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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3597 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3597

    To improve the ability of the National Oceanic and Atmospheric 
Administration, the Coast Guard, and coastal States to sustain healthy 
   ocean and coastal ecosystems by maintaining and sustaining their 
capabilities relating to oil spill preparedness, prevention, response, 
           restoration, and research, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

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

_______________________________________________________________________

                                 A BILL

 
    To improve the ability of the National Oceanic and Atmospheric 
Administration, the Coast Guard, and coastal States to sustain healthy 
   ocean and coastal ecosystems by maintaining and sustaining their 
capabilities relating to oil spill preparedness, prevention, response, 
           restoration, and research, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing Health 
for Ocean Resources and Environment Act'' or the ``SHORE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL SPILL 
                 RESPONSE, CONTAINMENT, AND PREVENTION

Sec. 101. Improvements to National Oceanic and Atmospheric 
                            Administration oil spill response, 
                            containment, and prevention.
Sec. 102. Use of Oil Spill Liability Trust Fund for expenses of 
                            National Oceanic and Atmospheric 
                            Administration.
Sec. 103. Investment of amounts in Damage Assessment and Restoration 
                            Revolving Fund in interest-bearing 
                            obligations.
Sec. 104. Strengthening coastal State oil spill planning and response.
Sec. 105. Gulf of Mexico long-term marine environmental monitoring and 
                            research program.
Sec. 106. Arctic research and action to conduct oil spill prevention.
    TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

Sec. 201. Secretary defined.
Sec. 202. Arctic maritime readiness and oil spill prevention.
Sec. 203. Response plan update requirement.
Sec. 204. Advance planning and prompt decisionmaking in closing and 
                            reopening fishing grounds.
Sec. 205. Oil spill technology evaluation.
Sec. 206. Coast Guard inspections.
Sec. 207. Certificate of inspection requirements.
Sec. 208. Navigational measures for protection of natural resources.
Sec. 209. Notice to States of bulk oil transfers.
Sec. 210. Gulf of Mexico Regional Citizens Advisory Council.
Sec. 211. Vessel liability.
Sec. 212. Coast Guard research and development.
Sec. 213. Prompt intergovernmental notice of marine casualties.
Sec. 214. Prompt publication of oil spill information.
            TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

Sec. 301. Coordination of Federal and State activities with respect to 
                            oil spill surveys.
Sec. 302. Coordination between National Oceanic and Atmospheric 
                            Administration, Coast Guard, and Department 
                            of Interior on oil spill matters.
Sec. 303. Federal Oil Spill Research Committee.

  TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL SPILL 
                 RESPONSE, CONTAINMENT, AND PREVENTION

SEC. 101. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION OIL SPILL RESPONSE, CONTAINMENT, AND 
              PREVENTION.

    (a) Review of Ability of National Oceanic and Atmospheric 
Administration To Respond to Oil Spills.--
            (1) Comprehensive review required.--Not later than 1 year 
        after the date of the enactment of this Act, the Under 
        Secretary for Oceans and Atmosphere shall conduct a 
        comprehensive review of the current capacity of the National 
        Oceanic and Atmospheric Administration to respond to oil 
        spills.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include the following:
                    (A) A comparison of oil spill modeling requirements 
                with the state-of-the-art oil spill modeling with 
                respect to near shore and offshore areas.
                    (B) Development of recommendations on priorities 
                for improving forecasting of oil spill, trajectories, 
                and impacts.
                    (C) An inventory of the products and tools of the 
                National Oceanic and Atmospheric Administration that 
                can aid in assessment of the potential risk and impacts 
                of oil spills. Such products and tools may include 
                environmental sensitivity index maps, the United States 
                Integrated Ocean Observing System, and oil spill 
                trajectory models.
                    (D) An identification of the baseline oceanographic 
                and climate data required to support state of the art 
                modeling.
                    (E) An assessment of the Administration's ability 
                to respond to the effects of an oil spill on its trust 
                resources, including--
                            (i) marine sanctuaries, monuments, and 
                        other protected areas; and
                            (ii) marine mammals, sea turtles, and other 
                        protected species, and efforts to rehabilitate 
                        such species.
            (3) Report.--Upon completion of the review required by 
        paragraph (1), the Under Secretary shall submit to Congress a 
        report on such review, including the findings of the Under 
        Secretary with respect to such review.
    (b) Oil Spill Trajectory Modeling.--The Under Secretary for Oceans 
and Atmosphere shall be responsible for developing and maintaining oil 
spill trajectory modeling capabilities for the United States, including 
taking such actions as may be required by subsections (c) through (g).
    (c) Environmental Sensitivity Index.--
            (1) Update.--Beginning not later than 180 days after the 
        date of the enactment of this Act and not less frequently than 
        once every 7 years thereafter, the Under Secretary shall update 
        the environmental sensitivity index products of the National 
        Oceanic and Atmospheric Administration for each coastal area of 
        the United States and for each offshore area of the United 
        States that is leased or under consideration for leasing for 
        offshore energy production.
            (2) Expanded coverage.--Not later than 270 days after the 
        date of the enactment of this Act, the Under Secretary shall, 
        to the maximum extent practicable, create an environmental 
        sensitivity index product for each area described in paragraph 
        (1) for which the National Oceanic and Atmospheric 
        Administration did not have an environmental sensitivity index 
        product on the day before the date of the enactment of this 
        Act.
            (3) Environmental sensitivity index product defined.--In 
        this subsection, the term ``environmental sensitivity index 
        product'' means a map or similar tool that is utilized to 
        identify sensitive shoreline, coastal or offshore, resources 
        prior to an oil spill event in order to set baseline priorities 
        for protection and plan cleanup strategies, typically including 
        information relating to shoreline type, biological resources, 
        and human use resources.
    (d) Subsea Hydrocarbon Review.--Not later than 120 days after the 
date of the enactment of this Act, the Under Secretary shall conduct a 
comprehensive review of the current state of the National Oceanic and 
Atmospheric Administration to monitor, map, and track subsea 
hydrocarbons, including a review of the effect of subsea hydrocarbons 
and dispersants at varying concentrations on living marine resources.
    (e) National Information Center on Oil Spills.--The Under Secretary 
shall establish a national information center on oil spills that--
            (1) includes scientific information and research on oil 
        spill preparedness, response, and restoration;
            (2) serves as a single access point for emergency 
        responders for such scientific data; and
            (3) provides outreach and utilizes communication mechanisms 
        to inform partners, the public, and local communities about the 
        availability of oil spill preparedness, prevention, response, 
        and restoration information and services and otherwise improves 
        public understanding and minimizes impacts of oil spills.
    (f) Initiative on Oil Spills From Aging and Abandoned Oil 
Infrastructure.--Not later than 270 days after the date of the 
enactment of this Act, the Under Secretary shall establish an 
initiative--
            (1) to determine the significance, response, frequency, 
        size, potential fate, and potential effects, including those on 
        sensitive habitats, of oil spills resulting from aging and 
        abandoned oil infrastructure; and
            (2) to formulate recommendations on how best to address 
        such spills.
    (g) Inventory of Offshore Abandoned or Sunken Vessels.--Not later 
than 270 days after the date of the enactment of this Act, the Under 
Secretary shall develop an inventory of offshore abandoned or sunken 
vessels in the exclusive economic zone of the United States and 
identify priorities (based on amount of oil, feasibility of oil 
recovery, fate and effects of oil if released, and cost-benefit of 
preemptive action) for potential preemptive removal of oil or other 
actions that may be effective to mitigate the risk of oil spills from 
offshore abandoned or sunken vessels.

SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES OF 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $25,000,000 in each fiscal year 
                shall be available to the Under Secretary for Oceans 
                and Atmosphere without further appropriation for 
                expenses incurred by, and activities related to, 
                preparedness, response, restoration, and damage 
                assessment capabilities of the National Oceanic and 
                Atmospheric Administration;
                    ``(C) not more than $20,000,000 in each fiscal year 
                shall be available to the Under Secretary for Oceans 
                and Atmosphere for the research and development of 
                technologies identified by the Office of Response and 
                Restoration of the National Oceanic and Atmospheric 
                Administration as beneficial for prevention, removal, 
                and enforcement related to oil discharges;''.

SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION 
              REVOLVING FUND IN INTEREST-BEARING OBLIGATIONS.

    The Secretary of the Treasury shall invest such a portion of the 
amounts in the Damage Assessment and Restoration Revolving Fund 
described in title I of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act of 1991 
(33 U.S.C. 2706 note) as is not required to meet current withdrawals, 
as determined by the Secretary, in interest-bearing obligations of the 
United States in accordance with section 9602 of the Internal Revenue 
Code of 1986.

SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended adding at the end the following new section:

``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND 
              PLANNING.

    ``(a) Grants to States.--The Secretary may make grants to eligible 
coastal states--
            ``(1) to revise management programs approved under section 
        306 and National Estuarine Research Reserves approved under 
        section 315 to identify and implement new enforceable policies 
        and procedures to ensure sufficient response capabilities at 
        the State level to address the environmental, economic and 
        social impacts of oil spills or other accidents resulting from 
        Outer Continental Shelf energy activities with the potential to 
        affect and land or water use or natural resource of the coastal 
        zone; and
            ``(2) to review and revise where necessary applicable 
        enforceable policies within approved coastal State management 
        programs affecting coastal energy activities and energy to 
        ensure that these policies are consistent with--
                    ``(A) other emergency response plans and policies 
                developed under Federal or State law; and
                    ``(B) new policies and procedures developed under 
                paragraph (1).
    ``(b) Elements.--New enforceable policies and procedures developed 
by coastal states with grants awarded under this section shall 
consider, but not be limited to--
            ``(1) other existing emergency response plans, procedures 
        and enforceable policies developed under other Federal or State 
        law that affect the coastal zone;
            ``(2) identification of critical infrastructure essential 
        to facilitate spill or accident response activities;
            ``(3) identification of coordination, logistics and 
        communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;
            ``(4) inventories of shore locations and infrastructure and 
        equipment necessary to respond to oil spills or other accidents 
        resulting from Outer Continental Shelf energy activities;
            ``(5) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, or aesthetic 
        values;
            ``(6) inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development; and
            ``(7) other information or actions as may be necessary.
    ``(c) Guidelines.--The Secretary shall, within 180 days after the 
date of enactment of this section and after consultation with the 
coastal states, publish guidelines for the application for and use of 
grants under this section.
    ``(d) Participation.--Coastal states shall provide opportunity for 
public participation in developing new enforceable policies and 
procedures under this section pursuant to subsections (d)(1) of (e) of 
section 306, especially by relevant Federal agencies, other coastal 
state agencies, local governments, regional organizations, port 
authorities, and other interested parties and stakeholders, public and 
private, that are related to, or affected by Outer Continental Shelf 
energy activities.
    ``(e) Annual Grants.--
            ``(1) In general.--For each of fiscal years 2011 through 
        2015, the Secretary may make a grant to a coastal state to 
        develop new enforceable policies and procedures as required 
        under this section.
            ``(2) Grant amounts and limit on awards.--The amount of any 
        grant to any one coastal state under this section shall not 
        exceed $750,000 for any fiscal year.
            ``(3) No state matching contribution required.--A coastal 
        state shall not be required to contribute any portion of the 
        cost of a grant awarded under this section.
            ``(4) Secretarial review and limit on awards.--After an 
        initial grant is made to a coastal state under this section, no 
        subsequent grant may be made to that coastal state under this 
        section unless the Secretary finds that the coastal state is 
        satisfactorily developing revisions to address offshore energy 
        impacts. No coastal state is eligible to receive grants under 
        this section for more than 2 fiscal years.
    ``(f) Applicability.--The requirements of this section shall only 
apply if appropriations are provided to the Secretary to make grants 
under this section to enable States to develop new or revised 
enforceable policies and procedures. Further, this section shall not be 
construed to convey any new authority to any coastal state, or repeal 
or supersede any existing authority of any coastal state, to regulate 
the siting, licensing, leasing, or permitting of alternative energy 
facilities in areas of the Outer Continental Shelf under the 
administration of the Federal Government. Nothing in this section 
repeals or supersedes any existing coastal state authority.
    ``(g) Assistance by the Secretary.--The Secretary shall, as 
authorized under section 310(a) and to the extent practicable, make 
available to coastal states the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal states to prepare revisions to approved 
management programs to meet the requirements under this section.''.

SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL MONITORING AND 
              RESEARCH PROGRAM.

