[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 221

105th CONGRESS

  1st Session

                               H. R. 2204

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                            October 22, 1997

            Received; read twice and placed on the calendar
                                                       Calendar No. 221
105th CONGRESS
  1st Session
                                H. R. 2204


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 1997

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1997''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Removal of cap on warrant officer severance pay.
Sec. 202. Authority to implement awards programs.
                        TITLE III--MARINE SAFETY

Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a 
                            vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, 
                            Jacksonville, Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Coast Guard facility in Nahant, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University 
                            in Jacksonville, Florida.
Sec. 408. Penalty for violation of international safety convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station, Boston Marshfield 
                            Receiver Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill 
                            prevention and response activities.
Sec. 412. Vessel deemed to be a recreational vessel.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North 
                            Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, 
                            Michigan.
Sec. 415. Dry bulk cargo residue.
Sec. 416. Maintenance of foghorns.
Sec. 417. Conveyance of Eagle Harbor Light Station.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard, as follows:
            (1) For the operation and maintenance of the Coast Guard--
                    (A) for fiscal year 1998, $2,790,700,000; and
                    (B) for fiscal year 1999, $2,854,700,000; of which 
                $25,000,000 shall be derived each fiscal year from the 
                Oil Spill Liability Trust Fund to carry out the 
                purposes of section 1012(a)(5) of the Oil Pollution Act 
                of 1990.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto--
                    (A) for fiscal year 1998, $401,000,000, of which 
                $2,000,000 shall be made available for concept 
                evaluation for a replacement vessel for the Coast Guard 
                icebreaker MACKINAW, which concept evaluation shall be 
                transmitted to the Congress not later than April 1, 
                1998; and
                    (B) for fiscal year 1999, $440,000,000;
        to remain available until expended, of which $20,000,000 shall 
        be derived each fiscal year from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness--
                    (A) for fiscal year 1998, $19,500,000; and
                    (B) for fiscal year 1999, $19,000,000;
        to remain available until expended, of which $3,500,000 shall 
        be derived each fiscal year from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code--
                    (A) for fiscal year 1998, $652,000,000; and
                    (B) for fiscal year 1999, $692,000,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program--
                    (A) for fiscal year 1998, $17,300,000; and
                    (B) for fiscal year 1999, $20,000,000,
        to remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $21,000,000 for each of 
        fiscal years 1998 and 1999, to remain available until expended.

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

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

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. REMOVAL OF CAP ON WARRANT OFFICER SEVERANCE PAY.

    Section 286a(d) of title 14, United States Code, is amended by 
striking the last sentence.

SEC. 202. AUTHORITY TO IMPLEMENT AWARDS PROGRAMS.

    Section 93 of title 14, United States Code, is amended--
            (1) in paragraph (s), by striking the comma at the end and 
        inserting a semicolon;
            (2) in paragraph (t), by redesignating subparagraphs (1) 
        and (2) as subparagraphs (A) and (B), respectively;
            (3) by redesignating paragraphs (a) through (v) in order as 
        paragraphs (1) through (21);
            (4) by redesignating the existing text (as so amended) as 
        subsection (a); and
            (5) by adding at the end the following new subsection:
    ``(b) The Commandant may provide for the honorary recognition of 
individuals and organizations, including State and local governments 
and commercial and nonprofit organizations, that significantly 
contribute to Coast Guard programs, missions, or operations, by 
awarding plaques, medals, trophies, badges, and similar items to 
acknowledge that contribution.''.

