II 

111TH CONGRESS 

2D SESSION S. 3584 

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 

JULY 14, 2010 

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. 

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 ‘‘Responsible Arctic En5 ergy Development Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) Alaska is the only Arctic State in the 

4 United States; 

5 (2) Alaska contributes 17 percent of the oil pro6 duction of the United States, and the Arctic region 

7 of the State of Alaska is believed to hold consider8 able reserves of oil and natural gas needed for the 

9 future energy security of the United States; 

10 (3) the marine mammals and other fish and 

11 wildlife resources of the Arctic are— 

12 (A) critical to meet the subsistence needs 

13 of indigenous residents of Alaska; 

14 (B) a source of significant nonconsumptive 

15 use and nonuse value to the United States; and 

16 (C) vulnerable to the impacts of oil and 

17 gas exploration and production; 

18 (4) the Arctic and the natural resources of the 

19 Arctic are particularly vulnerable to the impacts of 

20 oil spills due to the uniqueness of and limited access 

21 to the region, including— 

22 (A) remote location that makes oil spill 

23 emergency response capabilities slower and 

24 more difficult; 


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1 (B) cold temperatures and ice cover that 

2 slow the natural degradation and dissipation of 

3 spilled oil; and 

4 (C) increased susceptibility of Arctic wild5 life that are highly dependent on insulation, 

6 which would be greatly decreased by oil cover; 

7 (5) Alaska lacks the essential geospatial frame8 work for safe navigation, accident prevention, and oil 

9 spill response capabilities that are available to the 

10 rest of the United States; 

11 (6) existing Federal research and science advi12 sory programs focused on the environmental and so13 cioeconomic impacts of oil and gas development in 

14 the Arctic would benefit from— 

15 (A) a more cohesive, coordinated, and inte16 grated approach; and 

17 (B) better coordination with State, local, 

18 and private-sector Arctic research programs; 

19 and 

20 (7) oil spill from the mobile offshore drilling 

21 unit Deepwater Horizon in the Gulf of Mexico has 

22 highlighted the need for stronger oil spill prevention 

23 and response research and planning for future devel24 opment on the outer Continental Shelf of the United 

25 States. 


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

2 PREVENTION. 

3 (a) IN GENERAL.—The Secretary of Commerce, act4 ing through the Administrator of the National Oceanic 

5 and Atmospheric Administration and in collaboration with 

6 the heads of other agencies or departments of the United 

7 States with appropriate Arctic science expertise, shall di8 rect research and take action to improve the ability of the 

9 United States to conduct oil spill prevention, response, 

10 and recovery in Arctic waters. 

11 (b) INCLUSIONS.—Research and action under this 

12 section shall include the prioritization of resources— 

13 (1) to address— 

14 (A) ecological baselines and environmental 

15 sensitivity indexes; 

16 (B) identification of ecological important 

17 areas, critical habitats, and migratory behav18 iors; 

19 (C) the development of oil spill trajectory 

20 models in Arctic marine conditions; 

21 (D) the collection of observational data es22 sential for response strategies in the event of an 

23 oil spill during both open water and ice-covered 

24 seasons, including data relating to oil spill tra25 jectory models that include data on— 

26 (i) currents; 


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1 (ii) winds; 

2 (iii) weather; 

3 (iv) waves; and 

4 (v) ice forecasting; 

5 (E) the development of a robust oper6 ational monitoring program during the open 

7 water and ice-covered seasons; 

8 (F) improvements in technologies and un9 derstanding of cold water oil recovery and res10 toration; and 

11 (G) the integration of local and traditional 

12 knowledge into oil recovery research studies; 

13 and 

14 (2) to establish a robust geospatial framework 

15 for safe navigation and oil spill response through in16 creased— 

17 (A) hydrographic and bathymetric sur18 veying, mapping, and navigational charting; 

19 (B) geodetic positioning; and 

20 (C) monitoring of tides, sea levels, and cur21 rents in the Arctic. 

22 SEC. 4. ARCTIC OIL AND GAS DEVELOPMENT. 

23 (a) IN GENERAL.—Title VI of the Oil Pollution Act 

24 of 1990 is amended by inserting after section 6002 (33 

25 U.S.C. 2752) the following: 


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1 ‘‘SEC. 6003. ARCTIC OIL AND GAS DEVELOPMENT. 

