S 684 ISCommentsClose CommentsPermalink

To provide the Coast Guard and NOAA with additional authorities under the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of 1990, and for other purposes.CommentsClose CommentsPermalink

March 24, 2009CommentsClose CommentsPermalink

Ms. CANTWELL (for herself and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To provide the Coast Guard and NOAA with additional authorities under the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of 1990, 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 ‘Oil Pollution Prevention and Response Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Findings.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink

Title I--Prevention of Oil Spills

Subtitle A--Coast Guard Provisions

Sec. 101. Rulemakings.CommentsClose CommentsPermalink





Sec. 102. Oil spill response capability.CommentsClose CommentsPermalink





Sec. 103. Inspections by Coast Guard.CommentsClose CommentsPermalink





Sec. 104. Oil transfers from vessels.CommentsClose CommentsPermalink





Sec. 105. Improvements to reduce human error and near-miss incidents.CommentsClose CommentsPermalink





Sec. 106. Navigational measures for protection of natural resources.CommentsClose CommentsPermalink





Sec. 107. Olympic Coast National Marine Sanctuary.CommentsClose CommentsPermalink





Sec. 108. Higher volume port area regulatory definition change.CommentsClose CommentsPermalink





Sec. 109. Prevention of small oil spills.CommentsClose CommentsPermalink





Sec. 110. Improved coordination with tribal governments.CommentsClose CommentsPermalink





Sec. 111. Notification requirements.CommentsClose CommentsPermalink





Sec. 112. Cooperative State inspection authority.CommentsClose CommentsPermalink





Sec. 113. Tug escorts for laden oil tankers.CommentsClose CommentsPermalink





Sec. 114. Tank and non-tank vessel response plans.CommentsClose CommentsPermalink





Sec. 115. Report on the availability of technology to detect the loss of oil.CommentsClose CommentsPermalink

Subtitle B--National Oceanic and Atmospheric Administration Provisions

Sec. 151. Hydrographic surveys.CommentsClose CommentsPermalink





Sec. 152. Electronic navigational charts.CommentsClose CommentsPermalink

Title II--Response

Sec. 201. Rapid response system.CommentsClose CommentsPermalink





Sec. 202. Coast Guard oil spill database.CommentsClose CommentsPermalink





Sec. 203. Use of oil spill liability trust fund.CommentsClose CommentsPermalink





Sec. 204. Extension of financial responsibility.CommentsClose CommentsPermalink





Sec. 205. Liability for use of unsafe single-hull vessels.CommentsClose CommentsPermalink





Sec. 206. International efforts on enforcement.CommentsClose CommentsPermalink





Sec. 207. Investment of amounts in damage assessment and restoration revolving fund.CommentsClose CommentsPermalink

Title III--Research and Miscellaneous Reports

Sec. 301. Federal Oil Spill Research Committee.CommentsClose CommentsPermalink





Sec. 302. Grant project for development of cost-effective detection technologies.CommentsClose CommentsPermalink





Sec. 303. Status of implementation of recommendations by the National Research Council.CommentsClose CommentsPermalink





Sec. 304. GAO report.CommentsClose CommentsPermalink





Sec. 305. Oil transportation infrastructure analysis.CommentsClose CommentsPermalink





Sec. 306. Oil spills in icy and Arctic conditions.CommentsClose CommentsPermalink

SEC. 3. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) Oil released into the Nation’s marine waters can cause substantial, and in some cases irreparable, harm to the marine environment.CommentsClose CommentsPermalink





(2) The economic impact of oil spills is substantial. Billions of dollars have been spent in the United States for cleanup of, and damages due to, oil spills; while many social, cultural, economic, and environmental damages remain uncompensated.CommentsClose CommentsPermalink





(3) The Oil Pollution Act of 1990, enacted in response to the worst vessel oil spill in United States history, substantially reduced the amount of oil spills from vessels. However, significant volumes of oil continue to be released, and the potential for a major spill remains unacceptably high.CommentsClose CommentsPermalink





(4) Although the total number of oil spills from vessels has decreased since passage of the Oil Pollution Act of 1990, more oil was spilled in 2004 from vessels nationwide than was spilled from vessels in 1992.CommentsClose CommentsPermalink





(5) Waterborne transportation of oil in the United States continues to increase.CommentsClose CommentsPermalink





(6) Although the number of oil spills from tankers declined from 193 in 1992 to 36 in 2004, spills from oil tankers tend to be large with devastating impacts.CommentsClose CommentsPermalink





(7) While the number of oil spills from tank barges has declined since 1992 (322 spills to 141 spills in 2004), the volume of oil spilled from tank barges has remained constant at approximately 200,000 gallons spilled each year.CommentsClose CommentsPermalink





(8) Oil spills from non-tank vessels averaged between 125,000 gallons and 400,000 gallons per year from 1992 through 2004 and accounted for over half of the total number of spills from all sources, including vessels and non-vessel sources.CommentsClose CommentsPermalink





(9) Recent spills involving significant quantities of oil have occurred off the coasts of Alaska, Maine, Massachusetts, Oregon, Virginia, and Washington, and involved barges, tank vessels, and non-tank vessels. The value of waterfront property, sport, commercial and tribal treaty fisheries, recreation, tourism, and threatened and endangered species continue to increase.CommentsClose CommentsPermalink





(10) It is more cost-effective to prevent oil spills than it is to clean-up oil once it is released into the environment.CommentsClose CommentsPermalink