                        TITLE III--MARINE SAFETY

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

    (a) Ports and Waterways Safety Act.--Section 3 of the Ports and 
Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end 
the following:
            ``(5) `Navigable waters of the United States' includes all 
        waters of the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.''.
    (b) Title 46, United States Code.--Subtitle II of title 46, United 
States Code, is amended as follows:
            (1) In section 2101--
                    (A) by redesignating paragraph (17a) as paragraph 
                (17b); and
                    (B) by inserting after paragraph (17) the 
                following:
            ``(17a) `navigable waters of the United States' includes 
        all waters of the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.''.
            (2) In section 2301, by inserting ``(including the 
        territorial sea of the United States as described in 
        Presidential Proclamation 5928 of December 27, 1988)'' after 
        ``of the United States''.
            (3) In section 4102(e), by striking ``on the high seas'' 
        and inserting ``beyond 3 nautical miles from the baseline from 
        which the territorial sea of the United States is measured''.
            (4) In section 4301(a), by inserting ``(including the 
        territorial sea of the United States as described in 
        Presidential Proclamation 5928 of December 27, 1988)'' after 
        ``of the United States''.
            (5) In section 4502(a)(7), by striking ``on vessels that 
        operate on the high seas'' and inserting ``beyond 3 nautical 
        miles from the baseline from which the territorial sea of the 
        United States is measured''.
            (6) In section 4506(b), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baseline 
                from which the territorial sea of the United States is 
                measured.''.
            (7) In section 8502(a)(3), by striking ``not on the high 
        seas'' and inserting: ``not beyond 3 nautical miles from the 
        baseline from which the territorial sea of the United States is 
        measured''.
            (8) In section 8503(a), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baseline 
                from which the territorial sea of the United States is 
                measured.''.

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

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 2302. Penalties for negligent operations and interfering with 
              safe operation'';
            and
            (2) in subsection (a) by striking ``that endangers'' and 
        inserting ``or interfering with the safe operation of a vessel, 
        so as to endanger''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 46, United States Code, is amended by striking the 
item relating to section 2302 and inserting the following:

``2302. Penalties for negligent operations and interfering with safe 
                            operation.''.

SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

    Section 9307 of title 46, United States Code, is amended to read as 
follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
    ``(a) The Secretary shall establish a Great Lakes Pilotage Advisory 
Committee. The Committee--
            ``(1) may review proposed Great Lakes Pilotage regulations 
        and policies and make recommendations to the Secretary that the 
        Committee considers appropriate;
            ``(2) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to Great 
        Lakes pilotage;
            ``(3) may make available to the Congress recommendations 
        that the Committee makes to the Secretary; and
            ``(4) shall meet at the call of--
                    ``(A) the Secretary, who shall call such a meeting 
                at least once during each calendar year; or
                    ``(B) a majority of the Committee.
    ``(b)(1) The Committee shall consist of 7 members appointed by the 
Secretary in accordance with this subsection, each of whom has at least 
5 years practical experience in maritime operations. The term of each 
member is for a period of not more than 5 years, specified by the 
Secretary. Before filling a position on the Committee, the Secretary 
shall publish a notice in the Federal Register soliciting nominations 
for membership on the Committee.
    ``(2) The membership of the Committee shall include--
            ``(A) 3 members who are practicing Great Lakes pilots and 
        who reflect a regional balance;
            ``(B) 1 member representing the interests of vessel 
        operators that contract for Great Lakes pilotage services;
