Home > 105th Congressional Bills > H.R. 2204 (eh) To authorize appropriations for fiscal years 1998 and 1999 for the Coast Guard, and for other purposes. ...H.R. 2204 (eh) To authorize appropriations for fiscal years 1998 and 1999 for the Coast Guard, and for other purposes. ...
(1) In general.--The Commandant of the Coast Guard may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to the Coast
Guard Communication Station Boston Marshfield Receiver Site,
Massachusetts, to the Town of Marshfield, Massachusetts (the
``Town'') unless the Commandant, or his delegate, in his sole
discretion determines that the conveyance would not provide a
public benefit.
(2) Limitation.--The Commandant shall not convey under this
section the land on which is situated the communications tower
and the microwave building facility of that station.
(3) Identification of property.--
(A) The Commandant may identify, describe and
determine the property to be conveyed to the Town under
this section.
(B) The Commandant shall determine the exact
acreage and legal description of the property to be
conveyed under this section by a survey satisfactory to
the Commandant. The cost of the survey shall be borne
by the Town.
(b) Terms and Conditions.--Any conveyance of property under this
section shall be made--
(1) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) The Commandant may reserve utility, access, and
any other appropriate easements on the property
conveyed for the purpose of operating, maintaining, and
protecting the communications tower and the microwave
building facility.
(B) The Town and its successors and assigns shall,
at their own cost and expense, maintain the property
conveyed under this section in a proper, substantial,
and workmanlike manner as necessary to ensure the
operation, maintenance, and protection of the
communications tower and the microwave building
facility.
(C) Any other terms and conditions the Commandant
considers appropriate to protect the interests of the
United States, including the reservation of easements
or other rights on behalf of the United States.
(c) Reversionary Interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that all
right, title, and interest in such property shall immediately revert to
the United States if--
(1) the property, or any part thereof, ceases to be owned
and used by the Town;
(2) the Town fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(b); or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property conveyed
is needed for national security purposes.
SEC. 405. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS.
(a) In General.--The Commandant of the Coast Guard, may convey, by
an appropriate means of conveyance, all right, title, and interest of
the United States in and to the United States Coast Guard Recreation
Facility Nahant, Massachusetts, to the Town of Nahant (the ``Town'')
unless the Commandant, or his delegate, in his sole discretion
determines that the conveyance would not provide a public benefit.
(b) Identification of Property.--The Commandant may identify,
describe, and determine the property to be conveyed under this section.
(c) Terms of Conveyance.--The conveyance of property under this
section shall be made--
(1) without payment of consideration; and
(2) subject to such terms and conditions as the Commandant
may consider appropriate to protect the interests of the United
States, including the reservation of easements or other rights
on behalf of the United States.
(d) Reversionary Interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that all
right, title, and interest in such property shall immediately revert to
the United States if--
(1) the property, or any part thereof, ceases to be owned
and used by the Town;
(2) the Town fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(c); or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property conveyed
is needed for national security purposes.
SEC. 406. CONVEYANCE OF COAST GUARD STATION OCRACOKE, NORTH CAROLINA.
(a) Authority to Convey.--
(1) In General.--The Commandant of the Coast Guard may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States of America in and to
the Coast Guard Station Ocracoke, North Carolina, to the State
of North Carolina unless the Commandant, or his delegate, in
his sole discretion determines that the conveyance would not
provide a public benefit.
(2) Identification of Property.--The Commandant may
identify, describe, and determine the property to be conveyed
under this section.
(b) Terms and Conditions.--The conveyance of any property under
this section shall be made--
(l) without payment of consideration; and
(2) subject to the following terms and conditions:
(A) Easements.--The Commandant may reserve utility,
access, and any other appropriate easements upon the
property to be conveyed for the purpose of--
(i) use of the access road to the boat
launching ramp;
(ii) use of the boat launching ramp; and
(iii) use of pier space for necessary Coast
Guard vessel assets (including water and
electrical power);
(B) Maintenance.--The State shall, at its own cost
and expense, maintain the property conveyed under this
section in a proper, substantial, and workmanlike
manner necessary for the use of any easements created
under subparagraph (A) and to comply with maintenance
conditions established for property prior to transfer
and pursuant to the National Historic Preservation Act
of 1966 (16 U.S.C. 470 et seq) and other applicable
laws; and
(C) Other.--Any other terms and conditions the
Commandant may consider appropriate to protect the
interests of the United States.
(c) Reversionary Interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that all
right, title, and interest in such property shall immediately revert to
the United States if--
(1) the property, or any part thereof, ceases to be owned
and used by the State;
(2) the State fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(b); or
(3) at least 30 days before such reversion, the Commandant
provides written notice to the State that the property conveyed
is needed for national security purposes.
SEC. 407. CONVEYANCE OF COAST GUARD LORAN STATION NANTUCKET.
(a) Authority to Convey.--
(1) In general.--The Commandant of the United States Coast
Guard may convey, by an appropriate means of conveyance, all
right, title, and interest of the United States in and to
approximately 29.4 acres of land, together with the
improvements thereon, at Coast Guard LORAN Station Nantucket,
Nantucket, Massachusetts, to the Town of Nantucket,
Massachusetts (``the Town'') unless the Commandant, or his
delegate, in his sole discretion determines that the conveyance
would not provide a public benefit.