2 ‘‘The Administrator of the National Oceanic and At3 mospheric Administration and the Commandant of the 

4 Coast Guard, in consultation with the Secretary of the De5 partment of Interior when applicable, shall use amounts 

6 made available under the Responsible Arctic Energy De7 velopment Act of 2010 to carry out research and related 

8 activities in advance of energy exploration and production 

9 and related activities in the Arctic, including— 

10 ‘‘(1) research into oil spill prevention and re11 sponse in varying Arctic ice conditions (including 

12 pack ice, broken ice, and landfast ice); 

13 ‘‘(2) establishment of oil spill response capabili14 ties in the Arctic, including oiled wildlife response 

15 capabilities; 

16 ‘‘(3) research into the effectiveness of oil spill 

17 response strategies, such as— 

18 ‘‘(A) the use and application of dispersants 

19 (including research on toxicity of dispersants) 

20 in Arctic conditions; 

21 ‘‘(B) the impacts of dispersed oil in the 

22 water column and benthic habitats and sedi23 ments; 

24 ‘‘(C) the black carbon impacts of in-situ 

25 burning; 


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1 ‘‘(D) the effects of mechanical oil removal 

2 methods on benthic habitats; 

3 ‘‘(E) the impacts of spill response strate4 gies on the Arctic food web; 

5 ‘‘(F) identification of options for restora6 tion of natural resources in the event of an Arc7 tic oil spill, including development of oiled wild8 life response strategies for large mammals; 

9 ‘‘(G) scientific assessment of and research 

10 into effects of oil on biota that depend on ice 

11 habitats; 

12 ‘‘(H) the locating and tracking of oil on 

13 the surface and in the water column, under 

14 Arctic conditions, using acoustic and remote 

15 sensing technology; and 

16 ‘‘(I) the weathering and persistence of 

17 spilled oil in the Arctic environment; 

18 ‘‘(4) a comprehensive scientific gap analysis to 

19 determine future research and ocean observation 

20 needs for the safe and responsible development of 

21 Arctic energy; 

22 ‘‘(5) scientific assessment of and research into 

23 Arctic species, such as whales, ice seals, walrus, 

24 polar bears, and fishery resources, including the eco25 nomic and social importance of those resources and 


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1 the documentation of local and traditional knowledge 

2 about those species; 

3 ‘‘(6) monitoring and research authorized under 

4 existing Alaska Native organization marine mammal 

5 comanagement agreements; 

6 ‘‘(7) Environmental Sensitivity Index or digital 

7 database mapping of the Arctic coast and Bering 

8 Strait regions; 

9 ‘‘(8) research into Arctic ocean current and 

10 wind trajectories, changing ice pack conditions, and 

11 ongoing monitoring and observing of ocean condi12 tions; 

13 ‘‘(9) marine debris research and removal 

14 projects and activities; and 

15 ‘‘(10) adherence to data management standards 

16 established by the Integrated Ocean Observing Sys17 tem for ocean data variables.’’. 

18 (b) CONFORMING AMENDMENT.—The table of con19 tents of the Oil Pollution Act of 1990 (33 U.S.C. prec. 

20 2701) is amended by striking the item relating to section 

21 6003 and inserting the following: 

‘‘Sec. 6003. Arctic oil and gas development.’’. 

22 SEC. 5. ARCTIC MARITIME READINESS AND OIL SPILL PRE23 VENTION. 

24 (a) IN GENERAL.—The Commandant of the Coast 

25 Guard shall assess and take action to reduce the risk and 


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1 improve the capability of the United States to respond to 

2 a maritime disaster in the United States Beaufort and 

3 Chukchi Seas. 

4 (b) MATTERS TO BE ADDRESSED.—The assessment 

5 and actions referred to in subsection (a) shall include the 

6 prioritization of resources to address— 

7 (1) oil spill prevention and response capabilities 

8 and infrastructure; 

9 (2) the coordination of contingency plans and 

10 agreements with other agencies and departments of 

11 the United States, industry, and foreign govern12 ments to respond to an Arctic oil spill; 

13 (3) the expansion of search and rescue capabili14 ties, infrastructure, and logistics, including improve15 ments of the Search and Rescue Optimal Planning 

16 System; 

17 (4) the provisional designation of places of ref18 uge; 

19 (5) the evaluation and enhancement of naviga20 tional infrastructure; 

21 (6) the evaluation and enhancement of vessel 

22 monitoring, tracking, and automated identification 

23 systems and navigational aids and communications 

24 infrastructure for safe navigation and marine acci25 dent prevention in the Arctic; 


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1 (7) shipping traffic risk assessments for the 

2 Bering Strait and the Chukchi and Beaufort Seas; 

3 and 

4 (8) the integration of local and traditional 

5 knowledge and concerns into prevention and re6 sponse strategies. 

7 SEC. 6. FEDERAL OIL POLLUTION RESEARCH AND DEVEL8 OPMENT PROGRAM. 

9 (a) INTERAGENCY COORDINATING COMMITTEE ON

10 OIL POLLUTION RESEARCH.—Section 7001 of the Oil 

11 Pollution Act of 1990 (33 U.S.C. 2761) is amended— 

12 (1) in subsection (a), by adding at the end the 

13 following: 

14 ‘‘(5) VICE CHAIRMEN.— 

15 ‘‘(A) IN GENERAL.—There shall be 2 Vice 

16 Chairmen of the Interagency Committee, of 

17 whom— 

18 ‘‘(i) the Administrator of the National 

19 Oceanic and Atmospheric Administration 

20 shall serve as the Vice Chairman for Ma21 rine Science Research; and 

22 ‘‘(ii) the Administrator of the Envi23 ronmental Protection Agency shall serve as 

24 the Vice Chairman for Environmental 

25 Science Research. 


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1 ‘‘(B) DUTIES.—Each Vice Chairman shall 

2 coordinate Federal oil pollution research carried 

3 out by the agency overseen by the Vice Chair4 man. 

5 ‘‘(6) FUNCTIONS.—The Interagency Committee 

6 shall— 

7 ‘‘(A) coordinate Federal oil pollution re8 search, technology development, and demonstra9 tion among the Federal agencies; 

10 ‘‘(B) complete a research assessment on 

11 the status of Federal oil pollution prevention 

12 and response capabilities; 

13 ‘‘(C) develop a Federal oil pollution re14 search and technology plan, pursuant to sub15 section (b); and 

16 ‘‘(D) with regard to Arctic waters— 

17 ‘‘(i) prioritize resources to address— 

18 ‘‘(I) ecological baselines and En19 vironmental Sensitivity Indexes; 

20 ‘‘(II) identification of ecologically 

21 important areas, critical habitats, and 

22 migratory behaviors; 

23 ‘‘(III) improvements in oil tech24 nologies for collecting observational 

25 data essential for safe navigation and 


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1 response strategies in the event of an 

2 oil spill in both open water and ice3 covered seasons, including data relat4 ing to— 

5 ‘‘(aa) currents; 

6 ‘‘(bb) winds; 

7 ‘‘(cc) weather; 

8 ‘‘(dd) waves; 

9 ‘‘(ee) oil spill monitoring; 

10 and 

11 ‘‘(ff) ice forecasting; 

12 ‘‘(IV) development of a robust 

13 operational monitoring program dur14 ing the open water and ice-covered 

15 seasons; 

16 ‘‘(V) improvements in tech17 nologies and understanding of cold 

18 water oil recovery and restoration; 

19 and 

20 ‘‘(VI) the integration of local and 

21 traditional knowledge into oil recovery 

22 research studies; and 

23 ‘‘(ii) conduct hydrographic and bathy24 metric surveys and improve navigational 

25 charting of Arctic waters.’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1), by striking ‘‘Within 

3 180 days after the date of enactment of this 

4 Act’’ and inserting ‘‘Not later than January 1, 

5 2010, and biennially thereafter’’; and 

6 (B) in paragraph (2), by striking ‘‘Depart7 ment of Transportation’’ and inserting ‘‘De8 partment of Homeland Security’’. 