            ``(C) 1 member representing the interests of Great Lakes 
        ports;
            ``(D) 1 member representing the interests of shippers whose 
        cargoes are transported through Great Lakes ports; and
            ``(E) 1 member representing the interests of the general 
        public, who is an independent expert on the Great Lakes 
        maritime industry.
    ``(c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the Chairman, or 
in the event of a vacancy in the office of the Chairman.
    ``(2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. The representatives shall, as appropriate, report to and 
advise the Committee on matters relating to Great Lakes pilotage. The 
Secretary's designated representative shall act as the executive 
secretary of the Committee and shall perform the duties set forth in 
section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(d)(1) The Secretary shall, whenever practicable, consult with 
the Committee before taking any significant action relating to Great 
Lakes pilotage.
    ``(2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting Great Lakes pilotage.
    ``(e)(1) A member of the Committee, when attending meetings of the 
Committee or when otherwise engaged in the business of the Committee, 
is entitled to receive--
            ``(A) compensation at a rate fixed by the Secretary, not 
        exceeding the daily equivalent of the current rate of basic pay 
        in effect for GS-18 of the General Schedule under section 5332 
        of title 5 including travel time; and
            ``(B) travel or transportation expenses under section 5703 
        of title 5.
    ``(2) A member of the Committee shall not be considered to be an 
officer or employee of the United States for any purpose based on their 
receipt of any payment under this subsection.
    ``(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies 
to the Committee, except that the Committee terminates on September 30, 
2003.
    ``(2) 2 years before the termination date set forth in paragraph 
(1) of this subsection, the Committee shall submit to the Congress its 
recommendation regarding whether the Committee should be renewed and 
continued beyond the termination date.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    Title 46, United States Code, is amended--
            (1) in section 12102(a), by striking ``or is not titled in 
        a State'';
            (2) in section 12301, by adding at the end the following:
    ``(c) A documented vessel shall not be titled by a State or 
required to display numbers under this chapter, and any certificate of 
title issued by a State for a documented vessel shall be surrendered in 
accordance with regulations prescribed by the Secretary.
    ``(d) The Secretary may approve the surrender under subsection (c) 
of a certificate of title covered by a preferred mortgage under section 
31322(d) of this title only if the mortgagee consents.'';
            (3) in section 31322--
                    (A) by amending subsection (b) to read as follows:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage, 
security agreement, or instrument granting a security interest that is 
deemed to be a preferred mortgage under subsection (d) of this section, 
may have any rate of interest to which the parties agree.'';
                    (B) in subsection (d)(1), by striking ``mortgage or 
                instrument'' each place it appears and inserting 
                ``mortgage, security agreement, or instrument'';
                    (C) in subsection (d)(2), by striking ``mortgages 
                or instruments'' and inserting ``mortgages, security 
                agreements, or instruments''; and
                    (D) in subsection (d), by amending paragraph (3) to 
                read as follows:
    ``(3) A preferred mortgage under this subsection continues to be a 
preferred mortgage even if the vessel is no longer titled in the State 
where the mortgage, security agreement, or instrument granting a 
security interest became a preferred mortgage under this subsection.''; 
and
            (4) in section 31325--
                    (A) in subsection (b)(1), by inserting ``a vessel 
                titled in a State,'' after ``a vessel to be documented 
                under chapter 121 of this title,'';
                    (B) in subsection (b)(3), by inserting ``a vessel 
                titled in a State,'' after ``a vessel for which an 
                application for documentation is filed under chapter 
                121 of this title,''; and
                    (C) in subsection (c), by inserting ``a vessel 
                titled in a State,'' after ``a vessel to be documented 
                under chapter 121 of this title,''.

