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To enhance the readiness of the United States to deal with increased maritime and development activity in the Arctic as a result of climate change, and for other purposes.CommentsClose CommentsPermalink

August 3, 2009CommentsClose CommentsPermalink

Mr. BEGICH introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To enhance the readiness of the United States to deal with increased maritime and development activity in the Arctic as a result of climate change, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Arctic Oil Spill Research and Prevention Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The United States is an Arctic nation with--CommentsClose CommentsPermalink





(A) an approximately 700-mile border with the Arctic Ocean;CommentsClose CommentsPermalink





(B) more than 100,000,000 acres of land above the Arctic Circle; andCommentsClose CommentsPermalink





(C) an even broader area defined as Arctic by temperature which includes the Bering Sea and Aleutian Islands.CommentsClose CommentsPermalink





(2) The Arctic region of the United States--CommentsClose CommentsPermalink





(A) is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region;CommentsClose CommentsPermalink





(B) is known to the indigenous population as Inuvikput or the ‘place where we live’; andCommentsClose CommentsPermalink





(C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States.CommentsClose CommentsPermalink





(3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average.CommentsClose CommentsPermalink





(4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years.CommentsClose CommentsPermalink





(5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend.CommentsClose CommentsPermalink





(6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism.CommentsClose CommentsPermalink





(7) The dynamic and harsh conditions of working in the Arctic Ocean could significantly increase the risk of a maritime accident.CommentsClose CommentsPermalink





(8) The environmental effects of Arctic oil development require continued study and technological improvement, and oil spill response assets in the United States Arctic are minimal.CommentsClose CommentsPermalink





(9) Research into the recovery of oil in Arctic waters is essential to United States environmental preparedness and maritime security.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to enhance the readiness of the United States to respond to a maritime accident in the Arctic;CommentsClose CommentsPermalink





(2) to enhance the understanding of the behavior of oil in cold water and ice; andCommentsClose CommentsPermalink





(3) to advance the science, technology, and response capabilities of preventing, treating, and recovering oil spilled in the Arctic waters.CommentsClose CommentsPermalink

SEC. 4. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

The Commandant of the Coast Guard shall assess and take action to reduce the risk and improve the United States capability to respond to a maritime disaster in the United States Beaufort and Chukchi Sea. Such assessment and actions shall include the prioritization of resources to address--CommentsClose CommentsPermalink





(1) oil spill response capabilities and infrastructure, including oil spill trajectory models;CommentsClose CommentsPermalink





(2) coordinating contingency plans and agreements with other agencies and departments of the United States, industry, and foreign governments to respond to an Arctic oil spill;CommentsClose CommentsPermalink





(3) expansion of search and rescue capabilities, infrastructure, and logistics, including improvements of the Search and Rescue Optimal Planning System (SAROPS);CommentsClose CommentsPermalink





(4) provisional designation of ports and harbors of refuge;CommentsClose CommentsPermalink





(5) evaluation and enhancement of navigational infrastructure;CommentsClose CommentsPermalink





(6) evaluation and enhancement of vessel monitoring and communications infrastructure; andCommentsClose CommentsPermalink





(7) integration of local and traditional knowledge and concerns into prevention and response strategies.CommentsClose CommentsPermalink

SEC. 5. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration and in collaboration with the heads of other agencies or departments of the United States with appropriate Arctic science expertise, shall direct research and take action to improve the United States ability to conduct oil spill prevention, response, and recovery in Arctic waters. Such research and action shall include the prioritization of resources--CommentsClose CommentsPermalink





(1) to address--CommentsClose CommentsPermalink





(A) ecological baselines and Environmental Sensitivity Indexes;CommentsClose CommentsPermalink





(B) identification of ecological important areas, critical habitats, and migratory behaviors;CommentsClose CommentsPermalink





(C) improvements in oil technologies for collecting observational data essential for safe navigation and response strategies in the event of an oil spill in both open water and ice-covered seasons, including data related to currents, winds, weather, waves, environmental spill monitoring, and ice forecasting;CommentsClose CommentsPermalink





(D) development of a robust operational monitoring program during the open water and ice-covered seasons;CommentsClose CommentsPermalink





(E) improvements in technologies and understanding of cold water oil recovery and restoration; andCommentsClose CommentsPermalink





(F) the integration of local and traditional knowledge into oil recovery research studies; andCommentsClose CommentsPermalink





(2) to conduct hydrographic and bathymetric surveys and improve navigational charting of Arctic waters.CommentsClose CommentsPermalink

SEC. 6. RISK ASSESSMENT.

(a) Requirement for Risk Assessment- Not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce shall request that the National Research Council conduct a risk assessment to identify and evaluate existing spill prevention and response standards and develop recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters. Such assessment shall include the recommendations of the National Research Council to identify a comprehensive suite of measures, based on the best available technology, designed to prevent and respond to oil spills in the Arctic.CommentsClose CommentsPermalink





(b) Consultation- The Secretary of Commerce shall consult with the Commandant of the Coast Guard, the Administrator of the Environmental Protection Agency, the Director of the Minerals Management Service, and the Director of the United States Fish and Wildlife Service in preparing the specifications for the risk assessment described in subsection (a).CommentsClose CommentsPermalink





(c) Submission to Congress- The National Research Council shall submit to Congress the risk assessment described in subsection (a).CommentsClose CommentsPermalink

SEC. 7. FUNDING FOR ARCTIC OIL SPILL RESEARCH AND DEVELOPMENT.

(a) Oil Pollution Act of 1990- Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended--CommentsClose CommentsPermalink





(1) in subsection (f)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘Not’ and inserting ‘In addition to the amounts made available pursuant to subsection (g), not’; andCommentsClose CommentsPermalink





(B) in the flush text following paragraph (2), by striking ‘All’ and inserting ‘Except for those activities authorized in subsection (g),’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Arctic Oil Spill Research and Development- Not to exceed $8,150,000 of amounts in the Fund shall be available annually for Arctic oil spill research and development for fiscal years 2010, 2011, 2012, 2013, and 2014. Of such sums--CommentsClose CommentsPermalink





‘(1) $2,150,000 annually shall be available to the Coast Guard, of which $150,000 annually shall be available to Coast Guard for the expenses of the Interagency Coordinating Committee in Oil Pollution Research with regard to activities associated with Arctic oil spill research and development;CommentsClose CommentsPermalink





‘(2) $2,000,000 annually shall be available to the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink





‘(3) $2,000,000 annually shall be available to the Environmental Protection Agency; andCommentsClose CommentsPermalink





‘(4) $2,000,000 annually shall be available to the Minerals Management Service.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1012(a)(5)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(C)) is amended by striking ‘$27,250,000’ and inserting ‘$35,400,000’.CommentsClose CommentsPermalink

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for fiscal years 2011 through 2015 to carry out this Act--CommentsClose CommentsPermalink





(1) to the Secretary of the department in which the Coast Guard is operating, $15,000,000 for infrastructure and operational activities; andCommentsClose CommentsPermalink





(2) to the Secretary of Commerce, $15,000,000.CommentsClose CommentsPermalink