    (a) Environmental Monitoring and Research Program Required.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act and subject to the availability of 
        appropriations or other sources of funding, the Secretary 
        shall, acting through the Under Secretary for Oceans and 
        Atmosphere, establish and carry out a long-term marine 
        environmental monitoring and research program for the marine 
        and coastal environment of the Gulf of Mexico to ensure that 
        the Federal Government has independent, peer-reviewed 
        scientific data and information to assess long-term direct and 
        indirect impacts on trust resources located in the Gulf of 
        Mexico and Southeast region resulting from the oil spill caused 
        by the mobile offshore drilling unit Deepwater Horizon.
            (2) Period of program.--The Secretary shall carry out the 
        program required by paragraph (1) during the 10-year period 
        beginning on the date of the commencement of the program. The 
        Secretary may extend such period upon a determination by the 
        Secretary that additional monitoring and research is warranted.
    (b) Scope of Program.--The program established under subsection (a) 
shall include the following:
            (1) Monitoring and research of the physical, chemical, and 
        biological characteristics of the affected marine, coastal, and 
        estuarine areas of the Gulf of Mexico and other regions of the 
        exclusive economic zone of the United States and adjacent 
        regions affected by the oil spill caused by the mobile offshore 
        drilling unit Deepwater Horizon.
            (2) The fate, transport, and persistence of oil released 
        during the spill and spatial distribution throughout the water 
        column, including in-situ burn residues.
            (3) The fate, transport, and persistence of chemical 
        dispersants applied in-situ or on surface waters.
            (4) Identification of lethal and sub-lethal impacts to 
        shellfish, fish, and wildlife resources that utilize habitats 
        located within the affected region.
            (5) Impacts to regional, State, and local economies that 
        depend on the natural resources of the affected area, including 
        commercial and recreational fisheries, tourism, and other 
        wildlife-dependent recreation.
            (6) Other elements considered necessary by the Secretary to 
        ensure a comprehensive marine research and monitoring program 
        to comprehend and understand the implications to trust 
        resources caused by the oil spill from the mobile offshore 
        drilling unit Deepwater Horizon.
    (c) Cooperation and Consultation.--In developing the research and 
monitoring program established under subsection (a), the Secretary 
shall--
            (1) coordinate with the United States Geological Survey; 
        and
            (2) consult with--
                    (A) the National Ocean Research Leadership Council 
                established under section 7902 of title 10, United 
                States Code;
                    (B) such representatives from the Gulf coast States 
                and affected countries as the Secretary considers 
                appropriate;
                    (C) academic institutions and other research 
                organizations; and
                    (D) such other experts with expertise in long-term 
                environmental monitoring and research of the marine 
                environment as the Secretary considers appropriate.
    (d) Availability of Data.--Upon review by and approval of the 
Attorney General regarding impacts on legal claims or litigation 
involving the United States, data and information generated through the 
program established under subsection (a) shall be managed and archived 
to ensure that it is accessible and available to governmental and non-
governmental personnel and to the general public for their use and 
information.
    (e) Report.--Not later than 1 year after the date of the 
commencement of the program under subsection (a) and biennially 
thereafter, the Secretary shall submit to Congress a comprehensive 
report--
            (1) summarizing the activities and findings of the program; 
        and
            (2) detailing areas and issues requiring future monitoring 
        and research.
    (f) Definitions.--In this section:
            (1) Gulf coast state.--The term ``Gulf coast State'' means 
        each of the States of Texas, Louisiana, Mississippi, Alabama, 
        and Florida.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Trust resources.--The term ``trust resources'' means 
        the living and non-living natural resources belonging to, 
        managed by, held in trust by, appertaining to, or otherwise 
        controlled by the United States, any State, an Indian Tribe, or 
        a local government.

SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

    (a) In General.--The Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere and in collaboration with 
the heads of other agencies or departments of the United States with 
appropriate Arctic science expertise, 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, including stock assessments of 
                marine mammals and other protected species in the 
                Arctic;
                    (B) identification of ecological important areas, 
                sensitive 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 planning and restoration 
                implementation; 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.

    TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

SEC. 201. SECRETARY DEFINED.

    In this title, except as otherwise specifically provided, the term 
``Secretary'' means the Secretary of the Secretary of the Department in 
which the Coast Guard is operating.

SEC. 202. 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 the following:
            (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.
            (8) The integration of local and traditional knowledge and 
        concerns into prevention and response strategies.

SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT.

    (a) In General.--The Secretary shall require all response plans 
approved by the Coast Guard under section 311(j) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)) to be updated not less often 
than once every five years.
    (b) Best Available Technology.--Each response plan update required 
by subsection (a) shall utilize the best commercially available 
technology and methods to contain and remove to the maximum extent 
practicable a worst case discharge (including a discharge resulting 
from fire or explosion), and to mitigate or prevent a substantial 
threat of such a discharge.
    (c) Technology Standards.--The Coast Guard may establish 
requirements and guidance for utilizing the best commercially available 
technology and methods, which shall be based on performance metrics and 
standards whenever practicable.
    (d) Resubmission.--Each update required by subsection (a) shall be 
considered a significant change requiring it to be resubmitted for 
approval by the Coast Guard.

SEC. 204. ADVANCE PLANNING AND PROMPT DECISIONMAKING IN CLOSING AND 
              REOPENING FISHING GROUNDS.

    (a) Requirement That Area Contingency Plans Contain Area-Specific 
Protocols and Standards.--
            (1) Cooperation with state and local officials.--Section 
        311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33 
        U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the semicolon 
        after ``wildlife'' and inserting a comma and ``including 
        advance planning with respect to the closing and reopening of 
        fishing grounds following an oil spill;''.
            (2) Framework.--Section 311(j)(4)(C) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
                    (A) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively; and
                    (B) by inserting after clause (vi) the following:
                            ``(vii) develop a framework for advance 
                        planning and decisionmaking with respect to the 
                        closing and reopening of fishing grounds 
                        following an oil spill, including protocols and 
                        standards for the closing and reopening of 
                        fishing areas;''.
    (b) National Guidance.--Section 311(j)(4)(D) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
            (1) in clause (i) by striking ``and'' at the end;
            (2) in clause (ii) by striking the period and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                            ``(iii) acting through the Commandant of 
                        the Coast Guard and in consultation with the 
                        Under Secretary for Oceans and Atmosphere and 
                        any other government entities deemed 
                        appropriate, issue guidance for Area Committees 
                        to use in developing a framework for advance 
                        planning and decisionmaking with respect to the 
                        closing and reopening of fishing grounds 
                        following an oil spill, which guidance shall 
                        include model protocols and standards for the 
                        closing and reopening of fishing areas.''.

