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[Senate Report 111-242]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 502
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-242

======================================================================

 
FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION AND RESPONSE 
                              ACT OF 2010

                                _______
                                

                 August 2, 2010.--Ordered to be printed

                                _______
                                

    Ms. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3515]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 3515) to authorize and enhance the programs 
of the Department of the Interior relating to the detection of, 
response to, and mitigation and cleanup of oil spills on 
Federal land managed by the Department, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    Section 7001(a) of the Oil Pollution Act of 1990 (OPA 90) 
established the Interagency Coordinating Committee on Oil 
Pollution Research. The purpose of the Interagency Committee is 
twofold: (1) To prepare a comprehensive, coordinated Federal 
oil pollution research and development (R&D) plan; and (2) to 
promote cooperation with industry, universities, research 
institutions, state governments, and other nations through 
information sharing, coordinated planning, and joint funding of 
projects.
    The Interagency Committee was commissioned with 13 members 
and is chaired by the Coast Guard. Membership includes:
     Department of Commerce
           National Oceanic and Atmospheric 
        Administration
           National Institute of Standards and 
        Technology
     Department of Energy
     Department of Interior
           Minerals Management Service
           United States Fish and Wildlife Service
     Department of Transportation
           Maritime Administration
           Pipeline and Hazardous Materials Safety 
        Administration
     Department of Defense
           United States Army Corps of Engineers
           United States Navy
     Environmental Protection Agency
     National Aeronautics and Space Administration
     Department of Homeland Security
           United States Coast Guard
           Federal Emergency Management Agency--
        United States Fire Administration
    Section 7001(b) of OPA 90 required the Interagency 
Committee to prepare an Oil Pollution Research and Development 
Plan. The Interagency Committee prepared the original Oil 
Pollution Research and Development (R&D) Technology Plan to 
define the roles of each federal agency involved in oil spill 
research and development. The plan was submitted to Congress in 
April 1992 and later reviewed by the National Research 
Council's Committee on Oil Spill Research and Development under 
the auspices of the Marine Board. Using input from the Marine 
Board, the Committee revised the plan in May 1993 to address 
spill prevention, human factors, and the field testing/
demonstration of developed response technologies. The current 
version of the plan, still based on the Marine Board 
recommendations, is dated April 1997 and has not been updated 
since.\1\
---------------------------------------------------------------------------
    \1\Interagency Coordinating Committee on Oil Pollution Research, 
Biennial Report for Fiscal Years 2008 and 2009, dated December 2009.
---------------------------------------------------------------------------
    Pursuant to Section 7001(c) of OPA 90, the Interagency 
Committee and its member agencies implement, coordinate and 
monitor oil pollution research and development initiatives, 
including efforts with industry, universities, research 
institutions, state governments and other institutions. For 
example, the Bureau of Ocean Energy Management (formerly known 
as the Minerals Management Service or MMS) oversees the 
operation and maintenance of Ohmsett--The National Oil Spill 
Response Test Facility, located at the U.S. Naval Weapons 
Station Earle in Leonardo, NJ. Ohmsett is used to provide full 
scale oil pollution response equipment testing and to provide 
responder training. In addition, the Interagency Committee's 
most recent Biennial Report to Congress (for fiscal years 2008 
and 2009) highlights 66 ongoing and new research projects and 
50 peer-reviewed publications which involved Committee members. 
These include research on spilled oil fate and behavior 
modeling, alternative response technologies, spill toxicity and 
biological effect, and dispersant use.\2\
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    Many of the research projects and efforts authorized by OPA 
90 were completed or terminated in the early years of the 
Interagency Committee, and some research activities authorized 
in OPA 90 were never implemented. A lack of funding has 
challenged the Federal research program. The Interagency 
Committee does not receive appropriations to carry out its 
work. Instead, the participating agencies must draw on their 
individual agency budgets to fund oil spill research efforts. 
In addition, no dedicated funding source exists to ensure 
sustained investment in oil spill response research.
    Despite the continued efforts of the Interagency Committee 
since the passage of OPA 90, the recent Deepwater Horizon oil 
spill in the Gulf of Mexico highlights the need to refocus and 
reinvigorate these research efforts. Oil spill response 
technology has not made significant advances in recent decades 
and has proved inadequate to respond to the Deepwater Horizon 
Oil Spill. The existing Federal research program could be 
improved to better meet oil response needs. S. 3515 will ensure 
that these existing research efforts are appropriately targeted 
and that they address the numerous challenges highlighted by 
the disaster in the Gulf of Mexico, including exploration and 
extraction in deepwater, ultra deepwater and other extreme 
environmental conditions.
    S. 3515, as amended, would modify the existing interagency 
oil spill research program authorized in OPA 90 to make 
critical improvements to the operation and focus of the program 
and address today's most critical research needs. In 
particular, the bill would:
     Direct the Department of the Interior (Interior), 
in coordination with ongoing interagency research efforts, to 
support research on oil spill response technology related to 
drilling, including activities to prevent and respond to well 
blowouts.
     Establish a mechanism to provide independent 
scientific and technical advice, through the National Academy 
of Sciences, to the interagency oil pollution research program.
     Require the development and publication of a 
research and technology plan for the program every 2 years to 
ensure the interagency research efforts are continually re-
evaluated to focus on the most current needs.
     Establish, at appropriate higher education 
institutions, research centers of excellence focused on 
response technologies for deepwater, ultra deepwater, and other 
extreme environment oil spills.
     Establish an Oil Discharge Technology and Research 
Fund, capitalized through Federal royalties, rents, and bonuses 
derived from Federal onshore and offshore oil and gas leases, 
to ensure that this crucial research has a source of 
sustainable funding.

