PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 557

Public Law 104–58

104th Congress

An Act

To authorize and direct the Secretary of Energy to sell the Alaska Power Administration, and to authorize the export of Alaska North Slope crude oil, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Alaska Power Administration

Asset Sale and Termination Act’’.

SEC. 102. DEFINITIONS.

For purposes of this title:

(1) The term ‘‘Eklutna’’ means the Eklutna Hydroelectric

Project and related assets as described in section 4 and Exhibit

A of the Eklutna Purchase Agreement.

(2) The term ‘‘Eklutna Purchase Agreement’’ means the

August 2, 1989, Eklutna Purchase Agreement between the

Alaska Power Administration of the Department of Energy

and the Eklutna Purchasers, together with any amendments

thereto adopted before the enactment of this section.

(3) The term ‘‘Eklutna Purchasers’’ means the Municipality

of Anchorage doing business as Municipal Light and Power,

the Chugach Electric Association, Inc. and the Matanuska Electric Association, Inc.

(4) The term ‘‘Snettisham’’ means the Snettisham Hydroelectric Project and related assets as described in section 4

and Exhibit A of the Snettisham Purchase Agreement.

(5) The term ‘‘Snettisham Purchase Agreement’’ means the

February 10, 1989, Snettisham Purchase Agreement between

the Alaska Power Administration of the Department of Energy

and the Alaska Power Authority and its successors in interest,

together with any amendments thereto adopted before the

enactment of this section.

(6) The term ‘‘Snettisham Purchaser’’ means the Alaska

Industrial Development and Export Authority or a successor

State agency or authority.

Alaska Power

Administration

Asset Sale and

Termination Act.

42 USC 7152

note.

Nov. 28, 1995

[S. 395]
109 STAT. 558 PUBLIC LAW 104–58—NOV. 28, 1995

SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC

PROJECTS.

(a) SALE OF EKLUTNA.—The Secretary of Energy is authorized

and directed to sell Eklutna to the Eklutna Purchasers in accordance with the terms of this Act and the Eklutna Purchase Agreement.

(b) SALE OF SNETTISHAM.—The Secretary of Energy is authorized and directed to sell Snettisham to the Snettisham Purchaser

in accordance with the terms of this Act and the Snettisham Purchase Agreement.

(c) COOPERATION OF OTHER AGENCIES.—The heads of other

Federal departments, agencies, and instrumentalities of the United

States shall assist the Secretary of Energy in implementing the

sales and conveyances authorized and directed by this title.

(d) PROCEEDS.—Proceeds from the sales required by this title

shall be deposited in the Treasury of the United States to the

credit of miscellaneous receipts.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to prepare,

survey, and acquire Eklutna and Snettisham for sale and conveyance. Such preparations and acquisitions shall provide sufficient

title to ensure the beneficial use, enjoyment, and occupancy by

the purchasers.

(f) CONTRIBUTED FUNDS.—Notwithstanding any other provision

of law, the Alaska Power Administration is authorized to receive,

administer, and expend such contributed funds as may be provided

by the Eklutna Purchasers or customers or the Snettisham Purchaser or customers for the purposes of upgrading, improving,

maintaining, or administering Eklutna or Snettisham. Upon the

termination of the Alaska Power Administration under section

104(f), the Secretary of Energy shall administer and expend any

remaining balances of such contributed funds for the purposes

intended by the contributors.

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

(a) FEDERAL POWER ACT.—(1) After the sales authorized by

this Act occur, Eklutna and Snettisham, including future modifications, shall continue to be exempt from the requirements of Part

I of the Federal Power Act (16 U.S.C. 791a et seq.), except as

provided in subsection (b).

(2) The exemption provided by paragraph (1) shall not affect

the Memorandum of Agreement entered into among the State of

Alaska, the Eklutna Purchasers, the Alaska Energy Authority, and

Federal fish and wildlife agencies regarding the protection, mitigation of, damages to, and enhancement of fish and wildlife, dated

August 7, 1991, which remains in full force and effect.

(3) Nothing in this title or the Federal Power Act preempts

the State of Alaska from carrying out the responsibilities and

authorities of the Memorandum of Agreement.

