in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legiti mate uses of the sea.". (4) Section 10 is amended by adding a new subsection (c) as follows: 33 USC 1479. (c) With respect to intervention for a substance identified pursuant to section 4(a), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.". (5) Section 13 is amended (A) in subsection (a) by striking the period at the end of the subsection and inserting in lieu thereof the phrase "and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol."; and (B) in subsection (b) by striking the words "annexes thereto❞ and inserting in lieu thereof the word "protocol". (C) by adding a new subsection (c) as follows: "(c) The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.". 33 USC 1482. (6) Section 15 is amended by inserting the words ", the protocol," 33 USC 1484. between the words "convention" and "and". SEC. 2. This Act shall be effective upon the date of enactment, or upon the date the protocol becomes effective as to the United States, whichever is later. Approved June 26, 1978. Effective date. 33 USC 1487 note. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1238 accompanying H.R. 188 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-785 (Comm. on Commerce, Science, and Transportation). May 11, considered and passed Senate. June 5, considered and passed House, amended, in lieu of H.R. 188. June 30, 1978 [H.R. 11465] U.S. Coast To authorize appropriations for the United States Coast Guard for fiscal year 1979, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated for necessary expenses of the United States Coast Guard for fiscal year 1979, as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction: $969,906,000; (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto: $379,954,000 to remain available until expended; (3) For the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation: $34,603,000, to remain available until expended; and (4) For research, development, fest, and evaluation: $25,000,000, to remain available until expended. SEC. 2. For fiscal year 1979, the Coast Guard is authorized an end of year strength for active duty personnel of 39,331: Provided. That the ceiling shall not include members of the Ready Reserve called to active duty under the authority of section 764 of title 14, United States Code. SEC. 3. For fiscal year 1979, average military training students loads for the Coast Guard are authorized as follows: (1) recruit and special training: 3,962 students; (2) flight training: 95 students; (3) professional training in military and civilian institutions: 436 students; and (4) officer acquisitions: 952 students. SEC. 4. Section 30 of the Federal Boat Safety Act of 1971 (46 U.S.C. 1479) is amended by striking out "and 1978," and inserting in lieu thereof ", 1978, 1979, and 1980,". SEC. 5. The Coast Guard is authorized to enter into a long-term lease in excess of one fiscal year for the purpose of acquiring a site on the Quillayute Indian Reservation in the State of Washington so that the Quillayute River Coast Guard Station may be relocated: Provided, That any such agreement entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. The Coast Guard is also authorized to expend, commencing with fiscal year 1979, appropriated funds for the construction of fixed facilities and improvements on such land leased from the Quillayute Indians. SEC. 6. Subsection (b) of the first section of the Act of August 27, 1935 (relating to load lines for certain vessels) (46 U.S.C. 88(b)), is amended by (1) striking out "All" and inserting in lieu thereof "The requirements of this Act shall not apply to (1) all"; (2) striking out "except those constructed after the effective date of this subsection or those converted to either of such services after 5 years from the effective date of this subsection and" and inserting in lieu thereof "which were constructed, or with respect to which construction was begun or contracted for, before January 1, 1980, or which were converted to such use, or with respect to which conversion to such use was begun or contracted for, before January 1, 1980, so long as such conversion was completed before January 1, 1983 (in the case of conversions); or (2)"; and (3) striking out ", are exempt from the requirements of this Act". SEC. 7. Section 10 of the Act of May 28, 1908 (relating to seagoing barges) (46 U.S.C. 395), is amended by (1) redesignating subsection (c) as subsection (d); and (2) inserting immediately after subsection (b) the following: "(c) During the period beginning January 1, 1977, and ending January 1, 1982, the provisions of subsection (b) shall not apply to vessels of not more than 5,000 gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska.". SEC. 8. (a) The Congress finds and declares the following: (1) The transportation, production and handling of oil in, on, or near the navigable and ocean waters of the Columbia River Basin system creates substantial environmental risks, and may cause serious damage to the general health, welfare, and economy of this region. (2) The vitality of the Columbia River estuary and marine environment is crucial to the maintenance and enhancement of major fishery resources for the enjoyment and livelihood of present and future generations. (3) The protection and betterment of this marine, estuarine and fresh water river system requires a thorough, detailed assessment of the current plans and capabilities to best prevent, contain, clean-up and mitigate the damages resulting from possible oil spills and discharges in the system. Oil spills. note. (b) Within 180 days after the date of enactment of this section, the Study. Commandant of the Coast Guard, in consultation with the appropriate Federal, State, and local agencies, shall conduct a systematic, detailed evaluation on the (1) current procedures, safeguards, and capabilities to best prevent, contain, clean-up, and mitigate damages resulting from oil spills and discharges in, on, or near the navigable and ocean waters of the Columbia River Basin system; (2) available and required oceanographic meteorological, and other relevant data necessary to best provide for the management referred to in paragraph (1); (3) potential risk of existing and projected oil tanker traffic in, on, or near the navigable and ocean waters of the Columbia River Basin system causing harm to the environment of such system due to oil spills, fuel dumping, residual discharges, and other releases of crude oil or petroleum products; and (4) need for legislation or other strategies to insure protection of such system and its environment, including the prompt development of an orderly, step-by-step contingency plan to contain, cleanup, and mitigate the damages resulting from the conditions. referred to in paragraph (3). The Commandant shall submit the results of such evaluation, immediately upon completion, including such recommendations as he deems Report to congressional committees. 91 Stat. 259. necessary, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. SEC. 9. Paragraph (1) of the first section of the Act of July 1, 1977 (authorizing appropriations for the Coast Guard for fiscal year 1978) is amended by striking out "$887,521,000;" and inserting in lieu thereof "$892,900,000;". Approved June 30, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95–1030 (Comm. on Merchant Marine and Fisheries). Apr. 17, considered and passed House. May 19, considered and passed Senate, amended. July 1, 1978 [H.R. 12571] Fishery Conservation Zone Transition Act, amendment. 16 USC 1823 note. Agreement; effective date. To amend the Fishery Conservation Zone Transition Act in order to give effect to the Reciprocal Fisheries Agreement for 1978 between the United States and Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 (a) of the Fishery Conservation Zone Transition Act (Public Law 95–73; 91 Stat. 283) is amended to read as follows: "(a) CONGRESSIONAL APPROVAL.-The Congress hereby approves the Reciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada (hereinafter in this section referred to as the 'Agreement') as contained in the message to Congress from the President of the United States dated May 1, 1978. The Agreement shall be in force and effect with respect to the United States from January 1, 1978, until such later date in 1978 as may be determined pursuant to the terms of the Agreement.". Approved July 1, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1215 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 124 (1978): May 25, considered and passed House. June 29, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July 1, Presidential statement. |