II 

115TH CONGRESS 

1ST SESSION S. 74 

To improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to sustain healthy ocean 

and coastal ecosystems by maintaining and sustaining their capabilities 

relating to oil spill preparedness, prevention, response, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2017 

Mr. NELSON introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal 

States to sustain healthy ocean and coastal ecosystems 

by maintaining and sustaining their capabilities relating 

to oil spill preparedness, prevention, response, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Marine Oil Spill Prevention Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—IMPROVING MARINE OIL SPILL PREVENTION 

CAPABILITIES 

Sec. 101. Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and Department of the Interior on oil spill 

matters. 

Sec. 102. Strengthening coastal State oil spill planning and response. 

Sec. 103. Moratorium on commercial industrial activity in certain areas of Gulf 

of Mexico. 

Sec. 104. Coast Guard inspections. 

Sec. 105. Navigational measures for protection of natural resources. 

Sec. 106. Gulf of Mexico Regional Citizens’ Advisory Council. 

Sec. 107. Vessel as responsible party. 

Sec. 108. Transportation and commerce aspects of outer continental shelf 

lands. 

TITLE II—IMPROVING MARINE OIL SPILL PREPAREDNESS 

Sec. 201. Improvements to National Oceanic and Atmospheric Administration 

oil spill response, containment, and prevention. 

Sec. 202. Coast Guard response plan requirements. 

Sec. 203. Oil spill technology evaluation. 

Sec. 204. Safety management system requirements for mobile offshore drilling 

units. 

Sec. 205. Gulf of Mexico long-term marine environmental monitoring and research program. 

Sec. 206. Use of oil spill liability trust fund for expenses of National Oceanic 

and Atmospheric Administration. 

Sec. 207. Notice to States of bulk oil transfers. 

Sec. 208. Coast Guard research and development. 

TITLE III—IMPROVING MARINE OIL SPILL RESPONSE 

CAPABILITIES 

Sec. 301. Prompt publication of oil spill information. 

Sec. 302. Coordination of Federal, State, and local activities with respect to oil 

spill surveys. 


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1 TITLE I—IMPROVING MARINE 

2 OIL SPILL PREVENTION CA3 PABILITIES 

4 SEC. 101. COORDINATION BETWEEN NATIONAL OCEANIC 

5 AND ATMOSPHERIC ADMINISTRATION, COAST 

6 GUARD, AND DEPARTMENT OF THE INTERIOR 

7 ON OIL SPILL MATTERS. 

8 (a) OUTER CONTINENTAL SHELF LEASING PRO9 GRAM.—Section 18 of the Outer Continental Shelf Lands 

10 Act (43 U.S.C. 1344) is amended— 

11 (1) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘from 

13 any interested Federal agency, including the 

14 Attorney General’’ and inserting ‘‘from the 

15 head of any interested Federal department or 

16 agency, including the Secretary of Commerce, 

17 the Secretary of the department in which the 

18 Coast Guard is operating, and the Attorney 

19 General’’; and 

20 (B) in paragraph (3), by striking ‘‘Within 

21 nine months after the date of enactment of this 

22 section the Secretary shall submit a proposed 

23 leasing program to the Congress, the Attorney 

24 General,’’ and inserting ‘‘The Secretary shall 

25 submit any proposed leasing program to the 


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1 Congress, the head of each interested Federal 

2 department or agency described in paragraph 

3 (1), the Attorney General,’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘pro6 posed leasing program,’’ in the first sentence 

7 and all that follows through the end of the 

8 paragraph and inserting ‘‘proposed leasing pro9 gram— 

10 ‘‘(A) the Attorney General, after consulta11 tion with the Federal Trade Commission, may 

12 submit comments on the anticipated effects of 

13 the proposed program on competition; 

14 ‘‘(B) the Secretary of Commerce may sub15 mit comments on the anticipated effects of the 

16 proposed program on the human, marine, and 

17 coastal environments, including the likelihood of 

18 occurrence and potential severity of spills and 

19 chronic pollution; 

20 ‘‘(C) the Secretary of the department in 

21 which the Coast Guard is operating may submit 

22 comments on the adequacy of the response ca23 pabilities of the Federal Government for spills 

24 and chronic pollution that may occur as a result 

25 of the proposed program; and 


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1 ‘‘(D) any State, local government, or other 

2 person may submit comments and recommenda3 tions as to any aspect of the proposed pro4 gram.’’; 

5 (B) in paragraph (2), by striking ‘‘Attor6 ney General’’ and inserting ‘‘Attorney General, 

7 the Secretary of Commerce, the Secretary of 

8 the department in which the Coast Guard is op9 erating,’’; and 

10 (C) in paragraph (3), by striking ‘‘or after 

11 eighteen months following the date of enact12 ment of this section, whichever first occurs,’’; 

13 (3) in subsection (e), by striking ‘‘He’’ and in14 serting ‘‘The Secretary’’; and 

15 (4) in subsection (h)— 

16 (A) by striking ‘‘nonpriviledged’’ and in17 serting ‘‘nonprivileged’’; 

18 (B) by striking ‘‘he requests to assist him’’ 

19 and inserting ‘‘the Secretary request to assist 

20 the Secretary’’; and 

21 (C) by striking ‘‘he requests to assist him’’ 

22 and inserting ‘‘the Secretary requests to assist 

23 the Secretary’’. 


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1 (b) ENVIRONMENTAL STUDIES.—Section 20(f) of the 

2 Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) 

3 is amended— 

4 (1) by striking ‘‘In executing his’’ and inserting 

5 ‘‘(1) IN GENERAL.—In executing the’’ and indenting 

6 accordingly; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) NATIONAL OCEANIC AND ATMOSPHERIC

9 ADMINISTRATION.— 

10 ‘‘(A) IN GENERAL.—In addition to any 

11 other requirement under law, the Secretary, 

12 prior to the approval of any program, lease, ex13 ploration plan, or development and production 

14 plan, shall consult with the Administrator of 

15 the National Oceanic and Atmospheric Admin16 istration (referred to in this paragraph as the 

17 ‘Administrator’) on any reasonably foreseeable 

18 adverse effects of the proposed action, including 

19 oil spills, to ocean and coastal resources. 

20 ‘‘(B) INITIATION OF CONSULTATION.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall consult the Administrator under sub23 paragraph (A) as soon as practicable, but 

24 not later than 90 days before the date of 

25 approval of the proposed action. 


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1 ‘‘(ii) PROVISION OF INFORMATION.— 

2 When consulting the Administrator under 

3 subparagraph (A), the Secretary shall pro4 vide to the Administrator— 

5 ‘‘(I) information describing the 

6 nature, location, and duration of the 

7 proposed action; and 

8 ‘‘(II) a description of all reason9 ably foreseeable adverse effects to 

10 ocean and coastal resources. 

11 ‘‘(C) ALTERNATIVES.— 

12 ‘‘(i) IN GENERAL.—At any time prior 

13 to the date that is 45 days before the ap14 proval of the proposed action, the Adminis15 trator may recommend to the Secretary al16 ternatives to any proposed action, includ17 ing measures that will prevent or minimize 

18 reasonably foreseeable adverse effects to 

19 ocean and coastal resources. 

20 ‘‘(ii) SECRETARIAL ACTION.—The 

21 Secretary shall incorporate into the ap22 proval for the proposed action any alter23 native or mitigation measure recommended 

24 under clause (i), unless the Secretary— 


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1 ‘‘(I) determines that the alter2 native or mitigation measure is not 

3 necessary to prevent or minimize rea4 sonably foreseeable adverse effects to 

5 marine and coastal resources; and 

6 ‘‘(II) notifies the Administrator 

7 in writing of the reasons for the deter8 mination under subclause (I).’’. 