(b) SUBSEQUENT TRANSFERS.—Except for subsequent assignment of interest in Eklutna by the Eklutna Purchasers to the

Alaska Electric Generation and Transmission Cooperative Inc.

pursuant to section 19 of the Eklutna Purchase Agreement, upon

any subsequent sale or transfer of any portion of Eklutna or

Snettisham from the Eklutna Purchasers or the Snettisham Purchaser to any other person, the exemption set forth in paragraph
PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 559

(1) of subsection (a) of this section shall cease to apply to such

portion.

(c) REVIEW.—(1) The United States District Court for the District of Alaska shall have jurisdiction to review decisions made

under the Memorandum of Agreement and to enforce the provisions

of the Memorandum of Agreement, including the remedy of specific

performance.

(2) An action seeking review of a Fish and Wildlife Program (‘‘Program’’) of the Governor of Alaska under the Memorandum

of Agreement or challenging actions of any of the parties to the

Memorandum of Agreement prior to the adoption of the Program

shall be brought not later than 90 days after the date on which

the Program is adopted by the Governor of Alaska, or be barred.

(3) An action seeking review of implementation of the Program

shall be brought not later than 90 days after the challenged act

implementing the Program, or be barred.

(d) EKLUTNA LANDS.—With respect to Eklutna lands described

in Exhibit A of the Eklutna Purchase Agreement:

(1) The Secretary of the Interior shall issue rights-of-way

to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers—

(A) at no cost to the Eklutna Purchasers;

(B) to remain effective for a period equal to the life

of Eklutna as extended by improvements, repairs, renewals,

or replacements; and

(C) sufficient for the operation of, maintenance of,

repair to, and replacement of, and access to, Eklutna facilities located on military lands and lands managed by the

Bureau of Land Management, including lands selected by

the State of Alaska.

(2) Fee title to lands at Anchorage Substation shall be

transferred to Eklutna Purchasers at no additional cost if the

Secretary of the Interior determines that pending claims to,

and selections of, those lands are invalid or relinquished.

(3) With respect to the Eklutna lands identified in paragraph 1 of Exhibit A of the Eklutna Purchase Agreement,

the State of Alaska may select, and the Secretary of the Interior

shall convey to the State, improved lands under the selection

entitlements in section 6 of the Act of July 7, 1958 (commonly

referred to as the Alaska Statehood Act, Public Law 85–508;

72 Stat. 339), and the North Anchorage Land Agreement dated

January 31, 1983. This conveyance shall be subject to the

rights-of-way provided to the Eklutna Purchasers under paragraph (1).

(e) SNETTISHAM LANDS.—With respect to the Snettisham lands

identified in paragraph 1 of Exhibit A of the Snettisham Purchase

Agreement and Public Land Order No. 5108, the State of Alaska

may select, and the Secretary of the Interior shall convey to the

State of Alaska, improved lands under the selection entitlements

in section 6 of the Act of July 7, 1958 (commonly referred to

as the Alaska Statehood Act, Public Law 85–508; 72 Stat. 339).

(f) TERMINATION OF ALASKA POWER ADMINISTRATION.—Not later

than one year after both of the sales authorized in section 103

have occurred, as measured by the Transaction Dates stipulated

in the Purchase Agreements, the Secretary of Energy shall—

(1) complete the business of, and close out, the Alaska

Power Administration;

Courts.
109 STAT. 560 PUBLIC LAW 104–58—NOV. 28, 1995

(2) submit to Congress a report documenting the sales;

and

(3) return unobligated balances of funds appropriated for

the Alaska Power Administration to the Treasury of the United

States.

(g) REPEALS.—(1) The Act of July 31, 1950 (64 Stat. 382)

is repealed effective on the date that Eklutna is conveyed to the

Eklutna Purchasers.

(2) Section 204 of the Flood Control Act of 1962 (76 Stat.

1193) is repealed effective on the date that Snettisham is conveyed

to the Snettisham Purchaser.

(3) The Act of August 9, 1955, concerning water resources

investigation in Alaska (69 Stat. 618), is repealed.

(h) DOE ORGANIZATION ACT.—As of the later of the two dates

determined in paragraphs (1) and (2) of subsection (g), section

302(a) of the Department of Energy Organization Act (42 U.S.C.

7152(a)) is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (C); and

(B) by redesignating subparagraphs (D), (E), and (F)

as subparagraphs (C), (D), and (E) respectively; and

(2) in paragraph (2) by striking out ‘‘and the Alaska Power

Administration’’ and by inserting ‘‘and’’ after ‘‘Southwestern

Power Administration,’’.

(i) DISPOSAL.—The sales of Eklutna and Snettisham under this

title are not considered disposal of Federal surplus property under

the Federal Property and Administrative Services Act of 1949 (40

U.S.C. 484) or the Act of October 3, 1944, popularly referred to

as the ‘‘Surplus Property Act of 1944’’ (50 U.S.C. App. 1622).

SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

The provisions of this title regarding the sale of the Alaska

Power Administration’s hydroelectric projects under section 103

and the exemption of these projects from Part I of the Federal

Power Act under section 104 do not apply to other Federal hydroelectric projects.

TITLE II—EXPORTS OF ALASKAN

NORTH SLOPE OIL

SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.

Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amend- ed by amending subsection (s) to read as follows:

‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL

‘‘(s)(1) Subject to paragraphs (2) through (6) of this subsection

and notwithstanding any other provision of this Act or any other

provision of law (including any regulation) applicable to the export

of oil transported by pipeline over right-of-way granted pursuant

to section 203 of the Trans-Alaska Pipeline Authorization Act (43

U.S.C. 1652), such oil may be exported unless the President finds

that exportation of this oil is not in the national interest. The

President shall make his national interest determination within

five months of the date of enactment of this subsection. In evaluatPresident.

42 USC 1962d–

12—1962d–14.

Effective dates.

48 USC 312, 312

note, 312a–312d.

Reports.
PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 561

ing whether exports of this oil are in the national interest, the

President shall at a minimum consider—

‘‘(A) whether exports of this oil would diminish the total

quantity or quality of petroleum available to the United States;

‘‘(B) the results of an appropriate environmental review,

including consideration of appropriate measures to mitigate

any potential adverse effects of exports of this oil on the

environment, which shall be completed within four months

of the date of the enactment of this subsection; and

‘‘(C) whether exports of this oil are likely to cause sustained

material oil supply shortages or sustained oil prices significantly above world market levels that would cause sustained

material adverse employment effects in the United States or

that would cause substantial harm to consumers, including

noncontiguous States and Pacific territories.

If the President determines that exports of this oil are in the

national interest, he may impose such terms and conditions (other

than a volume limitation) as are necessary or appropriate to ensure

that such exports are consistent with the national interest.

‘‘(2) Except in the case of oil exported to a country with which

the United States entered into a bilateral international oil supply

agreement before November 26, 1979, or to a country pursuant

to the International Emergency Oil Sharing Plan of the International Energy Agency, any oil transported by pipeline over rightof-way granted pursuant to section 203 of the Trans-Alaska Pipeline

Authorization Act (43 U.S.C. 1652) shall, when exported, be transported by a vessel documented under the laws of the United States

and owned by a citizen of the United States (as determined in

accordance with section 2 of the Shipping Act, 1916 (46 U.S.C.

App. 802)).

‘‘(3) Nothing in this subsection shall restrict the authority of

the President under the Constitution, the International Emergency

Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of the

Energy Policy and Conservation Act (42 U.S.C. 6271–76) to prohibit

exports.

‘‘(4) The Secretary of Commerce shall issue any rules necessary

for implementation of the President’s national interest determination, including any licensing requirements and conditions, within

30 days of the date of such determination by the President. The

Secretary of Commerce shall consult with the Secretary of Energy

in administering the provisions of this subsection.

‘‘(5) If the Secretary of Commerce finds that exporting oil under

authority of this subsection has caused sustained material oil supply

shortages or sustained oil prices significantly above world market

levels and further finds that these supply shortages or price

increases have caused or are likely to cause sustained material

adverse employment effects in the United States, the Secretary

of Commerce, in consultation with the Secretary of Energy, shall

recommend, and the President may take, appropriate action

concerning exports of this oil, which may include modifying or

revoking authority to export such oil.

‘‘(6) Administrative action under this subsection is not subject

to sections 551 and 553 through 559 of title 5, United States

Code.’’.

Regulations.
109 STAT. 562 PUBLIC LAW 104–58—NOV. 28, 1995

SEC. 202. GAO REPORT.

(a) REVIEW.—The Comptroller General of the United States

shall conduct a review of energy production in California and Alaska

and the effects of Alaskan North Slope oil exports, if any, on

consumers, independent refiners, and shipbuilding and ship repair

yards on the West Coast and in Hawaii. The Comptroller General

shall commence this review three years after the date of enactment

of this Act and, within twelve months after commencing the review,

shall provide a report to the Committee on Energy and Natural

Resources of the Senate and the Committee on Resources and

the Committee on Commerce of the House of Representatives.

(b) CONTENTS OF REPORT.—The report shall contain a statement

of the principal findings of the review and recommendations for

Congress and the President to address job loss in the shipbuilding

and ship repair industry on the West Coast, as well as adverse

impacts on consumers and refiners on the West Coast and in

Hawaii, that the Comptroller General attributes to Alaska North

Slope oil exports.

SEC. 203. GRANT AUTHORITY.

(a) IN GENERAL.—The Secretary of Transportation (‘‘Secretary’’)

may make grants to the Multnomah County Tax Supervising and

Conservation Commission of Multnomah County, Oregon (‘‘Commission’’) in accordance with this section, not to exceed the amount

determined in subsection (b)(2).

(b) FINDING AND DETERMINATION.—Before making any grant

under this section not earlier than one year after exports of Alaskan

North Slope oil commence pursuant to section 201, the Secretary

shall—

(1) find on the basis of substantial evidence that such

exports are directly or indirectly a substantial contributing

factor to the need to levy port district ad valorem taxes under

Oregon Revised Statutes section 294.381; and

(2) determine the amount of such levy attributable to the

export of Alaskan North Slope oil.

(c) AGREEMENT.—Before receiving a grant under this section

for the relief of port district ad valorem taxes which would otherwise

be levied under Oregon Revised Statutes section 294.381, the

Commission shall enter into an agreement with the Secretary to—

(1) establish a segregated account for the receipt of grant

funds;

(2) deposit and keep grant funds in that account;

(3) use the funds solely for the purpose of payments in

accordance with this subsection, as determined pursuant to

Oregon Revised Statutes sections 294.305–565, and computed

in accordance with generally accepted accounting principles;

and

(4) terminate such account at the conclusion of payments

subject to this subsection and to transfer any amounts, including interest, remaining in such account to the Port of Portland

for use in transportation improvements to enhance freight

mobility.

(d) REPORT.—Within 60 days of issuing a grant under this

section, the Secretary shall submit any finding and determination

made under subsection (b), including supporting information, to

the Committee on Energy and Natural Resources of the Senate

30 USC 185 note.
PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 563

and the Committee on Transportation and Infrastructure of the

House of Representatives. (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Transportation to carry

out subsection (a), $15,000,000 for fiscal year 1997, to remain available until October 1, 2003.

TITLE III—OUTER CONTINENTAL SHELF

DEEP WATER ROYALTY RELIEF

SEC. 301. SHORT TITLE.

This title may be referred to as the ‘‘Outer Continental Shelf Deep Water Royalty Relief Act’’.

SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS

ACT.

Section 8(a) of the Outer Continental Shelf Lands Act (43

U.S.C. 1337(a)(3)), is amended—

(1) by designating the provisions of paragraph (3) as subparagraph (A) of such paragraph (3); and (2) by inserting after subparagraph (A), as so designated, the following:

‘‘(B) In the Western and Central Planning Areas of the Gulf

of Mexico and the portion of the Eastern Planning Area of the

Gulf of Mexico encompassing whole lease blocks lying west of 87

degrees, 30 minutes West longitude, the Secretary may, in order

to—

‘‘(i) promote development or increased production on

producing or non-producing leases; or

‘‘(ii) encourage production of marginal resources on producing or non-producing leases;

through primary, secondary, or tertiary recovery means, reduce

or eliminate any royalty or net profit share set forth in the

lease(s). With the lessee’s consent, the Secretary may make

other modifications to the royalty or net profit share terms

of the lease in order to achieve these purposes.

‘‘(C)(i) Notwithstanding the provisions of this Act other than

this subparagraph, with respect to any lease or unit in existence

on the date of enactment of the Outer Continental Shelf Deep

Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as

defined in clause (iv) of this subparagraph, from any lease or

unit located in water depths of 200 meters or greater in the Western

and Central Planning Areas of the Gulf of Mexico, including that

portion of the Eastern Planning Area of the Gulf of Mexico

encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined

pursuant to clause (ii) has been produced by the lessee.

‘‘(ii) Upon submission of a complete application by the lessee,

the Secretary shall determine within 180 days of such application

whether new production from such lease or unit would be economic

in the absence of the relief from the requirement to pay royalties

provided for by clause (i) of this subparagraph. In making such

determination, the Secretary shall consider the increased technological and financial risk of deep water development and all costs

associated with exploring, developing, and producing from the lease.

43 USC 1301

note.

Outer

Continental Shelf

Deep Water

Royalty Relief

Act.
109 STAT. 564 PUBLIC LAW 104–58—NOV. 28, 1995

The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary

shall clearly define the information required for a complete application under this section. Such application may be made on the

basis of an individual lease or unit. If the Secretary determines

that such new production would be economic in the absence of

the relief from the requirement to pay royalties provided for by

clause (i) of this subparagraph, the provisions of clause (i) shall

not apply to such production. If the Secretary determines that

such new production would not be economic in the absence of

the relief from the requirement to pay royalties provided for by

clause (i), the Secretary must determine the volume of production

from the lease or unit on which no royalties would be due in

order to make such new production economically viable; except

that for new production as defined in clause (iv)(I), in no case

will that volume be less than 17.5 million barrels of oil equivalent

in water depths of 200 to 400 meters, 52.5 million barrels of oil

equivalent in 400–800 meters of water, and 87.5 million barrels

of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by

the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the

factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time

period for making any determination or redetermination under

this clause for 30 days, or longer if agreed to by the applicant,

if circumstances so warrant. The lessee shall be notified in writing

of any determination or redetermination and the reasons for and

assumptions used for such determination. Any determination or

redetermination under this clause shall be a final agency action.

The Secretary’s determination or redetermination shall be judicially

reviewable under section 10(a) of the Administrative Procedures

Act (5 U.S.C. 702), only for actions filed within 30 days of the

Secretary’s determination or redetermination.

‘‘(iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application

by the lessee within the time period, together with any extension

thereof, provided for by clause (ii), no royalty payments shall be

due on new production as follows:

‘‘(I) For new production, as defined in clause (iv)(I) of

this subparagraph, no royalty shall be due on such production

according to the schedule of minimum volumes specified in

clause (ii) of this subparagraph.

‘‘(II) For new production, as defined in clause (iv)(II) of

this subparagraph, no royalty shall be due on such production

for one year following the start of such production.

‘‘(iv) For purposes of this subparagraph, the term ‘new production’ is—

‘‘(I) any production from a lease from which no royalties

are due on production, other than test production, prior to

the date of enactment of the Outer Continental Shelf Deep

Water Royalty Relief Act; or

‘‘(II) any production resulting from lease development

activities pursuant to a Development Operations Coordination

Document, or supplement thereto that would expand production

significantly beyond the level anticipated in the Development

Courts.

Notification.
PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 565

Operations Coordination Document, approved by the Secretary

after the date of enactment of the Outer Continental Shelf

Deep Water Royalty Relief Act.

‘‘(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during

which the arithmetic average of the closing prices on the New

York Mercantile Exchange for light sweet crude oil exceeds $28.00

per barrel, any production of oil will be subject to royalties at

the lease stipulated royalty rate. Any production subject to this

clause shall be counted toward the production volume determined

pursuant to clause (ii) or (iii). Estimated royalty payments will

be made if such average of the closing prices for the previous

year exceeds $28.00. After the end of the calendar year, when

the new average price can be calculated, lessees will pay any

royalties due, with interest but without penalty, or can apply for

a refund, with interest, of any overpayment. ‘‘(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during

which the arithmetic average of the closing prices on the New

York Mercantile Exchange for natural gas exceeds $3.50 per million

British thermal units, any production of natural gas will be subject

to royalties at the lease stipulated royalty rate. Any production

subject to this clause shall be counted toward the production volume

determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the

previous year exceeds $3.50. After the end of the calendar year,

when the new average price can be calculated, lessees will pay

any royalties due, with interest but without penalty, or can apply

for a refund, with interest, of any overpayment. ‘‘(vii) The prices referred to in clauses (v) and (vi) of this

subparagraph shall be changed during any calendar year after

1994 by the percentage, if any, by which the implicit price deflator

for the gross domestic product changed during the preceding calendar year.’’.

