I 

111TH CONGRESS 

2D SESSION H. R. 5770 

To ensure safe, secure, and reliable marine shipping in the Arctic including 

the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2010 

Mr. YOUNG of Alaska (for himself and Mr. LARSEN of Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To ensure safe, secure, and reliable marine shipping in the 

Arctic including the availability of aids to navigation, 

vessel escorts, spill response capability, and maritime 

search and rescue in the Arctic, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arctic Marine Shipping 

5 Assessment Implementation Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds and declares the following: 

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1 (1) The Arctic Ocean and adjacent seas are be2 coming increasingly accessible to shipping, due to 

3 thinning ice cover, technological improvements allow4 ing greater efficiencies in the operation of ice-break5 ers and ice-strengthened cargo and passenger ves6 sels, satellite support for navigation and real-time 

7 ice-charting, and growing demand for Arctic tourism 

8 and natural resources. 

9 (2) It is in the interests of the United States 

10 to work with the State of Alaska and our neighbors 

11 in the Arctic to ensure that shipping in the Arctic 

12 Ocean and adjacent seas is safe for mariners, pro13 tective of the natural environment, including the air, 

14 land, water, and wildlife of the Arctic, and mindful 

15 of the needs of longstanding subsistence users of 

16 Arctic resources. 

17 (3) It is further in the interests of the United 

18 States to ensure that shipping in the Arctic Ocean 

19 and adjacent seas is secure, and that United States 

20 sovereign and security interests, including the rights 

21 of United States vessels to innocent passage through 

22 international straits, are respected and protected, 

23 that access is provided throughout the Arctic Ocean 

24 for legitimate research vessels of all nations, and 

25 that peaceful relations are maintained in the Arctic. 

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1 (4) It is further in the interests of the United 

2 States to see that a system of international coopera3 tion is established to support reliable shipping, with 

4 methods for joint investment in providing mariners 

5 aids to navigation, ports of refuge, vessel-to-shore 

6 communication, hydrographic mapping, and search 

7 and rescue capability. 

8 (5) For nearly 500 years, mariners and sea9 faring nations have sought national and global bene10 fits from sea routes in the Arctic similar to those 

11 provided now by the Panama and Suez canals, but 

12 as those benefits may finally be realized, expanded 

13 shipping will present risks to residents of the Arctic, 

14 and coordinated shipping regulations are needed to 

15 protect United States interests even from shipping 

16 that may occur in the Arctic outside United States 

17 territorial waters. 

18 (6) Proven models for international cooperation 

19 in management of regional waterways exist, includ20 ing United States joint administration of the St. 

21 Lawrence Seaway with Canada, and existing co22 operation between the Coast Guard and its Russian 

23 Federation counterpart for fisheries enforcement in 

24 the Bering Sea and North Pacific regions. 

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1 (7) The United States has continuing research, 

2 security, environmental, and commercial interests in 

3 the Arctic that rely on the availability of icebreaker 

4 platforms of the Coast Guard. The Polar Class ice5 breakers commissioned in the 1970s are in need of 

6 replacement. 

7 (8) Sovereign interests of the United States in 

8 the Arctic Ocean and Bering Sea regions may grow 

9 with submission of a United States claim for an ex10 tended continental shelf. 

11 (9) Building new icebreakers, mustering inter12 national plans for aids to navigation and other facili13 ties, and establishing coordinated shipping regula14 tions and oil spill prevention and response capability 

15 through international cooperation, including the ap16 proval of the International Maritime Organization, 

17 requires long lead times. Beginning those efforts 

18 now, with the completion of an Arctic Marine Ship19 ping Assessment by the eight-nation Arctic Council, 

20 is essential to protect United States interests given 

21 the extensive current use of the Arctic Ocean and 

22 adjacent seas by vessels of many nations. 

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1 SEC. 3. ARCTIC MARINE SHIPPING ASSESSMENT IMPLE2 MENTATION. 