(11) Of the 20 major vessel oil spill incidents since 1990 where liability limits have been exceeded, 10 involved tank barges, 8 involved non-tank vessels, 2 involved tankers, and only 1 involved a vessel that was double-hulled.CommentsClose CommentsPermalink





(12) Although recent technological improvements in oil tanker design, such as double hulls and redundant steering, increase tanker safety, these technologies are not a panacea and cannot ensure against oil spills, the leading cause of which is human error.CommentsClose CommentsPermalink





(13) The Federal Government has a responsibility to protect the Nation’s natural resources, public health, and environment by improving Federal measures to prevent and respond to oil spills.CommentsClose CommentsPermalink





(14) Environmentally fragile coastal areas are vitally important to local economies and the way of life in coastal States and federally recognized tribal governments. These areas are particularly vulnerable to the threat of oil spills. Coastal waters contribute approximately 75 percent of all commercial shellfish and finfish catches, and over 81 percent of all recreational fishing catches in the United States, outside of Alaska and Hawaii.CommentsClose CommentsPermalink





(15) The northern coast of Washington State and entrance to Puget Sound is the principal corridor conveying Pacific Rim commerce into the State, to Canada’s largest port, and to the United States third largest naval complex. The area contains a National Marine Sanctuary, a National Park, and many National Wildlife Refuges contiguous with marine waters.CommentsClose CommentsPermalink





(16) State, local, and tribal governments have important human resources and spill response capabilities which can contribute to response efforts in the event of a significant oil spill. State, local, and tribal governments may have unique local knowledge of natural resources which can improve the quality of spill response. For these reasons, State, local and tribal governments need appropriate information to have knowledge of spills, as well as incidents and activities that may result in a spill, which can impact State waters.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AREA TO BE AVOIDED- The term ‘area to be avoided’ means a routing measure established by the International Maritime Organization as an area to be avoided.CommentsClose CommentsPermalink





(2) COASTAL STATE- The term ‘coastal State’ has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)).CommentsClose CommentsPermalink





(3) COMMANDANT- The term ‘Commandant’ means the Commandant of the Coast Guard.CommentsClose CommentsPermalink





(4) NON-TANK VESSEL- The term ‘non-tank vessel’ means a self-propelled vessel other than a tank vessel.CommentsClose CommentsPermalink





(5) OIL- The term ‘oil’ has the meaning given that term by section 1001(23) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(23)).CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating except where otherwise explicitly stated.CommentsClose CommentsPermalink





(7) TANK VESSEL- The term ‘tank vessel’ has the meaning given that term by section 1001(34) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(34)).CommentsClose CommentsPermalink





(8) WATERS SUBJECT TO THE JURISDICTION OF THE UNITED STATES- The term ‘waters subject to the jurisdiction of the United States’ means navigable waters (as defined in section 1001(21) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(21)) as well as--CommentsClose CommentsPermalink





(A) the territorial sea of the United States as defined in Presidential Proclamation Number 5928 of December 27, 1988; andCommentsClose CommentsPermalink





(B) the Exclusive Economic Zone of the United States established by Presidential Proclamation Number 5030 of March 10, 1983.CommentsClose CommentsPermalink





(9) OTHER TERMS- The terms ‘facility’, ‘gross ton’, ‘exclusive economic zone’, ‘incident’, ‘oil’, ‘tank vessel’, ‘territorial seas’, and ‘vessel’ have the meaning given those terms in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).CommentsClose CommentsPermalink

TITLE I--PREVENTION OF OIL SPILLSCommentsClose CommentsPermalink

Subtitle A--Coast Guard ProvisionsCommentsClose CommentsPermalink

SEC. 101. RULEMAKINGS.

(a) Status Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Within 90 days after the date of enactment of this Act, the Secretary shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of all Coast Guard rulemakings required (but for which no final rule has been issued as of the date of enactment of this Act)--CommentsClose CommentsPermalink





(A) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.);CommentsClose CommentsPermalink





(B) under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) as amended by section 701 of the Coast guard and Maritime Transportation Act of 2004 (Public Law 108-293); andCommentsClose CommentsPermalink





(C) for--CommentsClose CommentsPermalink





(i) automatic identification systems required under section 70114 of title 46, United States Code; andCommentsClose CommentsPermalink





(ii) inspection requirements for towing vessels required under section 3306(j) of that title.CommentsClose CommentsPermalink





(2) INFORMATION REQUIRED- The Secretary shall include in the report required by paragraph (1)--CommentsClose CommentsPermalink





(A) a detailed explanation with respect to each such rulemaking as to--CommentsClose CommentsPermalink





(i) what steps have been completed;CommentsClose CommentsPermalink





(ii) what areas remain to be addressed; andCommentsClose CommentsPermalink





(iii) the cause of any delays; andCommentsClose CommentsPermalink





(B) the date by which a final rule may reasonably be expected to be issued.CommentsClose CommentsPermalink





(b) FINAL RULES- The Secretary shall issue a final rule in each pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) as amended by section 701 of the Coast guard and Maritime Transportation Act of 2004 (Public Law 108-293) as soon as practicable, but in no event later than 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 102. OIL SPILL RESPONSE CAPABILITY.

