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