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

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

SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.

    (a) General Waiver.--Notwithstanding section 27 of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 
1886 (46 App. U.S.C. 289), and sections 12106 and 12108 of title 46, 
United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for each of 
the following vessels:
            (1) SEAGULL (United States official number 1038605).
            (2) BAREFOOT CONTESA (United States official number 
        285410).
            (3) PRECIOUS METAL (United States official number 596316).
            (4) BLUE HAWAII (State of Florida registration number 
        FL0466KC).
            (5) SOUTHERN STAR (United States official number 650774).
            (6) KEEWAYDIN (United States official number 662066).
            (7) W.G. JACKSON (United States official number 1047199).
            (8) The vessel known as hopper barge E-15 (North Carolina 
        State official number 264959).
            (9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian 
        registration number 318746).
            (10) MAR Y PAZ (United States official number 668179).
            (11) SAMAKEE (State of New York registration number NY 4108 
        FK).
            (12) NAWNSENSE (United States official number 977593).
            (13) ELMO (State of Florida registration number FL5337BG).
            (14) MANA-WANUI (United States official number 286657).
            (15) OLD JOE (formerly TEMPTRESS; United States official 
        number 991150).
            (16) M/V BAHAMA PRIDE (United States official number 
        588647).
            (17) WINDWISP (United States official number 571621).
            (18) SOUTHLAND (United States official number 639705).
            (19) FJORDING (United States official number 594363).
            (20) M/V SAND ISLAND (United States official number 
        542918).
            (21) PACIFIC MONARCH (United States official number 
        557467).
            (22) FLAME (United States official number 279363).
            (23) DULARGE (United States official number 653762).
    (b) Ownership of Vessel PHILADELPHIA.--Notwithstanding section 2 of 
the Shipping Act, 1916 (46 App. U.S.C. 802, 803) and section 
12102(a)(4) of title 46, United States Code, the parent corporation of 
the corporation holding title to the vessel PHILADELPHIA (United States 
official number 654192) on May 3, 1995, is deemed on that date and 
thereafter to be a citizen of the United States for purposes of owning 
corporations whose vessels are eligible for documentation under chapter 
121 of title 46, United States Code, with a coastwise endorsement, if--
            (1) the chief executive officer of the parent corporation 
        is a citizen of the United States;
            (2) the chairman of the board of directors of the parent 
        corporation is a citizen of the United States, and the number 
        of its directors who are noncitizens does not exceed a minority 
        of the number necessary to constitute a quorum;
            (3) the parent corporation meets the stock ownership 
        requirements of section 2 of the Shipping Act, 1916, for 
        operating a vessel in the coastwise trade;
            (4) the corporation holding title is otherwise eligible to 
        own a vessel operated in the coastwise trade; and
            (5) the vessel is otherwise eligible to be operated in the 
        coastwise trade.
    (c) SUNMAR SKY.--Section 1120(g) of the Coast Guard Authorization 
Act of 1996 (Public Law 104-324; 110 Stat. 3978) is amended by 
inserting ``SUNMAR SKY (United States official number 683227),'' after 
``vessels''.
    (d) Documentation of the Vessel PRINCE NOVA.--
            (1) Documentation authorized.--Notwithstanding section 27 
        of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 
        8 of the Act of June 19, 1886 (46 App. U.S.C. 289), and section 
        12106 of title 46, United States Code, the Secretary of 
        Transportation may issue a certificate of documentation with 
        appropriate endorsement for employment in the coastwise trade 
        for the vessel PRINCE NOVA (Canadian registration number 
        320804).
            (2) Expiration of certificate.--A certificate of 
        documentation issued for the vessel under paragraph (1) shall 
        expire unless--
                    (A) the vessel undergoes conversion, 
                reconstruction, repair, rebuilding, or retrofitting in 
                a shipyard located in the United States;
                    (B) the cost of that conversion, reconstruction, 
                repair, rebuilding, or retrofitting is not less than 
                the greater of--
                            (i) three times the purchase value of the 
                        vessel before the conversion, reconstruction, 
                        repair, rebuilding, or retrofitting; or
                            (ii) $4,200,000; and
                    (C) not less than an average of $1,000,000 is spent 
                annually in a shipyard located in the United States for 
                conversion, reconstruction, repair, rebuilding, or 
                retrofitting of the vessel until the total amount of 
                the cost required under subparagraph (B) is spent.
    (e) Documentation of Vessel COLUMBUS.--
            (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), sections 12102 and 12106 
        of title 46, United States Code, and the endorsement limitation 
        in section 5501(a)(2)(B) of Public Law 102-587, and subject to 
        paragraph (2), the Secretary of Transportation may issue a 
        certificate of documentation with appropriate endorsement for 
        employment in the coastwise trade for the vessel COLUMBUS 
        (United States official number 590658).
            (2) Limitation.--Coastwise trade referred to in paragraph 
        (1) may not include the transportation of dredged material from 
        a project in which the stated intent of the Corps of Engineers, 
        in its Construction Solicitation, or of another contracting 
        entity, is that the dredged material is to be deposited--
                    (A) above mean high tide for the purpose of beach 
                nourishment; or
                    (B) into a fill area for the purpose of creation of 
                land for an immediate use other than disposal of the 
                dredged material.

SEC. 404. CONVEYANCE OF COAST GUARD FACILITY IN NAHANT, MASSACHUSETTS.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the property 
        comprising United States Coast Guard Recreation Facility 
        Nahant, Massachusetts, to the town of Nahant, Massachusetts.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the terms and conditions the Secretary 
        considers appropriate.

SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.

    Notwithstanding any other provision of law, the liftbridge over the 
back channel of the Schuylkill River in Philadelphia, Pennsylvania, is 
deemed to unreasonably obstruct navigation for purposes of the Act 
entitled ``An Act to provide for the alteration of certain bridges over 
navigable waters of the United States, for the apportionment of the 
cost of such alterations between the United States and the owners of 
such bridges, and for other purposes'', approved June 21, 1940 (chapter 
409; 33 U.S.C. 511-523), popularly known as the ``Hobbs Bridge Act'' 
and the ``Truman-Hobbs Bridge Act''.

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

    Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(a)(2)) is amended by inserting ``including a vessel responding to 
a discharge or substantial threat of a discharge of oil,'' after 
``vessel,''.

