[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Enrolled Bill (ENR)]

        H.R.2204

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To authorize appropriations for fiscal years 1998 and 1999 for the Coast 
                     Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Severance pay.
Sec. 202. Authority to implement and fund certain awards programs.
Sec. 203. Use of appropriated funds for commercial vehicles at military 
          funerals.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Law enforcement authority for special agents of the Coast 
          Guard Investigative Service.
Sec. 206. Report on excess Coast Guard property.
Sec. 207. Fees for navigation assistance service.
Sec. 208. Aids to navigation report.

                        TITLE III--MARINE SAFETY

Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
Sec. 304. Alcohol testing.
Sec. 305. Protect marine casualty investigations from mandatory release.
Sec. 306. Safety management code report and policy.
Sec. 307. Oil and hazardous substance definition and report.
Sec. 308. National Marine Transportation System.
Sec. 309. Availability and use of EPIRBS for recreational vessels.
Sec. 310. Search and rescue helicopter coverage.
Sec. 311. Petroleum transportation.
Sec. 312. Seasonal Coast Guard helicopter air rescue capability.
Sec. 313. Ship reporting systems.

                         TITLE IV--MISCELLANEOUS

Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, 
          Jacksonville, Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University 
          in Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver 
          Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill 
          prevention and response activities.
Sec. 412. Vessels not seagoing motor vessels.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, 
          Michigan.
Sec. 415. Interim authority for dry bulk cargo residue disposal.
Sec. 416. Conveyance of lighthouses.
Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.
Sec. 418. Conveyance of decommissioned Coast Guard vessels.
Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the 
          Interior.
Sec. 421. Vessel documentation clarification.
Sec. 422. Dredge clarification.
Sec. 423. Double hull alternative designs study.
Sec. 424. Vessel sharing agreements.
Sec. 425. Reports.
Sec. 426. Report on tonnage calculation methodology.
Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.
Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, 
          JOHN HENRY.
Sec. 429. Applicability of authority to release restrictions and 
          encumbrances.
Sec. 430. Barge APL-60.
Sec. 431. Vessel financing flexibility.
Sec. 432. Hydrographic functions.

          TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

Sec. 501. Findings.
Sec. 502. Administrative waiver of coastwise trade laws.
Sec. 503. Revocation.
Sec. 504. Definitions.
Sec. 505. Sunset.

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. Authorization of appropriations.
Sec. 606. Protection of States' rights.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard, as follows:
        (1) For the operation and maintenance of the Coast Guard--
            (A) for fiscal year 1998, $2,715,400,000; and
            (B) for fiscal year 1999, $2,854,700,000; of which 
        $25,000,000 shall be derived each fiscal year from the Oil 
        Spill Liability Trust Fund to carry out the purposes of section 
        1012(a)(5) of the Oil Pollution Act of 1990 and of which not 
        less than $408,000,000 shall be available for expenses related 
        to drug interdiction.
        (2) For the acquisition, construction, rebuilding, and 
    improvement of aids to navigation, shore and offshore facilities, 
    vessels, and aircraft, including equipment related thereto--
            (A) for fiscal year 1998, $399,850,000, of which $2,000,000 
        shall be made available for concept evaluation for a 
        replacement vessel for the Coast Guard icebreaker MACKINAW; and
            (B) for fiscal year 1999, $510,300,000, of which $5,300,000 
        shall be made available to complete the conceptual design for a 
        replacement vessel for the Coast Guard icebreaker MACKINAW,
    to remain available until expended, of which $20,000,000 shall be 
    derived each fiscal year from the Oil Spill Liability Trust Fund to 
    carry out the purposes of section 1012(a)(5) of the Oil Pollution 
    Act of 1990 and of which not less than $62,000,000 shall be 
    available for expenses related to drug interdiction.
        (3) For research, development, test, and evaluation of 
    technologies, materials, and human factors directly relating to 
    improving the performance of the Coast Guard's mission in support 
    of search and rescue, aids to navigation, marine safety, marine 
    environmental protection, enforcement of laws and treaties, ice 
    operations, oceanographic research, and defense readiness--
            (A) for fiscal year 1998, $19,000,000; and
            (B) for fiscal year 1999, $18,300,000,
    to remain available until expended, of which $3,500,000 shall be 
    derived each fiscal year from the Oil Spill Liability Trust Fund to 
    carry out the purposes of section 1012(a)(5) of the Oil Pollution 
    Act of 1990.
        (4) For retired pay (including the payment of obligations 
    otherwise chargeable to lapsed appropriations for this purpose), 
    payments under the Retired Serviceman's Family Protection and 
    Survivor Benefit Plans, and payments for medical care of retired 
    personnel and their dependents under chapter 55 of title 10, United 
    States Code--
            (A) for fiscal year 1998, $653,196,000; and
            (B) for fiscal year 1999, $691,493,000.
        (5) For alteration or removal of bridges over navigable waters 
    of the United States constituting obstructions to navigation, and 
    for personnel and administrative costs associated with the Bridge 
    Alteration Program--
            (A) for fiscal year 1998, $17,000,000; and
            (B) for fiscal year 1999, $26,000,000,
    to remain available until expended.
        (6) For environmental compliance and restoration at Coast Guard 
    facilities (other than parts and equipment associated with 
    operations and maintenance), $26,000,000 for each of fiscal years 
    1998 and 1999, to remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of--
        (1) 37,944 as of September 30, 1998; and
        (2) 38,038 as of September 30, 1999.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
        (1) For recruit and special training--
            (A) for fiscal year 1998, 1,424 student years; and
            (B) for fiscal year 1999, 1,424 student years.
        (2) For flight training--
            (A) for fiscal year 1998, 98 student years; and
            (B) for fiscal year 1999, 98 student years.
        (3) For professional training in military and civilian 
    institutions--
            (A) for fiscal year 1998, 283 student years; and
            (B) for fiscal year 1999, 283 student years.
        (4) For officer acquisition--
            (A) for fiscal year 1998, 814 student years; and
            (B) for fiscal year 1999, 810 student years.

SEC. 103. LORAN-C.

    (a) Fiscal Year 1999.--There are authorized to be appropriated to 
the Department of Transportation, in addition to the funds authorized 
for the Coast Guard for operation of the LORAN-C System, for capital 
expenses related to LORAN-C navigation infrastructure, $10,000,000 for 
fiscal year 1999. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.
    (b) Cost-Sharing Plan.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary of Transportation shall 
develop and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a plan for cost-sharing 
arrangements among Federal agencies for such capital and operating 
expenses related to LORAN-C navigation infrastructure, including such 
expenses of the Coast Guard and the Federal Aviation Administration.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. SEVERANCE PAY.

    (a) Warrant Officers.--Section 286a(d) of title 14, United States 
Code, is amended by striking the last sentence.
    (b) Separated Officers.--Section 286a of title 14, United States 
Code, is amended by striking the period at the end of subsection (b) 
and inserting ``, unless the Secretary determines that the conditions 
under which the officer is discharged or separated do not warrant 
payment of that amount of severance pay.''.
    (c) Exception.--Section 327 of title 14, United States Code, is 
amended by striking the period at the end of paragraph (b)(3) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
that amount of severance pay.''.

SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    Section 93 of title 14, United States Code, is amended--
        (1) by striking ``and'' after the semicolon at the end of 
    paragraph (u);
        (2) by striking the period at the end of paragraph (v) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(w) provide for the honorary recognition of individuals and 
    organizations that significantly contribute to Coast Guard 
    programs, missions, or operations, including State and local 
    governments and commercial and nonprofit organizations, and pay 
    for, using any appropriations or funds available to the Coast 
    Guard, plaques, medals, trophies, badges, and similar items to 
    acknowledge such contribution (including reasonable expenses of 
    ceremony and presentation).''.

SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY 
              FUNERALS.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended--
        (1) by striking ``and'' after the semicolon at the end of 
    paragraph (v);
        (2) by striking the period at the end of paragraph (w) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(x) rent or lease, under such terms and conditions as are 
    considered by the Secretary to be advisable, commercial vehicles to 
    transport the next of kin of eligible retired Coast Guard military 
    personnel to attend funeral services of the service member at a 
    national cemetery.''.

SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.

    The Commandant of the United States Coast Guard may use up to 
$25,000 to provide economic adjustment assistance for the City of 
Novato, California, for the cost of revising the Hamilton Reuse 
Planning Authority's reuse plan as a result of the Coast Guard's 
request for housing at Hamilton Air Force Base. If the Department of 
Defense provides such economic adjustment assistance to the City of 
Novato on behalf of the Coast Guard, then the Coast Guard may use the 
amount authorized for use in the preceding sentence to reimburse the 
Department of Defense for the amount of economic adjustment assistance 
provided to the City of Novato by the Department of Defense.

SEC. 205. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE COAST 
              GUARD INVESTIGATIVE SERVICE.

    (a) Authority.--Section 95 of title 14, United States Code, is 
amended to read as follows:

``Sec.  95. Special agents of the Coast Guard Investigative Service law 
            enforcement authority

    ``(a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority:
        ``(A) To carry firearms.
        ``(B) To execute and serve any warrant or other process issued 
    under the authority of the United States.
        ``(C) To make arrests without warrant for--
            ``(i) any offense against the United States committed in 
        the agent's presence; or
            ``(ii) any felony cognizable under the laws of the United 
        States if the agent has probable cause to believe that the 
        person to be arrested has committed or is committing the 
        felony.
    ``(2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard has law 
enforcement authority, or in exigent circumstances.
    ``(b) The Commandant may designate to have the authority provided 
under subsection (a) any special agent of the Coast Guard Investigative 
Service whose duties include conducting, supervising, or coordinating 
investigation of criminal activity in programs and operations of the 
United States Coast Guard.
    ``(c) The authority provided under subsection (a) shall be 
exercised in accordance with guidelines prescribed by the Commandant 
and approved by the Attorney General and any other applicable 
guidelines prescribed by the Secretary of Transportation or the 
Attorney General.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 14, United States Code, is amended by striking the 
item related to section 95 and inserting the following:
``95. Special agents of the Coast Guard Investigative Service law 
          enforcement authority.''.