9 SEC. 102. STRENGTHENING COASTAL STATE OIL SPILL 

10 PLANNING AND RESPONSE. 

11 The Coastal Zone Management Act of 1972 (16 

12 U.S.C. 1451 et seq.) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE15 SPONSE AND PLANNING. 

16 ‘‘(a) GRANTS TO COASTAL STATES.—The Secretary 

17 may make grants to eligible coastal States— 

18 ‘‘(1) to revise management programs approved 

19 under section 306 and National Estuarine Research 

20 Reserves approved under section 315 to identify and 

21 implement new enforceable policies and procedures 

22 to ensure sufficient response capabilities at the State 

23 level to address the environmental, economic, and so24 cial impacts of oil spills or other accidents resulting 

25 from Outer Continental Shelf energy activities with 


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1 the potential to affect land or water use or natural 

2 resources of the coastal zone; and 

3 ‘‘(2) to review and revise as necessary applica4 ble enforceable policies within approved coastal State 

5 management programs affecting coastal energy ex6 ploration or development activities, including geologi7 cal and geophysical activities, to ensure that these 

8 policies are consistent with— 

9 ‘‘(A) other emergency response plans and 

10 policies developed under Federal or State law to 

11 address the impacts and accidents described in 

12 paragraph (1); and 

13 ‘‘(B) the new policies and procedures de14 veloped under paragraph (1). 

15 ‘‘(b) ELEMENTS.—In developing new enforceable 

16 policies and procedures with grants under subsection (a), 

17 an eligible coastal State shall consider— 

18 ‘‘(1) other existing emergency response plans 

19 and policies developed under other Federal or State 

20 law, to address the impacts and accidents described 

21 in paragraph (1), that affect the coastal zone; 

22 ‘‘(2) the identification of critical infrastructure 

23 essential to facilitate oil spill or accident response 

24 activities; 


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1 ‘‘(3) the identification of coordination, logistics 

2 and communication networks between Federal and 

3 State government agencies, and between State agen4 cies and affected local communities, to ensure the ef5 ficient and timely dissemination of data and other 

6 information; 

7 ‘‘(4) the inventories of shore locations and in8 frastructure and equipment necessary to respond to, 

9 or monitor environmental impacts of, oil spills or 

10 other accidents resulting from Outer Continental 

11 Shelf energy activities; 

12 ‘‘(5) the identification and characterization of 

13 significant or sensitive marine ecosystems or other 

14 areas possessing important conservation, rec15 reational, ecological, historic, economic, or aesthetic 

16 values; 

17 ‘‘(6) the inventories and surveys of shore loca18 tions and infrastructure capable of supporting alter19 native energy development; 

20 ‘‘(7) the observing capabilities necessary to as21 sess ocean conditions before, during, and after an oil 

22 spill or other adverse incident resulting from Outer 

23 Continental Shelf energy activities; and 

24 ‘‘(8) other information or actions as may be 

25 necessary to address the environmental, economic, 


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1 and social impacts of oil spills or other adverse inci2 dents resulting from Outer Continental Shelf energy 

3 activities. 

4 ‘‘(c) GUIDELINES.—Not later than 180 days after the 

5 date of enactment of the Marine Oil Spill Prevention Act, 

6 the Secretary, after consultation with the coastal States, 

7 shall publish guidelines for the application for and use of 

8 grants under this section. 

9 ‘‘(d) PARTICIPATION.—An eligible coastal State shall 

10 develop new enforceable policies and procedures under this 

11 section in accordance with section 306(d)(1) and amend 

12 or modify any new enforceable policies or procedures in 

13 accordance with section 306(e). 

14 ‘‘(e) ANNUAL GRANTS.— 

15 ‘‘(1) IN GENERAL.—For each of fiscal years 

16 2018 through 2022, the Secretary may make a 

17 grant to a coastal State to develop new enforceable 

18 policies and procedures under this section. 

19 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

20 AWARDS.—The amount of any grant to any 1 coast21 al State under this section shall not exceed $750,000 

22 for any fiscal year. 

23 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE24 QUIRED.—A coastal State shall not be required to 


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1 contribute any portion of the cost of a grant award2 ed under this section. 

3 ‘‘(4) TRANSFER OF FUNDS.—A coastal State 

4 that receives a grant under this section may transfer 

5 grant funds to an appropriate agency of the coastal 

6 State. 

7 ‘‘(5) SECRETARIAL REVIEW AND LIMIT ON

8 AWARDS.—After an initial grant is made to a coastal 

9 State under this section, no subsequent grant may 

10 be made to that coastal State under this section un11 less the Secretary finds that the coastal State is sat12 isfactorily developing revisions to address the im13 pacts and accidents described in subsection (a)(1). 

14 No coastal State is eligible to receive grants under 

15 this section for more than 2 fiscal years. 

16 ‘‘(f) APPLICABILITY.—The requirements of this sec17 tion shall only apply if appropriations are provided to the 

18 Secretary to make grants under this section. 

19 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec20 tion may be construed to convey any new authority to any 

21 coastal State, or repeal or supersede any existing authority 

22 of any coastal State, to regulate the siting, licensing, leas23 ing, or permitting of alternative energy facilities in areas 

24 of the Outer Continental Shelf under the administration 


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1 of the Federal Government. Nothing in this section repeals 

2 or supersedes any existing coastal State authority. 

3 ‘‘(h) ASSISTANCE BY THE SECRETARY.—The Sec4 retary, as authorized under section 310(a) and to the ex5 tent practicable, shall make available to coastal States the 

6 resources and capabilities of the National Oceanic and At7 mospheric Administration to provide technical assistance 

8 to the coastal States to prepare revisions to approved man9 agement programs to meet the requirements under this 

10 section.’’. 

11 SEC. 103. MORATORIUM ON COMMERCIAL INDUSTRIAL AC12 TIVITY IN CERTAIN AREAS OF GULF OF MEX13 ICO. 

14 Section 104(a) of the Gulf of Mexico Energy Security 

15 Act of 2006 (43 U.S.C. 1331 note) is amended by striking 

16 ‘‘June 30, 2022’’ and inserting ‘‘June 30, 2027’’. 

17 SEC. 104. COAST GUARD INSPECTIONS. 

18 (a) IN GENERAL.—The Secretary of the department 

19 in which the Coast Guard is operating shall increase the 

20 frequency and comprehensiveness of safety inspections of 

21 all United States and foreign-flag tank vessels that enter 

22 a United States port or place, including increasing the fre23 quency and comprehensiveness of inspections of vessel age, 

24 hull configuration, and past violations of any applicable 

25 discharge and safety regulations under United States and 


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1 international law that may indicate that the class societies 

2 inspecting such vessels may be substandard, and other fac3 tors relevant to the potential risk of an oil spill. 

4 (b) ENHANCED VERIFICATION OF STRUCTURAL CON5 DITION.—The Secretary of the department in which the 

6 Coast Guard is operating shall adopt, as part of the Sec7 retary’s inspection requirements for tank vessels, addi8 tional procedures for enhancing the verification of the re9 ported structural condition of such vessels, taking into ac10 count the Condition Assessment Scheme adopted by the 

11 International Maritime Organization by Resolution 94(46) 

12 on April 27, 2001, as amended and consolidated. 

