II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Securing Health for Ocean Resources and Environment 

6 Act’’ or the ‘‘SHORE Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 


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1 TITLE I—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION OIL SPILL RE4 SPONSE, CONTAINMENT, AND 

5 PREVENTION 

6 SEC. 101. IMPROVEMENTS TO NATIONAL OCEANIC AND AT7 MOSPHERIC ADMINISTRATION OIL SPILL RE8 SPONSE, CONTAINMENT, AND PREVENTION. 

9 (a) REVIEW OF ABILITY OF NATIONAL OCEANIC AND

10 ATMOSPHERIC ADMINISTRATION TO RESPOND TO OIL

11 SPILLS.— 

12 (1) COMPREHENSIVE REVIEW REQUIRED.—Not 

13 later than 1 year after the date of the enactment of 

14 this Act, the Under Secretary for Oceans and At15 mosphere shall conduct a comprehensive review of 

16 the current capacity of the National Oceanic and At17 mospheric Administration to respond to oil spills. 

18 (2) ELEMENTS.—The review conducted under 

19 paragraph (1) shall include the following: 

20 (A) A comparison of oil spill modeling re21 quirements with the state-of-the-art oil spill 

22 modeling with respect to near shore and off23 shore areas. 


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1 (B) Development of recommendations on 

2 priorities for improving forecasting of oil spill, 

3 trajectories, and impacts. 

4 (C) An inventory of the products and tools 

5 of the National Oceanic and Atmospheric Ad6 ministration that can aid in assessment of the 

7 potential risk and impacts of oil spills. Such 

8 products and tools may include environmental 

9 sensitivity index maps, the United States Inte10 grated Ocean Observing System, and oil spill 

11 trajectory models. 

12 (D) An identification of the baseline ocean13 ographic and climate data required to support 

14 state of the art modeling. 

15 (E) An assessment of the Administration’s 

16 ability to respond to the effects of an oil spill 

17 on its trust resources, including— 

18 (i) marine sanctuaries, monuments, 

19 and other protected areas; and 

20 (ii) marine mammals, sea turtles, and 

21 other protected species, and efforts to re22 habilitate such species. 

23 (3) REPORT.—Upon completion of the review 

24 required by paragraph (1), the Under Secretary 

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1 cluding the findings of the Under Secretary with re2 spect to such review. 

3 (b) OIL SPILL TRAJECTORY MODELING.—The Under 

4 Secretary for Oceans and Atmosphere shall be responsible 

5 for developing and maintaining oil spill trajectory mod6 eling capabilities for the United States, including taking 

7 such actions as may be required by subsections (c) 

8 through (g). 

9 (c) ENVIRONMENTAL SENSITIVITY INDEX.— 

10 (1) UPDATE.—Beginning not later than 180 

11 days after the date of the enactment of this Act and 

12 not less frequently than once every 7 years there13 after, the Under Secretary shall update the environ14 mental sensitivity index products of the National 

15 Oceanic and Atmospheric Administration for each 

16 coastal area of the United States and for each off17 shore area of the United States that is leased or 

18 under consideration for leasing for offshore energy 

19 production. 

20 (2) EXPANDED COVERAGE.—Not later than 270 

21 days after the date of the enactment of this Act, the 

22 Under Secretary shall, to the maximum extent prac23 ticable, create an environmental sensitivity index 

24 product for each area described in paragraph (1) for 

25 which the National Oceanic and Atmospheric AdVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 ministration did not have an environmental sensi2 tivity index product on the day before the date of 

3 the enactment of this Act. 

4 (3) ENVIRONMENTAL SENSITIVITY INDEX

5 PRODUCT DEFINED.—In this subsection, the term 

6 ‘‘environmental sensitivity index product’’ means a 

7 map or similar tool that is utilized to identify sen8 sitive shoreline, coastal or offshore, resources prior 

9 to an oil spill event in order to set baseline priorities 

10 for protection and plan cleanup strategies, typically 

11 including information relating to shoreline type, bio12 logical resources, and human use resources. 

13 (d) SUBSEA HYDROCARBON REVIEW.—Not later 

14 than 120 days after the date of the enactment of this Act, 

15 the Under Secretary shall conduct a comprehensive review 

16 of the current state of the National Oceanic and Atmos17 pheric Administration to monitor, map, and track subsea 

18 hydrocarbons, including a review of the effect of subsea 

19 hydrocarbons and dispersants at varying concentrations 

20 on living marine resources. 

21 (e) NATIONAL INFORMATION CENTER ON OIL

22 SPILLS.—The Under Secretary shall establish a national 

23 information center on oil spills that— 

24 (1) includes scientific information and research 

25 on oil spill preparedness, response, and restoration; 


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1 (2) serves as a single access point for emer2 gency responders for such scientific data; and 

3 (3) provides outreach and utilizes communica4 tion mechanisms to inform partners, the public, and 

5 local communities about the availability of oil spill 

6 preparedness, prevention, response, and restoration 

7 information and services and otherwise improves 

8 public understanding and minimizes impacts of oil 

9 spills. 

10 (f) INITIATIVE ON OIL SPILLS FROM AGING AND

11 ABANDONED OIL INFRASTRUCTURE.—Not later than 270 

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

13 Secretary shall establish an initiative— 

14 (1) to determine the significance, response, fre15 quency, size, potential fate, and potential effects, in16 cluding those on sensitive habitats, of oil spills re17 sulting from aging and abandoned oil infrastructure; 

18 and 

19 (2) to formulate recommendations on how best 

20 to address such spills. 

21 (g) INVENTORY OF OFFSHORE ABANDONED OR

22 SUNKEN VESSELS.—Not later than 270 days after the 

23 date of the enactment of this Act, the Under Secretary 

24 shall develop an inventory of offshore abandoned or sunk25 en vessels in the exclusive economic zone of the United 


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1 States and identify priorities (based on amount of oil, fea2 sibility of oil recovery, fate and effects of oil if released, 

3 and cost-benefit of preemptive action) for potential pre4 emptive removal of oil or other actions that may be effec5 tive to mitigate the risk of oil spills from offshore aban6 doned or sunken vessels. 

7 SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR 

8 EXPENSES OF NATIONAL OCEANIC AND AT9 MOSPHERIC ADMINISTRATION. 

10 Section 1012(a)(5) of the Oil Pollution Act of 1990 

11 (33 U.S.C. 2712(a)(5)) is amended— 

12 (1) by redesignating subparagraphs (B) and 

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

14 (2) by inserting after subparagraph (A) the fol15 lowing: 

16 ‘‘(B) not more than $25,000,000 in each 

17 fiscal year shall be available to the Under Sec18 retary for Oceans and Atmosphere without fur19 ther appropriation for expenses incurred by, 

20 and activities related to, preparedness, re21 sponse, restoration, and damage assessment ca22 pabilities of the National Oceanic and Atmos23 pheric Administration; 

24 ‘‘(C) not more than $20,000,000 in each 

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1 retary for Oceans and Atmosphere for the re2 search and development of technologies identi3 fied by the Office of Response and Restoration 

4 of the National Oceanic and Atmospheric Ad5 ministration as beneficial for prevention, re6 moval, and enforcement related to oil dis7 charges;’’. 

8 SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESS9 MENT AND RESTORATION REVOLVING FUND 

10 IN INTEREST-BEARING OBLIGATIONS. 

11 The Secretary of the Treasury shall invest such a 

12 portion of the amounts in the Damage Assessment and 

13 Restoration Revolving Fund described in title I of the De14 partments of Commerce, Justice, and State, the Judiciary, 

15 and Related Agencies Appropriations Act of 1991 (33 

16 U.S.C. 2706 note) as is not required to meet current with17 drawals, as determined by the Secretary, in interest-bear18 ing obligations of the United States in accordance with 

19 section 9602 of the Internal Revenue Code of 1986. 