SEC. 206. REPORT ON EXCESS COAST GUARD PROPERTY.

    Not later than 9 months after the date of the enactment of this 
Act, the Administrator of the General Services Administration and the 
Commandant of the Coast Guard shall submit to the Congress a report on 
the current procedures used to dispose of excess Coast Guard property 
and provide recommendations to improve such procedures. The 
recommendations shall take into consideration measures that would--
        (1) improve the efficiency of such procedures;
        (2) improve notification of excess property decisions to and 
    enhance the participation in the property disposal decisionmaking 
    process of the States, local communities, and appropriate non-
    profit organizations;
        (3) facilitate the expeditious transfer of excess property for 
    recreation, historic preservation, education, transportation, or 
    other uses that benefit the general public; and
        (4) ensure that the interests of Federal taxpayers are 
    protected.

SEC. 207. FEES FOR NAVIGATION ASSISTANCE SERVICE.

    Section 2110 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(k) The Secretary may not plan, implement or finalize any 
regulation that would promulgate any new maritime user fee which was 
not implemented and collected prior to January 1, 1998, including a fee 
or charge for any domestic icebreaking service or any other 
navigational assistance service. This subsection expires on September 
30, 2001.''.

SEC. 208. AIDS TO NAVIGATION REPORT.

    Not later than 18 months after the date of the enactment of this 
Act, the Commandant of the Coast Guard shall submit to Congress a 
report on the use of the Coast Guard's aids to navigation system. The 
report shall include an analysis of the respective use of the aids to 
navigation system by commercial interests, members of the general 
public for personal recreation, Federal and State government for public 
safety, defense, and other similar purposes. To the extent practicable 
within the time allowed, the report shall include information regarding 
degree of use of the various portions of the system.

                        TITLE III--MARINE SAFETY

SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.

    (a) Ports and Waterways Safety Act.--Section 102 of the Ports and 
Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end 
the following:
        ``(5) `Navigable waters of the United States' includes all 
    waters of the territorial sea of the United States as described in 
    Presidential Proclamation No. 5928 of December 27, 1988.''.
    (b) Subtitle II of title 46.--
        (1) Section 2101 of title 46, United States Code, is amended--
            (A) by redesignating paragraph (17a) as paragraph (17b); 
        and
            (B) by inserting after paragraph (17) the following:
        ``(17a) `navigable waters of the United States' includes all 
    waters of the territorial sea of the United States as described in 
    Presidential Proclamation No. 5928 of December 27, 1988.''.
        (2) Section 2301 of that title is amended by inserting 
    ``(including the territorial sea of the United States as described 
    in Presidential Proclamation No. 5928 of December 27, 1988)'' after 
    ``of the United States''.
        (3) Section 4102(e) of that title is amended by striking 
    ``operating on the high seas'' and inserting ``owned in the United 
    States and operating beyond 3 nautical miles from the baselines 
    from which the territorial sea of the United States is measured''.
        (4) Section 4301(a) of that title is amended by inserting 
    ``(including the territorial sea of the United States as described 
    in Presidential Proclamation No. 5928 of December 27, 1988)'' after 
    ``of the United States''.
        (5) Section 4502(a)(7) of that title is amended by striking 
    ``on the high seas'' and inserting ``beyond 3 nautical miles from 
    the baselines from which the territorial sea of the United States 
    is measured, and which are owned in the United States''.
        (6) Section 4506(b) of that title is amended by striking 
    paragraph (2) and inserting the following:
        ``(2) is operating--
            ``(A) in internal waters of the United States; or
            ``(B) within 3 nautical miles from the baselines from which 
        the territorial sea of the United States is measured.''.
        (7) Section 8502(a)(3) of that title is amended by striking 
    ``not on the high seas'' and inserting: ``not beyond 3 nautical 
    miles from the baselines from which the territorial sea of the 
    United States is measured''.
        (8) Section 8503(a)(2) of that title is amended by striking 
    paragraph (2) and inserting the following:
        ``(2) operating--
            ``(A) in internal waters of the United States; or
            ``(B) within 3 nautical miles from the baselines from which 
        the territorial sea of the United States is measured.''.

SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION OF A 
              VESSEL.

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

``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 seven members appointed by 
the Secretary in accordance with this subsection, each of whom has at 
least 5 years practical experience in maritime operations. The term of 
each member is for a period of not more than 5 years, specified by the 
Secretary. Before filling a position on the Committee, the Secretary 
shall publish a notice in the Federal Register soliciting nominations 
for membership on the Committee.
    ``(2) The membership of the Committee shall include--
        ``(A) three members who are practicing Great Lakes pilots and 
    who reflect a regional balance;
        ``(B) one member representing the interests of vessel operators 
    that contract for Great Lakes pilotage services;
        ``(C) one member representing the interests of Great Lakes 
    ports;
        ``(D) one member representing the interests of shippers whose 
    cargoes are transported through Great Lakes ports; and
        ``(E) one member representing the interests of the general 
    public, who is an independent expert on the Great Lakes maritime 
    industry.
    ``(c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the Chairman, or 
in the event of a vacancy in the office of the Chairman.
    ``(2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. The representatives shall, as appropriate, report to and 
advise the Committee on matters relating to Great Lakes pilotage. The 
Secretary's designated representative shall act as the executive 
secretary of the Committee and shall perform the duties set forth in 
section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(d)(1) The Secretary shall, whenever practicable, consult with 
the Committee before taking any significant action relating to Great 
Lakes pilotage.
    ``(2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting Great Lakes pilotage.
    ``(e)(1) A member of the Committee, when attending meetings of the 
Committee or when otherwise engaged in the business of the Committee, 
is entitled to receive--
        ``(A) compensation at a rate fixed by the Secretary, not 
    exceeding the daily equivalent of the current rate of basic pay in 
    effect for GS-18 of the General Schedule under section 5332 of 
    title 5 including travel time; and
        ``(B) travel or transportation expenses under section 5703 of 
    title 5, United States Code.
    ``(2) A member of the Committee shall not be considered to be an 
officer or employee of the United States for any purpose based on their 
receipt of any payment under this subsection.
    ``(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies 
to the Committee, except that the Committee terminates on September 30, 
2003.
    ``(2) 2 years before the termination date set forth in paragraph 
(1) of this subsection, the Committee shall submit to the Congress its 
recommendation regarding whether the Committee should be renewed and 
continued beyond the termination date.''.

SEC. 304. ALCOHOL TESTING.

    (a) Adminstrative Procedure.--Section 7702 of title 46, United 
States Code, is amended by striking the second sentence of subsection 
(c)(2) and inserting the following: ``The testing may include 
preemployment (with respect to dangerous drugs only), periodic, random, 
and reasonable cause testing, and shall include post-accident 
testing.''.
    (b) Increase in Civil Penalty.--Section 2115 of title 46, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$5,000''.
    (c) Increase in Negligence Penalty.--Section 2302(c)(1) of title 
46, United States Code, is amended by striking ``$1,000 for a first 
violation and not more than $5,000 for a subsequent violation; or'' and 
inserting ``$5,000; or''.
    (d) Post Serious Marine Casualty Testing.--
        (1) Chapter 23 of title 46, United States Code, is amended by 
    inserting after section 2303 the following:

``Sec. 2303a. Post serious marine casualty alcohol testing

    ``(a) The Secretary shall establish procedures to ensure that after 
a serious marine casualty occurs, alcohol testing of crew members or 
other persons responsible for the operation or other safety-sensitive 
functions of the vessel or vessels involved in such casualty is 
conducted no later than 2 hours after the casualty occurs, unless such 
testing cannot be completed within that time due to safety concerns 
directly related to the casualty.
    ``(b) The procedures in subsection (a) shall require that if 
alcohol testing cannot be completed within 2 hours of the occurrence of 
the casualty, such testing shall be conducted as soon thereafter as the 
safety concerns in subsection (a) have been adequately addressed to 
permit such testing, except that such testing may not be required more 
than 8 hours after the casualty occurs.''.
        (2) The table of sections at the beginning of chapter 23 of 
    title 46, United States Code, is amended by inserting after the 
    item related to section 2303 the following:
``2303a. Post serious marine casualty alcohol testing.''.

SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY 
              RELEASE.

    Section 6305(b) of title 46, United States Code, is amended by 
striking all after ``public'' and inserting a period and ``This 
subsection does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by another law 
of the United States.''.

SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.