3 (a) PURPOSE.—The purpose of this section is to en4 sure safe and secure maritime shipping in the Arctic in5 cluding the availability of aids to navigation, vessel es6 corts, spill response capability, and maritime search and 

7 rescue in the Arctic. 

8 (b) INTERNATIONAL MARITIME ORGANIZATION

9 AGREEMENTS.—To carry out the purpose of this section, 

10 the Secretary of the department in which the Coast Guard 

11 is operating is encouraged to enter into negotiations 

12 through the International Maritime Organization to con13 clude and execute agreements to promote coordinated ac14 tion among the United States, Russia, Canada, Iceland, 

15 Norway, and Denmark and other seafaring and Arctic na16 tions to ensure, in the Arctic— 

17 (1) placement and maintenance of aids to navi18 gation; 

19 (2) appropriate marine safety, tug, and salvage 

20 capabilities; 

21 (3) oil spill prevention and response capability; 

22 (4) maritime domain awareness, including long23 range vessel tracking; and 

24 (5) search and rescue. 

25 (c) COORDINATION BY COMMITTEE ON THE MARI26 TIME TRANSPORTATION SYSTEM.—The Committee on the 

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1 Maritime Transportation System established under a di2 rective of the President in the Ocean Action Plan, issued 

3 December 17, 2004, shall coordinate the establishment of 

4 domestic transportation policies in the Arctic necessary to 

5 carry out the purpose of this section. 

6 (d) AGREEMENTS AND CONTRACTS.—The Secretary 

7 of the department in which the Coast Guard is operating 

8 may, subject to the availability of appropriations, enter 

9 into cooperative agreements, contracts, or other agree10 ments with, or make grants to individuals and govern11 ments to carry out the purpose of this section or any 

12 agreements established under subsection (b). 

13 (e) ICEBREAKING.—The Secretary of the department 

14 in which the Coast Guard is operating shall promote safe 

15 maritime navigation by means of icebreaking where need16 ed to carry out the purposes of this section. 

17 (f) DEMONSTRATION PROJECTS.—The Secretary of 

18 Transportation may enter into cooperative agreements, 

19 contracts, or other agreements with, or make grants to— 

20 (1) individuals to conduct demonstration 

21 projects to reduce emissions (including black carbon 

22 and other emissions that could contribute to climate 

23 change) or discharges from vessels operating in the 

24 Arctic; and 

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1 (2) maritime training institutions to train mari2 ners for ice navigation (including navigation in bro3 ken ice conditions) and Arctic operations, including 

4 the prevention of discharges. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated— 

7 (1) to the Secretary of the department in which 

8 the Coast Guard is operating— 

9 (A) $5,000,000 for each of fiscal years 

10 2011 through 2015 for seasonal operations in 

11 the Arctic; and 

12 (B) $10,000,000 for each of fiscal years 

13 2012 through 2015 to carry out agreements es14 tablished under subsection (d); and 

15 (2) to the Secretary of Transportation 

16 $5,000,000 for each of fiscal years 2011 through 

17 2015 to conduct demonstration projects under sub18 section (f). 

19 (h) ICEBREAKERS.— 

20 (1) ANALYSES.—Not later than 90 days after 

21 the date of enactment of this Act or the date of com22 pletion of the ongoing High Latitude Study to assess 

23 Arctic polar ice-breaking mission requirements, 

24 which ever occurs later, the Commandant of the 

25 Coast Guard shall— 

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1 (A) conduct a comparative cost-benefit 

2 analysis of— 

3 (i) extending the service life of the ex4 isting fleet of icebreakers for operation by 

5 the Coast Guard, 

6 (ii) constructing new icebreakers for 

7 operation by the Coast Guard, and 

8 (iii) any combination of the activities 

9 described in clauses (i) and (ii) that is nec10 essary for the Coast Guard to carry out 

11 the Federal icebreaking missions of the 

12 United States; and 

13 (B) conduct an analysis of the impact on 

14 mission capacity and the ability of the United 

15 States to maintain a presence in the Arctic re16 gions through the year 2020 if recapitalization 

17 of the icebreaker fleet, either by constructing 

18 new icebreakers or extending the service life of 

19 the existing fleet of icebreakers, is not fully 

20 funded. 

