(ii) $4,200,000; and
(C) not less than an average of $1,000,000 is spent
annually in a shipyard located in the United States for
conversion, reconstruction, repair, rebuilding, or
retrofitting of the vessel until the total amount of
the cost required under subparagraph (B) is spent.
(e) Documentation of Vessel COLUMBUS.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), sections 12102 and 12106
of title 46, United States Code, and the endorsement limitation
in section 5501(a)(2)(B) of Public Law 102-587, and subject to
paragraph (2), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel COLUMBUS
(United States official number 590658).
(2) Limitation.--Coastwise trade referred to in paragraph
(1) may not include the transportation of dredged material from
a project in which the stated intent of the Corps of Engineers,
in its Construction Solicitation, or of another contracting
entity, is that the dredged material is to be deposited--
(A) above mean high tide for the purpose of beach
nourishment; or
(B) into a fill area for the purpose of creation of
land for an immediate use other than disposal of the
dredged material.
SEC. 404. CONVEYANCE OF COAST GUARD FACILITY IN NAHANT, MASSACHUSETTS.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to the property
comprising United States Coast Guard Recreation Facility
Nahant, Massachusetts, to the town of Nahant, Massachusetts.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this section.
(b) Terms and Conditions.--Any conveyance of property under this
section shall be made--
(1) without payment of consideration; and
(2) subject to the terms and conditions the Secretary
considers appropriate.
SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.
Notwithstanding any other provision of law, the liftbridge over the
back channel of the Schuylkill River in Philadelphia, Pennsylvania, is
deemed to unreasonably obstruct navigation for purposes of the Act
entitled ``An Act to provide for the alteration of certain bridges over
navigable waters of the United States, for the apportionment of the
cost of such alterations between the United States and the owners of
such bridges, and for other purposes'', approved June 21, 1940 (chapter
409; 33 U.S.C. 511-523), popularly known as the ``Hobbs Bridge Act''
and the ``Truman-Hobbs Bridge Act''.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE VESSELS.
Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)(2)) is amended by inserting ``including a vessel responding to
a discharge or substantial threat of a discharge of oil,'' after
``vessel,''.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE UNIVERSITY
IN JACKSONVILLE, FLORIDA.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may convey
to Jacksonville University, located in Jacksonville, Florida,
without consideration, all right, title, and interest of the
United States in and to the property comprising the Long Branch
Rear Range Light, Jacksonville, Florida.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this section.
(b) Terms and Conditions.--Any conveyance of any property under
this section shall be made--
(1) subject to the terms and conditions the Commandant may
consider appropriate; and
(2) subject to the condition that all right, title, and
interest in and to property conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by Jacksonville University.
SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION.
(a) In General.--Section 2302 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) A vessel may not transport Government-impelled cargoes
if--
``(A) the vessel has been detained by the Secretary for
violation of an international safety convention to which the
United States is a party, and the Secretary has published
notice of that detention in an electronic form, including the
name of the owner of the vessel; or
``(B) the operator of the vessel has on more than one
occasion had a vessel detained by the Secretary for violation
of an international safety convention to which the United
States is a party, and the Secretary has published notice of
that detention in an electronic form, including the name of the
owner of the vessel.
``(2) The prohibition in paragraph (1) expires for a vessel on the
earlier of--
``(A) 1 year after the date of the publication in
electronic form on which the prohibition is based; or
``(B) any date on which the owner or operator of the vessel
prevails in an appeal of the violation on which the detention
is based.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect January 1, 1998.
SEC. 409. COAST GUARD CITY, USA.
The community of Grand Haven, Michigan, shall be recognized as
``Coast Guard City, USA''.
SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD
RECEIVER SITE, MASSACHUSETTS.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation 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.
(2) Limitation.--The Secretary 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 Secretary may
identify, describe, and determine the property to be conveyed
to the Town under this section.
(B) The Secretary shall determine the exact acreage and
legal description of the property to be conveyed under this
section by a survey satisfactory to the Secretary. 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 Secretary 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 Secretary
considers appropriate to protect the interests of the
United States.
SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN OIL SPILL
PREVENTION AND RESPONSE ACTIVITIES.