    (a) Report on Implementation and Enforcement of the International 
Safety Management Code.--
        (1) The Secretary of Transportation (in this section referred 
    to as the ``Secretary'') shall conduct a study--
            (A) reporting on the status of implementation of the 
        International Safety Management Code (hereafter referred to in 
        this section as `Code');
            (B) detailing enforcement actions involving the Code, 
        including the role documents and reports produced pursuant to 
        the Code play in such enforcement actions;
            (C) evaluating the effects the Code has had on marine 
        safety and environmental protection, and identifying actions to 
        further promote marine safety and environmental protection 
        through the Code;
            (D) identifying actions to achieve full compliance with and 
        effective implementation of the Code; and
            (E) evaluating the effectiveness of internal reporting and 
        auditing under the Code, and recommending actions to ensure the 
        accuracy and candidness of such reporting and auditing.
    These recommended actions may include proposed limits on the use in 
    legal proceedings of documents produced pursuant to the Code.
        (2) The Secretary shall provide opportunity for the public to 
    participate in and comment on the study conducted under paragraph 
    (1).
        (3) Not later than 18 months after the date of the enactment of 
    this Act, the Secretary shall submit to the Congress a report on 
    the results of the study conducted under paragraph (1).
    (b) Policy.--
        (1) Not later than 9 months after submission of the report in 
    subsection (a)(3), the Secretary shall develop a policy to achieve 
    full compliance with and effective implementation of the Code. The 
    policy may include--
            (A) enforcement penalty reductions and waivers, limits on 
        the use in legal proceedings of documents produced pursuant to 
        the Code, or other incentives to ensure accurate and candid 
        reporting and auditing;
            (B) any other measures to achieve full compliance with and 
        effective implementation of the Code; and
            (C) if appropriate, recommendations to Congress for any 
        legislation necessary to implement one or more elements of the 
        policy.
        (2) The Secretary shall provide opportunity for the public to 
    participate in the development of the policy in paragraph (1).
        (3) Upon completion of the policy in paragraph (1), the 
    Secretary shall publish the policy in the Federal Register and 
    provide opportunity for public comment on the policy.

SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION AND REPORT.

    (a) Definition of Oil.--Section 1001(23) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2701(23)) is amended to read as follows:
        ``(23) `oil' means oil of any kind or in any form, including 
    petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
    other than dredged spoil, but does not include any substance which 
    is specifically listed or designated as a hazardous substance under 
    subparagraphs (A) through (F) of section 101(14) of the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act (42 U.S.C. 9601) and which is subject to the provisions of that 
    Act;''.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commandant of the Coast Guard shall submit a 
report to the Congress on the status of the joint evaluation by the 
Coast Guard and the Environmental Protection Agency of the substances 
to be classified as oils under the Federal Water Pollution Control Act 
and title I of the Oil Pollution Act of 1990, including opportunities 
provided for public comment on the evaluation.

SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.

    (a) In General.--The Secretary of Transportation, through the Coast 
Guard and the Maritime Administration, shall, in consultation with the 
National Ocean Service of the National Oceanic and Atmospheric 
Administration, the Corps of Engineers, and other interested Federal 
agencies and departments, establish a task force to assess the adequacy 
of the nation's marine transportation system (including ports, 
waterways, harbor approach channels, and their intermodal connections) 
to operate in a safe, efficient, secure, and environmentally sound 
manner.
    (b) Task Force.--
        (1) The task force shall be chaired by the Secretary of 
    Transportation or his designee and may be comprised of the 
    representatives of interested Federal agencies and departments and 
    such other nonfederal entities as the Secretary deems appropriate.
        (2) The provisions of the Federal Advisory Committee Act shall 
    not apply to the task force.
    (c) Assessment.--
        (1) In carrying out the assessment under this section, the task 
    force shall examine critical issues and develop strategies, 
    recommendations, and a plan for action. Pursuant to such 
    examination and development, the task force shall--
            (A) take into account the capability of the marine 
        transportation system, the adequacy of depth of approach 
        channels and harbors, and the cost to the Federal Government to 
        accommodate projected increases in foreign and domestic traffic 
        over the next 20 years;
            (B) consult with senior public and private sector 
        officials, including the users of that system, such as ports, 
        commercial carriers, shippers, labor, recreational boaters, 
        fishermen, and environmental organizations;
            (C) sponsor public and private sector activities to further 
        refine and implement (under existing authority) the strategies, 
        recommendations, and plan for action;
            (D) evaluate the capability to dispose of dredged materials 
        that will be produced to accommodate projected increases 
        referred to in subparagraph (A); and
            (E) evaluate the future of the navigational aid system 
        including the use of virtual aids to navigation on electronic 
        charts.
        (2) The Secretary shall report to Congress on the results of 
    the assessment no later than July 1, 1999. The report shall reflect 
    the views of both the public and private sectors. The Task Force 
    shall cease to exist upon submission of the report in this 
    paragraph.

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 the enactment of this Act, assess and report to Congress on the use 
of emergency position indicating beacons (EPIRBs) and similar devices 
by operators of recreational vessels on the Intracoastal Waterway and 
operators of recreational vessels beyond the Boundary Line. The 
assessment shall at a minimum--
        (1) evaluate the current availability and use of EPIRBs and 
    similar devices by the operators of recreational vessels and the 
    actual and potential contribution of such devices to recreational 
    boating safety; and
        (2) provide recommendations on policies and programs to 
    encourage the availability and use of EPIRBS and similar devices by 
    the operators of recreational vessels.

SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.

    Not later than 9 months after the date of the enactment of this 
Act, the Commandant shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives--
        (1) identifying waters out to 50 miles from the territorial sea 
    of Maine and other States that cannot currently be served by a 
    Coast Guard search and rescue helicopter within 2 hours of a report 
    of distress or request for assistance from such waters;
        (2) providing options for ensuring that all waters of the area 
    referred to in paragraph (1) can be served by a Coast Guard search 
    and rescue helicopter within 2 hours of a report of distress or 
    request for assistance from such waters;
        (3) providing an analysis assessing the overall capability of 
    Coast Guard search and rescue assets to serve each area referred to 
    in paragraph (1) within 2 hours of a report of distress or request 
    for assistance from such waters; and
        (4) identifying, among any other options the Commandant may 
    provide as required by paragraph (2), locations in the State of 
    Maine that may be suitable for the stationing of a Coast Guard 
    search and rescue helicopter and crew, including any Coast Guard 
    facility in Maine, the Bangor Air National Guard Base, and any 
    other locations.

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 (Public Law 92-
340; 33 U.S.C. 1230), is amended by adding at the end of the following:
    ``(d) Ship Reporting Systems.--The Secretary, in cooperation with 
the International Maritime Organization, is authorized to implement and 
enforce two mandatory ship reporting systems, consistent with 
international law, with respect to vessels subject to such reporting 
systems entering the following areas of the Atlantic Ocean: Cape Cod 
Bay, Massachusetts Bay, and Great South Channel (in the area generally 
bounded by a line starting from a point on Cape Ann, Massachusetts at 
42 deg. 39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70 
deg. 13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south 
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg. 
17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then west to 42 
deg. 04' N., 70 deg. 10' W; and then along the Massachusetts shoreline 
of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 
42 deg. 39' N., 70 deg. 37' W) and in the coastal waters of the 
Southeastern United States within about 25 nm along a 90 nm stretch of 
the Atlantic seaboard (in an area generally extending from the 
shoreline east to longitude 80 deg. 51.6' W with the southern and 
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N., 
respectively).''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    (a) In General.--Chapter 121 of title 46, United States Code, is 
amended--
        (1) by striking ``or is not titled in a State'' in section 
    12102(a); and
        (2) by adding at the end the following:

``Sec. 12124. Surrender of title and number

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

    (c) Other Amendments.--Title 46, United States Code, is amended--
        (1) by striking section 31322(b) and inserting the following:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage, 
security agreement, or instruments granting a security interest that is 
deemed to be a preferred mortgage under subsection (d) of this section, 
may have any rate of interest to which the parties agree.'';
        (2) by striking ``mortgage or instrument'' each place it 
    appears in section 31322(d)(1) and inserting ``mortgage, security 
    agreement, or instrument'';
        (3) by striking section 31322(d)(3) and inserting the 
    following:
        ``(3) A preferred mortgage under this subsection continues to 
    be a preferred mortgage even if the vessel is no longer titled in 
    the State where the mortgage, security agreement, or instrument 
    granting a security interest became a preferred mortgage under this 
    subsection.'';
        (4) by striking ``mortgages or instruments'' in subsection 
    31322(d)(2) and inserting ``mortgages, security agreements, or 
    instruments'';
        (5) by inserting ``a vessel titled in a State,'' in section 
    31325(b)(1) after ``a vessel to be documented under chapter 121 of 
    this title,'';
        (6) by inserting ``a vessel titled in a State,'' in section 
    31325(b)(3) after ``a vessel for which an application for 
    documentation is filed under chapter 121 of this title,''; and
        (7) by inserting ``a vessel titled in a State,'' in section 
    31325(c) after ``a vessel to be documented under chapter 121 of 
    this title,''.

SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY, 
              JACKSONVILLE, FLORIDA.

    (a) In General.--Notwithstanding any other provision of law--
        (1) the land and improvements thereto comprising the Coast 
    Guard Reserve training facility in Jacksonville, Florida, is deemed 
    to be surplus property; and
        (2) the Commandant of the Coast Guard shall dispose of all 
    right, title, and interest of the United States in and to that 
    property, by sale, at fair market value.
    (b) Right of First Refusal.--Before a sale is made under subsection 
(a) to any other person, the Commandant of the Coast Guard shall give 
to the city of Jacksonville, Florida, the right of first refusal to 
purchase all or any part of the property required to be sold under that 
subsection.

SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.