(a) SAFETY STANDARDS FOR TOWING VESSELS- In promulgating regulations for towing vessels under chapter 33 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall--CommentsClose CommentsPermalink





(1) give priority to completing such regulations for towing operations involving tank vessels; andCommentsClose CommentsPermalink





(2) consider the possible application of standards that, as of the date of enactment of this Act, apply to self-propelled tank vessels, and any modifications that may be necessary for application to towing vessels due to ship design, safety, and other relevant factors.CommentsClose CommentsPermalink





(b) REDUCTION OF OIL SPILL RISK IN BUZZARDS BAY- Section 8502(g) of title 46, United States Code, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(3) In any area of Buzzards Bay, Massachusetts, where a single-hull tank vessel carrying 5,000 or more barrels of oil or other hazardous material is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the Commonwealth of Massachusetts who is operating under a Federal license.’.CommentsClose CommentsPermalink





(c) REPORTING- The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources on the extent to which tank vessels in Buzzards Bay, Massachusetts, are using routes recommended by the Coast Guard.CommentsClose CommentsPermalink

SEC. 103. INSPECTIONS BY COAST GUARD.

(a) IN GENERAL- The Secretary shall ensure that the inspection schedule for all United States and foreign-flag tank vessels that enter a United States port or place increases the frequency and comprehensiveness of Coast Guard safety inspections based on such factors as vessel age, hull configuration, past violations of any applicable discharge and safety regulations under United States and international law, indications that the class societies inspecting such vessels may be substandard, and other factors relevant to the potential risk of an oil spill.CommentsClose CommentsPermalink





(b) ENHANCED VERIFICATION OF STRUCTURAL CONDITION- The Coast Guard shall adopt, as part of its inspection requirements for tank vessels, additional procedures for enhancing the verification of the reported structural condition of such vessels, taking into account the Condition Assessment Scheme adopted by the International Maritime Organization by Resolution 94(46) on April 27, 2001.CommentsClose CommentsPermalink

SEC. 104. OIL TRANSFERS FROM VESSELS.

(a) REGULATIONS- Within 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to reduce the risks of oil spills in operations involving the transfer of oil from or to a tank vessel. The regulations--CommentsClose CommentsPermalink





(1) shall focus on operations that have the highest risks of discharge, including operations at night and in inclement weather;CommentsClose CommentsPermalink





(2) shall consider--CommentsClose CommentsPermalink





(A) requirements for use of equipment, such as putting booms in place for transfers, safety, and environmental impacts;CommentsClose CommentsPermalink





(B) operational procedures such as manning standards, communications protocols, and restrictions on operations in high-risk areas; orCommentsClose CommentsPermalink





(C) both such requirements and operational procedures; andCommentsClose CommentsPermalink





(3) shall take into account the safety of personnel and effectiveness of available procedures and equipment for preventing or mitigating transfer spills.CommentsClose CommentsPermalink





(b) APPLICATION WITH STATE LAWS- The regulations promulgated under subsection (a) do not preclude the enforcement of any State law or regulation the requirements of which are at least as stringent as requirements under the regulations (as determined by the Secretary) that--CommentsClose CommentsPermalink





(1) applies in State waters;CommentsClose CommentsPermalink





(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures under the regulations; andCommentsClose CommentsPermalink





(3) has been enacted or promulgated before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.

(a) REPORT- Within 1 year after the date of enactment of this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Environment and Public Works, and the House of Representatives Committee on Transportation and Infrastructure that, using available data--CommentsClose CommentsPermalink





(1) identifies the types of human errors that, combined, account for over 50 percent of all oil spills involving vessels that have been caused by human error in the past 10 years;CommentsClose CommentsPermalink





(2) identifies the most frequent types of near-miss oil spill incidents involving vessels such as collisions, groundings, and loss of propulsion in the past 10 years;CommentsClose CommentsPermalink





(3) describes the extent to which there are gaps in the data with respect to the information required under paragraphs (1) and (2) and explains the reason for those gaps; andCommentsClose CommentsPermalink





(4) includes recommendations by the Secretary to address the identified types of errors and incidents and to address any such gaps in the data.CommentsClose CommentsPermalink





(b) MEASURES- Based on the findings contained in the report required by subsection (a), the Secretary shall take appropriate action, both domestically and at the International Maritime Organization, to reduce the risk of oil spills from human errors.CommentsClose CommentsPermalink

SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

(a) DESIGNATION OF AT-RISK AREAS- The Secretary and the Under Secretary of Commerce for Oceans and Atmosphere shall jointly identify areas where routing or other navigational measures are warranted in waters subject to the jurisdiction of the United States to reduce the risk of oil spills and potential damage to natural resources. In identifying those areas, the Secretary and the Under Secretary shall give priority consideration to natural resources of particular ecological importance or economic importance, including commercial fisheries, aquaculture facilities, marine sanctuaries designated by the Secretary of Commerce pursuant to the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), estuaries of national significance designated under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1330), critical habitats (as defined in section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)), estuarine research reserves within the National Estuarine Research Reserve System established by section 315 of the Coastal Zone Management Act of 1972, and national parks and national seashores administered by the National Park Service under the National Park Service Organic Act (16 U.S.C. 1 et seq.).CommentsClose CommentsPermalink





(b) FACTORS CONSIDERED- In determining whether navigational measures are warranted, the Secretary and the Under Secretary shall consider, at a minimum--CommentsClose CommentsPermalink





(1) the frequency of transits of vessels required to prepare a response plan under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j));CommentsClose CommentsPermalink