(a) Clarification of Liability for Preventing Substantial Threat of
Discharge.--Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended--
(1) in subsection (a)(8) by striking ``to minimize or
mitigate damage'' and inserting ``to prevent, minimize, or
mitigate damage'';
(2) by striking ``and'' after the semicolon at the end of
subsection (a)(23), by striking the period at the end of
subsection (a)(24) and inserting ``; and'', and by adding at
the end of subsection (a) the following:
``(25) `removal costs' means--
``(A) the costs of removal of oil or a hazardous
substance that are incurred after it is discharged; and
``(B) in any case in which there is a substantial
threat of a discharge of oil or a hazardous substance,
the costs to prevent, minimize, or mitigate that
threat.''; and
(3) in subsection (c)(4)(A), by striking the period at the
end and inserting the following: ``relating to a discharge or a
substantial threat of a discharge of oil or a hazardous
substance.''.
(b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended--
(1) by striking ``and (C)'' and inserting ``, (C)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (D) discharges incidental to mechanical
removal authorized by the President under subsection (c) of
this section''.
(c) Sense of the Congress Regarding Oil Spill Response Actions.--It
is the sense of the Congress that, under the Oil Pollution Act of 1990,
the President should ensure that liability concerns regarding response
actions to remove a discharge, or to mitigate or prevent the threat of
a discharge, do not deter an expeditious or effective response, by
promulgating guidelines in accordance with applicable Federal law, as
soon as possible, clarifying that a person who takes any response
action consistent with the National Contingency Plan, including the
applicable fish and wildlife response plan, or as otherwise directed by
the President, to prevent or mitigate the environmental effects of a
discharge or a threat of a discharge should not be held liable for the
violation of fish and wildlife laws, unless the person is grossly
negligent or engages in willful misconduct.
SEC. 412. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.
(a) In General.--The vessel described in subsection (b) is deemed
for all purposes, including title 46, United States Code, and all
regulations thereunder, to be a recreational vessel of less than 300
gross tons, if--
(1) it does not carry cargo or passengers for hire; and
(2) it does not engage in commercial fisheries or
oceanographic research.
(b) Vessel Described.--The vessel referred to in subsection (a) is
the vessel TURMOIL (British Official number 726767).
SEC. 413. LAND CONVEYANCE, COAST GUARD STATION OCRACOKE, NORTH
CAROLINA.
(a) Authority To Convey.--The Secretary of Transportation may
convey, without consideration, to the State of North Carolina (in this
section referred to as the ``State''), all right, title, and interest
of the United States in and to a parcel of real property, together with
any improvements thereon, in Ocracoke, North Carolina, consisting of
such portion of the Coast Guard Station Ocracoke, North Carolina, as
the Secretary considers appropriate for purposes of the conveyance.
(b) Conditions.--The conveyance under subsection (a) shall be
subject to the following conditions:
(1) That the State accept the property to be conveyed under
that subsection subject to such easements or rights of way in
favor of the United States as the Secretary considers to be
appropriate for--
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on the
property; and
(D) the use of pier space on the property by search
and rescue assets.
(2) That the State maintain the property in a manner so as
to preserve the usefulness of the easements or rights of way
referred to in paragraph (1).
(3) That the State utilize the property for transportation,
education, environmental, or other public purposes.
(c) Reversion.--(1) If the Secretary determines at any time that
the property conveyed under subsection (a) is not being used in
accordance with subsection (b), all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall be under
the administrative jurisdiction of the Administrator of General
Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a), and any
easements or rights of way granted under subsection (b)(1), shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the conveyance
under subsection (a), and any easements or rights of way granted under
subsection (b)(1), as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN SAULT SAINTE MARIE,
MICHIGAN.
(a) Requirement To Convey.--The Secretary of Transportation (in
this section referred to as the ``Secretary'') shall promptly convey,
without consideration, to American Legion Post No. 3 in Sault Sainte
Marie, Michigan, all right, title, and interest of the United States in
and to the parcel of real property described in section 202 of the
Water Resources Development Act of 1990 (Public Law 101-640), as
amended by section 323 of the Water Resources Development Act of 1992
(Public Law 102-580), comprising approximately 0.565 acres, together
with any improvements thereon.
(b) Condition.--The conveyance under subsection (a) shall be
subject to the condition that the property be used as a clubhouse for
the American Legion Post No. 3.
(c) Reversion.--(1) If the Secretary determines at any time that
the property conveyed under subsection (a) is not being used in
accordance with subsection (b), all right, title, and interest in and
to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall be under
the administrative jurisdiction of the Administrator of General
Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the American Legion Post No. 3.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 415. DRY BULK CARGO RESIDUE.