    (a) General Waiver.--Notwithstanding section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 
1886 (46 U.S.C. App. 289), and sections 12106 and 12108 of title 46, 
United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for each of 
the following vessels:
        (1) SEAGULL (United States official number 1038605).
        (2) BAREFOOT CONTESA (United States official number 285410).
        (3) PRECIOUS METAL (United States official number 596316).
        (4) BLUE HAWAII (State of Florida registration number 
    FL0466KC).
        (5) SOUTHERN STAR (United States official number 650774).
        (6) KEEWAYDIN (United States official number 662066).
        (7) W.G. JACKSON (United States official number 1047199).
        (8) The vessel known as hopper barge E-15 (North Carolina State 
    official number 264959).
        (9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian 
    registration number 318746).
        (10) MAR Y PAZ (United States official number 668179).
        (11) SAMAKEE (State of New York registration number NY 4108 
    FK).
        (12) NAWNSENSE (United States official number 977593).
        (13) ELMO (State of Florida registration number FL5337BG).
        (14) MANA-WANUI (United States official number 286657).
        (15) OLD JOE (formerly TEMPTRESS; United States official number 
    991150).
        (16) M/V BAHAMA PRIDE (United States official number 588647).
        (17) WINDWISP (United States official number 571621).
        (18) SOUTHLAND (United States official number 639705).
        (19) FJORDING (United States official number 594363).
        (20) M/V SAND ISLAND (United States official number 542918).
        (21) PACIFIC MONARCH (United States official number 557467).
        (22) FLAME (United States official number 279363).
        (23) DULARGE (United States official number 653762).
        (24) DUSKEN IV (United States official number 952645).
        (25) SUMMER BREEZE (United States official number 552808).
        (26) ARCELLA (United States official number 1025983).
        (27) BILLIE-B-II (United States official number 982069).
        (28) VESTERHAVET (United States official number 979206).
        (29) BETTY JANE (State of Virginia registration number VA 7271 
    P).
        (30) VORTICE, Bari, Italy, registration number 256.
        (31) The barge G. L. 8 (Canadian official number 814376).
        (32) YESTERDAYS DREAM (United States official number 680266).
        (33) ENFORCER (United States official number 502610).
        (34) The vessel registered as State of Oregon registration 
    number OR 766 YE.
        (35) AMICI (United States official number 658055).
        (36) ELIS (United States official number 628358).
        (37) STURE (United States official number 617703).
        (38) CAPT GRADY (United States official number 626257).
        (39) Barge number 1 (United States official number 933248).
        (40) Barge number 2 (United States official number 256944).
        (41) Barge number 14 (United States official number 501212).
        (42) Barge number 18 (United States official number 297114).
        (43) Barge number 19 (United States official number 503740).
        (44) Barge number 21 (United States official number 650581).
        (45) Barge number 22 (United States official number 650582).
        (46) Barge number 23 (United States official number 650583).
        (47) Barge number 24 (United States official number 664023).
        (48) Barge number 25 (United States official number 664024).
        (49) Barge number 26 (United States official number 271926).
        (50) FULL HOUSE (United States official number 1023827).
        (51) EMBARCADERO (United States official number 669327).
        (52) S.A., British Columbia (Canada official number 195214).
        (53) FAR HORIZONS (United States official number 1044011).
        (54) LITTLE TOOT (United States official number 938858).
        (55) EAGLE FEATHERS (United States official number 1020989).
        (56) ORCA (United States official number 665270).
        (57) TAURUS (United States official number 955814).
        (58) The barge KC-251 (United States official number CG019166; 
    National Vessel Documentation Center number 1055559).
        (59) VIKING (United States official number 224430).
        (60) SARAH B (United States official number 928431).
    (b) FALLS POINT.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(46 U.S.C. App. 289), and section 12106 of title 46, United States 
Code, the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the vessel FALLS POINT, State of Maine registration 
number ME 5435 E.
    (c) COASTAL TRADER.--Section 1120(g) of the Coast Guard 
Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3978) is 
amended by inserting ``COASTAL TRADER (United States official number 
683227),'' after ``vessels''.
    (d) NINA, PINTA, and SANTA MARIA Replicas.--
        (1) In general.--Notwithstanding section 27 of the Merchant 
    Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 
    19, 1886 (46 U.S.C. App. 289), and section 12106 of title 46, 
    United States Code, the Secretary may issue a certificate of 
    documentation with appropriate endorsement for employment in the 
    coastwise trade only for the purpose of carrying passengers for 
    hire for each of the vessels listed in paragraph (2).
        (2) Vessel descriptions.--The vessels referred to in paragraph 
    (1) are the following:
            (A) NINA (United States Coast Guard vessel identification 
        number CG034346).
            (B) PINTA (United States Coast Guard vessel identification 
        number CG034345).
            (C) NAO SANTA MARIA (United States Coast Guard vessel 
        identification number CG034344).
    (e) Documentation of Vessel COLUMBUS.--
        (1) In general.--Notwithstanding section 27 of the Merchant 
    Marine Act, 1920 (46 U.S.C. App. 883), sections 12102 and 12106 of 
    title 46, United States Code, and the endorsement limitation in 
    section 5501(a)(2)(B) of Public Law 102-587, and subject to 
    paragraph (2), the Secretary of Transportation may issue a 
    certificate of documentation with appropriate endorsement for 
    employment in the coastwise trade for the vessel COLUMBUS (United 
    States official number 590658).
        (2) Limitation.--Coastwise trade referred to in paragraph (1) 
    may not include the transportation of dredged material from a 
    project in which the stated intent of the Corps of Engineers, in 
    its Construction Solicitation, or of another contracting entity, is 
    that the dredged material is--
            (A) to be deposited above mean high tide for the purpose of 
        beach nourishment;
            (B) to be deposited into a fill area for the purpose of 
        creation of land for an immediate use identified in the 
        Construction Solicitation other than disposal of the dredged 
        material; or
            (C) for the intention of immediate sale or resale unrelated 
        to disposal.
    (f) FOILCAT.--
        (1) In general.--Notwithstanding sections 12106 and 12108 of 
    title 46, United States Code, section 8 of the Passenger Vessel Act 
    (46 U.S.C. App. 289), and section 27 of the Merchant Marine Act, 
    1920 (46 U.S.C. App. 883), the Secretary of Transportation may 
    issue a certificate of documentation with appropriate endorsement 
    for employment in the coastwise trade for the vessel FOILCAT 
    (United States official number 1063892). The endorsement shall 
    provide that the vessel shall operate under the certificate of 
    documentation only within the State of Hawaii and that the vessel 
    shall not operate on any route served by a passenger ferry as of 
    the date the Secretary of Transportation issues a certificate of 
    documentation under this Act.
        (2) Termination.--The endorsement issued under paragraph (1) 
    shall be in effect for the vessel FOILCAT for the period--
            (A) beginning on the date on which the vessel is placed in 
        service to initiate a high-speed marine ferry demonstration 
        project sponsored by the State of Hawaii; and
            (B) ending on the last day of the 36th month beginning 
        after the date on which it became effective under subparagraph 
        (A).

SEC. 404. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS.

    (a) In General.--The Commandant of the Coast Guard, may convey, by 
an appropriate means of conveyance, all right, title, and interest of 
the United States in and to the United States Coast Guard Recreation 
Facility Nahant, Massachusetts, to the Town of Nahant (the ``Town'') 
unless the Commandant, or his delegate, in his sole discretion 
determines that the conveyance would not provide a public benefit.
    (b) Identification of Property.--The Commandant may identify, 
describe, and determine the property to be conveyed under this section.
    (c) Terms of Conveyance.--The conveyance of property under this 
section shall be made--
        (1) without payment of consideration; and
        (2) subject to such terms and conditions as the Commandant may 
    consider appropriate to protect the interests of the United States, 
    including the reservation of easements or other rights on behalf of 
    the United States.
    (d) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
        (1) the property, or any part thereof, ceases to be owned and 
    used by the Town;
        (2) the Town fails to maintain the property conveyed in a 
    manner consistent with the terms and conditions in subsection (c); 
    or
        (3) at least 30 days before such reversion, the Commandant 
    provides written notice to the Town that the property conveyed is 
    needed for national security purposes.

SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.

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

SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE VESSELS.

    Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is 
amended--
        (1) in subsection (a)(1), by striking ``(except'' and all that 
    follows through ``Act)'' and inserting a comma; and
        (2) by adding at the end of subsection (c) the following:
        ``(4) Certain tank vessels.--Subsection (a)(1) shall not apply 
    to--
            ``(A) a tank vessel on which the only oil carried as cargo 
        is an animal fat or vegetable oil, as those terms are used in 
        section 2 of the Edible Oil Regulatory Reform Act; and
            ``(B) a tank vessel that is designated in its certificate 
        of inspection as an oil spill response vessel (as that term is 
        defined in section 2101 of title 46, United States Code) and 
        that is used solely for removal.''.

SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE UNIVERSITY 
              IN JACKSONVILLE, FLORIDA.

    (a) Authority To Convey.--
        (1) In general.--The Secretary of Transportation may convey to 
    Jacksonville University, located in Jacksonville, Florida, without 
    consideration, all right, title, and interest of the United States 
    in and to the property comprising the Long Branch Rear Range Light, 
    Jacksonville, Florida.
        (2) Identification of property.--The Secretary may identify, 
    describe, and determine the property to be conveyed under this 
    section.
    (b) Terms and Conditions.--Any conveyance of any property under 
this section shall be made--
        (1) subject to the terms and conditions the Commandant may 
    consider appropriate; and
        (2) subject to the condition that all right, title, and 
    interest in and to property conveyed shall immediately revert to 
    the United States if the property, or any part thereof, ceases to 
    be used by Jacksonville University.

SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION.