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

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

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

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e)(1) A vessel may not transport Government-impelled cargoes 
if--
            ``(A) the vessel has been detained by the Secretary for 
        violation of an international safety convention to which the 
        United States is a party, and the Secretary has published 
        notice of that detention in an electronic form, including the 
        name of the owner of the vessel; or
            ``(B) the operator of the vessel has on more than one 
        occasion had a vessel detained by the Secretary for violation 
        of an international safety convention to which the United 
        States is a party, and the Secretary has published notice of 
        that detention in an electronic form, including the name of the 
        owner of the vessel.
    ``(2) The prohibition in paragraph (1) expires for a vessel on the 
earlier of--
            ``(A) 1 year after the date of the publication in 
        electronic form on which the prohibition is based; or
            ``(B) any date on which the owner or operator of the vessel 
        prevails in an appeal of the violation on which the detention 
        is based.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect January 1, 1998.

SEC. 409. COAST GUARD CITY, USA.

    The community of Grand Haven, Michigan, shall be recognized as 
``Coast Guard City, USA''.

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

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the Coast 
        Guard Communication Station Boston Marshfield Receiver Site, 
        Massachusetts, to the Town of Marshfield, Massachusetts.
            (2) Limitation.--The Secretary shall not convey under this 
        section the land on which is situated the communications tower 
        and the microwave building facility of that station.
            (3) Identification of property.--(A) The Secretary may 
        identify, describe, and determine the property to be conveyed 
        to the Town under this section.
            (B) The Secretary shall determine the exact acreage and 
        legal description of the property to be conveyed under this 
        section by a survey satisfactory to the Secretary. The cost of 
        the survey shall be borne by the Town.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the following terms and conditions:
                    (A) The Secretary may reserve utility, access, and 
                any other appropriate easements on the property 
                conveyed for the purpose of operating, maintaining, and 
                protecting the communications tower and the microwave 
                building facility.
                    (B) The Town and its successors and assigns shall, 
                at their own cost and expense, maintain the property 
                conveyed under this section in a proper, substantial, 
                and workmanlike manner as necessary to ensure the 
                operation, maintenance, and protection of the 
                communications tower and the microwave building 
                facility.
                    (C) Any other terms and conditions the Secretary 
                considers appropriate to protect the interests of the 
                United States.

SEC. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN OIL SPILL 
              PREVENTION AND RESPONSE ACTIVITIES.

    (a) Clarification of Liability for Preventing Substantial Threat of 
Discharge.--Section 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) is amended--
            (1) in subsection (a)(8) by striking ``to minimize or 
        mitigate damage'' and inserting ``to prevent, minimize, or 
        mitigate damage'';
            (2) by striking ``and'' after the semicolon at the end of 
        subsection (a)(23), by striking the period at the end of 
        subsection (a)(24) and inserting ``; and'', and by adding at 
        the end of subsection (a) the following:
            ``(25) `removal costs' means--
                    ``(A) the costs of removal of oil or a hazardous 
                substance that are incurred after it is discharged; and
                    ``(B) in any case in which there is a substantial 
                threat of a discharge of oil or a hazardous substance, 
                the costs to prevent, minimize, or mitigate that 
                threat.''; and
            (3) in subsection (c)(4)(A), by striking the period at the 
        end and inserting the following: ``relating to a discharge or a 
        substantial threat of a discharge of oil or a hazardous 
        substance.''.
    (b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is amended--
            (1) by striking ``and (C)'' and inserting ``, (C)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (D) discharges incidental to mechanical 
        removal authorized by the President under subsection (c) of 
        this section''.
    (c) Sense of the Congress Regarding Oil Spill Response Actions.--It 
is the sense of the Congress that, under the Oil Pollution Act of 1990, 
the President should ensure that liability concerns regarding response 
actions to remove a discharge, or to mitigate or prevent the threat of 
a discharge, do not deter an expeditious or effective response, by 
promulgating guidelines in accordance with applicable Federal law, as 
soon as possible, clarifying that a person who takes any response 
action consistent with the National Contingency Plan, including the 
applicable fish and wildlife response plan, or as otherwise directed by 
the President, to prevent or mitigate the environmental effects of a 
discharge or a threat of a discharge should not be held liable for the 
violation of fish and wildlife laws, unless the person is grossly 
negligent or engages in willful misconduct.