20 SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL 

21 PLANNING AND RESPONSE. 

22 The Coastal Zone Management Act of 1972 (16 

23 U.S.C. 1451 et seq.) is amended adding at the end the 

24 following new section: 


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1 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE2 SPONSE AND PLANNING. 

3 ‘‘(a) GRANTS TO STATES.—The Secretary may make 

4 grants to eligible coastal states— 

5 ‘‘(1) to revise management programs approved 

6 under section 306 and National Estuarine Research 

7 Reserves approved under section 315 to identify and 

8 implement new enforceable policies and procedures 

9 to ensure sufficient response capabilities at the State 

10 level to address the environmental, economic and so11 cial impacts of oil spills or other accidents resulting 

12 from Outer Continental Shelf energy activities with 

13 the potential to affect and land or water use or nat14 ural resource of the coastal zone; and 

15 ‘‘(2) to review and revise where necessary appli16 cable enforceable policies within approved coastal 

17 State management programs affecting coastal en18 ergy activities and energy to ensure that these poli19 cies are consistent with— 

20 ‘‘(A) other emergency response plans and 

21 policies developed under Federal or State law; 

22 and 

23 ‘‘(B) new policies and procedures developed 

24 under paragraph (1). 


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1 ‘‘(b) ELEMENTS.—New enforceable policies and pro2 cedures developed by coastal states with grants awarded 

3 under this section shall consider, but not be limited to— 

4 ‘‘(1) other existing emergency response plans, 

5 procedures and enforceable policies developed under 

6 other Federal or State law that affect the coastal 

7 zone; 

8 ‘‘(2) identification of critical infrastructure es9 sential to facilitate spill or accident response activi10 ties; 

11 ‘‘(3) identification of coordination, logistics and 

12 communication networks between Federal and State 

13 government agencies, and between State agencies 

14 and affected local communities, to ensure the effi15 cient and timely dissemination of data and other in16 formation; 

17 ‘‘(4) inventories of shore locations and infra18 structure and equipment necessary to respond to oil 

19 spills or other accidents resulting from Outer Conti20 nental Shelf energy activities; 

21 ‘‘(5) identification and characterization of sig22 nificant or sensitive marine ecosystems or other 

23 areas possessing important conservation, rec24 reational, ecological, historic, or aesthetic values; 


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1 ‘‘(6) inventories and surveys of shore locations 

2 and infrastructure capable of supporting alternative 

3 energy development; and 

4 ‘‘(7) other information or actions as may be 

5 necessary. 

6 ‘‘(c) GUIDELINES.—The Secretary shall, within 180 

7 days after the date of enactment of this section and after 

8 consultation with the coastal states, publish guidelines for 

9 the application for and use of grants under this section. 

10 ‘‘(d) PARTICIPATION.—Coastal states shall provide 

11 opportunity for public participation in developing new en12 forceable policies and procedures under this section pursu13 ant to subsections (d)(1) of (e) of section 306, especially 

14 by relevant Federal agencies, other coastal state agencies, 

15 local governments, regional organizations, port authori16 ties, and other interested parties and stakeholders, public 

17 and private, that are related to, or affected by Outer Con18 tinental Shelf energy activities. 

19 ‘‘(e) ANNUAL GRANTS.— 

20 ‘‘(1) IN GENERAL.—For each of fiscal years 

21 2011 through 2015, the Secretary may make a 

22 grant to a coastal state to develop new enforceable 

23 policies and procedures as required under this sec24 tion. 


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1 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

2 AWARDS.—The amount of any grant to any one 

3 coastal state under this section shall not exceed 

4 $750,000 for any fiscal year. 

5 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE6 QUIRED.—A coastal state shall not be required to 

7 contribute any portion of the cost of a grant award8 ed under this section. 

9 ‘‘(4) SECRETARIAL REVIEW AND LIMIT ON

10 AWARDS.—After an initial grant is made to a coastal 

11 state under this section, no subsequent grant may be 

12 made to that coastal state under this section unless 

13 the Secretary finds that the coastal state is satisfac14 torily developing revisions to address offshore energy 

15 impacts. No coastal state is eligible to receive grants 

16 under this section for more than 2 fiscal years. 

17 ‘‘(f) APPLICABILITY.—The requirements of this sec18 tion shall only apply if appropriations are provided to the 

19 Secretary to make grants under this section to enable 

20 States to develop new or revised enforceable policies and 

21 procedures. Further, this section shall not be construed 

22 to convey any new authority to any coastal state, or repeal 

23 or supersede any existing authority of any coastal state, 

24 to regulate the siting, licensing, leasing, or permitting of 

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1 nental Shelf under the administration of the Federal Gov2 ernment. Nothing in this section repeals or supersedes any 

3 existing coastal state authority. 

4 ‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec5 retary shall, as authorized under section 310(a) and to 

6 the extent practicable, make available to coastal states the 

7 resources and capabilities of the National Oceanic and At8 mospheric Administration to provide technical assistance 

9 to the coastal states to prepare revisions to approved man10 agement programs to meet the requirements under this 

11 section.’’. 

12 SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRON13 MENTAL MONITORING AND RESEARCH PRO14 GRAM. 

15 (a) ENVIRONMENTAL MONITORING AND RESEARCH

16 PROGRAM REQUIRED.— 

17 (1) IN GENERAL.—As soon as practicable after 

18 the date of the enactment of this Act and subject to 

19 the availability of appropriations or other sources of 

20 funding, the Secretary shall, acting through the 

21 Under Secretary for Oceans and Atmosphere, estab22 lish and carry out a long-term marine environmental 

23 monitoring and research program for the marine 

24 and coastal environment of the Gulf of Mexico to en25 sure that the Federal Government has independent, 


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1 peer-reviewed scientific data and information to as2 sess long-term direct and indirect impacts on trust 

3 resources located in the Gulf of Mexico and South4 east region resulting from the oil spill caused by the 

5 mobile offshore drilling unit Deepwater Horizon. 

6 (2) PERIOD OF PROGRAM.—The Secretary shall 

7 carry out the program required by paragraph (1) 

8 during the 10-year period beginning on the date of 

9 the commencement of the program. The Secretary 

10 may extend such period upon a determination by the 

11 Secretary that additional monitoring and research is 

12 warranted. 

13 (b) SCOPE OF PROGRAM.—The program established 

14 under subsection (a) shall include the following: 

15 (1) Monitoring and research of the physical, 

16 chemical, and biological characteristics of the af17 fected marine, coastal, and estuarine areas of the 

18 Gulf of Mexico and other regions of the exclusive 

19 economic zone of the United States and adjacent re20 gions affected by the oil spill caused by the mobile 

21 offshore drilling unit Deepwater Horizon. 

22 (2) The fate, transport, and persistence of oil 

23 released during the spill and spatial distribution 

24 throughout the water column, including in-situ burn 

25 residues. 


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1 (3) The fate, transport, and persistence of 

2 chemical dispersants applied in-situ or on surface 

3 waters. 

4 (4) Identification of lethal and sub-lethal im5 pacts to shellfish, fish, and wildlife resources that 

6 utilize habitats located within the affected region. 

7 (5) Impacts to regional, State, and local econo8 mies that depend on the natural resources of the af9 fected area, including commercial and recreational 

10 fisheries, tourism, and other wildlife-dependent 

11 recreation. 

12 (6) Other elements considered necessary by the 

13 Secretary to ensure a comprehensive marine re14 search and monitoring program to comprehend and 

15 understand the implications to trust resources 

16 caused by the oil spill from the mobile offshore drill17 ing unit Deepwater Horizon. 

18 (c) COOPERATION AND CONSULTATION.—In devel19 oping the research and monitoring program established 

20 under subsection (a), the Secretary shall— 

21 (1) coordinate with the United States Geologi22 cal Survey; and 

23 (2) consult with— 


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1 (A) the National Ocean Research Leader2 ship Council established under section 7902 of 

3 title 10, United States Code; 

4 (B) such representatives from the Gulf 

5 coast States and affected countries as the Sec6 retary considers appropriate; 

7 (C) academic institutions and other re8 search organizations; and 

9 (D) such other experts with expertise in 

10 long-term environmental monitoring and re11 search of the marine environment as the Sec12 retary considers appropriate. 