13 SEC. 105. NAVIGATIONAL MEASURES FOR PROTECTION OF 

14 NATURAL RESOURCES. 

15 (a) DESIGNATION OF AT-RISK AREAS.— 

16 (1) IN GENERAL.—The Commandant of the 

17 Coast Guard, in consultation the Under Secretary 

18 for Oceans and Atmosphere, shall identify areas in 

19 waters subject to the jurisdiction of the United 

20 States, including the exclusive economic zone (as es21 tablished by Presidential Proclamation Numbered 

22 5030 of March 10, 1983 (16 U.S.C. 1453 note)), in 

23 which routing or other navigational measures are 

24 warranted to reduce the risk of oil spills and poten25 tial damage to natural resources. 


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1 (2) CONSIDERATIONS.—In identifying the areas 

2 described in paragraph (1), the Commandant shall 

3 give priority consideration to natural resources of 

4 particular ecological importance or economic impor5 tance, including— 

6 (A) commercial fisheries; 

7 (B) aquaculture facilities; 

8 (C) marine sanctuaries designated by the 

9 Secretary of Commerce under the National Ma10 rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 

11 (D) estuaries of national significance des12 ignated under section 320 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1330); 

14 (E) critical habitat, as defined in section 

15 3(5) of the Endangered Species Act of 1973 

16 (16 U.S.C. 1532(5)); 

17 (F) estuarine research reserves within the 

18 National Estuarine Research Reserve System 

19 established by section 315 of the Coastal Zone 

20 Management Act of 1972 (16 U.S.C. 1461); 

21 and 

22 (G) national parks and national seashores 

23 administered by the National Park Service 

24 under the National Park Service Organic Act 

25 (16 U.S.C. 1 et seq.). 


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1 (b) FACTORS CONSIDERED.—In determining whether 

2 navigational measures are warranted for an area identified 

3 under subsection (a), the Commandant and the Under 

4 Secretary for Oceans and Atmosphere shall consider, at 

5 a minimum— 

6 (1) the frequency of transits of vessels which 

7 are required to prepare a response plan under sec8 tion 311(j) of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1321(j)); 

10 (2) the type and quantity of oil transported as 

11 cargo or fuel; 

12 (3) the expected benefits of routing measures in 

13 reducing risks of spills; 

14 (4) the costs of such measures; 

15 (5) the safety implications of such measures; 

16 and 

17 (6) the nature and value of the resources to be 

18 protected by such measures. 

19 (c) ESTABLISHMENT OF ROUTING AND OTHER NAVI20 GATIONAL MEASURES.—The Commandant shall establish 

21 such routing or other navigational measures for areas 

22 identified under subsection (a). 

23 (d) ESTABLISHMENT OF AREAS TO BE AVOIDED.— 

24 To the extent that the Commandant and the Under Sec25 retary for Oceans and Atmosphere identify areas in which 


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1 navigational measures are warranted for an area under 

2 subsection (a), the Secretary of Commerce and the Under 

3 Secretary shall seek to establish such areas through the 

4 International Maritime Organization or establish com5 parable areas pursuant to regulations and in a manner 

6 that is consistent with international law. 

7 (e) OIL SHIPMENT DATA AND REPORT.— 

8 (1) DATA COLLECTION.—The Commandant of 

9 the Coast Guard, in consultation with the Chief of 

10 Engineers, shall analyze data on oil transported as 

11 cargo on vessels in the navigable waters of the 

12 United States, including information on— 

13 (A) the quantity and type of oil being 

14 transported; 

15 (B) the vessels used for such transpor16 tation; 

17 (C) the frequency with which each type of 

18 oil is being transported; and 

19 (D) the point of origin, transit route, and 

20 destination of each such shipment of oil. 

21 (2) QUARTERLY REPORT.— 

22 (A) REQUIREMENT FOR QUARTERLY RE23 PORT.—The Secretary of Commerce, not less 

24 frequently than once each calendar quarter, 

25 shall submit to the Committee on Commerce, 


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1 Science, and Transportation of the Senate and 

2 the Committee on Energy and Commerce of the 

3 House of Representatives a report on the data 

4 collected and analyzed under paragraph (1). 

5 (B) FORMAT.—Each report submitted 

6 under subparagraph (A) shall be submitted in 

7 a format that does not disclose information ex8 empted from disclosure. 

9 SEC. 106. GULF OF MEXICO REGIONAL CITIZENS’ ADVISORY 

10 COUNCIL. 

11 (a) IN GENERAL.—Subtitle A of title IV of the Oil 

12 Pollution Act of 1990 is amended by inserting after sec13 tion 4118 (33 U.S.C. 1203 note) the following: 

14 ‘‘SEC. 4119. GULF COAST REGIONAL CITIZENS’ ADVISORY 

15 COUNCIL. 

16 ‘‘(a) ESTABLISHMENT.—There is established a Gulf 

17 Coast Regional Citizens’ Advisory Council. 

18 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

19 of voting members and nonvoting members, as follows: 

20 ‘‘(1) VOTING MEMBERS.—Each of the Gulf 

21 Coast States shall be represented by 5 members on 

22 the Council who shall be residents of, and appointed 

23 from and by the following interests in, the State 

24 they represent, such that each interest in each State 

25 is represented by a voting member: 


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1 ‘‘(A) Commercial fin fish and shellfish in2 dustry organizations, the members of which de3 pend on the marine fisheries resources of the 

4 State. 

5 ‘‘(B) Recreational fishing industry organi6 zations, the members of which depend on the 

7 marine fisheries resources of the State. 

8 ‘‘(C) Restaurant, hotel, and tourism indus9 try organizations, the members of which depend 

10 upon the beaches, dunes, barrier islands, wet11 lands, estuaries, bayous, sounds, bays, lagoons, 

12 reefs, fish, wildlife, or other coastal resources of 

13 the State. 

14 ‘‘(D) Marine and coastal conservation or15 ganizations, members of which reside in the 

16 State. 

17 ‘‘(E) Counties or parishes, and incor18 porated and unincorporated municipalities of 

19 the State. 

20 ‘‘(2) NONVOTING MEMBERS.—One ex officio, 

21 nonvoting representative shall be designated by, and 

22 represent, each of the following on the Council: 

23 ‘‘(A) The Coast Guard. 

24 ‘‘(B) The Environmental Protection Agen25 cy. 


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1 ‘‘(C) The National Oceanic and Atmos2 pheric Administration. 

3 ‘‘(D) The Department of the Interior, Bu4 reau of Safety and Environmental Enforcement. 

5 ‘‘(E) The Department of Transportation, 

6 Office of Pipeline Safety. 

7 ‘‘(F) The lead maritime environmental and 

8 natural resources management and enforcement 

9 agency of each of the Gulf Coast States. 

10 ‘‘(G) The maritime or shipping industry. 

11 ‘‘(H) The energy industry. 

12 ‘‘(3) GEOGRAPHIC BALANCE.—Voting and non13 voting members shall be drawn equally from the 

14 States represented on the Council. 

15 ‘‘(c) INITIAL FORMATION.—Not later than 90 days 

16 after the date of enactment of the Marine Oil Spill Preven17 tion Act, the Secretary of the department in which the 

18 Coast Guard is operating shall appoint the initial voting 

19 members of the Council and call the first meeting of the 

20 Council. 

21 ‘‘(d) TERMS.— 

22 ‘‘(1) DURATION OF THE COUNCIL.—The dura23 tion of the Council shall be throughout the lifetime 

24 of energy exploration, development, production, 

25 transportation, and facility removal activities in one 


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1 or more of the Gulf Coast States, and throughout 

2 the lifetime of such activities in the Gulf of Mexico. 

