Page:United States Statutes at Large Volume 116 Part 3.djvu/531

 PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2123 of any utilities and services furnished to a lessee of such property by the Commandant, may consist, in whole or in part, of nonpecuniary remuneration including the improvement, alteration, restoration, rehabilitation, repair, and maintenance of the leased premises by the lessee. Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b) shall not apply to leases issued by the Commandant under this section. "(b) Amounts received from leases made under this section, less expenses incurred, shall be deposited in the Treasury.", (b) CLERICAL AMENDMENT. —The table of sections for chapter 17 of title 14, United States Code, is amended by inserting after the item relating to section 672 the following: "672a. Long-term lease authority for lighthouse property.". SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS. (a) IN GENERAL.— Section 3 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903) is amended— (1) in subsection (c)(1)(D), by striking "and"; (2) in subsection (c)(1)(E), by striking "United States." and inserting "United States; and"; and (3) by inserting after subsection (c)(1)(E) the following: "(F) a vessel located in the contiguous zone of the United States, as defined in Presidential Proclamation 7219 of September 2, 1999, and (i) is entering the United States, (ii) has departed the United States, or (iii) is a hovering vessel as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).". (b) MARITIME DRUG LAW ENFORCEMENT AMENDMENT.— Section 4 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1904) is amended— (1) by inserting "(a)" before "Any property"; and (2) by adding at the end the following: "(b) Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under this Act, and may support seizure and forfeiture of the vessel, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of an offense under this Act: "(1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including— "(A) the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar; "(B) the presence of any compartment or equipment which is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables; "(C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel's smuggling capability; "(D) the presence of engines that are excessively overpowered in relation to the design and size of the vessel;

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