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e)(1) A vessel may not transport Government-impelled cargoes 
if--
        ``(A) the vessel has been detained and determined to be 
    substandard by the Secretary for violation of an international 
    safety convention to which the United States is a party, and the 
    Secretary has published notice of that detention and determination 
    in an electronic form, including the name of the owner of the 
    vessel; or
        ``(B) the operator of the vessel has on more than one occasion 
    had a vessel detained and determined to be substandard by the 
    Secretary for violation of an international safety convention to 
    which the United States is a party, and the Secretary has published 
    notice of that detention and determination in an electronic form, 
    including the name of the owner of the vessel.
    ``(2) The prohibition in paragraph (1) expires for a vessel on the 
earlier of--
        ``(A) 1 year after the date of the publication in electronic 
    form on which the prohibition is based; or
        ``(B) any date on which the owner or operator of the vessel 
    prevails in an appeal of the violation of the relevant 
    international convention on which the detention is based.
    ``(3) As used in this subsection, the term `Government-impelled 
cargo' means cargo for which a Federal agency contracts directly for 
shipping by water or for which (or the freight of which) a Federal 
agency provides financing, including financing by grant, loan, or loan 
guarantee, resulting in shipment of the cargo by water.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect January 1, 1999.

SEC. 409. COAST GUARD CITY, USA.

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

SEC. 410. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD 
              RECEIVER SITE, MASSACHUSETTS.

    (a) Authority to Convey.--
        (1) In general.--The Commandant of the Coast Guard may convey, 
    by an appropriate means of conveyance, all right, title, and 
    interest of the United States in and to the Coast Guard 
    Communication Station Boston Marshfield Receiver Site, 
    Massachusetts, to the Town of Marshfield, Massachusetts (the 
    ``Town'') unless the Commandant, or his delegate, in his sole 
    discretion determines that the conveyance would not provide a 
    public benefit.
        (2) Limitation.--The Commandant shall not convey under this 
    section the land on which is situated the communications tower and 
    the microwave building facility of that station.
        (3) Identification of property.--
            (A) The Commandant may identify, describe and determine the 
        property to be conveyed to the Town under this section.
            (B) The Commandant shall determine the exact acreage and 
        legal description of the property to be conveyed under this 
        section by a survey satisfactory to the Commandant. The cost of 
        the survey shall be borne by the Town.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
        (1) without payment of consideration; and
        (2) subject to the following terms and conditions:
            (A) The Commandant may reserve utility, access, and any 
        other appropriate easements on the property conveyed for the 
        purpose of operating, maintaining, and protecting the 
        communications tower and the microwave building facility.
            (B) The Town and its successors and assigns shall, at their 
        own cost and expense, maintain the property conveyed under this 
        section in a proper, substantial, and workmanlike manner as 
        necessary to ensure the operation, maintenance, and protection 
        of the communications tower and the microwave building 
        facility.
            (C) Any other terms and conditions the Commandant considers 
        appropriate to protect the interests of the United States, 
        including the reservation of easements or other rights on 
        behalf of the United States.
    (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. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN OIL SPILL 
              PREVENTION AND RESPONSE ACTIVITIES.

    (a) Clarification of Liability for Preventing Substantial Threat of 
Discharge.--Section 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) is amended--
        (1) in subsection (a)(8) by striking ``to minimize or mitigate 
    damage'' and inserting ``to prevent, minimize, or mitigate 
    damage'';
        (2) by striking ``and'' after the semicolon at the end of 
    subsection (a)(23), by striking the period at the end of subsection 
    (a)(24) and inserting ``; and'', and by adding at the end of 
    subsection (a) the following:
        ``(25) `removal costs' means--
            ``(A) the costs of removal of oil or a hazardous substance 
        that are incurred after it is discharged; and
            ``(B) in any case in which there is a substantial threat of 
        a discharge of oil or a hazardous substance, the costs to 
        prevent, minimize, or mitigate that threat.''; and
        (3) in subsection (c)(4)(A), by striking the period at the end 
    and inserting the following: ``relating to a discharge or a 
    substantial threat of a discharge of oil or a hazardous 
    substance.''.
    (b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended--
        (1) by striking ``and (C)'' and inserting ``, (C)''; and
        (2) by inserting before the semicolon at the end the following: 
    ``, and (D) discharges incidental to mechanical removal authorized 
    by the President under subsection (c) of this section''.

SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.

    (a) Vessel TURMOIL.--
        (1) In general.--The vessel described in paragraph (2) is 
    deemed for all purposes, including title 46, United States Code, 
    and all regulations thereunder, to be a recreational vessel of less 
    than 300 gross tons, if--
            (A) it does not carry cargo or passengers for hire; and
            (B) it does not engage in commercial fisheries or 
        oceanographic research.
        (2) Vessel described.--The vessel referred to in paragraph (1) 
    is the vessel TURMOIL (British official number 726767).
    (b) Pilot Program.--
        (1) In general.--The Secretary may establish a pilot program to 
    exempt a vessel of at least 300 gross tons as measured under 
    chapter 143 or chapter 145 of title 46, United States Code, from 
    the requirement to be inspected under section 3301(7) of title 46, 
    United States Code, as a seagoing motor vessel, if--
            (A) the vessel does not carry any cargo or passengers for 
        hire;
            (B) the vessel does not engage in commercial service, 
        commercial fisheries, or oceanographic research; and
            (C) the vessel does not engage in towing.
        (2) Expiration of authority.--The authority to grant the 
    exemptions under this subsection expires 2 years after the date of 
    the enactment of this Act. Any specific exemptions granted under 
    this subsection shall nonetheless remain in effect.

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. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

    (a) In General.--
        (1) Subject to subsection (b), the Secretary of Transportation 
    shall continue to implement and enforce the United States Coast 
    Guard 1997 Enforcement Policy for Cargo Residues on the Great Lakes 
    and revisions thereto that are made in accordance with that Policy 
    (hereafter in this section referred to as the ``Policy'') for the 
    purpose of regulating incidental discharges from vessels of 
    residues of dry bulk cargo into the waters of the Great Lakes under 
    the jurisdiction of the United States.
        (2) Any discharge under this section shall comply with all 
    terms and conditions of the Policy.
    (b) Expiration of Interim Authority.--The Policy shall cease to 
have effect on the date which is the earliest of--
        (1) the effective date of regulations promulgated pursuant to 
    legislation enacted subsequent to the enactment of this Act 
    providing for the regulation of incidental discharges from vessels 
    of dry bulk cargo residue into the waters of the Great Lakes under 
    the jurisdiction of the United States is enacted; or
        (2) September 30, 2002.

SEC. 416. CONVEYANCE OF LIGHTHOUSES.