                     Objectives of the Legislation

    The objective of this legislation is to maintain and 
enhance the oil spill prevention and response related research 
and facilities of the Federal Government and ensure that there 
are adequate knowledge, practices, and technologies to detect, 
respond to, contain, and clean up oil spills, whether onshore 
or on the outer Continental Shelf.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 notes that this Act may be cited as the ``Federal 
Research and Technologies for Oil Spill Prevention and Response 
Act of 2010.''

Section 2. Findings and purposes

    Section 2 states that the purposes of this Act are to 
maintain and enhance the world-class oil spill prevention and 
response related research and facilities of the Federal 
Government and ensure that there are adequate knowledge, 
practices, and technologies to detect, respond to, contain, and 
clean up oil spills, whether onshore or on the outer 
Continental Shelf.

Section 3. Science and technology advice and guidance

            Summary
    Section 3 amends Section 7001(b) of OPA 90 to direct the 
National Academy of Sciences, through the establishment of a 
``Science and Technology Advisory Board'', to provide 
scientific and technical advice to the interagency oil 
pollution research program, including:
           the identification of knowledge gaps that 
        the program should address;
           the establishment of scientific and 
        technical priorities; and
           an annual review of the results and 
        effectiveness of the program, including successful 
        technology development.
            Discussion
    The establishment of the Science and Technology Advisory 
Board provides an ongoing mechanism for regular input from 
independent experts on Federal research priorities. This 
provision ensures that the Federal program can adapt to 
changing research needs and continues to address the most 
critical research priorities.

Section 4. Oil Pollution Research and Development Program

            Summary
    Section 4 amends Section 7001(c) of OPA 90 to make 
improvements to the interagency oil pollution research and 
development program.
    Subsections (a)(1) and (a)(4) establish new areas of 
research focus within the interagency program, including:
           research, development, and demonstration of 
        new or improved technologies and systems to contain, 
        respond to, and clean up a discharge of oil in extreme 
        or harsh conditions on the outer Continental Shelf;
           research to evaluate the relative 
        effectiveness and environmental impacts (including 
        human and environmental toxicity) of dispersants;
           characterization of oil and natural gas in 
        and on soil and water, including plume behavior and 
        chemical and biological degradation; and
           modeling, simulation, and prediction of the 
        trajectories of oil releases on the surface, 
        subsurface, and in the water.
    Subsection (a)(3) specifically authorizes an oil discharge 
research program within the Department of the Interior 
(Interior). The subsection directs Interior, in coordination 
with the Interagency Committee, to support research, 
development, technology demonstration, and risk assessment to 
address issues associated with the detection of, response to, 
and mitigation and cleanup of discharges of oil. Specific areas 
of focus for the program include technologies, materials, 
methods, and practices:
           to detect the release of hydrocarbons from 
        leaking exploration or production equipment;
           to characterize the rates of flow from 
        leaking exploration and production equipment in 
        locations that are remote or difficult to access;
           to protect the safety of workers addressing 
        hydrocarbon releases from exploration and production 
        equipment;
           to control or contain the release of 
        hydrocarbons from a blowout or other loss of well 
        control; and
           for environmental assessment, restoration, 
        and long-term monitoring.
    Subsection (a)(5) directs Interior, in conjunction with 
other agencies, to conduct demonstration projects in deepwater, 
ultra deepwater and other extreme environmental conditions for 
the purpose of demonstrating new integrated deepwater oil 
discharge mitigation and response systems. The mitigation and 
response systems developed and tested in these demonstration 
projects should include improved oil flow monitoring and 
calculation; improved oil discharge response capability; 
improved subsurface mitigation technologies; and improved 
capability to track and predict the flow and effects of oil 
discharges in both subsurface and surface areas for the 
purposes of making oil mitigation and response decisions.
    Subsection (a)(6) requires Interior to establish, at 
appropriate higher education institutions, at least one 
research center of excellence focused on response technologies 
for deepwater, ultra deepwater, and other extreme environment 
oil spills. This subsection also requires the Department of 
Commerce (Commerce) to establish at least one research center 
of excellence focused on oil spill response and restoration and 
directs Interior and Commerce to provide grants to their 
respective centers of excellence to fund this research. This 
subsection also authorizes any other member of the Interagency 
Committee to establish research centers of excellence that are 
necessary to carry out the Federal interagency research 
program. Finally, subsection (a)(6) directs the Secretary of 
the Interior and the Administrator of the Environmental 
Protection Agency to jointly conduct a pilot program to conduct 
field tests of new oil discharge response, mitigation, and 
cleanup technologies.
    Subsection (a)(7) requires the Interagency Committee to 
develop and publish a research and technology plan for this 
research program every two years. The plan must identify 
research needs, propose areas of research focus, establish 
program priorities, and estimate the funding needed and 
timetables for completion of research tasks under the program. 
This subsection also requires peer review of all research 
funded by the Federal program. Finally, this subsection 
establishes an Oil Discharge Technology and Research Fund, 
capitalized through Federal royalties, rents, and bonuses 
derived from Federal onshore and offshore oil and gas leases.
            Discussion
    The Deepwater Horizon oil spill highlighted the lack of 
proven technology and response equipment to respond to oil 
spills in extreme conditions, such as ultra deep water, as well 
as the need for improvements in safety, well control, oil 
capture, and spill trajectory modeling related to oil spills on 
the outer continental shelf. In addition, numerous questions 
have been raised about the effectiveness and impacts of 
chemical dispersants. The Environmental Protection Agency has 
noted the lack of available information about the impacts, 
particularly during subsurface application, of many of the 
dispersants already approved for use. Subsections (a)(1), 
(a)(3), and (a)(4) ensure that the Federal research program 
places a focus on these emerging priorities.
    Subsections (a)(5) and (a)(6) establish demonstration 
project and pilot testing programs to make certain that 
technologies identified and developed through Federal research 
programs are tested in real-world scenarios. These testing 
programs are designed to promote the dissemination of new 
technologies and improve the technologies available for use in 
future oil spill response efforts.
    The modifications in this section promote input from 
independent experts and will leverage the expertise and 
capacity of non-Federal entities. For example, requiring the 
use of research centers of excellence at institutions of higher 
education will bring additional capacity and expertise to the 
ongoing Federal research efforts. In addition, new peer review 
requirements ensure Federally-funded research benefits from 
independent review.
    Research needs are continuously evolving and new events, 
such as the Deepwater Horizon oil spill, highlight additional 
areas of focus. However, the current interagency research 
efforts are guided by a static plan. Subsection (a)(7) requires 
the development and regular update of a research and technology 
plan that will guide Federal investments in oil spill research. 
The development of this plan will help ensure the Federal 
research program continues to adapt and maintain a focus on the 
highest priority research topics.
    The Oil Discharge Technology and Research Fund established 
by this section ensures that critical oil spill mitigation and 
response research has a source of ongoing and sustainable 
funding.