(2) Identification of property.--
(A) The Commandant may identify, define, describe,
and determine the real property to be conveyed under
this section.
(B) The Commandant shall determine the exact
acreage and legal description of the property to be
conveyed under this section by a survey satisfactory to
the Commandant. The cost of the survey shall be borne
by the Town.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of real property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the following terms and conditions:
(i) The Town shall not, upon the property
conveyed, allow, conduct, or permit any
activity, or operate, allow, or permit the
operation of, any equipment or machinery, that
would interfere or cause interference, in any
manner, with any aid to navigation located upon
property retained by the United States at Coast
Guard LORAN Station Nantucket, without the
express written permission from the Commandant.
(ii) The Town shall maintain the real
property conveyed in a manner consistent with
the present and future use of any property
retained by the United States at Coast Guard
LORAN Station Nantucket as a site for an aid to
navigation.
(iii) Any other terms and conditions the
Commandant considers appropriate to protect the
interests of the United States, including the
reservation of easements or other rights on
behalf of the United States.
(2) Reversionary interest.--The conveyance of real property
pursuant to this section shall be subject to the condition that
all right, title, and interest in such property shall
immediately revert to the United States if--
(A) the property, or any part thereof, ceases to be
owned and used by the Town;
(B) the Town fails to maintain the property
conveyed in a manner consistent with the terms and
conditions in paragraph (1); or
(C) at least 30 days before such reversion, the
Commandant provides written notice to the Town that the
property conveyed is needed for national security
purposes.
SEC. 408. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY,
JACKSONVILLE, FLORIDA.
(a) In General.--Notwithstanding any other provision of law--
(1) the land and improvements thereto comprising the Coast
Guard Reserve training facility in Jacksonville, Florida, is
deemed to be surplus property; and
(2) the Commandant of the Coast Guard may dispose of all
right, title, and interest of the United States in and to that
property, by sale, at fair market value unless the Commandant,
or his delegate, in his sole discretion determines that the
sale would not provide a public benefit.
(b) Right of First Refusal.--Before a sale is made under section
(a) to any other person, the Commandant of the Coast Guard shall give
to the City of Jacksonville, Florida, the right of first refusal to
purchase all or any part of the property required to be sold under that
subsection.
SEC. 409. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.
(a) In General.--The Commandant of the Coast Guard may convey all
right, title, and interest of the United States in and to each of 2
decommissioned ``White Class'' 133-foot Coast Guard vessels to
Canvasback Mission, Inc. (a nonprofit corporation under the laws of the
State of California; in this section referred to as ``the recipient''),
without consideration, if--
(1) the recipient agrees--
(A) to use the vessel for purposes of providing
medical services to Central and South Pacific island
nations;
(B) not to use the vessel for commercial
transportation purposes except those incident to the
provisions of those medical services;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant
in times of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising
from the use by the Government under paragraph (1)(C);
(2) the recipient has funds available that will be
committed to operate and maintain each vessel conveyed in good
working condition, in the form of cash, liquid assets, or a
written loan commitment, and in the amount of at least $400,000
per vessel; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessels.--Prior to conveyance of a
vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the vessel under this section shall not
be considered a distribution in commerce for purposes of section 6(e)
of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of a vessel under this section any excess equipment or parts
from other decommissioned Coast Guard vessels for use to enhance the
vessel's operability and function as a medical services vessel in
Central and South Pacific Islands.
SEC. 410. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK VICTORY.
Section 1008(d)(1) of the Coast Guard Authorization Act of 1996 is
amended by striking ``2 years'' and inserting ``3 years''.
SEC. 411. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE
INTERIOR.
The Administrator of the General Services Administration shall
transfer administrative jurisdiction over the Federal property
consisting of approximately 2 acres, known as the Ocracoke Light
Station, to the Secretary of the Interior, subject to such
reservations, terms, and conditions as may be necessary for Coast Guard
purposes. All property so transferred shall be included in and
administered as part of the Cape Hatteras National Seashore.
SEC. 412. VESSEL DOCUMENTATION CLARIFICATION.
Section 12102(a)(4) of title 46, United States Code, and section
2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each amended
by--
(1) striking ``president or other''; and
(2) inserting a comma and ``by whatever title,'' after
``chief executive officer''.
SEC. 413. SANCTIONS FOR FAILURE TO LAND OR TO HEAVE TO; SANCTIONS FOR
OBSTRUCTION OF BOARDING AND PROVIDING FALSE INFORMATION.
(a) In General.--Chapter 109 of title 18, United States Code, is
amended by adding at the end new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to land or to heave to; sanctions
for obstruction of boarding and providing false
information
``(a)(1) It shall be unlawful for the pilot, operator, or person in
charge of an aircraft which has crossed the border of the United
States, or an aircraft subject to the jurisdiction of the United States
operating outside the United States, to knowingly fail to obey an order
to land by an authorized Federal law enforcement officer who is
enforcing the laws of the United States relating to controlled
substances, as that term is defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)), or relating to money laundering
(sections 1956-57 of this title).
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