21 (2) REPORTS TO CONGRESS.— 

22 (A) Not later than 90 days after the date 

23 of enactment of this Act or the date of comple24 tion of the ongoing High Latitude Study to as25 sess Arctic ice-breaking mission requirements, 

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1 whichever occurs later, the Commandant of the 

2 Coast Guard shall submit a report containing 

3 the results of the study, together with rec4 ommendations the Commandant deems appro5 priate under section 93(a)(24) of title 14, 

6 United States Code, to the Senate Committee 

7 on Commerce, Science, and Transportation and 

8 the House of Representatives Committee on 

9 Transportation and Infrastructure. 

10 (B) Not later than 1 year after the date of 

11 enactment of this Act, the Commandant shall 

12 submit reports containing the results of the 

13 analyses required under subparagraphs (A) and 

14 (B) of paragraph (1), together with rec15 ommendations the Commandant deems appro16 priate under section 93(a)(24) of title 14, 

17 United States Code, to the Senate Committee 

18 on Commerce, Science, and Transportation and 

19 the House of Representatives Committee on 

20 Transportation and Infrastructure. 

21 SEC. 4. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

22 GUARD PRESENCE IN HIGH LATITUDE RE23 GIONS. 

24 Within 270 days after the date of enactment of this 

25 Act, the Secretary of the department in which the Coast 

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1 Guard is operating shall submit a report to the Committee 

2 on Commerce, Science, and Transportation of the Senate 

3 and the Committee on Transportation and Infrastructure 

4 of the House of Representatives assessing the need for ad5 ditional Coast Guard prevention and response capability 

6 in the high latitude regions. The assessment shall address 

7 needs for all Coast Guard mission areas, including search 

8 and rescue, marine pollution response and prevention, 

9 fisheries enforcement, and maritime commerce. The Sec10 retary shall include in the report— 

11 (1) an assessment of the high latitude operating 

12 capabilities of all current Coast Guard assets, in13 cluding assets acquired under the Deepwater pro14 gram; 

15 (2) an assessment of projected needs for Coast 

16 Guard forward operating bases in the high latitude 

17 regions; 

18 (3) an assessment of shore infrastructure, per19 sonnel, logistics, communications, and resources re20 quirements to support Coast Guard forward oper21 ating bases in the high latitude regions; 

22 (4) an assessment of the need for high latitude 

23 icebreaking capability and the capability of the cur24 rent high latitude icebreaking assets of the Coast 

25 Guard, including— 

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1 (A) whether the Coast Guard’s high lati2 tude icebreaking fleet is meeting current mis3 sion performance goals; 

4 (B) whether the fleet is capable of meeting 

5 projected mission performance goals; and 

6 (C) an assessment of the material condi7 tion, safety, and working conditions aboard 

8 high latitude icebreaking assets, including the 

9 effect of those conditions on mission perform10 ance; 

11 (5) a detailed estimate of acquisition costs for 

12 each of the assets (including shore infrastructure) 

13 necessary for additional prevention and response ca14 pability in high latitude regions for all Coast Guard 

15 mission areas, and an estimate of operations and 

16 maintenance costs for such assets for the initial 10- 

17 year period of operations; and 

18 (6) detailed cost estimates (including operating 

19 and maintenance for a period of 10 years) for high 

20 latitude icebreaking capability to ensure current and 

21 projected future mission performance goals are met, 

22 including estimates of the costs to— 

23 (A) renovate and modernize the Coast 

24 Guard’s existing high latitude icebreaking fleet; 

25 and 

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1 (B) replace the Coast Guard’s existing 

2 high latitude icebreaking fleet. 

3 SEC. 5. ARCTIC DEFINITION. 

4 In this Act the term ‘‘Arctic’’ has the same meaning 

5 as in section 112 of the Arctic Research and Policy Act 

6 of 1984 (15 U.S.C. 4111). 

Æ 

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