13 (d) AVAILABILITY OF DATA.—Upon review by and 

14 approval of the Attorney General regarding impacts on 

15 legal claims or litigation involving the United States, data 

16 and information generated through the program estab17 lished under subsection (a) shall be managed and archived 

18 to ensure that it is accessible and available to govern19 mental and non-governmental personnel and to the gen20 eral public for their use and information. 

21 (e) REPORT.—Not later than 1 year after the date 

22 of the commencement of the program under subsection (a) 

23 and biennially thereafter, the Secretary shall submit to 

24 Congress a comprehensive report— 


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1 (1) summarizing the activities and findings of 

2 the program; and 

3 (2) detailing areas and issues requiring future 

4 monitoring and research. 

5 (f) DEFINITIONS.—In this section: 

6 (1) GULF COAST STATE.—The term ‘‘Gulf coast 

7 State’’ means each of the States of Texas, Lou8 isiana, Mississippi, Alabama, and Florida. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Commerce. 

11 (3) TRUST RESOURCES.—The term ‘‘trust re12 sources’’ means the living and non-living natural re13 sources belonging to, managed by, held in trust by, 

14 appertaining to, or otherwise controlled by the 

15 United States, any State, an Indian Tribe, or a local 

16 government. 

17 SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL 

18 SPILL PREVENTION. 

19 (a) IN GENERAL.—The Secretary of Commerce shall, 

20 acting through the Under Secretary for Oceans and At21 mosphere and in collaboration with the heads of other 

22 agencies or departments of the United States with appro23 priate Arctic science expertise, direct research and take 

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1 duct oil spill prevention, response, and recovery in Arctic 

2 waters. 

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

4 section shall include the prioritization of resources— 

5 (1) to address— 

6 (A) ecological baselines and environmental 

7 sensitivity indexes, including stock assessments 

8 of marine mammals and other protected species 

9 in the Arctic; 

10 (B) identification of ecological important 

11 areas, sensitive habitats, and migratory behav12 iors; 

13 (C) the development of oil spill trajectory 

14 models in Arctic marine conditions; 

15 (D) the collection of observational data es16 sential for response strategies in the event of an 

17 oil spill during both open water and ice-covered 

18 seasons, including data relating to oil spill tra19 jectory models that include data on— 

20 (i) currents; 

21 (ii) winds; 

22 (iii) weather; 

23 (iv) waves; and 

24 (v) ice forecasting; 


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1 (E) the development of a robust oper2 ational monitoring program during the open 

3 water and ice-covered seasons; 

4 (F) improvements in technologies and un5 derstanding of cold water oil recovery planning 

6 and restoration implementation; and 

7 (G) the integration of local and traditional 

8 knowledge into oil recovery research studies; 

9 and 

10 (2) to establish a robust geospatial framework 

11 for safe navigation and oil spill response through in12 creased— 

13 (A) hydrographic and bathymetric sur14 veying, mapping, and navigational charting; 

15 (B) geodetic positioning; and 

16 (C) monitoring of tides, sea levels, and cur17 rents in the Arctic. 

18 TITLE II—IMPROVING COAST 

19 GUARD RESPONSE AND IN20 SPECTION CAPACITY 

21 SEC. 201. SECRETARY DEFINED. 

22 In this title, except as otherwise specifically provided, 

23 the term ‘‘Secretary’’ means the Secretary of the Sec24 retary of the Department in which the Coast Guard is op25 erating. 


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1 SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL 

2 PREVENTION. 

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

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

5 improve the capability of the United States to respond to 

6 a maritime disaster in the United States Beaufort and 

7 Chukchi Seas. 

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

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

10 prioritization of resources to address the following: 

11 (1) Oil spill prevention and response capabilities 

12 and infrastructure. 

13 (2) The coordination of contingency plans and 

14 agreements with other agencies and departments of 

15 the United States, industry, and foreign govern16 ments to respond to an Arctic oil spill. 

17 (3) The expansion of search and rescue capa18 bilities, infrastructure, and logistics, including im19 provements of the Search and Rescue Optimal Plan20 ning System. 

21 (4) The provisional designation of places of ref22 uge. 

23 (5) The evaluation and enhancement of naviga24 tional infrastructure. 

25 (6) The evaluation and enhancement of vessel 

26 monitoring, tracking, and automated identification 


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1 systems and navigational aids and communications 

2 infrastructure for safe navigation and marine acci3 dent prevention in the Arctic. 

4 (7) Shipping traffic risk assessments for the 

5 Bering Strait and the Chukchi and Beaufort Seas. 

6 (8) The integration of local and traditional 

7 knowledge and concerns into prevention and re8 sponse strategies. 

9 SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT. 

10 (a) IN GENERAL.—The Secretary shall require all re11 sponse plans approved by the Coast Guard under section 

12 311(j) of the Federal Water Pollution Control Act (33 

13 U.S.C. 1321(j)) to be updated not less often than once 

14 every five years. 

15 (b) BEST AVAILABLE TECHNOLOGY.—Each response 

16 plan update required by subsection (a) shall utilize the 

17 best commercially available technology and methods to 

18 contain and remove to the maximum extent practicable a 

19 worst case discharge (including a discharge resulting from 

20 fire or explosion), and to mitigate or prevent a substantial 

21 threat of such a discharge. 

22 (c) TECHNOLOGY STANDARDS.—The Coast Guard 

23 may establish requirements and guidance for utilizing the 

24 best commercially available technology and methods, 


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1 which shall be based on performance metrics and stand2 ards whenever practicable. 

3 (d) RESUBMISSION.—Each update required by sub4 section (a) shall be considered a significant change requir5 ing it to be resubmitted for approval by the Coast Guard. 

6 SEC. 204. ADVANCE PLANNING AND PROMPT DECISION7 MAKING IN CLOSING AND REOPENING FISH8 ING GROUNDS. 

9 (a) REQUIREMENT THAT AREA CONTINGENCY

10 PLANS CONTAIN AREA-SPECIFIC PROTOCOLS AND

11 STANDARDS.— 

12 (1) COOPERATION WITH STATE AND LOCAL OF13 FICIALS.—Section 311(j)(4)(B)(ii) of the Federal 

14 Water Pollution Control Act (33 U.S.C. 

15 1321(j)(4)(B)(ii)) is amended by striking the semi16 colon after ‘‘wildlife’’ and inserting a comma and 

17 ‘‘including advance planning with respect to the clos18 ing and reopening of fishing grounds following an oil 

19 spill;’’. 

20 (2) FRAMEWORK.—Section 311(j)(4)(C) of the 

21 Federal Water Pollution Control Act (33 U.S.C. 

22 1321(j)(4)(C)) is amended— 

23 (A) by redesignating clauses (vii) and (viii) 

24 as clauses (viii) and (ix), respectively; and 


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1 (B) by inserting after clause (vi) the fol2 lowing: 

3 ‘‘(vii) develop a framework for ad4 vance planning and decisionmaking with 

5 respect to the closing and reopening of 

6 fishing grounds following an oil spill, in7 cluding protocols and standards for the 

8 closing and reopening of fishing areas;’’. 

9 (b) NATIONAL GUIDANCE.—Section 311(j)(4)(D) of 

10 the Federal Water Pollution Control Act (33 U.S.C. 

11 1321(j)(4)(D)) is amended— 

12 (1) in clause (i) by striking ‘‘and’’ at the end; 

13 (2) in clause (ii) by striking the period and in14 serting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(iii) acting through the Commandant 

17 of the Coast Guard and in consultation 

18 with the Under Secretary for Oceans and 

19 Atmosphere and any other government en20 tities deemed appropriate, issue guidance 

21 for Area Committees to use in developing 

22 a framework for advance planning and de23 cisionmaking with respect to the closing 

24 and reopening of fishing grounds following 

25 an oil spill, which guidance shall include 


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1 model protocols and standards for the clos2 ing and reopening of fishing areas.’’. 