3 ‘‘(2) TERMS OF VOTING MEMBERS.— 

4 ‘‘(A) IN GENERAL.—The voting members 

5 of the Council shall be appointed for a term of 

6 3 years, except as provided in subparagraph 

7 (B). 

8 ‘‘(B) TERMS OF INITIAL APPOINTEES.— 

9 The terms of service of voting members initially 

10 appointed by the Secretary of the department in 

11 which the Coast Guard is operating shall be es12 tablished by a drawing of lots, under which— 

13 ‘‘(i) 9 of the voting members shall 

14 serve for 3 years; 

15 ‘‘(ii) 9 of the voting members shall 

16 serve for 2 years; and 

17 ‘‘(iii) 7 of the voting members shall 

18 serve for 1 year. 

19 ‘‘(e) GOVERNANCE.— 

20 ‘‘(1) IN GENERAL.—The Council shall elect a 

21 chairperson, select staff, and make policies with re22 gard to internal operating procedures. 

23 ‘‘(2) SELF-GOVERNING.—After the initial orga24 nizational meeting called by the Secretary of the de25 partment in which the Coast Guard is operating, the 


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1 Council shall be self-governing and shall hold meet2 ings thereafter at least once each year. 

3 ‘‘(3) TRANSPARENCY.—The Council shall— 

4 ‘‘(A) conduct the operations of the Council 

5 in public, to the maximum extent practicable; 

6 ‘‘(B) make all work product adopted by the 

7 Council available to the public; 

8 ‘‘(C) hold at least 1 meeting each year that 

9 is open to the public, and for each such meeting 

10 provide notice to the public at least 30 days 

11 prior to such meeting; and 

12 ‘‘(D) maintain a freely accessible website 

13 on which it shall make available to the public, 

14 at a minimum— 

15 ‘‘(i) recommendations made by the 

16 Council, together with information as to 

17 whether or not the recommendations were 

18 adopted and, if not, an explanation of why 

19 they were not adopted; 

20 ‘‘(ii) a description of matters cur21 rently under review by the Council, without 

22 disclosing any private, confidential, or priv23 ileged information consistent with applica24 ble law; 


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1 ‘‘(iii) a statement of industry stand2 ards; and 

3 ‘‘(iv) an interactive component 

4 through which the general public may sub5 mit questions and comments and report 

6 matters of interest. 

7 ‘‘(4) CONFLICTS OF INTEREST.—An individual 

8 selected as a voting member of the Council may not 

9 engage in any activity that may conflict with the 

10 execution of the functions or duties of the individual 

11 as a Council member. 

12 ‘‘(f) DUTIES.— 

13 ‘‘(1) IN GENERAL.—The Council shall, with re14 gard to the activities, operation, and maintenance of 

15 facilities and tank vessels in the Gulf Coast States 

16 and the Gulf of Mexico— 

17 ‘‘(A) provide advice and recommendations 

18 to covered persons, relevant Federal agencies, 

19 and Gulf Coast States regarding applicable poli20 cies, permits, operations, and regulations; 

21 ‘‘(B) monitor impacts on marine and 

22 coastal ecosystems; 

23 ‘‘(C) monitor relevant oil spill prevention 

24 and response plans, including plans relating to 

25 blowout prevention and response; and 


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1 ‘‘(D) recommend standards and conditions 

2 for regulations intended to ensure safety of life 

3 and property and minimize negative impacts on 

4 marine and coastal ecosystems. 

5 ‘‘(2) GEOGRAPHIC SCOPE.—The Council shall 

6 carry out the duties described in paragraph (1) in a 

7 manner that, to the extent practicable, covers all ac8 tivities, operation, and maintenance of facilities and 

9 tank vessels occurring in Gulf Coast States and the 

10 Gulf of Mexico. 

11 ‘‘(g) ESTOPPEL.—The Council is not liable under 

12 Federal or State law for costs or damages resulting from 

13 the discharge of its duties. No advice given by a voting 

14 member of the Council, or by a program representative 

15 or agent, shall be grounds for estopping the interests rep16 resented by voting Council members from seeking dam17 ages or other appropriate relief. 

18 ‘‘(h) SCIENTIFIC WORK.—In carrying out its duties, 

19 the Council— 

20 ‘‘(1) may conduct applicable scientific research; 

21 and 

22 ‘‘(2) shall review applicable scientific work un23 dertaken by or on behalf of the energy industry, con24 servation organizations, or government agencies. 


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1 ‘‘(i) STANDING COMMITTEES.—The Council may cre2 ate standing committees as necessary to carry out the du3 ties described in subsection (f), including— 

4 ‘‘(1) a scientific and technical committee; 

5 ‘‘(2) an environmental monitoring committee; 

6 ‘‘(3) an oil spill prevention and response com7 mittee; 

8 ‘‘(4) an offshore monitoring committee to mon9 itor activities in waters of the Gulf of Mexico that 

10 are more than 500 feet in depth; and 

11 ‘‘(5) a coastal monitoring committee to monitor 

12 activities on the coast of the Gulf of Mexico and in 

13 waters of the Gulf of Mexico that are 500 feet or 

14 less in depth. 

15 ‘‘(j) AGENCY COOPERATION.— 

16 ‘‘(1) INFORMATION.—The Council may request 

17 directly from any Federal agency, and upon such re18 quest each Federal agency shall furnish to the Coun19 cil to the extent authorized by law, information, sug20 gestions, estimates, and statistics, for the purpose of 

21 fulfilling its duties under subsection (f). 

22 ‘‘(2) CONSULTATION.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

24 days after the date of enactment of the Marine 

25 Oil Spill Prevention Act, each Federal agency, 


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1 with respect to all permits, site-specific regula2 tions, and other matters governing the activities 

3 and actions within the purview of the Council, 

4 shall consult with the Council prior to taking 

5 substantive action with respect to such matters. 

6 ‘‘(B) REVIEW.—Federal agency consulta7 tions required by this paragraph shall be car8 ried out in a manner that enables the Council 

9 to review the permit, site-specific regulation, or 

10 other matter at issue and make appropriate rec11 ommendations consistent with its duties. 

12 ‘‘(C) EMERGENCIES.—No consultation 

13 shall be required under this paragraph if an au14 thorized representative of a Federal agency rea15 sonably believes that an emergency exists re16 quiring action without delay. 

17 ‘‘(k) RECOMMENDATIONS OF THE COUNCIL.— 

18 ‘‘(1) IN GENERAL.—All recommendations of the 

19 Council shall be advisory only. 

20 ‘‘(2) RESPONSE TO RECOMMENDATIONS.—If a 

21 covered person decides not to adopt, or decides to 

22 adopt with substantial modification, a recommenda23 tion of the Council, then the covered person shall 

24 provide to the Council, not later than 10 days after 

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1 sion and a written explanation of the reason or rea2 sons for the decision. 

3 ‘‘(l) LOCATION AND COMPENSATION.— 

4 ‘‘(1) LOCATION.—The Council shall establish 

5 offices in one or more of the Gulf Coast States, as 

6 the Council determines to be necessary and appro7 priate to the execution of its duties. 

8 ‘‘(2) COMPENSATION.—A member of the Coun9 cil may not be compensated for service on the Coun10 cil, but shall be allowed travel expenses, including 

11 per diem, at a rate established by the Council, which 

12 may not exceed the rates authorized for employees 

13 of agencies under sections 5702 and 5703 of title 5, 

14 United States Code, except by express authorization 

15 of the Council in a case in which the rates are inad16 equate to reimburse a member not eligible for travel 

17 rates of the Federal Government. 