    (a) Authority to Convey.--
        (1) In general.--The Commandant of the Coast Guard, or the 
    Administrator of the General Services Administration, as 
    appropriate, may convey, by an appropriate means of conveyance, all 
    right, title, and interest of the United States in and to each of 
    the following properties:
            (A) Light Station Sand Point, located in Escanaba, 
        Michigan, to the Delta County Historical Society.
            (B) Light Station Dunkirk, located in Dunkirk, New York, to 
        the Dunkirk Historical Lighthouse and Veterans' Park Museum.
            (C) The Mukilteo Light Station, located in Mukilteo, 
        Washington, to the City of Mukilteo.
            (D) Eagle Harbor Light Station, located in Michigan, to the 
        Keweenaw County Historical Society.
            (E) Cape Decision Light Station, located in Alaska, to the 
        Cape Decision Lighthouse Society.
            (F) Cape St. Elias Light Station, located in Alaska, to the 
        Cape St. Elias Light Keepers Association.
            (G) Five Finger Light Station, located in Alaska, to the 
        Juneau Lighthouse Association.
            (H) Point Retreat Light Station, located in Alaska, to the 
        Alaska Lighthouse Association.
            (I) Hudson-Athens Lighthouse, located in New York, to the 
        Hudson-Athens Lighthouse Preservation Society.
            (J) Georgetown Light, located in Georgetown County, South 
        Carolina, to the South Carolina Department of Natural 
        Resources.
            (K) Coast Guard Light Station Two Harbors, located in Lake 
        County, Minnesota, to the Lake County Historical Society.
        (2) Identification of property.--The Commandant or 
    Administrator, as appropriate, may identify, describe, and 
    determine the property to be conveyed under this subsection.
        (3) Exception.--The Commandant or Administrator, as 
    appropriate, may not convey any historical artifact, including any 
    lens or lantern, located on the property at or before the time of 
    the conveyance.
    (b) Terms of Conveyance.--
        (1) In general.--The conveyance of property under this section 
    shall be made--
            (A) without payment of consideration; and
            (B) subject to the terms and conditions required by this 
        section and other terms and conditions the Commandant or the 
        Administrator, as appropriate, may consider, including the 
        reservation of easements and other rights on behalf of the 
        United States.
        (2) Reversionary interest.--In addition to any term or 
    condition established under this section, the conveyance of 
    property under this section shall be subject to the condition that 
    all right, title, and interest in the property shall immediately 
    revert to the United States if--
            (A) the property, or any part of the property--
                (i) ceases to be used as a nonprofit center for public 
            benefit for the interpretation and preservation of maritime 
            history;
                (ii) ceases to be maintained in a manner that is 
            consistent with its present or future use as a site for 
            Coast Guard aids to navigation or compliance with this Act; 
            or
                (iii) ceases to be maintained in a manner consistent 
            with the conditions in paragraph (5) established by the 
            Commandant or the Administrator, as appropriate, pursuant 
            to the National Historic Preservation Act of 1966 (16 
            U.S.C. 470 et seq.); or
            (B) at least 30 days before that reversion, the Commandant 
        or the Administrator, as appropriate, provides written notice 
        to the owner that the property is needed for national security 
        purposes.
        (3) Maintenance of navigation functions.--The conveyance of 
    property under this section shall be made subject to the conditions 
    that the Commandant or Administrator, as appropriate, considers to 
    be necessary to assure that--
            (A) the lights, antennas, and associated equipment located 
        on the property conveyed, which are active aids to navigation, 
        shall continue to be operated and maintained by the United 
        States for as long as they are needed for this purpose;
            (B) the owner of the property may not interfere or allow 
        interference in any manner with aids to navigation without 
        express written permission from the Commandant or 
        Administrator, as appropriate;
            (C) there is reserved to the United States the right to 
        relocate, replace, or add any aid to navigation or make any 
        changes to the property conveyed as may be necessary for 
        navigational purposes;
            (D) the United States shall have the right, at any time, to 
        enter the property without notice for the purpose of operating, 
        maintaining and inspecting aids to navigation, and for the 
        purpose of enforcing compliance with subsection (b); and
            (E) the United States shall have an easement of access to 
        and across the property for the purpose of maintaining the aids 
        to navigation in use on the property.
        (4) Obligation limitation.--The owner of the property is not 
    required to maintain any active aid to navigation equipment on the 
    property, except private aids to navigation permitted under section 
    83 of title 14, United States Code.
        (5) Maintenance of property.--The owner of the property shall 
    maintain the property in a proper, substantial, and workmanlike 
    manner, and in accordance with any conditions established by the 
    Commandant or the Administrator, as appropriate, pursuant to the 
    National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), 
    and other applicable laws.
    (c) Definitions.--In this section:
        (1) Aids to navigation.--The term ``aids to navigation'' means 
    equipment used for navigation purposes, including but not limited 
    to, a light, antenna, sound signal, electronic navigation 
    equipment, or other associated equipment which are operated or 
    maintained by the United States.
        (2) Owner.--The term ``owner'' means the person identified in 
    subsection (a)(1), and includes any successor or assign of that 
    person.
        (3) Delta county historical society.--The term ``Delta County 
    Historical Society'' means the Delta County Historical Society (a 
    nonprofit corporation established under the laws of the State of 
    Michigan, its parent organization, or subsidiary, if any).
        (4) Dunkirk historical lighthouse and veterans' park museum.--
    The term ``Dunkirk Historical Lighthouse and Veterans' Park 
    Museum'' means Dunkirk Historical Lighthouse and Veterans' Park 
    Museum located in Dunkirk, New York, or, if appropriate as 
    determined by the Commandant, the Chautauqua County Armed Forces 
    Memorial Park Corporation, New York.
        (5) Lake county historical society.--The term ``Lake County 
    Historical Society'' means the Lake County Historical Society (a 
    nonprofit corporation established under the laws of the State of 
    Minnesota), its parent organization or subsidiary, if any, and its 
    successors and assigns.
    (d) Notification.--Not less than 1 year prior to reporting to the 
General Services Administration that a lighthouse or light station 
eligible for listing under the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq.) and under the jurisdiction of the Coast 
Guard is excess to the needs of the Coast Guard, the Commandant of the 
Coast Guard shall notify the State in which the lighthouse or light 
station is located, (including the State Historic Preservation Officer, 
if any) the appropriate political subdivision of that State, and any 
lighthouse, historic, or maritime preservation organizations in that 
State, that such property is excess to the needs of the Coast Guard.
    (e) Extension of Period for Conveyance of Whitlock's Mill Light.--
Notwithstanding section 1002(a)(3) of the Coast Guard Authorization Act 
of 1996, the conveyance authorized by section 1002(a)(2)(AA) of that 
Act may take place after the date required by section 1002(a)(3) of 
that Act but no later than December 31, 1998.

SEC. 417. 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. 418. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.

    (a) In General.--The Commandant of the Coast Guard may convey all 
right, title, and interest of the United States in and to each of 2 
decommissioned ``White Class'' 133-foot Coast Guard vessels to 
Canvasback Mission, Inc. (a nonprofit corporation under the laws of the 
State of Oregon; in this section referred to as ``the recipient''), 
without consideration, if--
        (1) the recipient agrees--
            (A) to use the vessel for purposes of providing medical 
        services to Central and South Pacific island nations;
            (B) not to use the vessel for commercial transportation 
        purposes except those incident to the provisions of those 
        medical services;
            (C) to make the vessel available to the United States 
        Government if needed for use by the Commandant in times of war 
        or a national emergency; and
            (D) to hold the Government harmless for any claims arising 
        from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls (PCBs), after conveyance of the 
        vessel, except for claims arising from the use by the 
        Government under paragraph (1)(C);
        (2) the recipient has funds available that will be committed to 
    operate and maintain each vessel conveyed in good working 
    condition, in the form of cash, liquid assets, or a written loan 
    commitment, and in the amount of at least $400,000 per vessel; and
        (3) the recipient agrees to any other conditions the Commandant 
    considers appropriate.
    (b) Maintenance and Delivery of Vessels.--Prior to conveyance of a 
vessel under this section, the Commandant shall, to the extent 
practical, and subject to other Coast Guard mission requirements, make 
every effort to maintain the integrity of the vessel and its equipment 
until the time of delivery. If a conveyance is made under this section, 
the Commandant shall deliver the vessel at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of the vessel under this section shall not 
be considered a distribution in commerce for purposes of section 6(e) 
of Public Law 94-469 (15 U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as a medical services vessel in 
Central and South Pacific Islands.

SEC. 419. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

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

SEC. 420. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE 
              INTERIOR.

    The Administrator of the General Services Administration shall 
transfer administrative jurisdiction over the Federal property 
consisting of approximately 2 acres, known as the Ocracoke Light 
Station, to the Secretary of the Interior, subject to such 
reservations, terms, and conditions as may be necessary for Coast Guard 
purposes. All property so transferred shall be included in and 
administered as part of the Cape Hatteras National Seashore.

SEC. 421. VESSEL DOCUMENTATION CLARIFICATION.

    Section 12102(a)(4) of title 46, United States Code, and section 
2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each amended 
by--
        (1) striking ``president or other''; and
        (2) inserting a comma and ``by whatever title,'' after ``chief 
    executive officer''.

SEC. 422. DREDGE CLARIFICATION.

    Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is 
amended by adding at the end the following:
        ``(3) A vessel--
            ``(A) configured, outfitted, and operated primarily for 
        dredging operations; and
            ``(B) engaged in dredging operations which transfers fuel 
        to other vessels engaged in the same dredging operations 
        without charge.''.

SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.

    Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. Code 
3703a note) is amended by adding at the end the following:
        ``(3)(A) The Secretary of Transportation shall coordinate with 
    the Marine Board of the National Research Council to conduct the 
    necessary research and development of a rationally based 
    equivalency assessment approach, which accounts for the overall 
    environmental performance of alternative tank vessel designs. 
    Notwithstanding the Coast Guard opinion of the application of 
    sections 101 and 311 of the Clean Water Act (33 U.S.C. 1251 and 
    1321), the intent of this study is to establish an equivalency 
    evaluation procedure that maintains a high standard of 
    environmental protection, while encouraging innovative ship design. 
    The study shall include:
            ``(i) development of a generalized cost spill data base, 
        which includes all relevant costs such as clean-up costs and 
        environmental impact costs as a function of spill size;
            ``(ii) refinement of the probability density functions used 
        to establish the extent of vessel damage, based on the latest 
        available historical damage statistics, and current research on 
        the crash worthiness of tank vessel structures;
            ``(iii) development of a rationally based approach for 
        calculating an environmental index, to assess overall outflow 
        performance due to collisions and groundings; and
            ``(iv) application of the proposed index to double hull 
        tank vessels and alternative designs currently under 
        consideration.
        ``(B) A Marine Board committee shall be established not later 
    that 2 months after the date of the enactment of the Coast Guard 
    Authorization Act of 1998. The Secretary of Transportation shall 
    submit to the Committee on Commerce, Science, and Transportation of 
    the Senate and the Committee on Transportation and Infrastructure 
    in the House of Representatives a report on the results of the 
    study not later than 12 months after the date of the enactment of 
    the Coast Guard Authorization Act of 1998.
        ``(C) Of the amounts authorized by section 1012(a)(5)(A) of 
    this Act, $500,000 is authorized to carry out the activities under 
    subparagraphs (A) and (B) of this paragraph.''.

SEC. 424. VESSEL SHARING AGREEMENTS.

    (a) Section 5 of the Shipping Act of 1984 (46 U.S.C. App. 1704) is 
amended by adding at the end the following:
    ``(g) Vessel Sharing Agreements.--An ocean common carrier that is 
the owner, operator, or bareboat, time, or slot charterer of a United 
States-flag liner vessel documented pursuant to sections 12102(a) or 
(d) of title 46, United States Code, is authorized to agree with an 
ocean common carrier that is not the owner, operator or bareboat 
charterer for at least 1 year of United States-flag liner vessels which 
are eligible to be included in the Maritime Security Fleet Program and 
are enrolled in an Emergency Preparedness Program pursuant to subtitle 
B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187 et 
seq.), to which it charters or subcharters the United States-flag 
vessel or space on the United States-flag vessel that such charterer or 
subcharterer may not use or make available space on the vessel for the 
carriage of cargo reserved by law for United States-flag vessels.''.
    (b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. App. 
1709(c)(6)) is amended by inserting ``authorized by section 5(g) of 
this Act, or as'' before ``otherwise''.
    (c) Nothing in this section shall affect or in any way diminish the 
authority or effectiveness of orders issued by the Maritime 
Administration pursuant to sections 9 and 41 of the Shipping Act, 1916 
(46 U.S.C. App. 808 and 839).
    (d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C. App. 
1702(6)(B)) is amended by striking ``parcel-tanker.'' and inserting 
``parcel-tanker or by vessel when primarily engaged in the carriage of 
perishable agricultural commodities (i) if the common carrier and the 
owner of those commodities are wholly-owned, directly or indirectly, by 
a person primarily engaged in the marketing and distribution of those 
commodities and (ii) only with respect to the carriage of those 
commodities.''.