(2) the type and quantity of oil transported as cargo or fuel;CommentsClose CommentsPermalink





(3) the expected benefits of routing measures in reducing risks of spills;CommentsClose CommentsPermalink





(4) the costs of such measures;CommentsClose CommentsPermalink





(5) the safety implications of such measures; andCommentsClose CommentsPermalink





(6) the nature and value of the resources to be protected by such measures.CommentsClose CommentsPermalink





(c) ESTABLISHMENT OF ROUTING AND OTHER NAVIGATIONAL MEASURES- The Secretary shall establish such routing or other navigational measures for areas identified under subsection (a).CommentsClose CommentsPermalink





(d) ESTABLISHMENT OF AVOIDANCE AREAS- To the extent that the Secretary and the Under Secretary conclude that the establishment of areas to be avoided is warranted under this section, they shall seek to establish such areas through the International Maritime Organization or establish comparable areas pursuant to regulations and in a manner that is consistent with international law.CommentsClose CommentsPermalink





(e) Oil Shipment Data and Report-CommentsClose CommentsPermalink





(1) DATA COLLECTION- The Secretary, through the Commandant and in consultation with the Army Corps of Engineers, shall analyze data on oil transported as cargo on vessels in the navigable waters of the United States, including information on--CommentsClose CommentsPermalink





(A) the quantity and type of oil being transported;CommentsClose CommentsPermalink





(B) the vessels used for such transportation;CommentsClose CommentsPermalink





(C) the frequency with which each type of oil is being transported; andCommentsClose CommentsPermalink





(D) the point of origin, transit route, and destination of each such shipment of oil.CommentsClose CommentsPermalink





(2) REPORT- The Secretary shall transmit a report, not less frequently than quarterly, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce, on the data collected and analyzed under paragraph (1) in a format that does not disclose information exempted from disclosure under section 552b(e) of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 107. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

(a) OLYMPIC COAST NATIONAL MARINE SANCTUARY AREA TO BE AVOIDED- The Secretary and the Under Secretary of Commerce for Oceans and Atmosphere shall revise the area to be avoided off the coast of the State of Washington so that restrictions apply to all vessels required to prepare a response plan under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or research vessels while engaged in fishing or research within the area to be avoided).CommentsClose CommentsPermalink





(b) Emergency Oil Spill Drill-CommentsClose CommentsPermalink





(1) IN GENERAL- In cooperation with the Secretary, the Under Secretary of Commerce for Oceans and Atmosphere shall conduct a Safe Seas oil spill drill in the Olympic Coast National Marine Sanctuary in fiscal year 2010. The Secretary and the Under Secretary of Commerce for Oceans and Atmosphere jointly shall coordinate with other Federal agencies, State, local, and tribal governmental entities, and other appropriate entities, in conducting this drill.CommentsClose CommentsPermalink





(2) OTHER REQUIRED DRILLS- Nothing in this subsection supersedes any Coast Guard requirement for conducting emergency oil spill drills in the Olympic Coast National Marine Sanctuary. The Secretary shall consider conducting regular field exercises, such as National Preparedness for Response Exercise Program (PREP) in other national marine sanctuaries as well as areas identified in section 106(a) of this bill.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere for fiscal year 2010 $700,000 to carry out this subsection.CommentsClose CommentsPermalink

SEC. 108. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

(a) IN GENERAL- Within 30 days after the date of enactment of this Act, notwithstanding subchapter 5 of title 5, United States Code, the Commandant shall modify the definition of the term ‘higher volume port area’ in section 155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020) by striking ‘Port Angeles, WA’ in paragraph (13) of that section and inserting ‘Cape Flattery, WA’ without initiating a rulemaking proceeding.CommentsClose CommentsPermalink





(b) EMERGENCY RESPONSE PLAN REVIEWS- Within 5 years after the date of enactment of this Act, the Coast Guard shall complete its review of any changes to emergency response plans pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the modification of the higher volume port area definition required by subsection (a).CommentsClose CommentsPermalink

SEC. 109. PREVENTION OF SMALL OIL SPILLS.

(a) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with other appropriate agencies, shall establish an oil spill prevention and education program for small vessels. The program shall provide for assessment, outreach, and training and voluntary compliance activities to prevent and improve the effective response to oil spills from vessels and facilities not required to prepare a vessel response plan under the Federal Water Pollution Control Act, including recreational vessels, commercial fishing vessels, marinas, and aquaculture facilities. The Under Secretary may provide grants to sea grant colleges and institutes designated under section 207 of the National Sea Grant College Program Act (33 U.S.C. 1126) and to State agencies, tribal governments, and other appropriate entities to carry out--CommentsClose CommentsPermalink





(1) regional assessments to quantify the source, incidence and volume of small oil spills, focusing initially on regions in the country where, in the past 10 years, the incidence of such spills is estimated to be the highest;CommentsClose CommentsPermalink





(2) voluntary, incentive-based clean marina programs that encourage marina operators, recreational boaters and small commercial vessel operators to engage in environmentally sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills and other sources;CommentsClose CommentsPermalink





(3) cooperative oil spill prevention education programs that promote public understanding of the impacts of spilled oil and provide useful information and techniques to minimize pollution including methods to remove oil and reduce oil contamination of bilge water, prevent accidental spills during maintenance and refueling and properly cleanup and dispose of oil and hazardous substances; andCommentsClose CommentsPermalink