18 ‘‘(m) FUNDING.— 

19 ‘‘(1) REQUIREMENT.—Approval of the contin20 gency plans required of covered persons under this 

21 Act shall be effective only so long as the Council is 

22 funded under paragraph (2). 

23 ‘‘(2) CONTRIBUTIONS BY COVERED PERSONS.— 

24 Covered persons shall provide, on an annual basis, 

25 an aggregate amount of not more than $10,000,000, 


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1 as determined by the Secretary of the department in 

2 which the Coast Guard is operating, that shall pro3 vide for the establishment and ongoing operation of 

4 the Council, and shall be adjusted annually to reflect 

5 changes in the Consumer Price Index in the Gulf 

6 Coast States. 

7 ‘‘(n) INDEPENDENT AUDITS; REPORTS.— 

8 ‘‘(1) ANNUAL AUDITS.—The Council shall com9 mission an annual independent financial statement 

10 audit by an independent accounting firm and publish 

11 the results in a publicly available annual report. 

12 ‘‘(2) BIENNIAL COUNCIL REPORT.—Not later 

13 than 2 years after the date of establishment of the 

14 Council, and biennially thereafter, the Council shall 

15 submit to the Committee on Commerce, Science, and 

16 Transportation of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives a report that includes— 

19 ‘‘(A) the significant achievements of the 

20 Council with respect to its duties; 

21 ‘‘(B) the unresolved problems or concerns 

22 with operations, activities, or plans; 

23 ‘‘(C) the Council operations and expendi24 tures, needs, issues, and recommendations; and 


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1 ‘‘(D) the annual independent audits re2 quired under paragraph (1). 

3 ‘‘(3) GAO REPORT.—Not later than 3 years 

4 after the date of establishment of the Council, and 

5 thereafter as necessary, the Comptroller General of 

6 the United States shall submit to the Committee on 

7 Commerce, Science, and Transportation of the Sen8 ate and the Committee on Transportation and Infra9 structure of the House of Representatives a report 

10 covering the operations and expenditures of the 

11 Council in carrying out this section, including any 

12 recommendations the Comptroller deems appro13 priate. 

14 ‘‘(o) SUITS BARRED.—Neither the Council nor any 

15 committee, program, association, or other organization 

16 created by or under the authority of this section may sue 

17 a public or private person or entity concerning any matter 

18 arising under this section other than the performance of 

19 a contract. 

20 ‘‘(p) DEFINITIONS.—In this section: 

21 ‘‘(1) COUNCIL.—The term ‘Council’ means the 

22 Gulf Coast Regional Citizens’ Advisory Council es23 tablished under subsection (a). 

24 ‘‘(2) COVERED PERSON.—The term ‘covered 

25 person’ means an owner or operator of a facility, an 


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1 owner or operator of a tank vessel, a lessee, or a 

2 permittee, as those terms are defined in this Act. 

3 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

4 agency’ means any department, agency, or other in5 strumentality of the Federal Government, any inde6 pendent agency or establishment of the Federal Gov7 ernment including any Government corporation, and 

8 the Government Publishing Office. 

9 ‘‘(4) GULF COAST STATES.—The term ‘Gulf 

10 Coast States’ means the States of Alabama, Florida, 

11 Louisiana, Mississippi, and Texas. 

12 ‘‘(5) GULF OF MEXICO.—The term ‘Gulf of 

13 Mexico’ means the territorial seas and exclusive eco14 nomic zone of the United States in the Gulf of Mex15 ico.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents in section 2 of the Oil Pollution Act of 1990 (104 

18 Stat. 484) is amended by adding at the end of the items 

19 relating to subtitle A of title IV the following: 

‘‘4119. Gulf of Mexico Regional Citizens’ Advisory Council.’’. 

20 SEC. 107. VESSEL AS RESPONSIBLE PARTY. 

21 Section 1001(32)(A) of the Oil Pollution Act of 1990 

22 (33 U.S.C. 2701(32)(A)) is amended by striking ‘‘with a 

23 single hull after December 31, 2010’’. 


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1 SEC. 108. TRANSPORTATION AND COMMERCE ASPECTS OF 

2 OUTER CONTINENTAL SHELF LANDS. 

3 (a) ENFORCEMENT.—Section 22 of the Outer Conti4 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 

5 (1) in subsection (d)(1)— 

6 (A) by inserting ‘‘, each marine casualty 

7 and accident that posed a serious threat to the 

8 safety of life and property at sea or to the ma9 rine environment,’’ after ‘‘fire’’; and 

10 (B) by inserting ‘‘, as a condition of the 

11 leases or permits’’ after ‘‘any such investiga12 tion’’; 

13 (2) in subsection (d)(2), by inserting ‘‘, as a 

14 condition of the leases or permits’’ after ‘‘any such 

15 investigation’’; 

16 (3) in subsection (e)— 

17 (A) by striking ‘‘Secretary, or, in the case 

18 of occupational safety and health,’’ and insert19 ing ‘‘Secretary or’’; and 

20 (B) by striking ‘‘Coast Guard is oper21 ating,’’ and inserting ‘‘Coast Guard is oper22 ating’’; and 

23 (4) by adding at the end of the section the fol24 lowing: 

25 ‘‘(g) INDEPENDENT INVESTIGATION OF TRANSPOR26 TATION ACCIDENTS.— 


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1 ‘‘(1) IN GENERAL.—At the request of the Sec2 retary of the department in which the Coast Guard 

3 is operating or the Secretary, the National Trans4 portation Safety Board may conduct an independent 

5 investigation of any accident, occurring in the outer 

6 Continental Shelf and involving activities under this 

7 Act, that does not otherwise fall within the definition 

8 of an accident or major marine casualty (as those 

9 terms are used in chapter 11 of title 49, United 

10 States Code). 

11 ‘‘(2) TRANSPORTATION ACCIDENT.—For pur12 poses of an investigation under this subsection, an 

13 accident that is the subject of a request under para14 graph (1) shall be treated as a transportation acci15 dent (as that term is used in chapter 11 of title 49, 

16 United States Code). 

17 ‘‘(h) INFORMATION ON CAUSES AND CORRECTIVE

18 ACTIONS.— 

19 ‘‘(1) IN GENERAL.—For each accident inves20 tigated under this section, the Secretary of the de21 partment in which the Coast Guard is operating and 

22 the Secretary shall promptly make available to the 

23 public technical information about the causes of the 

24 accident and corrective actions taken. 


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1 ‘‘(2) PUBLIC DATABASE.—All data and reports 

2 related to an accident described in paragraph (1) 

3 shall be maintained in a database that is freely 

4 available to the public. 

5 ‘‘(i) INSPECTION FEES.— 

6 ‘‘(1) IN GENERAL.—To the extent necessary to 

7 fund the carrying out of inspections and other duties 

8 under this Act of the Secretary of the department in 

9 which the Coast Guard is operating and the Sec10 retary of Commerce, upon the request of the Sec11 retary of the department in which the Coast Guard 

12 is operating and the Secretary of Commerce, the 

13 Secretary shall collect a non-refundable inspection 

14 fee, which shall be deposited in the Ocean Com15 merce, Transportation, and Navigation Enforcement 

16 Fund established under paragraph (3), from the des17 ignated operator for facilities subject to inspection 

18 under subsection (c). 