                          Legislative History

    The Federal Research and Technologies for Oil Spill 
Prevention and Response Act of 2010 (S. 3515) was introduced by 
Senator Shaheen (D-NH) and co-sponsored by Senators Mark Udall 
(D-CO) and Bingaman (D-NM) on June 21, 2010. The bill was 
received, read twice, and referred to the Senate Committee on 
Environment and Public Works.
    On June 30, 2010, the Full Committee met to consider a 
number of bills including S. 3515. During this meeting, the 
Committee adopted an amendment in the nature of a substitute 
proposed by Senator Boxer that would incorporate elements of 
the research program authorized in S. 3515 into the existing 
inter-agency research program authorized under OPA 90. S. 3515 
was ordered to be reported favorably with an amendment in the 
nature of a substitute by voice vote.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 3515 on June 30, 2010. The bill was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 3515 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office has found, ``S. 3515 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.''

               Congressional Budget Office Cost Estimate

                                                     July 13, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3515, the Federal 
Research and Technologies for Oil Spill Prevention and Response 
Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 3515--Federal Research and Technologies for Oil Spill Prevention and 
        Response Act of 2010

    Summary: S. 3515 would authorize several agencies to spend, 
without further appropriation, a total of $25 million a year 
over the 2010-2020 period on a program to research and develop 
technologies to prevent, mitigate, and clean up oil spills. The 
bill also would establish a committee to advise agencies about 
research conducted under the program. CBO estimates that 
implementing the legislation would increase direct spending by 
$264 million over the 2010-2020 period and $11 million after 
2020; therefore, Pay-As-You-Go procedures would apply.\3\ 
Enacting the legislation would not affect revenues.
---------------------------------------------------------------------------
    \3\Different time periods apply for enforcing Pay-As-You-Go rules 
in the Senate. CBO estimates that enacting the bill would increase 
direct spending by $96 million over the 2010-2014 period and by $236 
million over the 2010-2019 period.
---------------------------------------------------------------------------
    S. 3515 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3515 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Budget Authority.....................................     25     25     25     25     25     25     25     25     25     25     25       150        275
Estimated Outlays....................................      0     15     25     28     28     28     28     28     28     28     28       124        264
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2010. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    S. 3515 would authorize the expenditure of some of the 
proceeds from federal oil and gas leases to fund research and 
development efforts related to oil-spill prevention, 
mitigation, and cleanup. The bill would authorize certain 
agencies to spend, without further appropriation, a total of 
$25 million a year on those activities. Based on information 
regarding similar programs, CBO estimates that implementing the 
legislation would increase direct spending by $264 million over 
the 2010-2020 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Enacting S. 3515 would increase direct spending; 
therefore, Pay-As-You-Go procedures would apply. The net 
changes in outlays that are subject to those Pay-As-You-Go 
procedures are shown in the following table.

     CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3515 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JUNE 30, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0     15     25     28     28     28     28     28     28     28     28       124        264
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 3515 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Melissa Merrell; Impact 
on the private sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *

SEC. 1001. DEFINITIONS.