SEC. 412. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

    (a) In General.--The vessel described in subsection (b) is deemed 
for all purposes, including title 46, United States Code, and all 
regulations thereunder, to be a recreational vessel of less than 300 
gross tons, if--
            (1) it does not carry cargo or passengers for hire; and
            (2) it does not engage in commercial fisheries or 
        oceanographic research.
    (b) Vessel Described.--The vessel referred to in subsection (a) is 
the vessel TURMOIL (British Official number 726767).

SEC. 413. LAND CONVEYANCE, COAST GUARD STATION OCRACOKE, NORTH 
              CAROLINA.

    (a) Authority To Convey.--The Secretary of Transportation may 
convey, without consideration, to the State of North Carolina (in this 
section referred to as the ``State''), all right, title, and interest 
of the United States in and to a parcel of real property, together with 
any improvements thereon, in Ocracoke, North Carolina, consisting of 
such portion of the Coast Guard Station Ocracoke, North Carolina, as 
the Secretary considers appropriate for purposes of the conveyance.
    (b) Conditions.--The conveyance under subsection (a) shall be 
subject to the following conditions:
            (1) That the State accept the property to be conveyed under 
        that subsection subject to such easements or rights of way in 
        favor of the United States as the Secretary considers to be 
        appropriate for--
                    (A) utilities;
                    (B) access to and from the property;
                    (C) the use of the boat launching ramp on the 
                property; and
                    (D) the use of pier space on the property by search 
                and rescue assets.
            (2) That the State maintain the property in a manner so as 
        to preserve the usefulness of the easements or rights of way 
        referred to in paragraph (1).
            (3) That the State utilize the property for transportation, 
        education, environmental, or other public purposes.
    (c) Reversion.--(1) If the Secretary determines at any time that 
the property conveyed under subsection (a) is not being used in 
accordance with subsection (b), all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry thereon.
    (2) Upon reversion under paragraph (1), the property shall be under 
the administrative jurisdiction of the Administrator of General 
Services.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under subsection (a), and any 
easements or rights of way granted under subsection (b)(1), shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the State.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions with respect to the conveyance 
under subsection (a), and any easements or rights of way granted under 
subsection (b)(1), as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN SAULT SAINTE MARIE, 
              MICHIGAN.

    (a) Requirement To Convey.--The Secretary of Transportation (in 
this section referred to as the ``Secretary'') shall promptly convey, 
without consideration, to American Legion Post No. 3 in Sault Sainte 
Marie, Michigan, all right, title, and interest of the United States in 
and to the parcel of real property described in section 202 of the 
Water Resources Development Act of 1990 (Public Law 101-640), as 
amended by section 323 of the Water Resources Development Act of 1992 
(Public Law 102-580), comprising approximately 0.565 acres, together 
with any improvements thereon.
    (b) Condition.--The conveyance under subsection (a) shall be 
subject to the condition that the property be used as a clubhouse for 
the American Legion Post No. 3.
    (c) Reversion.--(1) If the Secretary determines at any time that 
the property conveyed under subsection (a) is not being used in 
accordance with subsection (b), all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry thereon.
    (2) Upon reversion under paragraph (1), the property shall be under 
the administrative jurisdiction of the Administrator of General 
Services.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the American Legion Post No. 3.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions with respect to the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 415. DRY BULK CARGO RESIDUE.