SEC. 425. REPORTS.

    (a) SWATH Technology.--The Commandant of the Coast Guard shall, 
within 18 months after the date of the enactment of this Act, report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House Committee on Transportation and Infrastructure on the 
applicability of Small Waterplane Area Twin Hull (SWATH) technology, 
including concepts developed by the United States Office of Naval 
Research, to the design of Coast Guard vessels.
    (b) Marine Guidance Systems.--The Secretary of Transportation 
shall, within 12 months after the date of the enactment of this Act, 
evaluate and report to the Congress on the suitability of marine sector 
laser lighting, cold cathode lighting, and ultraviolet enhanced vision 
technologies for use in guiding marine vessels and traffic.

SEC. 426. REPORT ON TONNAGE CALCULATION METHODOLOGY.

    The Administrator of the Panama Canal Commission shall, within 90 
days of the date of the enactment of this Act, submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report detailing the methodology employed in the calculation 
of the charge of tolls for the carriage of on-deck containers and the 
justification thereof.

SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSELS.

    (a) Authority To Convey.--Notwithstanding any other law, the 
Secretary of Transportation (referred to in this section as ``the 
Secretary'') may convey all right, title, and interest of the Federal 
Government in and to either or both of the vessels S.S. AMERICAN 
VICTORY (United States official number 248005) and S.S. HATTIESBURG 
VICTORY (United States official number 248651) to The Victory Ship, 
Inc., located in Tampa, Florida (in this section referred to as the 
``recipient''), and the recipient may use each vessel conveyed only as 
a memorial to the Victory class of ships.
    (b) Terms of Conveyance.--
        (1) Delivery of vessel.--In carrying out subsection (a), the 
    Secretary shall deliver a vessel--
            (A) at the place where the vessel is located on the date of 
        conveyance;
            (B) in its condition on that date; and
            (C) at no cost to the Federal Government.
        (2) Required conditions.--The Secretary may not convey a vessel 
    under this section unless--
            (A) the recipient agrees to hold the Government harmless 
        for any claims arising from exposure to hazardous material, 
        including asbestos and polychlorinated biphenyls, after 
        conveyance of the vessel, except for claims arising before the 
        date of the conveyance or from use of the vessel by the 
        Government after that date; and
            (B) the recipient has available, for use to restore the 
        vessel, in the form of cash, liquid assets, or a written loan 
        commitment, financial resources of at least $100,000.
        (3) Additional terms.--The Secretary may require such 
    additional terms in connection with the conveyance authorized by 
    this section as the Secretary considers appropriate.
    (c) Other Unneeded Equipment.--The Secretary may convey to the 
recipient of any vessel conveyed under this section any unneeded 
equipment from other vessels in the National Defense Reserve Fleet, for 
use to restore the vessel conveyed under this section to museum 
quality.

SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, 
              JOHN HENRY.

    (a) Authority to Convey.--Notwithstanding any other law, the 
Secretary of Transportation (in this section referred to as ``the 
Secretary'') may convey all right, title, and interest of the United 
States Government in and to the vessel JOHN HENRY (United States 
official number 599294) to a purchaser for use in humanitarian relief 
efforts, including the provision of water and humanitarian goods to 
developing nations.
    (b) Terms of Conveyance.--
        (1) Delivery of vessel.--In carrying out subsection (a), the 
    Secretary shall deliver the vessel--
            (A) at the place where the vessel is located on the date of 
        conveyance;
            (B) in its condition on that date;
            (C) at no cost to the United States Government; and
            (D) only after the vessel has been redesignated as not 
        militarily useful.
        (2) Required conditions.--The Secretary may not convey a vessel 
    under this section unless--
            (A) competitive procedures are used for sales under this 
        section;
            (B) the vessel is sold for not less than the fair market 
        value of the vessel in the United States, as determined by the 
        Secretary of Transportation;
            (C) the recipient agrees that the vessel shall not be used 
        for commercial transportation purposes or for the carriage of 
        cargoes reserved to United States flag commercial vessels under 
        section 901(b) and 901f of the Merchant Marine Act, 1936 (46 
        U.S.C. App. 1241(b) and 1241f);
            (D) the recipient agrees to hold the Government harmless 
        for any claims arising from exposure to hazardous material, 
        including asbestos and polychlorinated biphenyls, after the 
        conveyance of the vessel, except for claims arising before the 
        date of the conveyance or from use of the vessel by the 
        Government after that date; and
            (E) the recipient provides sufficient evidence to the 
        Secretary that it has financial resources in the form of cash, 
        liquid assets, or a written loan commitment of at least 
        $100,000.
            (F) the recipient agrees to make the vessel available to 
        the Government if the Secretary requires use of the vessel by 
        the Government for war or national emergency.
            (G) the recipient agrees to document the vessel under 
        chapter 121 of title 46, United States Code.
        (3) Additional terms.--The Secretary may require such 
    additional terms in connection with the conveyance authorized by 
    this section as the Secretary considers appropriate.
    (c) Proceeds.--Any amounts received by the United States as 
proceeds from the sale of the M/V JOHN HENRY shall be deposited in the 
Vessel Operations Revolving Fund established by the Act of June 2, 1951 
(chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended 
in accordance with section 6(a) of the National Maritime Heritage Act 
(16 U.S.C. App. 5405(a)).

SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND 
              ENCUMBRANCES.

    Section 315(c)(1) of the Federal Maritime Commission Authorization 
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
        (1) by striking ``3 contiguous tracts'' and inserting ``4 
    tracts''; and
        (2) by striking ``Tract A'' and all that follows through the 
    end of the paragraph and inserting the following:
``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point 
          `A' as shown on plat of survey of `Boundary Agreement of CAFB' 
          by D.W. Jessen and Associates, Civil Engineers, Lake Charles, 
          Louisiana, dated August 7, 1973, and filed in Plat Book 23, at 
          page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 
          29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 
          29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point 
          of commencement and containing 11,000 square feet (0.2525 
          acres).
``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point 
          `A' as shown on plat of survey of `Boundary Agreement of CAFB' 
          by D.W. Jessen and Associates, Civil Engineers, Lake Charles, 
          Louisiana, dated August 7, 1973, and filed in Plat Book 23, at 
          page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 
          29, 09" E 169.3 feet; thence S45+ 28, 31" W 75 feet; (Deed 
          Call S45+ 30, 51" W 75 feet), thence N44+ 29, 09" W 169.3 
          feet; thence N45+ 28, 31" E 75 feet to the point of 
          commencement and containing 12,697 square feet (0.2915 acres).
``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point 
          `A' as shown on plat of survey of `Boundary Agreement of CAFB' 
          by D.W. Jessen and Associates, Civil Engineers, Lake Charles, 
          Louisiana, dated August 7, 1973, and filed in Plat Book 23, at 
          page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 
          29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 
          29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point 
          of commencement and containing 11,000 square feet (0.2525 
          acres).
``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29, 
          09" E 169.3 feet from point `A' as shown on plat of survey of 
          `Boundary Agreement of CAFB' by D.W. Jessen and Associates, 
          Civil Engineers, Lake Charles, Louisiana, dated August 7, 
          1973, and filed in Plat Book 23, at page 20, Records of 
          Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 50.7 feet; 
          thence N45+ 28, 31" E 75 feet; thence N44+ 29, 09" W 50.7 
          feet; thence S45+ 28, 31" W 75 feet (Deed Call S45+ 30, 51" W 
          75 feet) to the point of commencement and containing 3,802 
          square feet (0.0873 acres).
``Composite Description--A tract of land lying in section 2, Township 10 
          South--Range 8 West, Calcasieu Parish, Louisiana, and being 
          mone [sic] particularly described as follows: Begin at a point 
          N45+ 28, 31" E 123.3 feet from point `A' as shown on plat of 
          survey of `Boundary Agreement of CAFB' by D.W. Jessen and 
          Associates, Civil Engineers, Lake Charles, Louisiana, dated 
          August 7, 1973, and filed in Plat Book 23, at page 20, Records 
          of Calcasieu Parish, Louisiana; thence N45+ 28, 31" E 175.0 
          feet; thence S44+ 29, 09" E 220.0 feet; thence S45+ 28, 31" W 
          175.0 feet; thence N44+ 29, 09" W 220.0 feet to the point of 
          beginning, containing 0.8035 acres.''.

SEC. 430. BARGE APL-60.

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(46 U.S.C. App. 289), and section 12106 of title 46, United States 
Code, the Secretary may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
barge APL-60 (United States official number 376857).
    (b) Limitations.--The vessel described in subsection (a) may be 
employed in the coastwise trade only for the purpose of participating 
in the ship disposal initiative initially funded by the Department of 
Defense Appropriations Act, 1999, for the duration of that initiative.
    (c) Termination.--A coastwise endorsement issued under subsection 
(a) shall terminate on the earlier of--
        (1) the completion of the final coastwise trade voyage 
    associated with the ship disposal initiative described in 
    subsection (b); or
        (2) the sale or transfer of the vessel described in subsection 
    (a) to an owner other than the owner of the vessel as of October 1, 
    1998.