  For the purposes of this Act, the term--
          (1) * * *

           *       *       *       *       *       *       *

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

  (a) Interagency Coordinating Committee on Oil Pollution 
Research.--
          (1) Establishment.--* * *

           *       *       *       *       *       *       *

          (3) Membership.--The Interagency Committee shall 
        include representatives from the Department of Commerce 
        (including the National Oceanic and Atmospheric 
        Administration and the National Institute of Standards 
        and Technology), the Department of Energy, the 
        Department of the Interior (including the Minerals 
        Management Service and the United States Fish and 
        Wildlife Service), the Department of Transportation 
        (including the United States Coast Guard, the Maritime 
        Administration, and the Pipeline and Hazardous 
        Materials Safety Administration), the Department of 
        Defense (including the Army Corps of Engineers and the 
        Navy), the Environmental Protection Agency, the 
        National Aeronautics and Space Administration, and the 
        United States Fire Administration in the Federal 
        Emergency Management Agency, as well as such other 
        Federal agencies as the President may designate.
A representative of the Department of Transportation shall 
serve as Chairman.
          (4)  Chairman.--A representative of the Coast Guard 
        shall serve as Chairman of the Interagency Committee 
        (referred to in this section as the ``Chairman''.
  (b) Oil Pollution Research and Technology Plan.--
          (1) Implementation plan.--Within 180 days after the 
        date of enactment of this Act, the Interagency 
        Committee shall submit to Congress a plan for the 
        implementation of the oil pollution research, 
        development, and demonstration program established 
        pursuant to subsection (c). The research plan shall--
                  (A) identify agency roles and 
                responsibilities;
                  (B) assess the current status of knowledge on 
                oil pollution prevention, response, and 
                mitigation technologies and effects of oil 
                pollution on the environment;
                  (C) identify significant oil pollution 
                research gaps including an assessment of major 
                technological deficiencies in responses to past 
                oil discharges;
                  (D) establish research priorities and goals 
                for oil pollution technology development 
                related to prevention, response, mitigation, 
                and environmental effects;
                  (E) estimate the resources needed to conduct 
                the oil pollution research and development 
                program established pursuant to subsection (c), 
                and timetables for completing research tasks; 
                and
                  (F) identify, in consultation with the 
                States, regional oil pollution research needs 
                and priorities for a coordinated, 
                multidisciplinary program of research at the 
                regional level.
          (2) Advice and guidance.--The Chairman, through the 
        Department of Transportation, shall contract with the 
        National Academy of Sciences to--
                  (A) provide advice and guidance in the 
                preparation and development of the research 
                plan; and
                  (B) assess the adequacy of the plan as 
                submitted, and submit a report to Congress on 
                the conclusions of such assessment.
        [The National Institute of Standards and Technology 
        shall provide the Interagency Committee with advice and 
        guidance on issues relating to quality assurance and 
        standards measurements relating to its activities under 
        this section.]
          (3) Science and technology advisory board.--
                  (A) In general.--The Chairman shall enter 
                into appropriate arrangements with the National 
                Academy of Sciences to establish an independent 
                committee, to be known as the `Science and 
                Technology Advisory Board', to provide 
                scientific and technical advice to the 
                Interagency Committee relating to research 
                carried out pursuant to the program established 
                under subsection (c), including--
                          (i) the identification of knowledge 
                        gaps that the program should address;
                          (ii) the establishment of scientific 
                        and technical priorities; and
                          (iii) an annual review of the results 
                        and effectiveness of the program, 
                        including successful technology 
                        development.
                  (B) Reports.--Reports and recommendations of 
                the Board shall promptly be made available to 
                Congress and the public.
                  (C) National institute of standards and 
                technology.--The National Institute of 
                Standards and Technology shall provide the 
                Interagency Committee with advice and guidance 
                on issues relating to quality assurance and 
                standards measurements relating to activities 
                of the Interagency Committee under this 
                section.
  (c) Oil Pollution Research and Development Program.--
          (1) Establishment.--The Interagency Committee shall 
        coordinate the establishment, by the agencies 
        represented on the Interagency Committee, of a program 
        for conducting oil pollution research and development, 
        as provided in this subsection.
          (2) Innovative oil pollution technology.--The program 
        established under this subsection shall provide for 
        research, development, and demonstration of new or 
        improved technologies which are effective in preventing 
        or mitigating oil discharges and which protect the 
        environment, including--
                  (A) development of improved designs for 
                vessels and facilities, and improved 
                operational practices;
                  (B) research, development, and demonstration 
                of improved technologies to measure the ullage 
                of a vessel tank, prevent discharges from tank 
                vents, prevent discharges during lightering and 
                bunkering operations, contain discharges on the 
                deck of a vessel, prevent discharges through 
                the use of vacuums in tanks, and otherwise 
                contain discharges of oil from vessels and 
                facilities;
                  (C) research, development, and demonstration 
                of new or improved systems of mechanical, 
                chemical, biological, and other methods 
                (including the use of dispersants, solvents, 
                [and bioremediation] bioremediation, 
                containment vessels, booms, and skimmers, 
                particularly under worst-case release 
                scenarios) for the recovery, removal, and 
                disposal of oil, including evaluation of the 
                environmental effects of the use of such 
                systems;