19 ‘‘(2) ESTABLISHMENT.—The Secretary shall es20 tablish, by rule, inspection fees— 

21 ‘‘(A) at an aggregate level equal to the 

22 amount necessary to offset the annual expenses 

23 incurred by the Secretary of the Department in 

24 which the Coast Guard is operating and the 

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1 tions of outer Continental Shelf facilities (in2 cluding mobile offshore drilling units), admin3 istering and enforcing safety and health regula4 tions and requirements, providing comments to 

5 and consulting with the Secretary as required 

6 under this Act; and 

7 ‘‘(B) which may vary based on differences 

8 in size and complexity among classes of facili9 ties. 

10 ‘‘(3) OCEAN COMMERCE, TRANSPORTATION, 

11 AND NAVIGATION ENFORCEMENT FUND.—There is 

12 established in the Treasury a fund, to be known as 

13 the ‘Ocean Commerce, Transportation, and Naviga14 tion Enforcement Fund’ (referred to in this sub15 section as the ‘Fund’), into which shall be deposited 

16 amounts collected by the Secretary under paragraph 

17 (1) and which shall be available as provided under 

18 paragraph (4). 

19 ‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 

20 section 3302 of title 31, United States Code, all 

21 amounts collected by the Secretary under this sec22 tion— 

23 ‘‘(A) shall be available for expenditure only 

24 for purposes of carrying out inspections of 

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1 bile offshore drilling units) and carrying out the 

2 other duties and responsibilities of the Sec3 retary of the department in which the Coast 

4 Guard is operating and the Secretary of Com5 merce under this Act; 

6 ‘‘(B) shall be available only to the extent 

7 provided for in advance in an appropriations 

8 Act; and 

9 ‘‘(C) shall remain available until expended. 

10 ‘‘(5) ANNUAL REPORTS.— 

11 ‘‘(A) IN GENERAL.—Not later than 60 

12 days after the end of each fiscal year beginning 

13 with fiscal year 2018, the Secretary shall sub14 mit to the Committee on Commerce, Science, 

15 and Transportation of the Senate and the Com16 mittees on Transportation and Infrastructure 

17 and Natural Resources of the House of Rep18 resentatives a report on the operation of the 

19 Fund during the fiscal year. 

20 ‘‘(B) CONTENT.—Each report shall in21 clude, for the fiscal year covered by the report, 

22 the following: 

23 ‘‘(i) A statement of the amounts de24 posited into the Fund. 


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1 ‘‘(ii) A description of the expenditures 

2 made from the Fund for the fiscal year, in3 cluding the purpose of the expenditures. 

4 ‘‘(iii) Recommendations for additional 

5 authorities to fulfill the purpose of the 

6 Fund. 

7 ‘‘(iv) A statement of the balance re8 maining in the Fund at the end of the fis9 cal year.’’. 

10 TITLE II—IMPROVING MARINE 

11 OIL SPILL PREPAREDNESS 

12 SEC. 201. IMPROVEMENTS TO NATIONAL OCEANIC AND AT13 MOSPHERIC ADMINISTRATION OIL SPILL RE14 SPONSE, CONTAINMENT, AND PREVENTION. 

15 (a) REVIEW OF ABILITY OF NATIONAL OCEANIC AND

16 ATMOSPHERIC ADMINISTRATION TO RESPOND TO OIL

17 SPILLS.— 

18 (1) COMPREHENSIVE REVIEW REQUIRED.—Not 

19 later than 1 year after the date of the enactment of 

20 this Act, the Under Secretary for Oceans and At21 mosphere shall conduct a comprehensive review of 

22 the current capacity of the National Oceanic and At23 mospheric Administration to respond to oil spills. 

24 (2) ELEMENTS.—The review under paragraph 

25 (1) shall include the following: 


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1 (A) A comparison of oil spill modeling re2 quirements with the state-of-the-art oil spill 

3 modeling with respect to near shore and off4 shore areas. 

5 (B) Development of recommendations on 

6 priorities for improving forecasting of oil spill, 

7 trajectories, and impacts. 

8 (C) An inventory of the products and tools 

9 of the National Oceanic and Atmospheric Ad10 ministration that can aid in assessing the po11 tential risk and impacts of oil spills. The prod12 ucts and tools may include environmental sensi13 tivity index maps, the United States Integrated 

14 Ocean Observing System, research vessels, avia15 tion-based sensors, satellites, and oil spill tra16 jectory models. 

17 (D) An identification of the baseline ocean18 ographic and climate data required to support 

19 state-of-the-art modeling. 

20 (E) An assessment of the ability of the Na21 tional Oceanic and Atmospheric Administration 

22 to respond to the effects of an oil spill on its 

23 trust resources, including— 

24 (i) marine sanctuaries, monuments, 

25 and other protected areas; and 


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1 (ii) marine mammals, fish, corals, sea 

2 turtles, and other protected species, and ef3 forts to rehabilitate these species. 

4 (3) REPORT.—Upon completion of the review, 

5 the Under Secretary shall submit to Congress a re6 port on the review, including the findings and rec7 ommendations. 

8 (b) OIL SPILL TRAJECTORY MODELING.—The Under 

9 Secretary for Oceans and Atmosphere shall be responsible 

10 for developing and maintaining oil spill trajectory mod11 eling capabilities for the United States, including taking 

12 such actions as may be required by subsections (c) 

13 through (f). 

14 (c) ENVIRONMENTAL SENSITIVITY INDEX.— 

15 (1) UPDATE.—Beginning not later than 180 

16 days after the date of enactment of this Act, and not 

17 less frequently than once every 7 years thereafter, 

18 the Under Secretary for Oceans and Atmosphere 

19 shall update the environmental sensitivity index 

20 products of the National Oceanic and Atmospheric 

21 Administration for— 

22 (A) each coastal area of the United States; 

23 (B) each offshore area of the United 

24 States that is leased or under consideration for 

25 leasing for offshore energy production; and 


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1 (C) each offshore area of the United States 

2 that is under consideration for maritime trans3 portation. 

4 (2) EXPANDED COVERAGE.—Not later than 270 

5 days after the date of enactment of this Act, the 

6 Under Secretary for Oceans and Atmosphere, to the 

7 greatest extent practicable, shall create an environ8 mental sensitivity index product for each area de9 scribed in paragraph (1) for which the National Oce10 anic and Atmospheric Administration did not have 

11 an environmental sensitivity index product on the 

12 day before the date of enactment of this Act. 

13 (3) ENVIRONMENTAL SENSITIVITY INDEX

14 PRODUCT DEFINED.—In this subsection, the term 

15 ‘‘environmental sensitivity index product’’ means a 

16 map or similar tool that is utilized to identify sen17 sitive shoreline, coastal or offshore, resources prior 

18 to an oil spill event in order to set baseline priorities 

19 for protection and plan cleanup strategies, typically 

20 including information relating to shoreline type, bio21 logical resources, and human use resources. 

22 (d) SUBSEA HYDROCARBON REVIEW.—Not later 

23 than 120 days after the date of enactment of this Act, 

24 the Under Secretary for Oceans and Atmosphere shall 

25 conduct a comprehensive review of the current state of the 


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1 National Oceanic and Atmospheric Administration to 

2 monitor, map, and track subsea hydrocarbons, including 

3 a review of the effect of subsea hydrocarbons and 

4 dispersants at varying concentrations on living marine re5 sources. 