SEC. 431. VESSEL FINANCING FLEXIBILITY.

    The Secretary of Transportation may guarantee obligations under 
section 1103 of the Merchant Marine Act, 1936 (46 U.S.C. App.1273), for 
the vessels planned for construction to be purchased by the American 
West Steamboat Company and to be named QUEEN OF THE YUKON, which will 
operate on the Yukon and Tanana Rivers, and EMPRESS OF THE NORTH, which 
will operate in Alaska, Washington, and Oregon. Notwithstanding 
sections 509, 1103(c)), and 1104A(b) of the Merchant Marine Act, 1936 
(46 U.S.C. App. 1159, 1273(c), and 1274(b)), the Secretary of 
Transportation may guarantee obligations of 87\1/2\ percent of the 
purchase price of such vessels. Each obligation guaranteed under this 
section may have a maturity date of 25 years from the date of delivery 
of the vessel concerned.

SEC. 432. HYDROGRAPHIC FUNCTIONS.

    (a) Effective Date.--Subsections (b) and (c) shall take effect 
immediately after the later of--
        (1) the enactment of the Hydrographic Services Improvement Act 
    of 1998; or
        (2) the enactment of this Act.
    (b) Authorization of Appropriations.--Section 306 of the 
Hydrographic Services Improvement Act of 1998 is amended to read as 
follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Administrator the 
following:
        ``(1) To carry out nautical mapping and charting functions 
    under the Act of 1947 and sections 303 and 304, except for 
    conducting hydrographic surveys, $33,000,000 for fiscal year 1999, 
    $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 
    2001.
        ``(2) To conduct hydrographic surveys under section 303(a)(1), 
    including the leasing of ships, $33,000,000 for fiscal year 1999, 
    $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 
    2001. Of these amounts, no more than $16,000,000 is authorized for 
    any one fiscal year to operate hydrographic survey vessels owned 
    and operated by the Administration.
        ``(3) To carry out geodetic functions under the Act of 1947, 
    $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, 
    and $30,000,000 for fiscal year 2001.
        ``(4) To carry out tide and current measurement functions under 
    the Act of 1947, $22,500,000 for each of fiscal years 1999 through 
    2001. Of these amounts $4,500,000 is authorized for each fiscal 
    year to implement and operate a national quality control system for 
    real-time tide and current and maintain the national tide network, 
    and $7,000,000 is authorized for each fiscal year to design and 
    install real-time tide and current data measurement systems under 
    section 303(b)(4).''.
    (c) Repeal of Report Requirements.--Section 305 of the Hydrographic 
Services Improvement Act of 1998 is amended by striking subsections (a) 
and (d).

         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 
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 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) Small passenger vessel; uninspected passenger vessel; 
    passenger for hire.--The terms ``small passenger vessel'', 
    ``uninspected passenger vessel'', and ``passenger for hire'' have 
    the meaning given such terms by section 2101 of title 46, United 
    States Code.

SEC. 505. SUNSET.

    (a) In General.--Subject to subsection (b), this title (other than 
this section) shall have no force or effect on or after September 30, 
2002.
    (b) Endorsements Continue.--Any certificate or endorsement issued 
under section 502 before the date referred to in subsection (a) of this 
section shall continue in effect until otherwise invalidated or revoked 
under chapter 121 of title 46, United States Code.

               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 United States Virgin Islands; and shellfish 
    poisonings in the Gulf of Maine, the Pacific Northwest, and the 
    Gulf of Alaska;
        (3) in certain cases, harmful algal blooms have resulted in 
    fish kills, the deaths of numerous endangered West Indian manatees, 
    beach and shellfish bed closures, threats to public health and 
    safety, and concern among the public about the safety of seafood;
        (4) according to some scientists, the factors causing or 
    contributing to harmful algal blooms may include excessive 
    nutrients in coastal waters, other forms of pollution, the transfer 
    of harmful species through ship ballast water, and ocean currents;
        (5) harmful algal blooms may have been responsible for an 
    estimated $1,000,000,000 in economic losses during the past decade;
        (6) harmful algal blooms and blooms of non-toxic algal species 
    may lead to other damaging marine conditions such as hypoxia 
    (reduced oxygen concentrations), which are harmful or fatal to 
    fish, shellfish, and benthic organisms;
        (7) according to the National Oceanic and Atmospheric 
    Administration in the Department of Commerce, 53 percent of United 
    States estuaries experience hypoxia for at least part of the year 
    and a 7,000 square mile area in the Gulf of Mexico off Louisiana 
    and Texas suffers from hypoxia;
        (8) according to some scientists, a factor believed to cause 
    hypoxia is excessive nutrient loading into coastal waters;
        (9) there is a need to identify more workable and effective 
    actions to reduce nutrient loadings to coastal waters;
        (10) the National Oceanic and Atmospheric Administration, 
    through its ongoing research, education, grant, and coastal 
    resource management programs, possesses a full range of 
    capabilities necessary to support a near and long-term 
    comprehensive effort to prevent, reduce, and control harmful algal 
    blooms and hypoxia;
        (11) funding for the research and related programs of the 
    National Oceanic and Atmospheric Administration will aid in 
    improving the Nation's understanding and capabilities for 
    addressing the human and environmental costs associated with 
    harmful algal blooms and hypoxia; and
        (12) other Federal agencies such as the Environmental 
    Protection Agency, the Department of Agriculture, and the National 
    Science Foundation, along with the States, Indian tribes, and local 
    governments, conduct important work related to the prevention, 
    reduction, and control of harmful algal blooms and hypoxia.

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 the enactment of 
    this title, the Task Force, in cooperation with the coastal States, 
    Indian tribes, and local governments, industry (including 
    agricultural organizations), academic institutions, and non-
    governmental organizations with expertise in coastal zone 
    management, shall complete and submit to the Congress an assessment 
    which examines the ecological and economic consequences of harmful 
    algal blooms, alternatives for reducing, mitigating, and 
    controlling harmful algal blooms, and the social and economic costs 
    and benefits of such alternatives.
        (2) The assessment shall--
            (A) identify alternatives for preventing unnecessary 
        duplication of effort among Federal agencies and departments 
        with respect to harmful algal blooms; and
            (B) provide for Federal cooperation and coordination with 
        and assistance to the coastal States, Indian tribes, and local 
        governments in the prevention, reduction, management, 
        mitigation, and control of harmful algal blooms and their 
        environmental and public health impacts.
    (c) Assessment of Hypoxia.--
        (1) Not later than 12 months after the date of the enactment of 
    this title, the Task Force, in cooperation with the States, Indian 
    tribes, local governments, industry, agricultural, academic 
    institutions, and non-governmental organizations with expertise in 
    watershed and coastal zone management, shall complete and submit to 
    the Congress an assessment which examines the ecological and 
    economic consequences of hypoxia in United States coastal waters, 
    alternatives for reducing, mitigating, and controlling hypoxia, and 
    the social and economic costs and benefits of such alternatives.
        (2) The assessment shall--
            (A) establish needs, priorities, and guidelines for a peer-
        reviewed, inter-agency research program on the causes, 
        characteristics, and impacts of hypoxia;
            (B) identify alternatives for preventing unnecessary 
        duplication of effort among Federal agencies and departments 
        with respect to hypoxia; and
            (C) provide for Federal cooperation and coordination with 
        and assistance to the States, Indian tribes, and local 
        governments in the prevention, reduction, management, 
        mitigation, and control of hypoxia and its environmental 
        impacts.
    (e) Disestablishment of Task Force.--The President may disestablish 
the Task Force after submission of the plan in section 604(d).

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, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal year 
2000, and $19,000,000 for fiscal year 2001, to remain available until 
expended. The Secretary shall consult with the States on a regular 
basis regarding the development and implementation of the activities 
authorized under this section. Of such amounts for each fiscal year--
        (1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 
    2000, and $2,000,000 for fiscal year 2001 may be used to enable the 
    National Oceanic and Atmospheric Administration to carry out 
    research and assessment activities, including procurement of 
    necessary research equipment, at research laboratories of the 
    National Ocean Service and the National Marine Fisheries Service;
        (2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 
    2000, and $5,500,000 for fiscal year 2001 may be used to carry out 
    the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) 
    project under the Coastal Ocean Program established under section 
    201(c) of Public Law 102-567;
        (3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 
    2000, and $2,000,000 for fiscal year 2001 may be used by the 
    National Ocean Service of the National Oceanic and Atmospheric 
    Administration to carry out a peer-reviewed research project on 
    management measures that can be taken to prevent, reduce, control, 
    and mitigate harmful algal blooms;
        (4) $5,500,000 for each of the fiscal years 1999, 2000, and 
    2001 may be used to carry out Federal and State annual monitoring 
    and analysis activities for harmful algal blooms administered by 
    the National Ocean Service of the National Oceanic and Atmospheric 
    Administration; and
        (5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 
    2000, and $4,000,000 for fiscal year 2001 may be used for 
    activities related to research and monitoring on hypoxia by the 
    National Ocean Service and the Office of Oceanic and Atmospheric 
    Research of the National Oceanic and Atmospheric Administration.

SEC. 606. PROTECTION OF STATES' RIGHTS.

    (a) Nothing in this title shall be interpreted to adversely affect 
existing State regulatory or enforcement power which has been granted 
to any State through the Clean Water Act or Coastal Zone Management Act 
of 1972.
    (b) Nothing in this title shall be interpreted to expand the 
regulatory or enforcement power of the Federal Government which has 
been delegated to any State through the Clean Water Act or Coastal Zone 
Management Act of 1972.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.