(4) support for programs, including outreach and education to address derelict vessels and the threat of such vessels sinking and discharging oil and other hazardous substances, including outreach and education to involve efforts to the owners of such vessels.CommentsClose CommentsPermalink





(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere to carry out this section, $10,000,000 annually for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

(a) IN GENERAL- Within 6 months after the date of enactment of this Act, the Secretary shall complete the development of a tribal consultation policy, which recognizes and protects to the maximum extent practicable tribal treaty rights and trust assets in order to improve the Coast Guard’s consultation and coordination with the tribal governments of federally recognized Indian tribes with respect to oil spill prevention, preparedness, response and natural resource damage assessment.CommentsClose CommentsPermalink





(b) INCLUSION OF TRIBAL GOVERNMENT- The Secretary shall ensure that, as soon as practicable after identifying an oil spill that is likely to have a significant impact on natural or cultural resources owned or directly utilized by a federally recognized Indian tribe, the Coast Guard will--CommentsClose CommentsPermalink





(1) ensure that representatives of the tribal government of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to the spill;CommentsClose CommentsPermalink





(2) share information about the oil spill with the tribal government of the affected tribe; andCommentsClose CommentsPermalink





(3) to the extent practicable, involve tribal governments in deciding how to respond to such spill.CommentsClose CommentsPermalink





(c) COOPERATIVE ARRANGEMENTS- The Coast Guard may enter into memoranda of agreement and associated protocols with Indian tribal governments in order to establish cooperative arrangements for oil pollution prevention, preparedness, and response. Such memoranda may be entered into prior to the development of the tribal consultation and coordination policy to provide Indian tribes grant and contract assistance. Such memoranda of agreement and associated protocols with Indian tribal governments may include--CommentsClose CommentsPermalink





(1) arrangements for the assistance of the tribal government to participate in the development of the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;CommentsClose CommentsPermalink





(2) arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;CommentsClose CommentsPermalink





(3) provisions on coordination in the event of a spill, including agreements that representatives of the tribal government will be included as part of the regional response team co-chaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills;CommentsClose CommentsPermalink





(4) arrangements for the Coast Guard to provide training of tribal incident commanders and spill responders for oil spill preparedness and response;CommentsClose CommentsPermalink





(5) demonstration projects to assist tribal governments in building the capacity to protect tribal treaty rights and trust assets from oil spills; andCommentsClose CommentsPermalink





(6) such additional measures the Coast Guard determines to be necessary for oil pollution prevention, preparedness, and response.CommentsClose CommentsPermalink





(d) FUNDING FOR TRIBAL PARTICIPATION- Subject to the availability of appropriations, the Commandant of the Coast Guard shall provide assistance to participating tribal governments in order to facilitate the implementation of cooperative arrangements under subsection (c) and ensure the participation of tribal governments in such arrangements. There are authorized to be appropriated to the Commandant $500,000 for each of fiscal years 2010 through 2014 to be used to carry out this section.CommentsClose CommentsPermalink

SEC. 111. NOTIFICATION REQUIREMENTS.

(a) MARINE CASUALTIES- Section 6101 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) NOTICE TO STATES AND TRIBAL GOVERNMENTS- Within 1 hour after receiving a report under this section, the Secretary shall forward the report to each State and federally recognized Indian tribal government that has jurisdiction concurrent with the United States or adjacent to waters in which the casualty occurred. Each State shall identify for the Secretary the agency to which such reports shall be forwarded and shall be responsible for forwarding appropriate information to local and tribal governments within its jurisdiction.’.CommentsClose CommentsPermalink





(b) STATE-REQUIRED NOTICE OF BULK OIL TRANSFERS- Notwithstanding any other provision of law, a coastal State may, by law, require a person to provide notice of 24 hours or more to the State and to the United States Coast Guard before transferring oil in bulk in an amount equivalent to 250 barrels or more to, from, or within a vessel in State waters. The Commandant may assist coastal States in developing appropriate methodologies for joint Federal and State notification of any such transfers to minimize any potential burden to vessels.CommentsClose CommentsPermalink

SEC. 112. COOPERATIVE STATE INSPECTION AUTHORITY.

(a) IN GENERAL- The Secretary is authorized to execute a joint enforcement agreement with the Governor of a coastal state that meets the requirements of subsection (b) under which--CommentsClose CommentsPermalink





(1) State law enforcement officers with marine law enforcement responsibilities may be authorized to perform duties of the Secretary relating to law enforcement provisions under this title or any other marine resource law enforced by the Secretary; andCommentsClose CommentsPermalink





(2) State inspectors are authorized to conduct inspections of United States and foreign-flag vessels in United States ports under the supervision of the Coast Guard and report and refer any documented deficiencies or violations to the Coast Guard for action.CommentsClose CommentsPermalink





(b) STATE QUALIFICATIONS- To be eligible to participate in a joint enforcement agreement under subsection (a), a coastal state shall--CommentsClose CommentsPermalink





(1) submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require; andCommentsClose CommentsPermalink





(2) demonstrate to the satisfaction of the Secretary that--CommentsClose CommentsPermalink





(A) its State inspectors possess, or qualify for, a merchant mariner officer or engineer license for at least a 1,600 gross-ton vessel under subchapter B of title 46, Code of Federal Regulations;CommentsClose CommentsPermalink





(B) it has established support for its inspection program to track, schedule, and monitor shipping traffic within its waters; andCommentsClose CommentsPermalink





(C) it has a funding mechanism to maintain an inspection program for at least 5 years.CommentsClose CommentsPermalink





(c) TECHNICAL SUPPORT AND TRAINING- The Secretary may provide technical support and training for State inspectors who participate in a joint enforcement agreement under this section.CommentsClose CommentsPermalink

SEC. 113. TUG ESCORTS FOR LADEN OIL TANKERS.

Within 1 year after the date of enactment of this Act, the Secretary of State, in consultation with the Commandant, shall enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank ships with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca, Strait of Georgia, and in Haro Strait. The Commandant shall consult with the State of Washington and affected tribal governments during negotiations with the Government of Canada.CommentsClose CommentsPermalink

SEC. 114. TANK AND NON-TANK VESSEL RESPONSE PLANS.

Within 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations authorizing owners and operators of tank and non-tank vessel to form non-profit cooperatives for the purpose of complying with section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).CommentsClose CommentsPermalink

SEC. 115. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF OIL.

Within 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the availability, feasibility, and potential cost of technology to detect the loss of oil carried as cargo or as fuel on tank and non-tank vessels greater than 400 gross tons.CommentsClose CommentsPermalink

Subtitle B--National Oceanic and Atmospheric Administration ProvisionsCommentsClose CommentsPermalink

SEC. 151. HYDROGRAPHIC SURVEYS.

(a) REDUCTION OF BACKLOG- The Under Secretary of Commerce for Oceans and Atmosphere shall continue survey operations to reduce the survey backlog in navigationally significant waters outlined in its National Survey Plan, concentrating on areas where oil and other hazardous materials are transported.CommentsClose CommentsPermalink





(b) NEW SURVEYS- By no later than January 1, 2012, the Under Secretary shall complete new surveys, together with necessary data processing, analysis, and dissemination, for all areas in United States coastal areas determined by the Under Secretary to be critical areas.CommentsClose CommentsPermalink





(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary for the purpose of carrying out the new surveys required by subsection (b) such sums as may be necessary for each of fiscal years 2010 through 2012.CommentsClose CommentsPermalink

SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

(a) IN GENERAL- By no later than September 1, 2010, the Under Secretary of Commerce for Oceans and Atmosphere shall complete the electronic navigation chart suite for all coastal waters of the United States.CommentsClose CommentsPermalink





(b) PRIORITIES- In completing the suite, the Under Secretary shall give priority to producing and maintaining the electronic navigation charts of the entrances to major ports and the coastal transportation routes for oil and hazardous materials, and for estuaries of national significance designated under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1330).CommentsClose CommentsPermalink





(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary for the purpose of completing the electronic navigation chart suite $6,200,000 for fiscal year 2010.CommentsClose CommentsPermalink

TITLE II--RESPONSECommentsClose CommentsPermalink

SEC. 201. RAPID RESPONSE SYSTEM.

The Under Secretary of Commerce for Oceans and Atmosphere shall develop and implement a rapid response system to collect and predict in situ information about oil spill behavior, trajectory and impacts, and a mechanism to provide such information rapidly to Federal, State, tribal, and other entities involved in a response to an oil spill.CommentsClose CommentsPermalink

SEC. 202. COAST GUARD OIL SPILL DATABASE.

The Secretary shall modify the Coast Guard’s oil spill database as necessary to ensure that it--CommentsClose CommentsPermalink





(1) includes information on the cause of oil spills maintained in the database;CommentsClose CommentsPermalink





(2) is capable of facilitating the analysis of trends and the comparison of accidents involving oil spills; andCommentsClose CommentsPermalink





(3) makes the data available to the public.CommentsClose CommentsPermalink

SEC. 203. USE OF OIL SPILL LIABILITY TRUST FUND.

(a) IN GENERAL- Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;’.CommentsClose CommentsPermalink





(b) USE OF FUND IN NATIONAL EMERGENCIES- Notwithstanding any provision of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to the contrary, no amount may be made available from the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 for claims described in section 1012(a)(4) of that Act (33 U.S.C. 2712(a)(4)) attributable to any national emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).CommentsClose CommentsPermalink

SEC. 204. EXTENSION OF FINANCIAL RESPONSIBILITY.

Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ after the semicolon in paragraph (1);CommentsClose CommentsPermalink





(2) by inserting ‘or’ after the semicolon in paragraph (2); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) any tank vessel over 100 gross tons (except a non-self-propelled vessel that does not carry oil as cargo) using any place subject to the jurisdiction of the United States;’.CommentsClose CommentsPermalink

SEC. 205. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(d)) is amended by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) VESSELS- In the case of a vessel--CommentsClose CommentsPermalink





‘(i) any person owning, operating, or demise chartering the vessel; andCommentsClose CommentsPermalink





‘(ii) the owner of oil being transported in a tank vessel with a single hull after December 31, 2010, if the owner of the oil knew, or should have known, from publicly available information that the vessel had a poor safety or operational record.’.CommentsClose CommentsPermalink

SEC. 206. INTERNATIONAL EFFORTS ON ENFORCEMENT.

The Secretary, in consultation with the heads of other appropriate Federal agencies, shall ensure that the Coast Guard pursues stronger enforcement in the International Maritime Organization of agreements related to oil discharges, including joint enforcement operations, training, and stronger compliance mechanisms.CommentsClose CommentsPermalink

SEC. 207. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION REVOLVING FUND.

The Secretary of the Treasury shall invest such portion of the damage assessment and restoration revolving fund described in title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (33 U.S.C. 2706 note) as is not, in the Secretary’s judgment, required to meet current withdrawals in interest-bearing obligations of the United States in accordance with section 9602 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

TITLE III--RESEARCH AND MISCELLANEOUS REPORTSCommentsClose CommentsPermalink

SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.

(a) ESTABLISHMENT- There is established a committee to be known as the Federal Oil Spill Research Committee.CommentsClose CommentsPermalink





(b) MEMBERSHIP- The members of the Committee shall be designated by the Under Secretary of Commerce for Oceans and Atmosphere and shall include representatives from the National Oceanic and Atmospheric Administration, the United States Coast Guard, the Environmental Protection Agency, and such other Federal agencies as the President may designate. A representative of the National Oceanic and Atmospheric Administration, designated by the Under Secretary, shall serve as Chairman.CommentsClose CommentsPermalink





(c) DUTIES- The Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, universities, research institutions, State governments, tribal governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.CommentsClose CommentsPermalink





(d) Reports to Congress-CommentsClose CommentsPermalink





(1) Not later than 180 days after the date of enactment of this Act, the Committee shall submit to Congress a report on the current state of oil spill prevention and response capabilities that--CommentsClose CommentsPermalink





(A) identifies current research programs conducted by governments, universities, and corporate entities;CommentsClose CommentsPermalink





(B) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies;CommentsClose CommentsPermalink





(C) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;CommentsClose CommentsPermalink





(D) identifies regional oil pollution research needs and priorities for a coordinated program of research at the regional level developed in consultation with the State and local governments, tribes;CommentsClose CommentsPermalink





(E) assesses the current state of spill response equipment, and determines areas in need of improvement including amount, age, quality, effectiveness, or necessary technological improvements;CommentsClose CommentsPermalink





(F) assesses the current state of real time data available to mariners, including water level, currents and weather information and predictions, and assesses whether lack of timely information increases the risk of oil spills; andCommentsClose CommentsPermalink





(G) includes such recommendations as the Committee deems appropriate.CommentsClose CommentsPermalink





(2) QUINQUENNIAL UPDATES- The Committee shall submit a report every fifth year after its first report under paragraph (1) updating the information contained in its previous report under this subsection.CommentsClose CommentsPermalink





(e) ADVICE AND GUIDANCE- The Committee shall accept comments and input from State and local governments, Indian tribes, industry representatives, and other stakeholders.CommentsClose CommentsPermalink





(f) NATIONAL ACADEMY OF SCIENCE PARTICIPATION- The Chairman, through the National Oceanic and Atmospheric Administration, shall contract with the National Academy of Sciences to--CommentsClose CommentsPermalink





(1) provide advice and guidance in the preparation and development of the research plan; andCommentsClose CommentsPermalink





(2) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment.CommentsClose CommentsPermalink





(g) Research and Development Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Committee shall establish a program for conducting oil pollution research and development. Within 180 days after submitting its report to the Congress under subsection (d), the Committee shall submit to Congress a plan for the implementation of the program.CommentsClose CommentsPermalink





(2) PROGRAM ELEMENTS- The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved technologies which are effective in preventing, detecting, or mitigating oil discharges and which protect the environment, and include--CommentsClose CommentsPermalink





(A) high priority research areas described in the report;CommentsClose CommentsPermalink





(B) environmental effects of acute and chronic oil spills;CommentsClose CommentsPermalink





(C) long-term effects of major spills and the long-term cumulative effects of smaller endemic spills;CommentsClose CommentsPermalink





(D) new technologies to detect accidental or intentional overboard discharges;CommentsClose CommentsPermalink





(E) response capabilities, such as improved booms, oil skimmers, and storage capacity;CommentsClose CommentsPermalink





(F) methods to restore and rehabilitate natural resources damaged by oil discharges; andCommentsClose CommentsPermalink





(G) research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to remove an oil discharge quickly and effectively.CommentsClose CommentsPermalink





(h) Grant Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere shall manage a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting the program established under subsection (g).CommentsClose CommentsPermalink





(2) APPLICATIONS AND CONDITIONS- In conducting the program, the Under Secretary--CommentsClose CommentsPermalink





(A) shall establish a notification and application procedure;CommentsClose CommentsPermalink





(B) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program; andCommentsClose CommentsPermalink





(C) may make grants under the program on a matching or nonmatching basis.CommentsClose CommentsPermalink





(i) FACILITATION- The Committee may develop memoranda of agreement or memoranda of understanding with universities, States, or other entities to facilitate the research program.CommentsClose CommentsPermalink





(j) ANNUAL REPORTS- The chairman of the Committee shall submit an annual report to Congress on the activities carried out under this section in the preceding fiscal year, and on activities proposed to be carried out under this section in the current fiscal year.CommentsClose CommentsPermalink





(k) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Commerce to carry out this section--CommentsClose CommentsPermalink





(1) $200,000 for fiscal year 2010, to remain available until expended, for contracting with the National Academy of Sciences and other expenses associated with developing the report and research program; andCommentsClose CommentsPermalink





(2) $2,000,000 for each of fiscal years 2010, 2011, and 2012, to remain available until expended, to fund grants under subsection (h).CommentsClose CommentsPermalink





(l) COMMITTEE REPLACES EXISTING AUTHORITY- The authority provided by this section supersedes the authority provided by section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of the Interagency Committee on Oil Pollution Research under subsection (a) of that section, and that Committee shall cease operations and terminate on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE DETECTION TECHNOLOGIES.