SEC. 205. OIL SPILL TECHNOLOGY EVALUATION.

    (a) In General.--The Secretary shall establish a program for the 
formal evaluation and validation of oil pollution containment and 
removal methods and technologies.
    (b) Approval.--The program required by subsection (a) shall 
establish a process for new methods and technologies to be submitted, 
evaluated, and gain validation for use in spill responses and inclusion 
in response plans. Following each validation, the Secretary shall 
consider whether the method or technology meets a performance 
capability warranting designation of a new standard for best available 
technology or methods.
    (c) Technology Clearinghouse.--All technologies and methods 
validated under this section shall be included in the comprehensive 
list of spill removal resources maintained by the Coast Guard through 
the National Response Unit.
    (d) Consultation.--The Secretary shall consult with the Secretary 
of the Interior, the Under Secretary for Oceans and Atmosphere, the 
Administrator of the Environmental Protection Agency, and the Secretary 
of Transportation in carrying out this section.

SEC. 206. COAST GUARD INSPECTIONS.

    (a) In General.--The Secretary shall increase the frequency and 
comprehensiveness of safety inspections of all United States and 
foreign-flag tank vessels that enter a United States port or place, 
including increasing the frequency and comprehensiveness of inspections 
of vessel age, hull configuration, and past violations of any 
applicable discharge and safety regulations under United States and 
international law that may indicate that the class societies inspecting 
such vessels may be substandard, and other factors relevant to the 
potential risk of an oil spill.
    (b) Enhanced Verification of Structural Condition.--The Secretary 
shall adopt, as part of the Secretary's inspection requirements for 
tank vessels, additional procedures for enhancing the verification of 
the reported structural condition of such vessels, taking into account 
the Condition Assessment Scheme adopted by the International Maritime 
Organization by Resolution 94(46) on April 27, 2001.

SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS.

    Chapter 33 of title 46, United States Code, is amended--
            (1) in section 3301, by adding at the end the following:
            ``(16) vessels and other structures, fixed or floating, 
        including those which dynamically hold position or are attached 
        to the seabed or subsoil, which are capable of exploring for, 
        drilling for, developing, or producing oil or gas.''; and
            (2) in section 3305(a)(1)--
                    (A) by amending subparagraph (E) to read as 
                follows:
                    ``(E) is in a condition to be operated with safety 
                to life and property, which including the operation of 
                systems used for the capabilities described in 
                paragraph (16) of section 3301, including--
                            ``(i) drilling systems, including risers 
                        and blow out preventers; and
                            ``(ii) production systems, if so 
                        equipped;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding the following:
                    ``(G) for vessels and other structures described in 
                paragraph (16) of section 3301 (including the systems 
                used for the capabilities described in paragraph (16) 
                of section 3301), complies with the highest 
                classification, certification, rating, and inspection 
                standards for vessels or structures of the same age and 
                type imposed by--
                            ``(i) the American Bureau of Shipping; or
                            ``(ii) another classification society 
                        approved by the Secretary as meeting acceptable 
                        standards for such a society, except that the 
                        classification of vessels or structures under 
                        this section by a foreign classification 
                        society may be accepted by the Secretary only--
                                    ``(I) to the extent that the 
                                government of the foreign country in 
                                which the society is headquartered 
                                accepts classification by the American 
                                Bureau of Shipping of vessels and 
                                structures used in the offshore 
                                exploration, development, and 
                                production of oil and gas in that 
                                country; and
                                    ``(II) if the foreign 
                                classification society has offices and 
                                maintains records in the United 
                                States.''.

SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

    (a) Designation of At-Risk Areas.--The Commandant of the Coast 
Guard, in consultation the Under Secretary for Oceans and Atmosphere, 
shall identify areas in waters subject to the jurisdiction of the 
United States in which routing or other navigational measures are 
warranted to reduce the risk of oil spills and potential damage to 
natural resources. In identifying such areas, the Commandant shall give 
priority consideration to natural resources of particular ecological 
importance or economic importance, including--
            (1) commercial fisheries;
            (2) aquaculture facilities;
            (3) marine sanctuaries designated by the Secretary of 
        Commerce pursuant to the National Marine Sanctuaries Act (16 
        U.S.C. 1431 et seq.);
            (4) estuaries of national significance designated under 
        section 320 of the Federal Water Pollution Control Act (33 
        U.S.C. 1330);
            (5) critical habitat, as defined in section 3(5) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532(5));
            (6) estuarine research reserves within the National 
        Estuarine Research Reserve System established by section 315 of 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); and
            (7) national parks and national seashores administered by 
        the National Park Service under the National Park Service 
        Organic Act (16 U.S.C. 1 et seq.).
    (b) Factors Considered.--In determining whether navigational 
measures are warranted for an area under subsection (a), the Commandant 
and the Under Secretary for Oceans and Atmosphere shall consider, at a 
minimum--
            (1) the frequency of transits of vessels which are required 
        to prepare a response plan under section 311(j) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321(j));
            (2) the type and quantity of oil transported as cargo or 
        fuel;
            (3) the expected benefits of routing measures in reducing 
        risks of spills;
            (4) the costs of such measures;
            (5) the safety implications of such measures; and
            (6) the nature and value of the resources to be protected 
        by such measures.
    (c) Establishment of Routing and Other Navigational Measures.--The 
Commandant shall establish such routing or other navigational measures 
for areas identified under subsection (a).
    (d) Establishment of Areas To Be Avoided.--To the extent that the 
Commandant and the Under Secretary for Oceans and Atmosphere identify 
areas in which navigational measures are warranted for an area under 
subsection (a), the Secretary and the Under Secretary shall seek to 
establish such areas through the International Maritime Organization or 
establish comparable areas pursuant to regulations and in a manner that 
is consistent with international law.
    (e) Oil Shipment Data and Report.--
            (1) Data collection.--The Commandant of the Coast Guard, in 
        consultation with the Chief of Engineers, shall analyze data on 
        oil transported as cargo on vessels in the navigable waters of 
        the United States, including information on--
                    (A) the quantity and type of oil being transported;
                    (B) the vessels used for such transportation;
                    (C) the frequency with which each type of oil is 
                being transported; and
                    (D) the point of origin, transit route, and 
                destination of each such shipment of oil.
            (2) Quarterly report.--
                    (A) Requirement for quarterly report.--The 
                Secretary shall, not less frequently than once each 
                calendar quarter, submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on the data collected and 
                analyzed under paragraph (1).
                    (B) Format.--Each report submitted under 
                subparagraph (A) shall be submitted in a format that 
                does not disclose information exempted from disclosure.

SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS.

    (a) In General.--A State may, by law, require a person to provide 
notice of 24 hours or more to the State and to the Coast Guard prior to 
transferring oil in bulk as cargo in an amount equivalent to 250 
barrels or more to, from, or within a vessel in State waters.
    (b) Coast Guard Assistance.--The Commandant of the Coast Guard may 
assist a State in developing appropriate methodologies for joint 
Federal and State notification of an oil transfer described in 
subsection (a) to minimize any potential burden to vessels.

SEC. 210. GULF OF MEXICO REGIONAL CITIZENS ADVISORY COUNCIL.

    (a) In General.--Subtitle A of title IV of the Oil Pollution Act of 
1990 is amended by inserting after section 4118 (33 U.S.C. 1203 note) 
the following:

``SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    ``(a) Establishment.--There is established a Gulf of Mexico 
Regional Citizens' Advisory Council (referred to in this section as the 
`Council').
    ``(b) Membership.--The Council shall be composed of voting members 
and nonvoting members, as follows:
            ``(1) Voting members.--Each of the States of Alabama, 
        Florida, Louisiana, Mississippi, and Texas shall each have 6 
        voting members on the Council who shall be residents of the 
        State and appointed by the Governor of the State from a list of 
        nominees provided by each of the following interests in the 
        State, such that each interest in each State is represented by 
        a voting member:
                    ``(A) Commercial fin fish and shellfish industry.
                    ``(B) Charter fishing industry.
                    ``(C) Restaurant, hotel, and tourism industries.
                    ``(D) Indigenous peoples communities.
                    ``(E) Marine and coastal conservation community.
                    ``(F) Incorporated and unincorporated 
                municipalities.
            ``(2) Nonvoting members.--One ex-officio, nonvoting 
        representative shall be designated by, and represent, each of 
        the following:
                    ``(A) The Coast Guard.
                    ``(B) The Environmental Protection Agency.
                    ``(C) The National Oceanic and Atmospheric 
                Administration.
                    ``(D) The Bureau of Ocean Energy Management, 
                Regulation and Enforcement.
                    ``(E) The lead maritime environmental and natural 
                resources management and enforcement agency from each 
                of the States of Alabama, Florida, Louisiana, 
                Mississippi, and Texas.
    ``(c) Terms.--
            ``(1) In general.--The voting members of the Council shall 
        be appointed for a term of 3 years.
            ``(2) Initial appointments.--For the terms of the group of 
        first appointments of voting members to the Council, a drawing 
        of lots among the appointees shall be conducted under which--
                    ``(A) \1/3\ of that group shall serve for 3 years;
                    ``(B) \1/3\ of that group shall serve for 2 years; 
                and
                    ``(C) the remainder of that group shall serve for 1 
                year.
            ``(3) Duration of council.--The duration of the Council 
        shall be throughout the lifetime of energy development, 
        transportation, and facility removal activities in the Gulf of 
        Mexico.
    ``(d) Administration.--
            ``(1) In general.--The Council shall--
                    ``(A) elect a chairperson;
                    ``(B) select staff; and
                    ``(C) make policies with regard to internal 
                operating procedures.
            ``(2) Self-governance.--After the initial organizational 
        meeting hosted by the Secretary of the department in which the 
        Coast Guard is operating, the Council shall be self-governing.
            ``(3) Transparency.--The Council shall--
                    ``(A) conduct the operations of the Council in 
                public, to the maximum extent practicable; and
                    ``(B) make the work products the Council adopts 
                available to the public.
            ``(4) Conflicts of interest.--An individual selected as a 
        voting member of the Council may not engage in any activity 
        that may conflict with the execution of the functions or duties 
        of the individual as a Council member.
    ``(e) Duties.--
            ``(1) In general.--The Council shall, with regard to 
        facilities and tank vessels in, and on the coast of, the Gulf 
        of Mexico--
                    ``(A) with regard to facilities and tank vessels 
                in, and on the coast of, the Gulf of Mexico--
                            ``(i) provide comprehensive oversight and 
                        monitoring of policies, permits, and 
                        regulations relating to the activities, 
                        operation, and maintenance of the facilities 
                        and tank vessels;
                            ``(ii) monitor the environmental impacts of 
                        the operation of the facilities and tank 
                        vessels;
                            ``(iii) monitor oil spill prevention and 
                        response plans, including plans relating to 
                        blowout prevention and response, for the 
                        facilities and tank vessels; and
                            ``(iv) recommend standards and conditions 
                        for regulations intended to ensure the safe and 
                        environmentally sound operation and maintenance 
                        of the facilities and tank vessels;
                    ``(B) provide recommendations for, and otherwise 
                assist, any oil spill recovery or spill research 
                institute established for the Gulf of Mexico; and
                    ``(C) conduct such other activities within the 
                authority and scope of the Council as the Council 
                considers appropriate.
            ``(2) Geographic scope.--The Council shall carry out the 
        duties described in paragraph (1) in a manner that, to the 
        maximum extent practicable, covers all activities of facilities 
        and tank vessels occurring in the Gulf of Mexico.
    ``(f) Standing Committees.--The Council may create standing 
committees as necessary to carry out the duties described in subsection 
(e), including--
            ``(1) a scientific and technical committee;
            ``(2) an environmental monitoring committee;
            ``(3) an oil spill prevention and response committee;
            ``(4) an offshore committee for monitoring activities in 
        water that is more than 500 feet in depth;
            ``(5) a near-shore committee for monitoring activities in 
        water that is 500 feet or less in depth;
            ``(6) an information and education committee; and
            ``(7) a committee on social impact assessments: prevention, 
        mitigation and response.
    ``(g) Temporary Committees.--
            ``(1) In general.--In addition to the standing committees 
        authorized to be created in subsection (f), the Council may 
        create temporary committees as necessary to carry out the 
        duties of the Council relating to--
                    ``(A) the blowout and explosion of the mobile 
                offshore drilling unit Deepwater Horizon that occurred 
                on April 20, 2010; and
                    ``(B) the resulting hydrocarbon releases into the 
                environment, including temporary committees relating 
                to--
                            ``(i) public and occupational health; and
                            ``(ii) assessment and monitoring of 
                        environmental, social and economic impacts.
            ``(2) Dissolution.--If a \2/3\ majority of the Council 
        votes to discontinue activities relating to the incidents 
        described in paragraph (1), any temporary committee established 
        under paragraph (1) shall dissolve within 60 days after the 
        date of the vote.
    ``(h) Estoppel.--
            ``(1) In general.--The Council shall not be liable under 
        Federal or State law for costs or damages as a result of 
        rendering recommendations under this section.
            ``(2) Advice.--Any advice given by a voting member of the 
        Council, or by a program representative or agent, shall not be 
        grounds for estopping those interests represented by the voting 
        Council members from seeking damages or other appropriate 
        relief.
    ``(i) Information From Federal Agencies and Industry.--
            ``(1) In general.--The Council may request directly from 
        any Federal agency (as defined in section 1004 of the Solid 
        Waste Disposal Act (42 U.S.C. 6903)) (referred to in this 
        section as a `Federal agency') information, suggestions, 
        estimates, and statistics for the purposes of this section.
            ``(2) Agency cooperation.--
                    ``(A) In general.--Effective beginning 180 days 
                after the date of enactment of this section, each 
                Federal agency shall, with respect to all permits, 
                site-specific regulations, and other matters governing 
                the activities and actions within the purview of the 
                Council, consult with the Council prior to taking 
                substantive action with respect to the permit, site-
                specific regulation, or other matter.
                    ``(B) Review.--The consultation shall be carried 
                out in a manner that enables the Council--
                            ``(i) to review the permit, site-specific 
                        regulation, or other matters; and
                            ``(ii) to make appropriate recommendations 
                        regarding operations, policy, or agency 
                        actions.
                    ``(C) Emergencies.--Prior consultation shall not be 
                required under this paragraph if an authorized Federal 
                agency representative reasonably believes that an 
                emergency exists requiring action without delay.
                    ``(D) Information.--Each Federal agency shall, on 
                the request of the Council, to the extent authorized by 
                law, furnish information, suggestions, estimates, and 
                statistics directly to the Council.
            ``(3) Access.--The Council shall have access to oil and gas 
        industry facilities and records that are relevant to the proper 
        execution of the duties of the Council under this section.
    ``(j) Council Research.--In carrying out this section, the 
Council--
            ``(1) may conduct applicable scientific research; and
            ``(2) shall review applicable scientific work undertaken by 
        or on behalf of--
                    ``(A) the energy industry;
                    ``(B) the conservation community; or
                    ``(C) government agencies.
    ``(k) Council Recommendations.--
            ``(1) In general.--All recommendations of the Council shall 
        be advisory only.
            ``(2) Recommendations.--If a government agency, responsible 
        party, or other owner or operator, lessee, or permittee 
        (referred to in this paragraph as the `covered individual or 
        entity') decides not to accept, or decides to substantially 
        modify before adoption, a recommendation of the Council, the 
        covered individual or entity shall provide to the Council, not 
        later than 10 days after the date of the decision of the 
        covered individual or entity, a written notice of the decision 
        and a summary of reasons for the rejection or substantial 
        modification of the recommendation by the covered individual or 
        entity.
    ``(l) Location and Compensation.--
            ``(1) Office locations.--The Council shall establish 
        offices in 1 or more Gulf States, as the Council determines to 
        be necessary and appropriate to the operations of the Council.
            ``(2) Per diem authorization.--A member of the Council may 
        not be compensated for service on the Council, but shall be 
        allowed travel expenses, including per diem, at a rate 
        established by the Council, not to exceed the rates authorized 
        for employees of agencies under sections 5702 and 5703 of title 
        5, United States Code (except by express authorization of the 
        Council in any case in which the rates are inadequate to 
        reimburse a member not eligible for travel rates of the Federal 
        Government).
    ``(m) Reports.--
            ``(1) GAO reports.--Not later than 3 years after the date 
        of establishment of the Council and every 3 years thereafter, 
        the Comptroller General of the United States shall submit to 
        the President and Congress a report covering the operations and 
        expenditures of the Council in carrying out this section, 
        including any recommendations.
            ``(2) Biennial reports to congress.--Every 2 years, the 
        Council shall submit a report to Congress on--
                    ``(A) the achievement of safe operations in the 
                Gulf of oil and gas activities; and
                    ``(B) on the operations and expenditures, needs, 
                problems, issues, and recommendations of the Council.
            ``(3) Annual audits.--
                    ``(A) In general.--The Council shall--
                            ``(i) commission an annual independent 
                        financial statement audit by an independent 
                        accounting firm; and
                            ``(ii) publish the results of the audits in 
                        a publicly available annual report.
                    ``(B) Biennial reports.--The audits shall be 
                incorporated into the reports to Congress required by 
                paragraph (2).
    ``(n) Suits Barred.--No program, association, council, committee, 
or other organization created by this section may sue any public or 
private person or entity concerning any matter arising under this 
section other than the performance of a contracts.
    ``(o) Operational and Administrative Funding.--Owners or operators 
of tank vessels, onshore facilities, or offshore facilities, lessees, 
and permittees in the Gulf of Mexico shall provide, on an annual basis, 
an aggregate amount of not more than $10,000,000, as determined by the 
Secretary of the department in which the Coast Guard is operating, that 
shall--
            ``(1) provide for the establishment and operation of the 
        Council (including standing committees and any temporary 
        committees); and
            ``(2) be adjusted annually to reflect changes in the 
        Consumer Price Index in the Gulf of Mexico region.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by adding 
at the end of the items relating to title IV the following:

``Sec. 4119. Gulf of Mexico Regional Citizens' Advisory Council.''.

SEC. 211. VESSEL LIABILITY.

    Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(a)) is amended by striking paragraph (1) and inserting the 
following:
            ``(1) for a vessel that is--
                    ``(A) a tank ship that is a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $3,300 per gross ton or 
                $93,600,000, whichever is greater;
                    ``(B) a tank ship that is a double-hull vessel, 
                $1,900 per gross ton or $16,000,000, whichever is 
                greater;
                    ``(C) a tank barge that is a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $7,000 per gross ton or 
                $29,100,000, whichever is greater; or
                    ``(D) a tank barge that is a double-hull vessel, 
                $7,000 per gross ton or $36,900,000, whichever is 
                greater;''.

