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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 203

  To direct the Administrator of the National Oceanic and Atmospheric 
  Administration to institute research into the special circumstances 
  associated with oil spill prevention and response in Arctic waters, 
  including assessment of impacts on Arctic marine mammals and other 
wildlife, marine debris research and removal, and risk assessment, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2011

  Mr. Begich introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To direct the Administrator of the National Oceanic and Atmospheric 
  Administration to institute research into the special circumstances 
  associated with oil spill prevention and response in Arctic waters, 
  including assessment of impacts on Arctic marine mammals and other 
wildlife, marine debris research and removal, and risk assessment, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Arctic Energy 
Development Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Alaska is the only Arctic State in the United States;
            (2) Alaska contributes 17 percent of the oil production of 
        the United States, and the Arctic region of the State of Alaska 
        is believed to hold considerable reserves of oil and natural 
        gas needed for the future energy security of the United States;
            (3) the marine mammals and other fish and wildlife 
        resources of the Arctic are--
                    (A) critical to meet the subsistence needs of 
                indigenous residents of Alaska;
                    (B) a source of significant nonconsumptive use and 
                nonuse value to the United States; and
                    (C) vulnerable to the impacts of oil and gas 
                exploration and production;
            (4) the Arctic and the natural resources of the Arctic are 
        particularly vulnerable to the impacts of oil spills due to the 
        uniqueness of and limited access to the region, including--
                    (A) remote location that makes oil spill emergency 
                response capabilities slower and more difficult;
                    (B) cold temperatures and ice cover that slow the 
                natural degradation and dissipation of spilled oil; and
                    (C) increased susceptibility of Arctic wildlife 
                that are highly dependent on insulation, which would be 
                greatly decreased by oil cover;
            (5) Alaska lacks the essential geospatial framework for 
        safe navigation, accident prevention, and oil spill response 
        capabilities that are available to the rest of the United 
        States;
            (6) existing Federal research and science advisory programs 
        focused on the environmental and socioeconomic impacts of oil 
        and gas development in the Arctic would benefit from--
                    (A) a more cohesive, coordinated, and integrated 
                approach; and
                    (B) better coordination with State, local, and 
                private-sector Arctic research programs; and
            (7) oil spill from the mobile offshore drilling unit 
        Deepwater Horizon in the Gulf of Mexico has highlighted the 
        need for stronger oil spill prevention and response research 
        and planning for future development on the outer Continental 
        Shelf of the United States.

SEC. 3. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

    (a) In General.--The Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration 
and in collaboration with the heads of other agencies or departments of 
the United States with appropriate Arctic science expertise, shall 
direct research and take action to improve the ability of the United 
States to conduct oil spill prevention, response, and recovery in 
Arctic waters.
    (b) Inclusions.--Research and action under this section shall 
include the prioritization of resources--
            (1) to address--
                    (A) ecological baselines and environmental 
                sensitivity indexes;
                    (B) identification of ecological important areas, 
                critical habitats, and migratory behaviors;
                    (C) the development of oil spill trajectory models 
                in Arctic marine conditions;
                    (D) the collection of observational data essential 
                for response strategies in the event of an oil spill 
                during both open water and ice-covered seasons, 
                including data relating to oil spill trajectory models 
                that include data on--
                            (i) currents;
                            (ii) winds;
                            (iii) weather;
                            (iv) waves; and
                            (v) ice forecasting;
                    (E) the development of a robust operational 
                monitoring program during the open water and ice-
                covered seasons;
                    (F) improvements in technologies and understanding 
                of cold water oil recovery and restoration; and
                    (G) the integration of local and traditional 
                knowledge into oil recovery research studies; and
            (2) to establish a robust geospatial framework for safe 
        navigation and oil spill response through increased--
                    (A) hydrographic and bathymetric surveying, 
                mapping, and navigational charting;
                    (B) geodetic positioning; and
                    (C) monitoring of tides, sea levels, and currents 
                in the Arctic.

SEC. 4. ARCTIC OIL AND GAS DEVELOPMENT.

    (a) In General.--Title VI of the Oil Pollution Act of 1990 is 
amended by inserting after section 6002 (33 U.S.C. 2752) the following:

``SEC. 6003. ARCTIC OIL AND GAS DEVELOPMENT.

    ``The Administrator of the National Oceanic and Atmospheric 
Administration and the Commandant of the Coast Guard, in consultation 
with the Secretary of the Department of Interior when applicable, shall 
use amounts made available under the Responsible Arctic Energy 
Development Act of 2011 to carry out research and related activities in 
advance of energy exploration and production and related activities in 
the Arctic, including--
            ``(1) research into oil spill prevention and response in 
        varying Arctic ice conditions (including pack ice, broken ice, 
        and landfast ice);
            ``(2) establishment of oil spill response capabilities in 
        the Arctic, including oiled wildlife response capabilities;
            ``(3) research into the effectiveness of oil spill response 
        strategies, such as--
                    ``(A) the use and application of dispersants 
                (including research on toxicity of dispersants) in 
                Arctic conditions;
                    ``(B) the impacts of dispersed oil in the water 
                column and benthic habitats and sediments;
                    ``(C) the black carbon impacts of in-situ burning;
                    ``(D) the effects of mechanical oil removal methods 
                on benthic habitats;
                    ``(E) the impacts of spill response strategies on 
                the Arctic food web;
                    ``(F) identification of options for restoration of 
                natural resources in the event of an Arctic oil spill, 
                including development of oiled wildlife response 
                strategies for large mammals;
                    ``(G) scientific assessment of and research into 
                effects of oil on biota that depend on ice habitats;
                    ``(H) the locating and tracking of oil on the 
                surface and in the water column, under Arctic 
                conditions, using acoustic and remote sensing 
                technology; and
                    ``(I) the weathering and persistence of spilled oil 
                in the Arctic environment;
            ``(4) a comprehensive scientific gap analysis to determine 
        future research and ocean observation needs for the safe and 
        responsible development of Arctic energy;
            ``(5) scientific assessment of and research into Arctic 
        species, such as whales, ice seals, walrus, polar bears, and 
        fishery resources, including the economic and social importance 
        of those resources and the documentation of local and 
        traditional knowledge about those species;
            ``(6) monitoring and research authorized under existing 
        Alaska Native organization marine mammal comanagement 
        agreements;
            ``(7) Environmental Sensitivity Index or digital database 
        mapping of the Arctic coast and Bering Strait regions;
            ``(8) research into Arctic ocean current and wind 
        trajectories, changing ice pack conditions, and ongoing 
        monitoring and observing of ocean conditions;
            ``(9) marine debris research and removal projects and 
        activities; and
            ``(10) adherence to data management standards established 
        by the Integrated Ocean Observing System for ocean data 
        variables.''.
    (b) Conforming Amendment.--The table of contents of the Oil 
Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by striking the 
item relating to section 6003 and inserting the following:

``Sec. 6003. Arctic oil and gas development.''.

SEC. 5. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

    (a) In General.--The Commandant of the Coast Guard shall assess and 
take action to reduce the risk and improve the capability of the United 
States to respond to a maritime disaster in the United States Beaufort 
and Chukchi Seas.
    (b) Matters To Be Addressed.--The assessment and actions referred 
to in subsection (a) shall include the prioritization of resources to 
address--
            (1) oil spill prevention and response capabilities and 
        infrastructure;
            (2) the coordination of contingency plans and agreements 
        with other agencies and departments of the United States, 
        industry, and foreign governments to respond to an Arctic oil 
        spill;
            (3) the expansion of search and rescue capabilities, 
        infrastructure, and logistics, including improvements of the 
        Search and Rescue Optimal Planning System;
            (4) the provisional designation of places of refuge;
            (5) the evaluation and enhancement of navigational 
        infrastructure;
            (6) the evaluation and enhancement of vessel monitoring, 
        tracking, and automated identification systems and navigational 
        aids and communications infrastructure for safe navigation and 
        marine accident prevention in the Arctic;
            (7) shipping traffic risk assessments for the Bering Strait 
        and the Chukchi and Beaufort Seas; and
            (8) the integration of local and traditional knowledge and 
        concerns into prevention and response strategies.

SEC. 6. FEDERAL OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Interagency Coordinating Committee on Oil Pollution Research.--
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is 
amended--
            (1) in subsection (a), by adding at the end the following:
            ``(5) Vice chairmen.--
                    ``(A) In general.--There shall be 2 Vice Chairmen 
                of the Interagency Committee, of whom--
                            ``(i) the Administrator of the National 
                        Oceanic and Atmospheric Administration shall 
                        serve as the Vice Chairman for Marine Science 
                        Research; and
                            ``(ii) the Administrator of the 
                        Environmental Protection Agency shall serve as 
                        the Vice Chairman for Environmental Science 
                        Research.
                    ``(B) Duties.--Each Vice Chairman shall coordinate 
                Federal oil pollution research carried out by the 
                agency overseen by the Vice Chairman.
            ``(6) Functions.--The Interagency Committee shall--
                    ``(A) coordinate Federal oil pollution research, 
                technology development, and demonstration among the 
                Federal agencies;
                    ``(B) complete a research assessment on the status 
                of Federal oil pollution prevention and response 
                capabilities;
                    ``(C) develop a Federal oil pollution research and 
                technology plan, pursuant to subsection (b); and
                    ``(D) with regard to Arctic waters--
                            ``(i) prioritize resources to address--
                                    ``(I) ecological baselines and 
                                Environmental Sensitivity Indexes;
                                    ``(II) identification of 
                                ecologically important areas, critical 
                                habitats, and migratory behaviors;
                                    ``(III) improvements in oil 
                                technologies for collecting 
                                observational data essential for safe 
                                navigation and response strategies in 
                                the event of an oil spill in both open 
                                water and ice-covered seasons, 
                                including data relating to--
                                            ``(aa) currents;
                                            ``(bb) winds;
                                            ``(cc) weather;
                                            ``(dd) waves;
                                            ``(ee) oil spill 
                                        monitoring; and
                                            ``(ff) ice forecasting;
                                    ``(IV) development of a robust 
                                operational monitoring program during 
                                the open water and ice-covered seasons;
                                    ``(V) improvements in technologies 
                                and understanding of cold water oil 
                                recovery and restoration; and
                                    ``(VI) the integration of local and 
                                traditional knowledge into oil recovery 
                                research studies; and
                            ``(ii) conduct hydrographic and bathymetric 
                        surveys and improve navigational charting of 
                        Arctic waters.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``Within 180 days 
                after the date of enactment of this Act'' and inserting 
                ``Not later than January 1, 2010, and biennially 
                thereafter''; and
                    (B) in paragraph (2), by striking ``Department of 
                Transportation'' and inserting ``Department of Homeland 
                Security''.

SEC. 7. RISK ASSESSMENT.

    (a) Requirement for Risk Assessment.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Interagency Coordinating 
        Committee on Oil Pollution Research shall request the National 
        Research Council to conduct a risk assessment--
                    (A) to identify and evaluate spill prevention and 
                response standards in effect as of that date; and
                    (B) to develop recommendations that will enhance 
                safety and lessen the potential adverse environmental 
                impacts of industrial activities in Arctic waters.
            (2) Inclusions.--The assessment under subsection (a) shall 
        include the recommendations of the National Research Council to 
        identify a comprehensive suite of measures, based on the best 
        available technology, designed to prevent and respond to oil 
        spills in the Arctic.
    (b) Submission to Committee, Congress.--The National Research 
Council shall concurrently submit the risk assessment described in 
subsection (a) to--
            (1) the Interagency Coordinating Committee on Oil Pollution 
        Research;
            (2) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (3) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

SEC. 8. EXEMPTION OF OIL POLLUTION RESEARCH AND DEVELOPMENT PROJECTS 
              FROM ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

    (a) In General.--Notwithstanding any other provision of law, 
testing of oil spill prevention, response, or mitigation technology for 
use in Arctic waters shall not constitute a major Federal action for 
the purposes of section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)), on the condition that the Secretary 
of Homeland Security, the Administrator of the Environmental Protection 
Agency, and the Secretary of Commerce unanimously find that--
            (1) the testing is necessary to advance that technology;
            (2) no reasonable alternative to the testing is available; 
        and
            (3) the testing does not represent a serious threat to the 
        environment.
    (b) Judicial Review.--Any action of Federal officers pursuant to 
this section, or any action relating to such an action, shall not be 
subject to judicial review.

SEC. 9. PROCUREMENT OF RESPONSE MATERIALS.

    (a) In General.--The procurement of an item for the purpose of oil 
pollution prevention, mitigation, response, or cleanup, or for the 
research, testing, or development of such capacity, shall be 
considered, regardless of the origin of the item, to be consistent with 
the public interest.
    (b) Inapplicability of Certain Provisions.--Any provision of law 
that would otherwise prohibit or restrict the procurement of, or the 
expenditure of funds for the procurement of, an item under subsection 
(a) shall not apply to the procurement of the item.

SEC. 10. WAIVER OF RESTRICTIONS ON WATER TESTING OF OIL SPILL RESPONSE 
              CAPABILITIES.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency, in consultation with the 
Administrator of the National Oceanic and Atmospheric Administration, 
the Secretary of the Interior, and other appropriate Federal, State, 
and local authorities, may waive any restriction under this Act, an 
amendment made by this Act, or any other provision of law that prevents 
or restricts the testing, in the navigable waters or in any other area 
under the jurisdiction of the United States, of oil spill response 
capabilities of the United States.

SEC. 11. FUNDING FOR RESCUE, REHABILITATION, AND RECOVERY OF MARINE 
              SPECIES.

    Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is 
amended by adding at the end the following:
    ``(e) Rescue, Rehabilitation, and Recovery of Marine Species.--
Amounts in the Fund shall be available to the Administrator of the 
National Oceanic and Atmospheric Administration, without further 
appropriation or fiscal year limitation, to sustain nationwide rescue, 
rehabilitation, and recovery capabilities for marine mammals, marine 
birds, and sea turtles injured by oil pollution, in an amount not to 
exceed $20,000,000 annually.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act and 
the amendments made by this Act such sums as are necessary.
                                 <all>
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