           *       *       *       *       *       *       *

                  (I) research to evaluate the relative 
                effectiveness and environmental impacts of 
                bioremediation technologies; [and]
                  (J) research, development, and demonstration 
                of new or improved technologies and systems to 
                contain, respond to, and clean up a discharge 
                of oil in extreme or harsh conditions on the 
                outer Continental Shelf;
                  (K) research to evaluate the relative 
                effectiveness and environmental impacts 
                (including human and environmental toxicity) of 
                dispersants;
                  [(J)] (L) the demonstration of a satellite-
                based, dependent surveillance vessel traffic 
                system in Narragansett Bay to evaluate the 
                utility of such system in reducing the risk of 
                oil discharges from vessel collisions and 
                groundings in confined waters.
          (3) Authorization of agency oil discharge research 
        and development programs.--
                  (A) In general.--The Secretary of the 
                Interior, in coordination with the program 
                established under this subsection, the 
                Interagency Committee, and such other agencies 
                as the President may designate, shall carry out 
                a program of research, development, technology 
                demonstration, and risk assessment to address 
                issues associated with the detection of, 
                response to, and mitigation and cleanup of 
                discharges of oil occurring on Federal land 
                managed by the Department of the Interior, 
                whether onshore or on the outer Continental 
                Shelf.
                  (B) Specific areas of focus.--The program 
                established under this paragraph shall provide 
                for research, development, demonstration, 
                validation, personnel training, and other 
                activities relating to new and improved 
                technologies that are effective at preventing 
                or mitigating oil discharges and that protect 
                the environment, including technologies, 
                materials, methods, and practices--
                          (i) to detect the release of 
                        hydrocarbons from leaking exploration 
                        or production equipment;
                          (ii) to characterize the rates of 
                        flow from leaking exploration and 
                        production equipment in locations that 
                        are remote or difficult to access;
                          (iii) to protect the safety of 
                        workers addressing hydrocarbon releases 
                        from exploration and production 
                        equipment;
                          (iv) to control or contain the 
                        release of hydrocarbons from a blowout 
                        or other loss of well control; and
                          (v) in coordination with the 
                        Administrator and the Secretary of 
                        Commerce, for environmental assessment, 
                        restoration, and long-term monitoring.
          [(3)] (4) Oil pollution technology evaluation.--The 
        program established under this subsection shall provide 
        for oil pollution prevention and mitigation technology 
        evaluation including--
                  (A) the evaluation and testing of 
                technologies developed independently of the 
                research and development program established 
                under this subsection;
                  (B) the establishment, where appropriate, of 
                standards and testing protocols traceable to 
                national standards to measure the performance 
                of oil pollution prevention or mitigation 
                technologies; and
                  (C) the use, where appropriate, of controlled 
                field testing to evaluate real-world 
                application of oil discharge prevention or 
                mitigation technologies.
          [(4)] (5) Oil pollution effects research.--(A) The 
        Committee shall establish a research program to monitor 
        and evaluate the environmental effects of oil 
        discharges. Such program shall include the following 
        elements:
                  (i) The development of improved models and 
                capabilities for predicting the environmental 
                fate, transport, and effects of oil 
                discharges[.], including--
                          (I) fundamental scientific 
                        characterization of the behavior of oil 
                        and natural gas in and on soil and 
                        water, including miscibility, plume 
                        behavior, emulsification, physical 
                        separation, and chemical and biological 
                        degradation;
                          (II) behavior and effects of 
                        emulsified, dispersed, and submerged 
                        oil in water; and
                          (III) modeling, simulation, and 
                        prediction of oil flows from releases 
                        and the trajectories of releases on the 
                        surface, the subsurface, and in water.
                  (ii) The development of methods, including 
                economic methods, to assess damages to natural 
                resources resulting from oil discharges.
                  (iii) The identification of types of 
                ecologically sensitive areas at particular risk 
                to oil discharges and the preparation of 
                scientific monitoring and evaluation plans, one 
                for each of several types of ecological 
                conditions, to be implemented in the event of 
                major oil discharges in such areas.
                  (iv) The collection of environmental baseline 
                data in ecologically sensitive areas at 
                particular risk to oil discharges where such 
                data are insufficient.
          (B) The Department of Commerce in consultation with 
        the Environmental Protection Agency shall monitor and 
        scientifically evaluate the long-term environmental 
        effects of oil discharges if--
                  (i) the amount of oil discharged exceeds 
                250,000 gallons;
                  (ii) the oil discharge has occurred on or 
                after January 1, 1989; and
                  (iii) the Interagency Committee determines 
                that a study of the long-term environmental 
                effects of the discharge would be of 
                significant scientific value, especially for 
                preventing or responding to future oil 
                discharges.
        Areas for study may include the following sites where 
        oil discharges have occurred: the New York/New Jersey 
        Harbor area, where oil was discharged by an Exxon 
        underwater pipeline, the T/B CIBRO SAVANNAH, and the M/
        V BT NAUTILUS; Narragansett Bay where oil was 
        discharged by the WORLD PRODIGY; the Houston Ship 
        Channel where oil was discharged by the RACHEL B; the 
        Delaware River, where oil was discharged by the 
        PRESIDENTE RIVERA, and Huntington Beach, California, 
        where oil was discharged by the AMERICAN TRADER.
          (C) Research conducted under this paragraph by, or 
        through, the United States Fish and Wildlife Service 
        shall be directed and coordinated by the National 
        Wetland Research Center.