6 (e) INITIATIVE ON OIL SPILLS FROM AGING AND

7 ABANDONED OIL INFRASTRUCTURE.—Not later than 270 

8 days after the date of enactment of this Act, the Under 

9 Secretary for Oceans and Atmosphere shall establish an 

10 initiative— 

11 (1) to determine the significance, response, fre12 quency, size, potential fate, and potential effects, in13 cluding those on sensitive habitats, of oil spills re14 sulting from aging and abandoned oil infrastructure; 

15 and 

16 (2) to formulate recommendations on how best 

17 to address the spills described in paragraph (1). 

18 (f) INVENTORY OF OFFSHORE ABANDONED OR

19 SUNKEN VESSELS.—Not later than 270 days after the 

20 date of enactment of this Act, the Under Secretary for 

21 Oceans and Atmosphere shall— 

22 (1) develop an inventory of offshore abandoned 

23 or sunken vessels in the exclusive economic zone (as 

24 established by Presidential Proclamation Numbered 


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1 5030 of March 10, 1983 (16 U.S.C. 1453 note)); 

2 and 

3 (2) identify priorities (based on amount of oil, 

4 feasibility of oil recovery, fate and effects of oil if re5 leased, and cost-benefit of preemptive action) for po6 tential preemptive removal of oil or other actions 

7 that may be effective to mitigate the risk of oil spills 

8 from offshore abandoned or sunken vessels. 

9 SEC. 202. COAST GUARD RESPONSE PLAN REQUIREMENTS. 

10 (a) IN GENERAL.—The Secretary of the department 

11 in which the Coast Guard is operating shall require all 

12 response plans approved by the Coast Guard under section 

13 311(j) of the Federal Water Pollution Control Act (33 

14 U.S.C. 1321(j)) to be updated not less than once every 

15 5 years. 

16 (b) BEST AVAILABLE TECHNOLOGY.—Each response 

17 plan update under subsection (a) shall utilize the best 

18 commercially available technology and methods to contain 

19 and remove to the maximum extent practicable a worst 

20 case discharge (including a discharge resulting from fire 

21 or explosion), and to mitigate or prevent a substantial 

22 threat of such a discharge. 

23 (c) TECHNOLOGY STANDARDS.— 

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1 tablish requirements and guidance for utilizing the 

2 best commercially available technology and methods 

3 under subsection (b). 

4 (2) REQUIREMENTS.—The best commercially 

5 available technology and methods shall be based on 

6 measurable standards and capabilities whenever 

7 practicable. 

8 (d) RESUBMISSION.—Each update under subsection 

9 (a) shall be considered a significant change requiring it 

10 to be resubmitted for approval by the Coast Guard. 

11 SEC. 203. OIL SPILL TECHNOLOGY EVALUATION. 

12 (a) IN GENERAL.—The Secretary of the department 

13 in which the Coast Guard is operating shall establish a 

14 program for the formal evaluation and validation of oil 

15 pollution containment and removal methods and tech16 nologies. 

17 (b) APPROVALS.— 

18 (1) IN GENERAL.—The program under sub19 section (a) shall include the establishment of a proc20 ess for new methods and technologies— 

21 (A) to be submitted to and evaluated by 

22 the Secretary of the department in which the 

23 Coast Guard is operating; and 

24 (B) to gain validation for use in spill re25 sponses and inclusion in response plans under 


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1 section 311(j) of the Federal Water Pollution 

2 Control Act (33 U.S.C. 1321(j)). 

3 (2) PERFORMANCE CAPABILITIES.—Following 

4 each validation under paragraph (1)(B), the Sec5 retary of the department in which the Coast Guard 

6 is operating shall consider whether the method or 

7 technology meets a performance capability war8 ranting designation of a new standard for best avail9 able technology or methods. 

10 (c) TECHNOLOGY CLEARINGHOUSE.—Each tech11 nology and method validated under subsection (b)(1)(B) 

12 shall be included in the comprehensive list of spill removal 

13 resources maintained by the Coast Guard through the Na14 tional Response Unit. 

15 (d) CONSULTATION.—The Secretary of the depart16 ment in which the Coast Guard is operating shall consult 

17 with the Secretary of the Interior, the Under Secretary 

18 for Oceans and Atmosphere, the Administrator of the En19 vironmental Protection Agency, the Secretary of Trans20 portation, and the Secretary of Energy in carrying out this 

21 section. 

22 SEC. 204. SAFETY MANAGEMENT SYSTEM REQUIREMENTS 

23 FOR MOBILE OFFSHORE DRILLING UNITS. 

24 (a) APPLICATION.—Section 3202 of title 46, United 

25 States Code, is amended— 


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1 (1) in subsection (a)(1)(B) by striking ‘‘vessel, 

2 or self-propelled mobile offshore drilling unit; and’’ 

3 and inserting ‘‘vessel; and’’; and 

4 (2) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) OTHER VESSELS.—This chapter applies to a 

7 vessel that— 

8 ‘‘(1) is a passenger vessel or small passenger 

9 vessel and is transporting more passengers than a 

10 number prescribed by the Secretary based on the 

11 number of individuals on the vessel that could be 

12 killed or injured in a marine casualty; or 

13 ‘‘(2) is a mobile offshore drilling unit.’’. 

14 (b) SAFETY MANAGEMENT SYSTEMS.—Section 3203 

15 of title 46, United States Code, is amended— 

16 (1) by redesignating subsection (b) as sub17 section (c); and 

18 (2) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 

21 safety management system described in subsection (a) for 

22 a mobile offshore drilling unit operating in waters subject 

23 to the jurisdiction of the United States, including the ex24 clusive economic zone (as established by Presidential Proc25 lamation Numbered 5030 of March 10, 1983 (16 U.S.C. 


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1 1453 note)), shall include processes, procedures, and poli2 cies related to the safe, environmentally sound operation 

3 and maintenance of all machinery and systems of the unit 

4 that are used for the commercial industrial functions and 

5 purposes of the unit.’’. 

6 SEC. 205. GULF OF MEXICO LONG-TERM MARINE ENVIRON7 MENTAL MONITORING AND RESEARCH PRO8 GRAM. 

9 (a) ENVIRONMENTAL MONITORING AND RESEARCH

10 PROGRAM REQUIRED.— 

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of enactment of this Act, and subject to the 

13 availability of appropriations or other sources of 

14 funding, the Secretary, acting through the Under 

15 Secretary for Oceans and Atmosphere, shall estab16 lish and carry out a long-term marine environmental 

17 monitoring and research program for the marine 

18 and coastal environment of the Gulf of Mexico to en19 sure that the Federal Government has independent, 

20 peer-reviewed scientific data and information to as21 sess long-term direct and indirect impacts on trust 

22 resources located in the Gulf of Mexico and South23 east region resulting from the oil spill caused by the 

24 mobile offshore drilling unit Deepwater Horizon. 


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1 (2) PERIOD OF PROGRAM.—The Secretary, act2 ing through the Under Secretary for Oceans and At3 mosphere, shall carry out the program under para4 graph (1) during the 10-year period beginning on 

5 the date of commencement of the program. The Sec6 retary may extend the period if the Secretary deter7 mines that additional monitoring and research is 

8 warranted. 

9 (b) SCOPE OF PROGRAM.—The program under sub10 section (a) shall include the following: 

11 (1) Monitoring and research of the physical, 

12 chemical, and biological characteristics of the af13 fected marine, coastal, and estuarine regions of the 

14 Gulf of Mexico and other regions of the exclusive 

15 economic zone (as established by Presidential Proc16 lamation Numbered 5030 of March 10, 1983 (16 

17 U.S.C. 1453 note)) and adjacent regions affected by 

18 the oil spill caused by the mobile offshore drilling 

19 unit Deepwater Horizon. 