SEC. 212. COAST GUARD RESEARCH AND DEVELOPMENT.

    Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)(A)) is amended--
            (1) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''; and
            (2) by striking the semicolon at the end and inserting ``, 
        of which amount not less than 40 percent shall be used to 
        conduct research, development, and evaluation of oil spill 
        response and removal technologies and methods;''.

SEC. 213. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE CASUALTIES.

    Section 6101 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(j) Notice to States and Tribal Governments.--
            ``(1) Requirement to notify.--Not later than 1 hour after 
        receiving a report of a marine casualty under this section, the 
        Secretary shall forward the report to each appropriate State 
        agency and tribal government of an Indian tribe (as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b)) that has jurisdiction 
        concurrent with the United States or adjacent to waters in 
        which the marine casualty occurred.
            ``(2) Appropriate state agency.--Each State shall identify 
        for the Secretary the appropriate State agency to receive a 
        report under paragraph (1). Such agency shall be responsible 
        for forwarding appropriate information related to such report 
        to local and tribal governments within the State.''.

SEC. 214. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

    (a) In General.--In any response to an oil spill in which the 
Commandant of the Coast Guard serves as the Federal On-Scene 
Coordinator leading a Unified Command, the Commandant, on a publicly 
accessible Web site, all written Incident Action Plans prepared and 
approved as a part of the response to such oil spill.
    (b) Timeliness and Duration.--The Commandant shall--
            (1) publish each Incident Action Plan pursuant to 
        subsection (a) promptly after such Plan is approved for 
        implementation by the Unified Command, and in no event later 
        than 12 hours into the operational period for which such Plan 
        is prepared; and
            (2) ensure that such plan remains remain publicly 
        accessible by Web site for the duration of the response to oil 
        spill.
    (c) Redaction of Personal Information.--The Commandant may redact 
information from an Incident Action Plans published pursuant to 
subsection (a) to the extent necessary to comply with applicable 
privacy laws and other requirements regarding personal information.

            TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVITIES WITH RESPECT TO 
              OIL SPILL SURVEYS.

    (a) Development of National Protocols for Oil Spill Surveys.--Not 
later than 270 days after the date of the enactment of this Act, the 
Under Secretary for Oceans and Atmosphere shall, in coordination with 
the Secretary of Homeland Security, the Administrator of the 
Environmental Protection Agency, and the heads of such departments and 
agencies of State governments as the Under Secretary considers 
appropriate, develop standard national protocols for oil spill response 
and clean up assessments to promote consistent procedures for 
collecting shoreline characterization data.
    (b) Guidance and Tools for Application of National Protocols for 
Oil Spill Surveys.--The Under Secretary shall develop guidance and 
tools for oil spill responders and offer instructional courses to 
ensure that the protocols developed under subsection (a) are used 
during oil spill responses in the waters of the United States.

SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION, COAST GUARD, AND DEPARTMENT OF INTERIOR 
              ON OIL SPILL MATTERS.

    (a) Outer Continental Shelf Leasing Program.--Section 18 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
            (1) in subsection (c)(1), by inserting ``the Secretary of 
        Commerce, the Secretary of the department in which the Coast 
        Guard is operating, and'' before ``the Attorney General,''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``program,'' in 
                the first sentence and all that follows through the end 
                of the paragraph and inserting ``program--
                    ``(A) the Attorney General may, after consultation 
                with the Federal Trade Commission, submit comments on 
                the anticipated effects of the proposed program on 
                competition;
                    ``(B) the Secretary of Commerce may submit comments 
                on the anticipated effects of the proposed program on 
                the human, marine, and coastal environments, including 
                the likelihood of occurrence and potential severity of 
                spills and chronic pollution;
                    ``(C) the Secretary of the department in which the 
                Coast Guard is operating may submit comments on the 
                adequacy of the response capabilities of the Federal 
                Government for spills and chronic pollution that may 
                occur as a result of the proposed program; and
                    ``(D) any State, local government, or other person 
                may submit comments and recommendations as to any 
                aspect of the proposed program.''; and
                    (B) in the second sentence in paragraph (2), by 
                striking ``Attorney General'' and inserting ``Attorney 
                General, the Secretary of Commerce, the Secretary of 
                the department in which the Coast Guard is 
                operating,''.
    (b) Environmental Studies.--Section 20(f) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346(f)) is amended--
            (1) by striking ``(f) In executing'' and inserting the 
        following:
            ``(1) In general.--In executing''; and
            (2) by adding at the end the following:
            ``(2) National oceanic and atmospheric administration.--
                    ``(A) In general.--In addition to any other 
                requirement under law, the Secretary shall, prior to 
                the approval of any program, lease, exploration plan, 
                or development and production plan, consult with the 
                Administrator of the National Oceanic and Atmospheric 
                Administration (referred to in this paragraph as the 
                `Administrator') on the reasonably foreseeable adverse 
                effects of the proposed action to ocean and coastal 
                resources, including oil spills.
                    ``(B) Initiation of consultation.--
                            ``(i) In general.--The Secretary shall 
                        initiate consultation under subparagraph (A) at 
                        the earliest practicable time, but in no case 
                        later than 90 days before the date of approval 
                        of the proposed action.
                            ``(ii) Provision of information.--On the 
                        initiation of consultation, the Secretary shall 
                        provide the Administrator with information 
                        describing the nature, location, and duration 
                        of the proposed action, and a description of 
                        all reasonably foreseeable adverse effects to 
                        ocean and coastal resources.
                    ``(C) Alternatives.--
                            ``(i) In general.--At any time prior to the 
                        date that is 45 days before the approval of the 
                        proposed action, the Administrator may 
                        recommend alternatives to any proposed action, 
                        including measures that will prevent or 
                        minimize reasonably foreseeable adverse effects 
                        to ocean and coastal resources.
                            ``(ii) Secretarial action.--The Secretary 
                        shall incorporate into the approval for the 
                        proposed action the alternatives or mitigation 
                        measures recommended under clause (i), unless 
                        the Secretary--
                                    ``(I) determines that the 
                                alternatives or mitigation measures are 
                                not necessary to prevent or minimize 
                                reasonably foreseeable adverse effects 
                                to marine and coastal resources; and
                                    ``(II) notifies the Administrator 
                                in writing of the reasons for that 
                                decision.''.

SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the Federal Oil Spill Research Committee (in this section referred to 
as the ``Committee'').
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of 
        members selected by the Under Secretary for Oceans and 
        Atmosphere to represent the following:
                    (A) The National Oceanic and Atmospheric 
                Administration.
                    (B) The Coast Guard.
                    (C) The Environmental Protection Agency.
                    (D) Such other Federal agencies as the Under 
                Secretary considers appropriate.
            (2) Chairperson.--The Under Secretary shall designate a 
        Chairperson from among members of the Committee who represent 
        the National Oceanic and Atmospheric Administration.
    (c) Duties of the Committee.--
            (1) Research.--The Committee shall--
                    (A) coordinate a comprehensive program of oil 
                pollution research, technology development, and 
                demonstration among the Federal agencies, in 
                cooperation and coordination with industry, 
                universities, research institutions, State and local 
                governments, tribal governments, and other nations, as 
                the Committee considers appropriate; and
                    (B) foster cost-effective research mechanisms, 
                including the joint funding of research.
            (2) Reports on current state of oil spill prevention and 
        response capabilities.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Committee shall 
                submit to Congress a report on the current state of oil 
                spill prevention and response capabilities that--
                            (i) identifies current research programs 
                        conducted by governments, universities, and 
                        corporate entities;
                            (ii) assesses the current status of 
                        knowledge on oil pollution prevention, 
                        response, and mitigation technologies;
                            (iii) establishes national research 
                        priorities and goals for oil pollution 
                        technology development related to prevention, 
                        response, mitigation, and environmental 
                        effects;
                            (iv) identifies regional oil pollution 
                        research needs and priorities for a coordinated 
                        program of research at the regional level 
                        developed in consultation with State and local 
                        governments and tribes;
                            (v) assesses the current state of spill 
                        response equipment, and determines areas in 
                        need of improvement including amount, age, 
                        quality, effectiveness, or necessary 
                        technological improvements;
                            (vi) assesses the current state of real 
                        time data available to mariners, including 
                        water level, currents and weather information 
                        and predictions, and assesses whether lack of 
                        timely information increases the risk of oil 
                        spills;
                            (vii) assesses the capacity of the National 
                        Oceanic and Atmospheric Administration to 
                        respond to, and restore, and rehabilitate 
                        marine sanctuaries, monuments, sea turtles, and 
                        other protected species;
                            (viii) establishes goals for improved oil 
                        spill prevention and response upon which to 
                        target research for the following 5-year period 
                        before the next report is submitted under 
                        subparagraph (B); and
                            (ix) includes such recommendations as the 
                        Committee considers appropriate.
                    (B) Quinquennial updates.--The Committee shall 
                submit a report every fifth year after its first report 
                under subparagraph (A) updating the information 
                contained in its previous report under this paragraph.
    (d) Research and Development Program.--
            (1) In general.--In carrying out its duties under 
        subsection (c)(1), the Committee shall establish a program for 
        conducting oil pollution research and development.
            (2) Program elements.--The program established under 
        paragraph (1) shall provide for research, development, and 
        demonstration of new or improved technologies which are 
        effective in preventing, detecting, or mitigating oil 
        discharges and which protect the environment, and include the 
        following:
                    (A) High-priority research areas described in the 
                report.
                    (B) Direct and indirect environmental effects of 
                acute and chronic oil spills on marine resources, 
                including impacts on marine sanctuaries, monuments, 
                other protected areas, marine mammals, sea turtles, and 
                other protected species.
                    (C) Monitoring, modeling, and understanding the 
                near- and long-term effects of major spills and long-
                term cumulative effects of smaller endemic spills.
                    (D) New technologies to detect accidental or 
                intentional overboard discharges.
                    (E) Mechanical response capabilities, such as 
                improved booms, oil skimmers, and storage capacity.
                    (F) Methods to respond to, restore, and 
                rehabilitate natural resources and ecosystem health and 
                services damaged by oil discharges, including impacts 
                on marine sanctuaries, monuments, other protected 
                areas, marine mammals, sea turtles, and other protected 
                species..
                    (G) Research and training, in consultation with the 
                National Response Team, to improve industry's and 
                Government's ability to remove an oil discharge quickly 
                and effectively.
            (3) Implementation plan.--
                    (A) In general.--Not later than 180 days after 
                submitting the report to Congress under subsection 
                (c)(2)(A), the Committee shall submit to Congress a 
                plan for the implementation of the program required by 
                paragraph (1).
                    (B) Assessment by national academy of sciences.--
                The Chairperson shall, acting through the National 
                Oceanic and Atmospheric Administration, contract with 
                the National Academy of Sciences to--
                            (i) provide advice and guidance in the 
                        preparation and development of the plan 
                        required by subparagraph (A); and
                            (ii) assess the adequacy of the plan as 
                        submitted, and submit a report to Congress on 
                        the conclusions of such assessment.
    (e) Grant Program in Support of Research and Development Program.--
            (1) In general.--The Under Secretary shall, in consultation 
        with the National Science Foundation, manage a program of 
        competitive grants to universities or other research 
        institutions, or groups of universities or research 
        institutions, for the purposes of conducting the program 
        established under subsection (d).
            (2) Applications and conditions.--In conducting the 
        program, the Under Secretary--
                    (A) shall establish a notification and application 
                procedure;
                    (B) may establish such conditions and require such 
                assurances as may be appropriate to ensure the 
                efficiency and integrity of the grant program; and
                    (C) may make grants under the program on a matching 
                or nonmatching basis.
    (f) Advice and Guidance.--The Committee shall accept comments and 
input from State and local governments, Indian tribes, industry 
representatives, and other stakeholders in carrying out its duties 
under subsection (c).
    (g) Facilitation.--The Committee may develop memoranda of agreement 
or memoranda of understanding with universities, State and local 
governments, or other entities to facilitate the research program 
required by subsection (d).
    (h) Annual Reports.--The Chairperson of the Committee shall submit 
an annual report to Congress on the activities carried out under this 
section in the preceding fiscal year, and on activities proposed to be 
carried out under this section in the current fiscal year.
    (i) Committee Replaces Existing Authority.--The authority provided 
by this section supersedes the authority provided by section 7001 of 
the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of 
the Interagency Committee on Oil Pollution Research under subsection 
(a) of that section, and that Committee shall cease operations and 
terminate on the date of the enactment of this Act.
                                 <all>
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