3 SEC. 205. OIL SPILL TECHNOLOGY EVALUATION. 

4 (a) IN GENERAL.—The Secretary shall establish a 

5 program for the formal evaluation and validation of oil 

6 pollution containment and removal methods and tech7 nologies. 

8 (b) APPROVAL.—The program required by subsection 

9 (a) shall establish a process for new methods and tech10 nologies to be submitted, evaluated, and gain validation 

11 for use in spill responses and inclusion in response plans. 

12 Following each validation, the Secretary shall consider 

13 whether the method or technology meets a performance 

14 capability warranting designation of a new standard for 

15 best available technology or methods. 

16 (c) TECHNOLOGY CLEARINGHOUSE.—All tech17 nologies and methods validated under this section shall be 

18 included in the comprehensive list of spill removal re19 sources maintained by the Coast Guard through the Na20 tional Response Unit. 

21 (d) CONSULTATION.—The Secretary shall consult 

22 with the Secretary of the Interior, the Under Secretary 

23 for Oceans and Atmosphere, the Administrator of the En24 vironmental Protection Agency, and the Secretary of 

25 Transportation in carrying out this section. 


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1 SEC. 206. COAST GUARD INSPECTIONS. 

2 (a) IN GENERAL.—The Secretary shall increase the 

3 frequency and comprehensiveness of safety inspections of 

4 all United States and foreign-flag tank vessels that enter 

5 a United States port or place, including increasing the fre6 quency and comprehensiveness of inspections of vessel age, 

7 hull configuration, and past violations of any applicable 

8 discharge and safety regulations under United States and 

9 international law that may indicate that the class societies 

10 inspecting such vessels may be substandard, and other fac11 tors relevant to the potential risk of an oil spill. 

12 (b) ENHANCED VERIFICATION OF STRUCTURAL CON13 DITION.—The Secretary shall adopt, as part of the Sec14 retary’s inspection requirements for tank vessels, addi15 tional procedures for enhancing the verification of the re16 ported structural condition of such vessels, taking into ac17 count the Condition Assessment Scheme adopted by the 

18 International Maritime Organization by Resolution 94(46) 

19 on April 27, 2001. 

20 SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS. 

21 Chapter 33 of title 46, United States Code, is amend22 ed— 

23 (1) in section 3301, by adding at the end the 

24 following: 

25 ‘‘(16) vessels and other structures, fixed or 

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1 sition or are attached to the seabed or subsoil, which 

2 are capable of exploring for, drilling for, developing, 

3 or producing oil or gas.’’; and 

4 (2) in section 3305(a)(1)— 

5 (A) by amending subparagraph (E) to read 

6 as follows: 

7 ‘‘(E) is in a condition to be operated with 

8 safety to life and property, which including the 

9 operation of systems used for the capabilities 

10 described in paragraph (16) of section 3301, in11 cluding— 

12 ‘‘(i) drilling systems, including risers 

13 and blow out preventers; and 

14 ‘‘(ii) production systems, if so 

15 equipped;’’; 

16 (B) in subparagraph (F), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding the following: 

19 ‘‘(G) for vessels and other structures de20 scribed in paragraph (16) of section 3301 (in21 cluding the systems used for the capabilities de22 scribed in paragraph (16) of section 3301), 

23 complies with the highest classification, certifi24 cation, rating, and inspection standards for vesVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 sels or structures of the same age and type im2 posed by— 

3 ‘‘(i) the American Bureau of Ship4 ping; or 

5 ‘‘(ii) another classification society ap6 proved by the Secretary as meeting accept7 able standards for such a society, except 

8 that the classification of vessels or struc9 tures under this section by a foreign classi10 fication society may be accepted by the 

11 Secretary only— 

12 ‘‘(I) to the extent that the gov13 ernment of the foreign country in 

14 which the society is headquartered ac15 cepts classification by the American 

16 Bureau of Shipping of vessels and 

17 structures used in the offshore explo18 ration, development, and production 

19 of oil and gas in that country; and 

20 ‘‘(II) if the foreign classification 

21 society has offices and maintains 

22 records in the United States.’’. 


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1 SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF 

2 NATURAL RESOURCES. 

3 (a) DESIGNATION OF AT-RISK AREAS.—The Com4 mandant of the Coast Guard, in consultation the Under 

5 Secretary for Oceans and Atmosphere, shall identify areas 

6 in waters subject to the jurisdiction of the United States 

7 in which routing or other navigational measures are war8 ranted to reduce the risk of oil spills and potential damage 

9 to natural resources. In identifying such areas, the Com10 mandant shall give priority consideration to natural re11 sources of particular ecological importance or economic 

12 importance, including— 

13 (1) commercial fisheries; 

14 (2) aquaculture facilities; 

15 (3) marine sanctuaries designated by the Sec16 retary of Commerce pursuant to the National Ma17 rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 

18 (4) estuaries of national significance designated 

19 under section 320 of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1330); 

21 (5) critical habitat, as defined in section 3(5) of 

22 the Endangered Species Act of 1973 (16 U.S.C. 

23 1532(5)); 

24 (6) estuarine research reserves within the Na25 tional Estuarine Research Reserve System estabVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 lished by section 315 of the Coastal Zone Manage2 ment Act of 1972 (16 U.S.C. 1461); and 

3 (7) national parks and national seashores ad4 ministered by the National Park Service under the 

5 National Park Service Organic Act (16 U.S.C. 1 et 

6 seq.). 

7 (b) FACTORS CONSIDERED.—In determining whether 

8 navigational measures are warranted for an area under 

9 subsection (a), the Commandant and the Under Secretary 

10 for Oceans and Atmosphere shall consider, at a min11 imum— 

12 (1) the frequency of transits of vessels which 

13 are required to prepare a response plan under sec14 tion 311(j) of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1321(j)); 

16 (2) the type and quantity of oil transported as 

17 cargo or fuel; 

18 (3) the expected benefits of routing measures in 

19 reducing risks of spills; 

20 (4) the costs of such measures; 

21 (5) the safety implications of such measures; 

22 and 

23 (6) the nature and value of the resources to be 

24 protected by such measures. 


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1 (c) ESTABLISHMENT OF ROUTING AND OTHER NAVI2 GATIONAL MEASURES.—The Commandant shall establish 

3 such routing or other navigational measures for areas 

4 identified under subsection (a). 

5 (d) ESTABLISHMENT OF AREAS TO BE AVOIDED.— 

6 To the extent that the Commandant and the Under Sec7 retary for Oceans and Atmosphere identify areas in which 

8 navigational measures are warranted for an area under 

9 subsection (a), the Secretary and the Under Secretary 

10 shall seek to establish such areas through the Inter11 national Maritime Organization or establish comparable 

12 areas pursuant to regulations and in a manner that is con13 sistent with international law. 

14 (e) OIL SHIPMENT DATA AND REPORT.— 

15 (1) DATA COLLECTION.—The Commandant of 

16 the Coast Guard, in consultation with the Chief of 

17 Engineers, shall analyze data on oil transported as 

18 cargo on vessels in the navigable waters of the 

19 United States, including information on— 

20 (A) the quantity and type of oil being 

21 transported; 

22 (B) the vessels used for such transpor23 tation; 

24 (C) the frequency with which each type of 

25 oil is being transported; and 


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1 (D) the point of origin, transit route, and 

2 destination of each such shipment of oil. 

3 (2) QUARTERLY REPORT.— 

4 (A) REQUIREMENT FOR QUARTERLY RE5 PORT.—The Secretary shall, not less frequently 

6 than once each calendar quarter, submit to the 

7 Committee on Commerce, Science, and Trans8 portation of the Senate and the Committee on 

9 Energy and Commerce of the House of Rep10 resentatives a report on the data collected and 

11 analyzed under paragraph (1). 

12 (B) FORMAT.—Each report submitted 

13 under subparagraph (A) shall be submitted in 

14 a format that does not disclose information ex15 empted from disclosure. 

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

17 (a) IN GENERAL.—A State may, by law, require a 

18 person to provide notice of 24 hours or more to the State 

19 and to the Coast Guard prior to transferring oil in bulk 

20 as cargo in an amount equivalent to 250 barrels or more 

21 to, from, or within a vessel in State waters. 

22 (b) COAST GUARD ASSISTANCE.—The Commandant 

23 of the Coast Guard may assist a State in developing ap24 propriate methodologies for joint Federal and State notifiVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 cation of an oil transfer described in subsection (a) to min2 imize any potential burden to vessels. 

3 SEC. 210. GULF OF MEXICO REGIONAL CITIZENS ADVISORY 

4 COUNCIL. 

5 (a) IN GENERAL.—Subtitle A of title IV of the Oil 

6 Pollution Act of 1990 is amended by inserting after sec7 tion 4118 (33 U.S.C. 1203 note) the following: 

8 ‘‘SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS’ ADVI9 SORY COUNCIL. 

10 ‘‘(a) ESTABLISHMENT.—There is established a Gulf 

11 of Mexico Regional Citizens’ Advisory Council (referred to 

12 in this section as the ‘Council’). 

13 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

14 of voting members and nonvoting members, as follows: 

15 ‘‘(1) VOTING MEMBERS.—Each of the States of 

16 Alabama, Florida, Louisiana, Mississippi, and Texas 

17 shall each have 6 voting members on the Council 

18 who shall be residents of the State and appointed by 

19 the Governor of the State from a list of nominees 

20 provided by each of the following interests in the 

21 State, such that each interest in each State is rep22 resented by a voting member: 

23 ‘‘(A) Commercial fin fish and shellfish in24 dustry. 

25 ‘‘(B) Charter fishing industry. 


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1 ‘‘(C) Restaurant, hotel, and tourism indus2 tries. 

3 ‘‘(D) Indigenous peoples communities. 

4 ‘‘(E) Marine and coastal conservation com5 munity. 

6 ‘‘(F) Incorporated and unincorporated mu7 nicipalities. 

8 ‘‘(2) NONVOTING MEMBERS.—One ex-officio, 

9 nonvoting representative shall be designated by, and 

10 represent, each of the following: 

11 ‘‘(A) The Coast Guard. 

12 ‘‘(B) The Environmental Protection Agen13 cy. 

14 ‘‘(C) The National Oceanic and Atmos15 pheric Administration. 

16 ‘‘(D) The Bureau of Ocean Energy Man17 agement, Regulation and Enforcement. 

18 ‘‘(E) The lead maritime environmental and 

19 natural resources management and enforcement 

20 agency from each of the States of Alabama, 

21 Florida, Louisiana, Mississippi, and Texas. 

22 ‘‘(c) TERMS.— 

23 ‘‘(1) IN GENERAL.—The voting members of the 

24 Council shall be appointed for a term of 3 years. 


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1 ‘‘(2) INITIAL APPOINTMENTS.—For the terms 

2 of the group of first appointments of voting mem3 bers to the Council, a drawing of lots among the ap4 pointees shall be conducted under which— 

‘‘(A) 1 5 ⁄3 of that group shall serve for 3 

6 years; 

‘‘(B) 1 7 ⁄3 of that group shall serve for 2 

8 years; and 

9 ‘‘(C) the remainder of that group shall 

10 serve for 1 year. 

11 ‘‘(3) DURATION OF COUNCIL.—The duration of 

12 the Council shall be throughout the lifetime of en13 ergy development, transportation, and facility re14 moval activities in the Gulf of Mexico. 

15 ‘‘(d) ADMINISTRATION.— 

16 ‘‘(1) IN GENERAL.—The Council shall— 

17 ‘‘(A) elect a chairperson; 

18 ‘‘(B) select staff; and 

19 ‘‘(C) make policies with regard to internal 

20 operating procedures. 

21 ‘‘(2) SELF-GOVERNANCE.—After the initial or22 ganizational meeting hosted by the Secretary of the 

23 department in which the Coast Guard is operating, 

24 the Council shall be self-governing. 

25 ‘‘(3) TRANSPARENCY.—The Council shall— 


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1 ‘‘(A) conduct the operations of the Council 

2 in public, to the maximum extent practicable; 

3 and 

4 ‘‘(B) make the work products the Council 

5 adopts available to the public. 

6 ‘‘(4) CONFLICTS OF INTEREST.—An individual 

7 selected as a voting member of the Council may not 

8 engage in any activity that may conflict with the 

9 execution of the functions or duties of the individual 

10 as a Council member. 

11 ‘‘(e) DUTIES.— 

12 ‘‘(1) IN GENERAL.—The Council shall, with re13 gard to facilities and tank vessels in, and on the 

14 coast of, the Gulf of Mexico— 

15 ‘‘(A) with regard to facilities and tank ves16 sels in, and on the coast of, the Gulf of Mex17 ico— 

18 ‘‘(i) provide comprehensive oversight 

19 and monitoring of policies, permits, and 

20 regulations relating to the activities, oper21 ation, and maintenance of the facilities and 

22 tank vessels; 

23 ‘‘(ii) monitor the environmental im24 pacts of the operation of the facilities and 

25 tank vessels; 


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1 ‘‘(iii) monitor oil spill prevention and 

2 response plans, including plans relating to 

3 blowout prevention and response, for the 

4 facilities and tank vessels; and 

5 ‘‘(iv) recommend standards and condi6 tions for regulations intended to ensure the 

7 safe and environmentally sound operation 

8 and maintenance of the facilities and tank 

9 vessels; 

10 ‘‘(B) provide recommendations for, and 

11 otherwise assist, any oil spill recovery or spill 

12 research institute established for the Gulf of 

13 Mexico; and 

14 ‘‘(C) conduct such other activities within 

15 the authority and scope of the Council as the 

16 Council considers appropriate. 

17 ‘‘(2) GEOGRAPHIC SCOPE.—The Council shall 

18 carry out the duties described in paragraph (1) in a 

19 manner that, to the maximum extent practicable, 

20 covers all activities of facilities and tank vessels oc21 curring in the Gulf of Mexico. 

22 ‘‘(f) STANDING COMMITTEES.—The Council may cre23 ate standing committees as necessary to carry out the du24 ties described in subsection (e), including— 

25 ‘‘(1) a scientific and technical committee; 


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1 ‘‘(2) an environmental monitoring committee; 

2 ‘‘(3) an oil spill prevention and response com3 mittee; 

4 ‘‘(4) an offshore committee for monitoring ac5 tivities in water that is more than 500 feet in depth; 

6 ‘‘(5) a near-shore committee for monitoring ac7 tivities in water that is 500 feet or less in depth; 

8 ‘‘(6) an information and education committee; 

9 and 

10 ‘‘(7) a committee on social impact assessments: 

11 prevention, mitigation and response. 

12 ‘‘(g) TEMPORARY COMMITTEES.— 

13 ‘‘(1) IN GENERAL.—In addition to the standing 

14 committees authorized to be created in subsection 

15 (f), the Council may create temporary committees as 

16 necessary to carry out the duties of the Council re17 lating to— 

18 ‘‘(A) the blowout and explosion of the mo19 bile offshore drilling unit Deepwater Horizon 

20 that occurred on April 20, 2010; and 

21 ‘‘(B) the resulting hydrocarbon releases 

22 into the environment, including temporary com23 mittees relating to— 

24 ‘‘(i) public and occupational health; 

25 and 


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1 ‘‘(ii) assessment and monitoring of en2 vironmental, social and economic impacts. 

‘‘(2) DISSOLUTION.—If a 2 3 ⁄3 majority of the 

4 Council votes to discontinue activities relating to the 

5 incidents described in paragraph (1), any temporary 

6 committee established under paragraph (1) shall dis7 solve within 60 days after the date of the vote. 

8 ‘‘(h) ESTOPPEL.— 

9 ‘‘(1) IN GENERAL.—The Council shall not be 

10 liable under Federal or State law for costs or dam11 ages as a result of rendering recommendations under 

12 this section. 

13 ‘‘(2) ADVICE.—Any advice given by a voting 

14 member of the Council, or by a program representa15 tive or agent, shall not be grounds for estopping 

16 those interests represented by the voting Council 

17 members from seeking damages or other appropriate 

18 relief. 

19 ‘‘(i) INFORMATION FROM FEDERAL AGENCIES AND

20 INDUSTRY.— 

21 ‘‘(1) IN GENERAL.—The Council may request 

22 directly from any Federal agency (as defined in sec23 tion 1004 of the Solid Waste Disposal Act (42 

24 U.S.C. 6903)) (referred to in this section as a ‘FedVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 eral agency’) information, suggestions, estimates, 

2 and statistics for the purposes of this section. 

3 ‘‘(2) AGENCY COOPERATION.— 

4 ‘‘(A) IN GENERAL.—Effective beginning 

5 180 days after the date of enactment of this 

6 section, each Federal agency shall, with respect 

7 to all permits, site-specific regulations, and 

8 other matters governing the activities and ac9 tions within the purview of the Council, consult 

10 with the Council prior to taking substantive ac11 tion with respect to the permit, site-specific reg12 ulation, or other matter. 

13 ‘‘(B) REVIEW.—The consultation shall be 

14 carried out in a manner that enables the Coun15 cil— 

16 ‘‘(i) to review the permit, site-specific 

17 regulation, or other matters; and 

18 ‘‘(ii) to make appropriate recommen19 dations regarding operations, policy, or 

20 agency actions. 

21 ‘‘(C) EMERGENCIES.—Prior consultation 

22 shall not be required under this paragraph if an 

23 authorized Federal agency representative rea24 sonably believes that an emergency exists re25 quiring action without delay. 


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1 ‘‘(D) INFORMATION.—Each Federal agen2 cy shall, on the request of the Council, to the 

3 extent authorized by law, furnish information, 

4 suggestions, estimates, and statistics directly to 

5 the Council. 

6 ‘‘(3) ACCESS.—The Council shall have access to 

7 oil and gas industry facilities and records that are 

8 relevant to the proper execution of the duties of the 

9 Council under this section. 

10 ‘‘(j) COUNCIL RESEARCH.—In carrying out this sec11 tion, the Council— 

12 ‘‘(1) may conduct applicable scientific research; 

13 and 

14 ‘‘(2) shall review applicable scientific work un15 dertaken by or on behalf of— 

16 ‘‘(A) the energy industry; 

17 ‘‘(B) the conservation community; or 

18 ‘‘(C) government agencies. 

19 ‘‘(k) COUNCIL RECOMMENDATIONS.— 

20 ‘‘(1) IN GENERAL.—All recommendations of the 

21 Council shall be advisory only. 

22 ‘‘(2) RECOMMENDATIONS.—If a government 

23 agency, responsible party, or other owner or oper24 ator, lessee, or permittee (referred to in this para25 graph as the ‘covered individual or entity’) decides 


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1 not to accept, or decides to substantially modify be2 fore adoption, a recommendation of the Council, the 

3 covered individual or entity shall provide to the 

4 Council, not later than 10 days after the date of the 

5 decision of the covered individual or entity, a written 

6 notice of the decision and a summary of reasons for 

7 the rejection or substantial modification of the rec8 ommendation by the covered individual or entity. 

9 ‘‘(l) LOCATION AND COMPENSATION.— 

10 ‘‘(1) OFFICE LOCATIONS.—The Council shall 

11 establish offices in 1 or more Gulf States, as the 

12 Council determines to be necessary and appropriate 

13 to the operations of the Council. 

14 ‘‘(2) PER DIEM AUTHORIZATION.—A member of 

15 the Council may not be compensated for service on 

16 the Council, but shall be allowed travel expenses, in17 cluding per diem, at a rate established by the Coun18 cil, not to exceed the rates authorized for employees 

19 of agencies under sections 5702 and 5703 of title 5, 

20 United States Code (except by express authorization 

21 of the Council in any case in which the rates are in22 adequate to reimburse a member not eligible for 

23 travel rates of the Federal Government). 

24 ‘‘(m) REPORTS.— 


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1 ‘‘(1) GAO REPORTS.—Not later than 3 years 

2 after the date of establishment of the Council and 

3 every 3 years thereafter, the Comptroller General of 

4 the United States shall submit to the President and 

5 Congress a report covering the operations and ex6 penditures of the Council in carrying out this sec7 tion, including any recommendations. 

8 ‘‘(2) BIENNIAL REPORTS TO CONGRESS.—Every 

9 2 years, the Council shall submit a report to Con10 gress on— 

11 ‘‘(A) the achievement of safe operations in 

12 the Gulf of oil and gas activities; and 

13 ‘‘(B) on the operations and expenditures, 

14 needs, problems, issues, and recommendations 

15 of the Council. 

16 ‘‘(3) ANNUAL AUDITS.— 

17 ‘‘(A) IN GENERAL.—The Council shall— 

18 ‘‘(i) commission an annual inde19 pendent financial statement audit by an 

20 independent accounting firm; and 

21 ‘‘(ii) publish the results of the audits 

22 in a publicly available annual report. 

23 ‘‘(B) BIENNIAL REPORTS.—The audits 

24 shall be incorporated into the reports to Con25 gress required by paragraph (2). 


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1 ‘‘(n) SUITS BARRED.—No program, association, 

2 council, committee, or other organization created by this 

3 section may sue any public or private person or entity con4 cerning any matter arising under this section other than 

5 the performance of a contracts. 

6 ‘‘(o) OPERATIONAL AND ADMINISTRATIVE FUND7 ING.—Owners or operators of tank vessels, onshore facili8 ties, or offshore facilities, lessees, and permittees in the 

9 Gulf of Mexico shall provide, on an annual basis, an aggre10 gate amount of not more than $10,000,000, as determined 

11 by the Secretary of the department in which the Coast 

12 Guard is operating, that shall— 

13 ‘‘(1) provide for the establishment and oper14 ation of the Council (including standing committees 

15 and any temporary committees); and 

16 ‘‘(2) be adjusted annually to reflect changes in 

17 the Consumer Price Index in the Gulf of Mexico re18 gion.’’. 

19 (b) TABLE OF CONTENTS.—The table of contents in 

20 section 2 of the Oil Pollution Act of 1990 (33 U.S.C. prec. 

21 2701) is amended by adding at the end of the items relat22 ing to title IV the following: 

‘‘Sec. 4119. Gulf of Mexico Regional Citizens’ Advisory Council.’’. 


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1 SEC. 211. VESSEL LIABILITY. 

2 Section 1004(a) of the Oil Pollution Act of 1990 (33 

3 U.S.C. 2704(a)) is amended by striking paragraph (1) and 

4 inserting the following: 

5 ‘‘(1) for a vessel that is— 

6 ‘‘(A) a tank ship that is a single-hull ves7 sel, including a single-hull vessel fitted with 

8 double sides only or a double bottom only, 

9 $3,300 per gross ton or $93,600,000, whichever 

10 is greater; 

11 ‘‘(B) a tank ship that is a double-hull ves12 sel, $1,900 per gross ton or $16,000,000, 

13 whichever is greater; 

14 ‘‘(C) a tank barge that is a single-hull ves15 sel, including a single-hull vessel fitted with 

16 double sides only or a double bottom only, 

17 $7,000 per gross ton or $29,100,000, whichever 

18 is greater; or 

19 ‘‘(D) a tank barge that is a double-hull 

20 vessel, $7,000 per gross ton or $36,900,000, 

21 whichever is greater;’’. 

22 SEC. 212. COAST GUARD RESEARCH AND DEVELOPMENT. 

23 Section 1012(a)(5)(A) of the Oil Pollution Act of 

24 1990 (33 U.S.C. 2712(a)(5)(A)) is amended— 

25 (1) by striking ‘‘$25,000,000’’ and inserting 

26 ‘‘$50,000,000’’; and 


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1 (2) by striking the semicolon at the end and in2 serting ‘‘, of which amount not less than 40 percent 

3 shall be used to conduct research, development, and 

4 evaluation of oil spill response and removal tech5 nologies and methods;’’. 

6 SEC. 213. PROMPT INTERGOVERNMENTAL NOTICE OF MA7 RINE CASUALTIES. 

8 Section 6101 of title 46, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(j) NOTICE TO STATES AND TRIBAL GOVERN11 MENTS.— 

12 ‘‘(1) REQUIREMENT TO NOTIFY.—Not later 

13 than 1 hour after receiving a report of a marine cas14 ualty under this section, the Secretary shall forward 

15 the report to each appropriate State agency and 

16 tribal government of an Indian tribe (as defined in 

17 section 4 of the Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450b)) that has ju19 risdiction concurrent with the United States or adja20 cent to waters in which the marine casualty oc21 curred. 

22 ‘‘(2) APPROPRIATE STATE AGENCY.—Each 

23 State shall identify for the Secretary the appropriate 

24 State agency to receive a report under paragraph 

25 (1). Such agency shall be responsible for forwarding 


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1 appropriate information related to such report to 

2 local and tribal governments within the State.’’. 

3 SEC. 214. PROMPT PUBLICATION OF OIL SPILL INFORMA4 TION. 

5 (a) IN GENERAL.—In any response to an oil spill in 

6 which the Commandant of the Coast Guard serves as the 

7 Federal On-Scene Coordinator leading a Unified Com8 mand, the Commandant, on a publicly accessible Web site, 

9 all written Incident Action Plans prepared and approved 

10 as a part of the response to such oil spill. 

11 (b) TIMELINESS AND DURATION.—The Commandant 

12 shall— 

13 (1) publish each Incident Action Plan pursuant 

14 to subsection (a) promptly after such Plan is ap15 proved for implementation by the Unified Command, 

16 and in no event later than 12 hours into the oper17 ational period for which such Plan is prepared; and 

18 (2) ensure that such plan remains remain pub19 licly accessible by Web site for the duration of the 

20 response to oil spill. 

21 (c) REDACTION OF PERSONAL INFORMATION.—The 

22 Commandant may redact information from an Incident 

23 Action Plans published pursuant to subsection (a) to the 

24 extent necessary to comply with applicable privacy laws 

25 and other requirements regarding personal information. 


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1 TITLE III—OTHER MATTERS 

2 RELATING TO OIL SPILLS 

3 SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVI4 TIES WITH RESPECT TO OIL SPILL SURVEYS. 

5 (a) DEVELOPMENT OF NATIONAL PROTOCOLS FOR

6 OIL SPILL SURVEYS.—Not later than 270 days after the 

7 date of the enactment of this Act, the Under Secretary 

8 for Oceans and Atmosphere shall, in coordination with the 

9 Secretary of Homeland Security, the Administrator of the 

10 Environmental Protection Agency, and the heads of such 

11 departments and agencies of State governments as the 

12 Under Secretary considers appropriate, develop standard 

13 national protocols for oil spill response and clean up as14 sessments to promote consistent procedures for collecting 

15 shoreline characterization data. 

16 (b) GUIDANCE AND TOOLS FOR APPLICATION OF NA17 TIONAL PROTOCOLS FOR OIL SPILL SURVEYS.—The 

18 Under Secretary shall develop guidance and tools for oil 

19 spill responders and offer instructional courses to ensure 

20 that the protocols developed under subsection (a) are used 

21 during oil spill responses in the waters of the United 

22 States. 


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1 SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINISTRATION, COAST 

3 GUARD, AND DEPARTMENT OF INTERIOR ON 

4 OIL SPILL MATTERS. 

5 (a) OUTER CONTINENTAL SHELF LEASING PRO6 GRAM.—Section 18 of the Outer Continental Shelf Lands 

7 Act (43 U.S.C. 1344) is amended— 

8 (1) in subsection (c)(1), by inserting ‘‘the Sec9 retary of Commerce, the Secretary of the depart10 ment in which the Coast Guard is operating, and’’ 

11 before ‘‘the Attorney General,’’; and 

12 (2) in subsection (d)— 

13 (A) in paragraph (1), by striking ‘‘pro14 gram,’’ in the first sentence and all that follows 

15 through the end of the paragraph and inserting 

16 ‘‘program— 

17 ‘‘(A) the Attorney General may, after con18 sultation with the Federal Trade Commission, 

19 submit comments on the anticipated effects of 

20 the proposed program on competition; 

21 ‘‘(B) the Secretary of Commerce may sub22 mit comments on the anticipated effects of the 

23 proposed program on the human, marine, and 

24 coastal environments, including the likelihood of 

25 occurrence and potential severity of spills and 

26 chronic pollution; 


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1 ‘‘(C) the Secretary of the department in 

2 which the Coast Guard is operating may submit 

3 comments on the adequacy of the response ca4 pabilities of the Federal Government for spills 

5 and chronic pollution that may occur as a result 

6 of the proposed program; and 

7 ‘‘(D) any State, local government, or other 

8 person may submit comments and recommenda9 tions as to any aspect of the proposed pro10 gram.’’; and 

11 (B) in the second sentence in paragraph 

12 (2), by striking ‘‘Attorney General’’ and insert13 ing ‘‘Attorney General, the Secretary of Com14 merce, the Secretary of the department in 

15 which the Coast Guard is operating,’’. 

16 (b) ENVIRONMENTAL STUDIES.—Section 20(f) of the 

17 Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) 

18 is amended— 

19 (1) by striking ‘‘(f) In executing’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—In executing’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) NATIONAL OCEANIC AND ATMOSPHERIC

24 ADMINISTRATION.— 


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1 ‘‘(A) IN GENERAL.—In addition to any 

2 other requirement under law, the Secretary 

3 shall, prior to the approval of any program, 

4 lease, exploration plan, or development and pro5 duction plan, consult with the Administrator of 

6 the National Oceanic and Atmospheric Admin7 istration (referred to in this paragraph as the 

8 ‘Administrator’) on the reasonably foreseeable 

9 adverse effects of the proposed action to ocean 

10 and coastal resources, including oil spills. 

11 ‘‘(B) INITIATION OF CONSULTATION.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall initiate consultation under subpara14 graph (A) at the earliest practicable time, 

15 but in no case later than 90 days before 

16 the date of approval of the proposed ac17 tion. 

18 ‘‘(ii) PROVISION OF INFORMATION.— 

19 On the initiation of consultation, the Sec20 retary shall provide the Administrator with 

21 information describing the nature, location, 

22 and duration of the proposed action, and a 

23 description of all reasonably foreseeable 

24 adverse effects to ocean and coastal re25 sources. 


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1 ‘‘(C) ALTERNATIVES.— 

2 ‘‘(i) IN GENERAL.—At any time prior 

3 to the date that is 45 days before the ap4 proval of the proposed action, the Adminis5 trator may recommend alternatives to any 

6 proposed action, including measures that 

7 will prevent or minimize reasonably fore8 seeable adverse effects to ocean and coastal 

9 resources. 

10 ‘‘(ii) SECRETARIAL ACTION.—The 

11 Secretary shall incorporate into the ap12 proval for the proposed action the alter13 natives or mitigation measures rec14 ommended under clause (i), unless the Sec15 retary— 

16 ‘‘(I) determines that the alter17 natives or mitigation measures are not 

18 necessary to prevent or minimize rea19 sonably foreseeable adverse effects to 

20 marine and coastal resources; and 

21 ‘‘(II) notifies the Administrator 

22 in writing of the reasons for that deci23 sion.’’. 


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1 SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE. 

2 (a) ESTABLISHMENT.—There is established a com3 mittee to be known as the Federal Oil Spill Research Com4 mittee (in this section referred to as the ‘‘Committee’’). 

5 (b) MEMBERSHIP.— 

6 (1) COMPOSITION.—The Committee shall be 

7 composed of members selected by the Under Sec8 retary for Oceans and Atmosphere to represent the 

9 following: 

10 (A) The National Oceanic and Atmos11 pheric Administration. 

12 (B) The Coast Guard. 

13 (C) The Environmental Protection Agency. 

14 (D) Such other Federal agencies as the 

15 Under Secretary considers appropriate. 

16 (2) CHAIRPERSON.—The Under Secretary shall 

17 designate a Chairperson from among members of 

18 the Committee who represent the National Oceanic 

19 and Atmospheric Administration. 

20 (c) DUTIES OF THE COMMITTEE.— 

21 (1) RESEARCH.—The Committee shall— 

22 (A) coordinate a comprehensive program of 

23 oil pollution research, technology development, 

24 and demonstration among the Federal agencies, 

25 in cooperation and coordination with industry, 

26 universities, research institutions, State and 


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1 local governments, tribal governments, and 

2 other nations, as the Committee considers ap3 propriate; and 

4 (B) foster cost-effective research mecha5 nisms, including the joint funding of research. 

6 (2) REPORTS ON CURRENT STATE OF OIL SPILL

7 PREVENTION AND RESPONSE CAPABILITIES.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the date of the enactment of this 

10 Act, the Committee shall submit to Congress a 

11 report on the current state of oil spill preven12 tion and response capabilities that— 

13 (i) identifies current research pro14 grams conducted by governments, univer15 sities, and corporate entities; 

16 (ii) assesses the current status of 

17 knowledge on oil pollution prevention, re18 sponse, and mitigation technologies; 

19 (iii) establishes national research pri20 orities and goals for oil pollution tech21 nology development related to prevention, 

22 response, mitigation, and environmental ef23 fects; 

24 (iv) identifies regional oil pollution re25 search needs and priorities for a coordiVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 nated program of research at the regional 

2 level developed in consultation with State 

3 and local governments and tribes; 

4 (v) assesses the current state of spill 

5 response equipment, and determines areas 

6 in need of improvement including amount, 

7 age, quality, effectiveness, or necessary 

8 technological improvements; 

9 (vi) assesses the current state of real 

10 time data available to mariners, including 

11 water level, currents and weather informa12 tion and predictions, and assesses whether 

13 lack of timely information increases the 

14 risk of oil spills; 

15 (vii) assesses the capacity of the Na16 tional Oceanic and Atmospheric Adminis17 tration to respond to, and restore, and re18 habilitate marine sanctuaries, monuments, 

19 sea turtles, and other protected species; 

20 (viii) establishes goals for improved oil 

21 spill prevention and response upon which 

22 to target research for the following 5-year 

23 period before the next report is submitted 

24 under subparagraph (B); and 


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1 (ix) includes such recommendations as 

2 the Committee considers appropriate. 

3 (B) QUINQUENNIAL UPDATES.—The Com4 mittee shall submit a report every fifth year 

5 after its first report under subparagraph (A) 

6 updating the information contained in its pre7 vious report under this paragraph. 

8 (d) RESEARCH AND DEVELOPMENT PROGRAM.— 

9 (1) IN GENERAL.—In carrying out its duties 

10 under subsection (c)(1), the Committee shall estab11 lish a program for conducting oil pollution research 

12 and development. 

13 (2) PROGRAM ELEMENTS.—The program estab14 lished under paragraph (1) shall provide for re15 search, development, and demonstration of new or 

16 improved technologies which are effective in pre17 venting, detecting, or mitigating oil discharges and 

18 which protect the environment, and include the fol19 lowing: 

20 (A) High-priority research areas described 

21 in the report. 

22 (B) Direct and indirect environmental ef23 fects of acute and chronic oil spills on marine 

24 resources, including impacts on marine sanc25 tuaries, monuments, other protected areas, maVerDate Mar 15 2010 22:18 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S3597.IS S3597

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1 rine mammals, sea turtles, and other protected 

2 species. 

3 (C) Monitoring, modeling, and under4 standing the near- and long-term effects of 

5 major spills and long-term cumulative effects of 

6 smaller endemic spills. 

7 (D) New technologies to detect accidental 

8 or intentional overboard discharges. 

9 (E) Mechanical response capabilities, such 

10 as improved booms, oil skimmers, and storage 

11 capacity. 

12 (F) Methods to respond to, restore, and re13 habilitate natural resources and ecosystem 

14 health and services damaged by oil discharges, 

15 including impacts on marine sanctuaries, monu16 ments, other protected areas, marine mammals, 

17 sea turtles, and other protected species.. 

18 (G) Research and training, in consultation 

19 with the National Response Team, to improve 

20 industry’s and Government’s ability to remove 

21 an oil discharge quickly and effectively. 

22 (3) IMPLEMENTATION PLAN.— 

23 (A) IN GENERAL.—Not later than 180 

24 days after submitting the report to Congress 

25 under subsection (c)(2)(A), the Committee shall 


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1 submit to Congress a plan for the implementa2 tion of the program required by paragraph (1). 

3 (B) ASSESSMENT BY NATIONAL ACADEMY

4 OF SCIENCES.—The Chairperson shall, acting 

5 through the National Oceanic and Atmospheric 

6 Administration, contract with the National 

7 Academy of Sciences to— 

8 (i) provide advice and guidance in the 

9 preparation and development of the plan 

10 required by subparagraph (A); and 

11 (ii) assess the adequacy of the plan as 

12 submitted, and submit a report to Con13 gress on the conclusions of such assess14 ment. 

15 (e) GRANT PROGRAM IN SUPPORT OF RESEARCH

16 AND DEVELOPMENT PROGRAM.— 

17 (1) IN GENERAL.—The Under Secretary shall, 

18 in consultation with the National Science Founda19 tion, manage a program of competitive grants to 

20 universities or other research institutions, or groups 

21 of universities or research institutions, for the pur22 poses of conducting the program established under 

23 subsection (d). 

24 (2) APPLICATIONS AND CONDITIONS.—In con25 ducting the program, the Under Secretary— 


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1 (A) shall establish a notification and appli2 cation procedure; 

3 (B) may establish such conditions and re4 quire such assurances as may be appropriate to 

5 ensure the efficiency and integrity of the grant 

6 program; and 

7 (C) may make grants under the program 

8 on a matching or nonmatching basis. 

9 (f) ADVICE AND GUIDANCE.—The Committee shall 

10 accept comments and input from State and local govern11 ments, Indian tribes, industry representatives, and other 

12 stakeholders in carrying out its duties under subsection 

13 (c). 

14 (g) FACILITATION.—The Committee may develop 

15 memoranda of agreement or memoranda of understanding 

16 with universities, State and local governments, or other 

17 entities to facilitate the research program required by sub18 section (d). 

19 (h) ANNUAL REPORTS.—The Chairperson of the 

20 Committee shall submit an annual report to Congress on 

21 the activities carried out under this section in the pre22 ceding fiscal year, and on activities proposed to be carried 

23 out under this section in the current fiscal year. 

24 (i) COMMITTEE REPLACES EXISTING AUTHORITY.— 

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1 thority provided by section 7001 of the Oil Pollution Act 

2 of 1990 (33 U.S.C. 2761) for the establishment of the 

3 Interagency Committee on Oil Pollution Research under 

4 subsection (a) of that section, and that Committee shall 

5 cease operations and terminate on the date of the enact6 ment of this Act. 

Æ 


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