9 SEC. 7. RISK ASSESSMENT. 

10 (a) REQUIREMENT FOR RISK ASSESSMENT.— 

11 (1) IN GENERAL.—Not later than 120 days 

12 after the date of the enactment of this Act, the 

13 Interagency Coordinating Committee on Oil Pollu14 tion Research shall request the National Research 

15 Council to conduct a risk assessment— 

16 (A) to identify and evaluate spill preven17 tion and response standards in effect as of that 

18 date; and 

19 (B) to develop recommendations that will 

20 enhance safety and lessen the potential adverse 

21 environmental impacts of industrial activities in 

22 Arctic waters. 

23 (2) INCLUSIONS.—The assessment under sub24 section (a) shall include the recommendations of the 

25 National Research Council to identify a comprehenVerDate Mar 15 2010 03:29 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3584.IS S3584

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1 sive suite of measures, based on the best available 

2 technology, designed to prevent and respond to oil 

3 spills in the Arctic. 

4 (b) SUBMISSION TO COMMITTEE, CONGRESS.—The 

5 National Research Council shall concurrently submit the 

6 risk assessment described in subsection (a) to— 

7 (1) the Interagency Coordinating Committee on 

8 Oil Pollution Research; 

9 (2) the Committee on Commerce, Science, and 

10 Transportation of the Senate; and 

11 (3) the Committee on Transportation and In12 frastructure of the House of Representatives. 

13 SEC. 8. EXEMPTION OF OIL POLLUTION RESEARCH AND 

14 DEVELOPMENT PROJECTS FROM ENVIRON15 MENTAL IMPACT STATEMENT REQUIREMENT. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, testing of oil spill prevention, response, or 

18 mitigation technology for use in Arctic waters shall not 

19 constitute a major Federal action for the purposes of sec20 tion 102(2)(C) of the National Environmental Policy Act 

21 of 1969 (42 U.S.C. 4332(2)(C)), on the condition that the 

22 Secretary of Homeland Security, the Administrator of the 

23 Environmental Protection Agency, and the Secretary of 

24 Commerce unanimously find that— 


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1 (1) the testing is necessary to advance that 

2 technology; 

3 (2) no reasonable alternative to the testing is 

4 available; and 

5 (3) the testing does not represent a serious 

6 threat to the environment. 

7 (b) JUDICIAL REVIEW.—Any action of Federal offi8 cers pursuant to this section, or any action relating to 

9 such an action, shall not be subject to judicial review. 

10 SEC. 9. PROCUREMENT OF RESPONSE MATERIALS. 

11 (a) IN GENERAL.—The procurement of an item for 

12 the purpose of oil pollution prevention, mitigation, re13 sponse, or cleanup, or for the research, testing, or develop14 ment of such capacity, shall be considered, regardless of 

15 the origin of the item, to be consistent with the public 

16 interest. 

17 (b) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

18 Any provision of law that would otherwise prohibit or re19 strict the procurement of, or the expenditure of funds for 

20 the procurement of, an item under subsection (a) shall not 

21 apply to the procurement of the item. 

22 SEC. 10. WAIVER OF RESTRICTIONS ON WATER TESTING OF 

23 OIL SPILL RESPONSE CAPABILITIES. 

24 Notwithstanding any other provision of law, the Ad25 ministrator of the Environmental Protection Agency, in 


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1 consultation with the Administrator of the National Oce2 anic and Atmospheric Administration, the Secretary of the 

3 Interior, and other appropriate Federal, State, and local 

4 authorities, may waive any restriction under this Act, an 

5 amendment made by this Act, or any other provision of 

6 law that prevents or restricts the testing, in the navigable 

7 waters or in any other area under the jurisdiction of the 

8 United States, of oil spill response capabilities of the 

9 United States. 

10 SEC. 11. FUNDING FOR RESCUE, REHABILITATION, AND RE11 COVERY OF MARINE SPECIES. 

12 Section 5006 of the Oil Pollution Act of 1990 (33 

13 U.S.C. 2736) is amended by adding at the end the fol14 lowing: 

15 ‘‘(e) RESCUE, REHABILITATION, AND RECOVERY OF

16 MARINE SPECIES.—Amounts in the Fund shall be avail17 able to the Administrator of the National Oceanic and At18 mospheric Administration, without further appropriation 

19 or fiscal year limitation, to sustain nationwide rescue, re20 habilitation, and recovery capabilities for marine mam21 mals, marine birds, and sea turtles injured by oil pollution, 

22 in an amount not to exceed $20,000,000 annually.’’. 


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1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act and the amendments made by this Act such sums 

4 as are necessary. 

Æ 


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