(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Commandant shall establish a competitively awarded grant program for the development of cost-effective technologies, such as infrared, pressure sensors, and remote sensing, for detecting discharges of oil from vessels as well as methods and technologies for improving detection and recovery of submerged and sinking oils.CommentsClose CommentsPermalink





(b) MATCHING REQUIREMENT- The Federal share of any project funded under subsection (a) may not exceed 50 percent of the total cost of the project.CommentsClose CommentsPermalink





(c) REPORT TO CONGRESS- Not later than 3 years after the date of enactment of this Act the Secretary shall provide a report to the Senate Committee on Commerce, Science, and Transportation, and to the House of Representatives Committee on Transportation and Infrastructure on the results of the program.CommentsClose CommentsPermalink





(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Commandant to carry out this section $2,000,000 for each of fiscal years 2010, 2011, and 2012, to remain available until expended.CommentsClose CommentsPermalink





(e) TRANSFER PROHIBITED- Administration of the program established under subsection (a) may not be transferred within the Department of Homeland Security or to another department or Federal agency.CommentsClose CommentsPermalink

SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE NATIONAL RESEARCH COUNCIL.

(a) IN GENERAL- Within 90 days after the date of enactment of this Act, the Secretary shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on whether the Coast Guard has implemented each of the recommendations directed at the Coast Guard, or at the Coast Guard and other entities, in the following National Research Council reports:CommentsClose CommentsPermalink





(1) ‘Double-Hull Tanker Legislation, An Assessment of the Oil Pollution Act of 1990’, dated 1998.CommentsClose CommentsPermalink





(2) ‘Oil in the Sea III, Inputs, Fates and Effects’, dated 2003.CommentsClose CommentsPermalink





(b) CONTENT- The report shall contained a detailed explanation of the actions taken by the Coast Guard pursuant to the National Research Council reports. If the Secretary determines that the Coast Guard has not fully implemented the recommendations, the Secretary shall include a detailed explanation of the reasons any such recommendation has not been fully implemented, together with any recommendations the Secretary deems appropriate for implementing any such non-implemented recommendation.CommentsClose CommentsPermalink

SEC. 304. GAO REPORT.

Within 1 year after the date of enactment of this Act, the Comptroller General shall provide a written report with recommendations for reducing the risks and frequency of releases of oil from vessels (both intentional and accidental) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that includes the following:CommentsClose CommentsPermalink





(1) CONTINUING OIL RELEASES- A summary of continuing sources of oil pollution from vessels, the major causes of such pollution, the extent to which the Coast Guard or other Federal or State entities regulate such sources and enforce such regulations, possible measures that could reduce such releases of oil.CommentsClose CommentsPermalink





(2) DOUBLE HULLS-CommentsClose CommentsPermalink





(A) A description of the various types of double hulls, including designs, construction, and materials, authorized by the Coast Guard for United States flag vessels, and by foreign flag vessels pursuant to international law, and any changes with respect to what is now authorized compared to the what was authorized in the past.CommentsClose CommentsPermalink





(B) A comparison of the potential structural and design safety risks of the various types of double hulls described in subparagraph (A) that have been observed or identified by the Coast Guard, or in public documents readily available to the Coast Guard, including susceptibility to corrosion and other structural concerns, unsafe temperatures within the hulls, the build-up of gases within the hulls, ease of inspection, and any other factors affecting reliability and safety.CommentsClose CommentsPermalink





(3) ALTERNATIVE DESIGNS FOR NON-TANK VESSELS- A description of the various types of alternative designs for non-tank vessels to reduce risk of an oil spill, known effectiveness in reducing oil spills, and a summary of how extensively such designs are being used in the United States and elsewhere.CommentsClose CommentsPermalink





(4) RESPONSE EQUIPMENT- An assessment of the sufficiency of oil pollution response and salvage equipment, the quality of existing equipment, new developments in the United States and elsewhere, and whether new technologies are being used in the United States.CommentsClose CommentsPermalink

SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.

The Secretary of the Department of Homeland Security shall, in conjunction with the Secretary of Commerce, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal agencies, contract with the National Research Council to conduct an analysis of the condition and safety of all aspects of oil transportation infrastructure in the United States, and provide recommendations to improve such safety, including an assessment of the adequacy of contingency and emergency plans in the event of a natural disaster or emergency.CommentsClose CommentsPermalink

SEC. 306. OIL SPILLS IN ICY AND ARCTIC CONDITIONS.

(a) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant, shall contract with the National Research Council to conduct an analysis of oil spill risks and response capabilities in the Arctic and other icy conditions, including spills under pack ice or in waters with broken ice.CommentsClose CommentsPermalink





(b) CONTENT- At a minimum, the analysis shall include a description of oil spill scenarios that could occur in icy environments, an assessment of the challenges unique to oil spill response operations in icy conditions, an examination of the effectiveness of traditional oil spill response methods in icy conditions, an assessment of techniques for detecting, mapping, and tracking spills in icy environments, and the identification of promising new technologies, concepts, and research needs.CommentsClose CommentsPermalink