    (a) Dry Bulk Cargo Residue.--Section 3 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1902) is amended by adding the 
following subsection at the end thereof:
    ``(h) Discharge of Residue of Dry Bulk Cargo in Certain Navigable 
Waters and Waters of the Great Lakes.--(1) Notwithstanding any 
provision of this Act, the Secretary may allow, under conditions and 
standards prescribed by regulation--
            ``(A) vessels to discharge residue of dry bulk cargo into 
        the waters of the Great Lakes under the jurisdiction of the 
        United States; and
            ``(B) vessels of the United States to discharge residue of 
        dry bulk cargo into the waters of the Great Lakes System 
        governed by the Great Lakes Water Quality Agreement of 1978 and 
        the 1987 Protocol thereto, under the jurisdiction of the 
        Government of Canada or other waters governed by the Boundary 
        Waters Treaty of 1909 under the jurisdiction of the Government 
        of Canada.
    ``(2) Any regulation issued under this subsection shall be 
consistent with the Great Lakes Water Quality Agreement of 1978 and the 
1987 Protocol thereto, and the Boundary Waters Treaty of 1909, and 
shall be developed in consultation with the Government of Canada, under 
the general guidance of the Secretary of State, and with the 
concurrence of the Administrator of the Environmental Protection 
Agency, and in consultation with appropriate Federal agencies, 
including the Assistant Secretary of the Army for Civil Works.
    ``(3) Any regulations issued under this subsection shall be 
reviewed by the Secretary no less often than every 5 years to determine 
whether such regulations are consistent with the water quality goals 
for the Great Lakes.''.
    (b) Definition.--Section 2 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901) is amended by redesignating paragraphs (9), 
(10), (11), and (12) as (10), (11), (12), and (13), respectively and by 
inserting the following new paragraph after paragraph (8):
            ``(9) `residue to dry bulk cargo' includes any residue or 
        residues of dry bulk cargo generated in the customary operation 
        of commercial vessels, including iron ore, coal, coke, salt, 
        grain, stones, gravel, sand, clay, and slag, but does not 
        include, even if associated with the aforementioned materials, 
        any--
                    ``(A) plastic, as defined in the convention,
                    ``(B) oil or hazardous substance, as defined under 
                section 311 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1321), or
                    ``(C) hazardous substance, as defined in section 
                101(14) of the Comprehensive Environmental Response 
                Compensation and Liability Act (CERCLA) (42 U.S.C. 
                9601(14)).''.

SEC. 416. MAINTENANCE OF FOGHORNS.

    The Secretary of Transportation shall take such actions as may be 
necessary to ensure that foghorns at the following ports are in working 
order:
            (1) St. Joseph, Michigan.
            (2) South Haven, Michigan.
            (3) Grand Haven, Michigan.
            (4) Muskegon, Michigan.
            (5) Pentwater, Michigan.
            (6) Ludington, Michigan.
            (7) Frankfort, Michigan.
            (8) Michigan City, Indiana.
            (9) Saugatuck, Michigan.
            (10) Marquette, Michigan.

SEC. 417. CONVEYANCE OF EAGLE HARBOR LIGHT STATION.

    (a) Authority To Convey.--
            (1) In general.--The Administrator of General Services 
        shall convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the Eagle 
        Harbor Light Station, Michigan, to the Keweenaw County 
        Historical Society.
            (2) Identification of property.--The Secretary of 
        Transportation may identify, describe, and determine the 
        property to be conveyed pursuant to this subsection.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property pursuant to 
        this section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by 
                paragraphs (3), (4), and (5) and other terms and 
                conditions the Secretary of Transportation may consider 
                appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), the conveyance 
        of property pursuant to this section shall be subject to the 
        condition that all right, title, and interest in the property 
        conveyed shall immediately revert to the United States if the 
        property, or any part of the property--
                    (A) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (B) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (16 U.S.C. 470 et seq.).
            (3) Maintenance of navigation functions.--The conveyance of 
        property pursuant to this section shall be made subject to the 
        conditions that the Secretary of Transportation considers to be 
        necessary to assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States;
                    (B) the person to which the property is conveyed 
                may not interfere or allow interference in any manner 
                with aids to navigation without express written 
                permission from the Secretary of Transportation;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to the property for the purpose of maintaining 
                the aids to navigation in use on the property.
            (4) Obligation limitation.--The person to which the 
        property is conveyed is not required to maintain any active aid 
        to navigation equipment on property conveyed pursuant to this 
        section.
            (5) Reversion based on use.--The conveyance of the property 
        described in subsection (a) is subject to the condition that 
        all right, title, and interest in the property conveyed shall 
        immediately revert to the United States if the property, or any 
        part of the property ceases to be used as a nonprofit center 
        for public benefit for the interpretation and preservation of 
        maritime history.
            (6) Maintenance of property.--The person to which the 
        property is conveyed shall maintain the property in accordance 
        with the National Historic Preservation Act of 1966 (16 U.S.C. 
        470 et seq.), and other applicable laws.

            Passed the House of Representatives October 21, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.