          [(5)] (6) Marine simulation research.--The program 
        established under this subsection shall include 
        research on the greater use and application of 
        geographic and vessel response simulation models, 
        including the development of additional data bases and 
        updating of existing data bases using, among others, 
        the resources of the National Maritime Research Center. 
        It shall include research and vessel simulations for--
                  (A) contingency plan evaluation and 
                amendment;
                  (B) removal and strike team training;
                  (C) tank vessel personnel training; and
                  (D) those geographic areas where there is a 
                significant likelihood of a major oil 
                discharge.
          [(6)] (7) Demonstration projects.--[The United States 
        Coast Guard]
                  (A) In general.--The United States Coast 
                Guard, in conjunction with other such agencies 
                in the Department of Transportation as the 
                Secretary of Transportation may designate, 
                shall conduct 4\1\ port oil pollution 
                minimization demonstration projects, one each 
                with [(A)] (i) the Port Authority of New York 
                and New Jersey, [(B)] (ii) the Ports of Los 
                Angeles and Long Beach, California,\1\ [(C)] 
                (iii) the Port of New Orleans, Louisiana, and 
                [(D)] (iv) a port on the Great Lakes\1\ for the 
                purpose of developing and demonstrating 
                integrated port oil pollution prevention and 
                cleanup systems which utilize the information 
                and implement the improved practices and 
                technologies developed from the research, 
                development, and demonstration program 
                established in this section. Such systems shall 
                utilize improved technologies and management 
                practices for reducing the risk of oil 
                discharges, including, as appropriate, improved 
                data access, computerized tracking of oil 
                shipments, improved vessel tracking and 
                navigation systems, advanced technology to 
                monitor pipeline and tank conditions, improved 
                oil spill response capability, improved 
                capability to predict the flow and effects of 
                oil discharges in both the inner and outer 
                harbor areas for the purposes of making 
                infrastructure decisions, and such other 
                activities necessary to achieve the purposes of 
                this section.
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    \1\Section 2002(1) of P.L. 101-537 and section 4002(1) of P.L. 101-
646 made almost identical amendments to section 7001(c)(6). The 
amendments made by P.L. 101-537 have been executed.
---------------------------------------------------------------------------
                  (B) Extreme environmental condition 
                demonstration projects.--
                          (i) In general.--The Secretary of the 
                        Interior, in conjunction with the heads 
                        of such other agencies as the President 
                        may designate, shall conduct deepwater, 
                        ultra deepwater, and other extreme 
                        environment oil discharge response 
                        demonstration projects for the purpose 
                        of developing and demonstrating new 
                        integrated deepwater oil discharge 
                        mitigation and response systems that 
                        use the information and implement the 
                        improved practices and technologies 
                        developed through the program under 
                        this subsection.
                          (ii) Requirements.--The mitigation 
                        and response systems developed under 
                        clause (i) shall use technologies and 
                        management practices for improving the 
                        response capabilities to deepwater oil 
                        discharges, including--
                                  (I) improved oil flow 
                                monitoring and calculation;
                                  (II) improved oil discharge 
                                response capability;
                                  (III) improved subsurface 
                                mitigation technologies;
                                  (IV) improved capability to 
                                track and predict the flow and 
                                effects of oil discharges in 
                                both subsurface and surface 
                                areas for the purposes of 
                                making oil mitigation and 
                                response decisions; and
                                  (V) any other activities 
                                necessary to achieve the 
                                purposes of the program.
          [(7)] (8) Simulated environmental testing.--Agencies 
        represented on the Interagency Committee shall ensure 
        the long-term use and operation of the Oil and 
        Hazardous Materials Simulated Environmental Test Tank 
        (OHMSETT) Research Center in New Jersey for oil 
        pollution technology testing and evaluations.
          (9) Research centers of excellence.--
                  (A) Response technologies for deepwater, 
                ultra deepwater, and other extreme environment 
                oil discharges.--
                          (i) Establishment.--The Secretary of 
                        the Interior shall establish at 1 or 
                        more institutions of higher education a 
                        research center of excellence for the 
                        research, development, and 
                        demonstration of technologies necessary 
                        to respond to, contain, mitigate, and 
                        clean up deepwater, ultra deepwater, 
                        and other extreme-environment 
                        discharges of oil.
                          (ii) Grants.--The Secretary shall 
                        provide grants to the research center 
                        of excellence established under clause 
                        (i) to conduct and oversee basic and 
                        applied research in the technologies 
                        described in that clause.
                  (B) Oil discharge response and restoration.--
                          (i) Establishment.--The 
                        Undersecretary of Commerce for Oceans 
                        and Atmosphere, in coordination with 
                        the Administrator and the Secretary of 
                        the Interior, shall establish at 1 or 
                        more institutions of higher education a 
                        research center of excellence for 
                        research and innovation in the fate of, 
                        behavior and effects of, and damage 
                        assessment and restoration relating to 
                        discharges of oil.
                          (ii) Grants.--The Undersecretary of 
                        Commerce for Oceans and Atmosphere 
                        shall provide grants to the research 
                        center of excellence established under 
                        clause (i) to conduct and oversee basic 
                        and applied research in the areas 
                        described in that clause.
                  (C) Other research centers of excellence.--
                Any agency that is a member of the Interagency 
                Committee may establish such other research 
                centers of excellence as the agency determines 
                to be necessary for the research, development, 
                and demonstration of technologies necessary to 
                carry out the program established under this 
                subsection.
          (10) Pilot program.--
                  (A) In general.--The Secretary of the 
                Interior and the Administrator shall jointly 
                conduct a pilot program to conduct field tests, 
                in the waters of the United States, of new oil 
                discharge response, mitigation, and cleanup 
                technologies developed under the program 
                established under this subsection.
                  (B) Results.--The results of the field tests 
                conducted under subparagraph (A) shall be 
                used--
                          (i) to refine oil discharge 
                        technology research and development; 
                        and
                          (ii) to assist the Secretary of the 
                        Interior and the Administrator in the 
                        development of safety and environmental 
                        regulations under this Act and other 
                        applicable laws.
          [(8)] (11) Regional research program.--(A) Consistent 
        with the research plan in subsection (b), the 
        Interagency Committee shall coordinate a program of 
        competitive grants to universities or other research 
        institutions, or groups of universities or research 
        institutions, for the purposes of conducting a 
        coordinated research program related to the regional 
        aspects of oil pollution, such as prevention, removal, 
        mitigation, and the effects of discharged oil on 
        regional environments. For the purposes of this 
        paragraph, a region means a Coast Guard district as set 
        out in part 3 of title 33, Code of Federal Regulations 
        (1989).
          (B) The Interagency Committee shall coordinate the 
        publication by the agencies represented on the 
        Interagency Committee of a solicitation for grants 
        under this subsection. The application shall be in such 
        form and contain such information as may be required in 
        the published solicitation. The applications shall be 
        reviewed by the Interagency Committee, which shall make 
        recommendations to the appropriate granting agency 
        represented on the Interagency Committee for awarding 
        the grant. The granting agency shall award the grants 
        recommended by the Interagency Committee unless the 
        agency decides not to award the grant due to budgetary 
        or other compelling considerations and publishes its 
        reasons for such a determination in the Federal 
        Register. No grants may be made by any agency from any 
        funds authorized for this paragraph unless such grant 
        award has first been recommended by the Interagency 
        Committee.
          (C) Any university or other research institution, or 
        group of universities or research institutions, may 
        apply for a grant for the regional research program 
        established by this paragraph. The applicant must be 
        located in the region, or in a State a part of which is 
        in the region, for which the project is proposed as 
        part of the regional research program. With respect to 
        a group application, the entity or entities which will 
        carry out the substantial portion of the proposed 
        research must be located in the region, or in a State a 
        part of which is in the region, for which the project 
        is proposed as part of the regional research program.
          (D) The Interagency Committee shall make 
        recommendations on grants in such a manner as to ensure 
        an appropriate balance within a region among the 
        various aspects of oil pollution research, including 
        prevention, removal, mitigation, and the effects of 
        discharged oil on regional environments. In addition, 
        the Interagency Committee shall make recommendations 
        for grants based on the following criteria:
                  (i) There is available to the applicant for 
                carrying out this paragraph demonstrated 
                research resources.
                  (ii) The applicant demonstrates the 
                capability of making a significant contribution 
                to regional research needs.
                  (iii) The projects which the applicant 
                proposes to carry out under the grant are 
                consistent with the research plan under 
                subsection (b)(1)(F) and would further the 
                objectives of the research and development 
                program established in this section.
          (E) Grants provided under this paragraph shall be for 
        a period up to 3 years, subject to annual review by the 
        granting agency, and provide not more than 80 percent 
        of the costs of the research activities carried out in 
        connection with the grant.
          (F) No funds made available to carry out this 
        subsection may be used for the acquisition of real 
        property (including buildings) or construction of any 
        building.
          (G) Nothing in this paragraph is intended to alter or 
        abridge the authority under existing law of any Federal 
        agency to make grants, or enter into contracts or 
        cooperative agreements, using funds other than those 
        authorized in this Act for the purposes of carrying out 
        this paragraph.
          [(9)] (12) Funding.--For each of the fiscal years 
        1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts 
        in the Fund shall be available to carry out the 
        regional research program in [paragraph (8)] paragraph 
        (11), such amounts to be available in equal amounts for 
        the regional research program in each region; except 
        that if the agencies represented on the Interagency 
        Committee determine that regional research needs exist 
        which cannot be addressed within such funding limits, 
        such agencies may use their authority under [paragraph 
        (10)] paragraph (13) to make additional grants to meet 
        such needs. For the purposes of this paragraph, the 
        research program carried out by the Prince William 
        Sound Oil Spill Recovery Institute established under 
        section 5001, shall not be eligible to receive grants 
        under this paragraph until the authorization for 
        funding under section 5006(b) expires.
          [(10)] (13) Grants.--In carrying out the research and 
        development program established under this subsection, 
        the agencies represented on the Interagency Committee 
        may enter into contracts and cooperative agreements and 
        make grants to universities, research institutions, and 
        other persons. Such contracts, cooperative agreements, 
        and grants shall address research and technology 
        priorities set forth in the oil pollution research plan 
        under subsection (b).
          [(11)] (14) In carrying out research under this 
        section, the Department of Transportation shall 
        continue to utilize the resources of the Pipeline and 
        Hazardous Materials Safety Administration of the 
        Department of Transportation, to the maximum extent 
        practicable.
          (15) Research and technology plan.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this paragraph, and 
                every 2 years thereafter, the Chairman, in 
                consultation with the Board, shall develop and 
                publish a research and technology plan for the 
                program established under this subsection.
                  (B) Contents.--The plan under this paragraph 
                shall--
                          (i) identify research needs and 
                        opportunities;
                          (ii) propose areas of focus for the 
                        program;
                          (iii) establish program priorities, 
                        including priorities for demonstration 
                        projects under paragraph (7), the 
                        research centers of excellence under 
                        paragraph (9), and research funding 
                        provided under paragraphs (11) and 
                        (12); and
                          (iv) estimate--
                                  (I) the extent of resources 
                                needed to conduct the program; 
                                and
                                  (II) timetables for 
                                completing research tasks under 
                                the program.
                  (C) Publication.--The Chairman shall timely 
                publish--
                          (i) the plan under this paragraph; 
                        and
                          (ii) a review of the plan by the 
                        Board.
          (16) Peer review of proposals and research.--
                  (A) In general.--Any provision of funds under 
                the program established under this subsection 
                shall be made only after the agency providing 
                the funding has carried out an impartial peer 
                review of the scientific and technical merit of 
                the proposals for the funding.
                  (B) Requirements.--The agency providing 
                funding shall ensure that any research 
                conducted under the program shall be peer-
                reviewed, transparent, and made available to 
                the public.
          (17) Oil discharge technology and research fund.--
                  (A) Establishment.--There is established in 
                the Treasury of the United States a revolving 
                fund, to be known as the `Oil Spill Technology 
                and Research Fund' (referred to in this 
                paragraph as the `Fund'), consisting of such 
                amounts as are transferred to the Fund under 
                subparagraph (B), to be administered by the 
                Chairman, to be available without fiscal year 
                limitation and not subject to appropriation, to 
                carry out the program established under this 
                subsection.
                  (B) Transfers to fund.--From any Federal 
                royalties, rents, and bonuses derived from 
                Federal onshore and offshore oil and gas leases 
                issued the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331 et seq.) or the Mineral Leasing 
                Act (30 U.S.C. 181 et seq.) that are deposited 
                in the Treasury, and after distribution of any 
                funds described in subparagraph (C), there 
                shall be transferred to the Fund $25,000,000 
                for each of fiscal years 2010 through 2020, to 
                remain available until expended.
                  (C) Prior distributions.--The distributions 
                referred to in subparagraph (B) are those 
                required by law--
                          (i) to States and to the Reclamation 
                        Fund under section 35(a) of the Mineral 
                        Leasing Act (30 U.S.C. 191(a)); and
                          (ii) to other funds receiving amounts 
                        from Federal oil and gas leasing 
                        programs, including--
                                  (I) any recipients pursuant 
                                to section 8(g) of the Outer 
                                Continental Shelf Lands Act (43 
                                U.S.C. 1337(g));
                                  (II) the land and water 
                                conservation fund, pursuant to 
                                section 2(c) of the Land and 
                                Water Conservation Fund Act of 
                                1965 (16 U.S.C. 460l-5(c));
                                  (III) the Historic 
                                Preservation Fund, pursuant to 
                                section 108 of the National 
                                Historic Preservation Act (16 
                                U.S.C. 470h); and
                                  (IV) the coastal impact 
                                assistance program established 
                                under section 31 of the Outer 
                                Continental Shelf Lands Act (43 
                                U.S.C. 1356a).
                  (D) Prohibition.--Amounts in the Fund may not 
                be made available for any purpose other than a 
                purpose described in subparagraph (A).
                  (E) Annual reports.--
                          (i) In general.--Not later than 60 
                        days after the end of each fiscal year 
                        beginning with fiscal year 2010, the 
                        Chairman shall submit to the Committees 
                        on Appropriations, Energy and Natural 
                        Resources, and Environment and Public 
                        Works of the Senate and the Committees 
                        on Appropriations, Natural Resources, 
                        and Transportation and Infrastructure 
                        of the House of Representatives a 
                        report on the operation of the Fund 
                        during the fiscal year.
                          (ii) Contents.--Each report shall 
                        include, for the fiscal year covered by 
                        the report, the following:
                                  (I) A statement of the 
                                amounts deposited in the Fund.
                                  (II) A description of the 
                                expenditures made from the Fund 
                                for the fiscal year, including 
                                the purpose of the 
                                expenditures.
                                  (III) Recommendations for 
                                additional authorities to 
                                fulfill the purpose of the 
                                Fund.
                                  (IV) A statement of the 
                                balance remaining in the Fund 
                                at the end of the fiscal year.
           * * * * * * *
  (f) Funding.--Not to exceed $22,000,000\1\ of amounts in the 
Fund shall be available annually to carry out this section 
except for subsection [(c)(8)] (c)(11). Of such sums--
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    \1\Section 2002(2) of P.L. 101-537 and section 4002(2) of P.L. 101-
646 made almost identical amendments to section 7001(f). The amendments 
made by P.L. 101-537 have been executed.
---------------------------------------------------------------------------
          (1) funds authorized to be appropriated to carry out 
        the activities under subsection [(c)(4)] (c)(5) shall 
        not exceed $5,000,000 for fiscal year 1991 or 
        $3,500,000 for any subsequent fiscal year; and
          (2) not less than $3,000,000\1\ shall be available 
        for carrying out the activities in subsection [(c)(6)] 
        (c)(7) for fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection 
[(c)(8)] (c)(11), are subject to appropriations.
           * * * * * * *

                                  
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