SEC. 303. NEW LEASES.

Section 8(a)(1) of the Outer Continental Shelf Lands Act, as

amended (43 U.S.C. 1337(a)(1)) is amended—

(1) by redesignating subparagraph (H) as subparagraph (I);

(2) by striking ‘‘or’’ at the end of subparagraph (G); and

(3) by inserting after subparagraph (G) the following new subparagraph: ‘‘(H) cash bonus bid with royalty at no less than 12 and 1⁄2 per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension

of royalties for a period, volume, or value of production determined by the Secretary, which suspensions may vary based

on the price of production from the lease; or’’.

SEC. 304. LEASE SALES.

For all tracts located in water depths of 200 meters or greater

in the Western and Central Planning Area of the Gulf of Mexico,

including that portion of the Eastern Planning Area of the Gulf

of Mexico encompassing whole lease blocks lying west of 87 degrees,

30 minutes West longitude, any lease sale within five years of

the date of enactment of this title, shall use the bidding system

authorized in section 8(a)(1)(H) of the Outer Continental Shelf

43 USC 1337

note.
109 STAT. 566 PUBLIC LAW 104–58—NOV. 28, 1995

Lands Act, as amended by this title, except that the suspension

of royalties shall be set at a volume of not less than the following: (1) 17.5 million barrels of oil equivalent for leases in water

depths of 200 to 400 meters;

(2) 52.5 million barrels of oil equivalent for leases in 400

to 800 meters of water; and

(3) 87.5 million barrels of oil equivalent for leases in water

depths greater than 800 meters.

SEC. 305. REGULATIONS.

The Secretary shall promulgate such rules and regulations

as are necessary to implement the provisions of this title within

180 days after the enactment of this Act.

SEC. 306. SAVINGS CLAUSE.

Nothing in this title shall be construed to affect any offshore

pre-leasing, leasing, or development moratorium, including any

moratorium applicable to the Eastern Planning Area of the Gulf

of Mexico located off the Gulf Coast of Florida.

TITLE IV—MISCELLANEOUS

SEC. 401. EMERGENCY RESPONSE PLAN.

(a) IN GENERAL.—Within 15 months after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit

a plan to Congress on the most cost-effective means of implementing

an international private-sector tug-of-opportunity system, including

a coordinated system of communication, using existing towing vessels to provide timely emergency response to a vessel in distress

transiting the waters within the boundaries of the Olympic Coast

National Marine Sanctuary or the Strait of Juan de Fuca. (b) COORDINATION.—In carrying out this section, the Commandant, in consultation with the Secretaries of State and

Transportation, shall coordinate with the Canadian Government

and the United States and Canadian maritime industries.

(c) ACCESS TO INFORMATION.—If necessary, the Commandant

shall allow United States nonprofit maritime organizations access

to United States Coast Guard radar imagery and transponder

information to identify and deploy towing vessels for the purpose

of facilitating emergency response.

Canada.

Maritime affairs.

Coast Guard.

43 USC 1337

note.

43 USC 1337

note.
PUBLIC LAW 104–58—NOV. 28, 1995 109 STAT. 567

LEGISLATIVE HISTORY—S. 395 (H.R. 70) (H.R. 1122):

HOUSE REPORTS: Nos. 104–139, Pt. 1, accompanying H.R. 70 and 104–187, Pt.

1, accompanying H.R. 1122 (both from Comm. on Resources),

and 104–312 (Comm. of Conference).

SENATE REPORTS: No. 104–78 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 141 (1995):

May 15, 16, considered and passed Senate.

July 24, H.R. 70 considered and passed House.

July 25, S. 395 considered and passed House, amended.

Nov. 8, House agreed to conference report.

Nov. 14, Senate agreed to conference report.

Æ

(d) TOWING VESSEL DEFINED.—For the purpose of this section,

the term ‘‘towing vessel’’ has the meaning given that term by

section 2101(40) of title 46, United States Code.

Approved November 28, 1995.