(a) Dry Bulk Cargo Residue.--Section 3 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902) is amended by adding the
following subsection at the end thereof:
``(h) Discharge of Residue of Dry Bulk Cargo in Certain Navigable
Waters and Waters of the Great Lakes.--(1) Notwithstanding any
provision of this Act, the Secretary may allow, under conditions and
standards prescribed by regulation--
``(A) vessels to discharge residue of dry bulk cargo into
the waters of the Great Lakes under the jurisdiction of the
United States; and
``(B) vessels of the United States to discharge residue of
dry bulk cargo into the waters of the Great Lakes System
governed by the Great Lakes Water Quality Agreement of 1978 and
the 1987 Protocol thereto, under the jurisdiction of the
Government of Canada or other waters governed by the Boundary
Waters Treaty of 1909 under the jurisdiction of the Government
of Canada.
``(2) Any regulation issued under this subsection shall be
consistent with the Great Lakes Water Quality Agreement of 1978 and the
1987 Protocol thereto, and the Boundary Waters Treaty of 1909, and
shall be developed in consultation with the Government of Canada, under
the general guidance of the Secretary of State, and with the
concurrence of the Administrator of the Environmental Protection
Agency, and in consultation with appropriate Federal agencies,
including the Assistant Secretary of the Army for Civil Works.
``(3) Any regulations issued under this subsection shall be
reviewed by the Secretary no less often than every 5 years to determine
whether such regulations are consistent with the water quality goals
for the Great Lakes.''.
(b) Definition.--Section 2 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901) is amended by redesignating paragraphs (9),
(10), (11), and (12) as (10), (11), (12), and (13), respectively and by
inserting the following new paragraph after paragraph (8):
``(9) `residue to dry bulk cargo' includes any residue or
residues of dry bulk cargo generated in the customary operation
of commercial vessels, including iron ore, coal, coke, salt,
grain, stones, gravel, sand, clay, and slag, but does not
include, even if associated with the aforementioned materials,
any--
``(A) plastic, as defined in the convention,
``(B) oil or hazardous substance, as defined under
section 311 of the Federal Water Pollution Control Act
(33 U.S.C. 1321), or
``(C) hazardous substance, as defined in section
101(14) of the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) (42 U.S.C.
9601(14)).''.
SEC. 416. MAINTENANCE OF FOGHORNS.
The Secretary of Transportation shall take such actions as may be
necessary to ensure that foghorns at the following ports are in working
order:
(1) St. Joseph, Michigan.
(2) South Haven, Michigan.
(3) Grand Haven, Michigan.
(4) Muskegon, Michigan.
(5) Pentwater, Michigan.
(6) Ludington, Michigan.
(7) Frankfort, Michigan.
(8) Michigan City, Indiana.
(9) Saugatuck, Michigan.
(10) Marquette, Michigan.
SEC. 417. CONVEYANCE OF EAGLE HARBOR LIGHT STATION.
(a) Authority To Convey.--
(1) In general.--The Administrator of General Services
shall convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to the Eagle
Harbor Light Station, Michigan, to the Keweenaw County
Historical Society.
(2) Identification of property.--The Secretary of
Transportation may identify, describe, and determine the
property to be conveyed pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3), (4), and (5) and other terms and
conditions the Secretary of Transportation may consider
appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in the property
conveyed shall immediately revert to the United States if the
property, or any part of the property--
(A) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(B) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation functions.--The conveyance of
property pursuant to this section shall be made subject to the
conditions that the Secretary of Transportation 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;
(B) the person to which the property is conveyed
may not interfere or allow interference in any manner
with aids to navigation without express written
permission from the Secretary of Transportation;
(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 maintaining aids to navigation; and
(E) the United States shall have an easement of
access to the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) Obligation limitation.--The person to which the
property is conveyed is not required to maintain any active aid
to navigation equipment on property conveyed pursuant to this
section.
(5) Reversion based on use.--The conveyance of the property
described in subsection (a) is subject to the condition that
all right, title, and interest in the property conveyed shall
immediately revert to the United States if the property, or any
part of the property ceases to be used as a nonprofit center
for public benefit for the interpretation and preservation of
maritime history.
(6) Maintenance of property.--The person to which the
property is conveyed shall maintain the property in accordance
with the National Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.), and other applicable laws.
Passed the House of Representatives October 21, 1997.
Attest:
ROBIN H. CARLE,
Clerk.