20 (2) The fate, transport, and persistence of oil 

21 released during the spill and spatial distribution 

22 throughout the water column, including in-situ burn 

23 residues. 


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1 (3) The fate, transport, and persistence of 

2 chemical dispersants applied in-situ or on surface 

3 waters. 

4 (4) Identification of lethal and sub-lethal im5 pacts to shellfish, fish, and wildlife resources that 

6 utilize habitats located within the affected region. 

7 (5) Impacts to regional, State, and local econo8 mies that depend on the natural resources of the af9 fected region, including commercial and recreational 

10 fisheries, tourism, and other wildlife-dependent 

11 recreation. 

12 (6) Such other elements that the Secretary con13 siders necessary to ensure a comprehensive marine 

14 research and monitoring program to comprehend the 

15 implications to trust resources caused by the oil spill 

16 from the mobile offshore drilling unit Deepwater Ho17 rizon. 

18 (c) COOPERATION AND CONSULTATION.—In devel19 oping the research and monitoring program under sub20 section (a), the Secretary, acting through the Under Sec21 retary for Oceans and Atmosphere, shall— 

22 (1) coordinate with the United States Geologi23 cal Survey; and 

24 (2) consult with— 


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1 (A) the National Ocean Research Leader2 ship Council established under section 7902 of 

3 title 10, United States Code; 

4 (B) such representatives from the Gulf 

5 coast States and affected countries as the Sec6 retary considers appropriate; 

7 (C) such academic institutions and other 

8 research organizations as the Secretary con9 siders appropriate; and 

10 (D) such other experts with expertise in 

11 long-term environmental monitoring and re12 search of the marine environment as the Sec13 retary considers appropriate. 

14 (d) AVAILABILITY OF DATA.—Upon the review by 

15 and approval of the Attorney General regarding impacts 

16 on legal claims or litigation involving the United States, 

17 data and information generated through the program es18 tablished under subsection (a) shall be managed and 

19 archived to ensure that it is accessible and available to 

20 the general public for their use and information. 

21 (e) REPORT.—Not later than 1 year after the date 

22 of the commencement of the program under subsection 

23 (a), and biennially thereafter, the Secretary shall submit 

24 to Congress a comprehensive report— 


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1 (1) summarizing the activities and findings of 

2 the program; and 

3 (2) detailing areas and issues requiring future 

4 monitoring and research. 

5 (f) DEFINITIONS.—In this section: 

6 (1) GULF COAST STATE.—The term ‘‘Gulf coast 

7 State’’ means each of the States of Texas, Lou8 isiana, Mississippi, Alabama, and Florida. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Commerce. 

11 (3) TRUST RESOURCES.—The term ‘‘trust re12 sources’’ means the living and non-living natural re13 sources belonging to, managed by, held in trust by, 

14 appertaining to, or otherwise controlled by the 

15 United States, any State, federally recognized Indian 

16 tribe, or a local government. 

17 SEC. 206. USE OF OIL SPILL LIABILITY TRUST FUND FOR 

18 EXPENSES OF NATIONAL OCEANIC AND AT19 MOSPHERIC ADMINISTRATION. 

20 Section 1012(a)(5)(B) of the Oil Pollution Act of 

21 1990 (33 U.S.C. 2712(a)(5)(B)) is amended by striking 

22 ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’. 

23 SEC. 207. NOTICE TO STATES OF BULK OIL TRANSFERS. 

24 (a) IN GENERAL.—A State may require, by law, a 

25 person to provide notice of 24 hours or more to the State 


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1 and to the Coast Guard prior to transferring oil in bulk 

2 as cargo in an amount equivalent to 250 barrels or more 

3 to, from, or within a vessel in State waters. 

4 (b) COAST GUARD ASSISTANCE.—The Commandant 

5 of the Coast Guard may assist a State in developing ap6 propriate methodologies for joint Federal and State notifi7 cation of an oil transfer described in subsection (a) to min8 imize any potential burden to vessels. 

9 SEC. 208. COAST GUARD RESEARCH AND DEVELOPMENT. 

10 Section 1012(a)(5)(A) of the Oil Pollution Act of 

11 1990 (33 U.S.C. 2712(a)(5)(A)) is amended— 

12 (1) by striking ‘‘$25,000,000’’ and inserting 

13 ‘‘$50,000,000’’; and 

14 (2) by striking the semicolon at the end and in15 serting ‘‘, of which amount not less than 40 percent 

16 shall be used to conduct research, development, and 

17 evaluation of oil spill response and removal tech18 nologies and methods;’’. 

19 TITLE III—IMPROVING MARINE 

20 OIL SPILL RESPONSE CAPA21 BILITIES 

22 SEC. 301. PROMPT PUBLICATION OF OIL SPILL INFORMA23 TION. 

24 (a) IN GENERAL.—In any response to an oil spill in 

25 which the Commandant of the Coast Guard serves as the 


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1 Federal On-Scene Coordinator leading a Unified Com2 mand, the Commandant shall publish, on a publicly acces3 sible website, all written Incident Action Plans prepared 

4 and approved as a part of the response to such oil spill. 

5 (b) TIMELINESS AND DURATION.—The Commandant 

6 shall— 

7 (1) publish each Incident Action Plan under 

8 subsection (a) promptly after such plan is approved 

9 for implementation by the Unified Command, and in 

10 no event later than 12 hours into the operational pe11 riod for which such plan is prepared; and 

12 (2) ensure that such plan remains up-to-date 

13 and publicly accessible by website for the duration of 

14 the response to an oil spill. 

15 (c) REDACTION OF PERSONAL INFORMATION.—The 

16 Commandant may redact information from an Incident 

17 Action Plan published under subsection (a) to the extent 

18 necessary to comply with applicable privacy laws and other 

19 requirements regarding personal information. 

20 SEC. 302. COORDINATION OF FEDERAL, STATE, AND LOCAL 

21 ACTIVITIES WITH RESPECT TO OIL SPILL 

22 SURVEYS. 

23 (a) DEVELOPMENT OF NATIONAL PROTOCOLS FOR

24 OIL SPILL SURVEYS.—Not later than 270 days after the 

25 date of enactment of this Act, the Under Secretary for 


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1 Oceans and Atmosphere, in coordination with the Sec2 retary of Homeland Security, the Administrator of the En3 vironmental Protection Agency, and the heads of such de4 partments and agencies of State governments as the 

5 Under Secretary considers appropriate, shall develop 

6 standard national protocols for oil spill response and clean 

7 up assessments to promote consistent procedures for col8 lecting shoreline characterization data and to ensure that 

9 the format and resolution of such data are consistent with 

10 the needs of coastal States. Such protocols shall encour11 age, to the extent practicable, the use of electronic meth12 ods of data collection. 

13 (b) GUIDANCE AND TOOLS FOR APPLICATION OF NA14 TIONAL PROTOCOLS FOR OIL SPILL SURVEYS.—The 

15 Under Secretary for Oceans and Atmosphere shall develop 

16 guidance and tools for oil spill responders and offer in17 structional courses to ensure that the standard national 

18 protocols developed under subsection (a) are used during 

19 oil spill responses in the waters subject to the jurisdiction 

20 of the United States, including the exclusive economic 

21 zone (as established by Presidential Proclamation Num22 bered 5030 of March 10, 1983 (16 U.S.C. 1453 note)). 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS