I 
111TH CONGRESS 
2D SESSION 
H. R. 6292 
To improve the ability of the National Oceanic and Atmospheric Administra-
tion, 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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Ms. RICHARDSON introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Science and Technology and Natural Resources, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To improve the ability of the National Oceanic and Atmos-
pheric 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, restora-
tion, and research, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 ADMINISTRA-
TION 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 Oce-
anic and Atmospheric Administration. 
Sec. 103. Investment of amounts in Damage Assessment and Restoration Re-
volving 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 re-
search 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 reopen-
ing 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 Administra-
tion, Coast Guard, and Department of Interior on oil spill mat-
ters. 
Sec. 303. Federal Oil Spill Research Committee. 
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TITLE 
I—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION 
OIL 
SPILL 
RE-
SPONSE, CONTAINMENT, AND 
PREVENTION 
SEC. 101. IMPROVEMENTS TO NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION OIL SPILL RE-
SPONSE, 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 At-
mosphere shall conduct a comprehensive review of 
the current capacity of the National Oceanic and At-
mospheric 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 re-
quirements with the state-of-the-art oil spill 
modeling with respect to near shore and off-
shore areas. 
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(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 Ad-
ministration 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 Inte-
grated Ocean Observing System, and oil spill 
trajectory models. 
(D) An identification of the baseline ocean-
ographic 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 re-
habilitate 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, in-
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cluding the findings of the Under Secretary with re-
spect 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 mod-
eling 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 there-
after, the Under Secretary shall update the environ-
mental sensitivity index products of the National 
Oceanic and Atmospheric Administration for each 
coastal area of the United States and for each off-
shore 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 prac-
ticable, create an environmental sensitivity index 
product for each area described in paragraph (1) for 
which the National Oceanic and Atmospheric Ad-
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ministration did not have an environmental sensi-
tivity 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 sen-
sitive 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, bio-
logical 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 Atmos-
pheric 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; 
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(2) serves as a single access point for emer-
gency responders for such scientific data; and 
(3) provides outreach and utilizes communica-
tion 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, fre-
quency, size, potential fate, and potential effects, in-
cluding those on sensitive habitats, of oil spills re-
sulting 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 sunk-
en vessels in the exclusive economic zone of the United 
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States and identify priorities (based on amount of oil, fea-
sibility of oil recovery, fate and effects of oil if released, 
and cost-benefit of preemptive action) for potential pre-
emptive removal of oil or other actions that may be effec-
tive to mitigate the risk of oil spills from offshore aban-
doned or sunken vessels. 
SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR 
EXPENSES OF NATIONAL OCEANIC AND AT-
MOSPHERIC 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 fol-
lowing: 
‘‘(B) not more than $25,000,000 in each 
fiscal year shall be available to the Under Sec-
retary for Oceans and Atmosphere without fur-
ther appropriation for expenses incurred by, 
and activities related to, preparedness, re-
sponse, restoration, and damage assessment ca-
pabilities of the National Oceanic and Atmos-
pheric Administration; 
‘‘(C) not more than $20,000,000 in each 
fiscal year shall be available to the Under Sec-
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retary for Oceans and Atmosphere for the re-
search and development of technologies identi-
fied by the Office of Response and Restoration 
of the National Oceanic and Atmospheric Ad-
ministration as beneficial for prevention, re-
moval, and enforcement related to oil dis-
charges;’’. 
SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESS-
MENT 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 De-
partments 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 with-
drawals, as determined by the Secretary, in interest-bear-
ing 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: 
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‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE-
SPONSE 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 so-
cial 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 nat-
ural resource of the coastal zone; and 
‘‘(2) to review and revise where necessary appli-
cable enforceable policies within approved coastal 
State management programs affecting coastal en-
ergy activities and energy to ensure that these poli-
cies 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). 
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‘‘(b) ELEMENTS.—New enforceable policies and pro-
cedures 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 es-
sential to facilitate spill or accident response activi-
ties; 
‘‘(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 effi-
cient and timely dissemination of data and other in-
formation; 
‘‘(4) inventories of shore locations and infra-
structure and equipment necessary to respond to oil 
spills or other accidents resulting from Outer Conti-
nental Shelf energy activities; 
‘‘(5) identification and characterization of sig-
nificant or sensitive marine ecosystems or other 
areas 
possessing 
important 
conservation, 
rec-
reational, ecological, historic, or aesthetic values; 
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‘‘(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 en-
forceable policies and procedures under this section pursu-
ant to subsections (d)(1) of (e) of section 306, especially 
by relevant Federal agencies, other coastal state agencies, 
local governments, regional organizations, port authori-
ties, and other interested parties and stakeholders, public 
and private, that are related to, or affected by Outer Con-
tinental 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 sec-
tion. 
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‘‘(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 RE-
QUIRED.—A coastal state shall not be required to 
contribute any portion of the cost of a grant award-
ed 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 satisfac-
torily 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 sec-
tion 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 Conti-
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nental Shelf under the administration of the Federal Gov-
ernment. Nothing in this section repeals or supersedes any 
existing coastal state authority. 
‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec-
retary 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 At-
mospheric Administration to provide technical assistance 
to the coastal states to prepare revisions to approved man-
agement programs to meet the requirements under this 
section.’’. 
SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRON-
MENTAL MONITORING AND RESEARCH PRO-
GRAM. 
(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, estab-
lish and carry out a long-term marine environmental 
monitoring and research program for the marine 
and coastal environment of the Gulf of Mexico to en-
sure that the Federal Government has independent, 
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peer-reviewed scientific data and information to as-
sess long-term direct and indirect impacts on trust 
resources located in the Gulf of Mexico and South-
east 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 af-
fected marine, coastal, and estuarine areas of the 
Gulf of Mexico and other regions of the exclusive 
economic zone of the United States and adjacent re-
gions 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. 
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(3) The fate, transport, and persistence of 
chemical dispersants applied in-situ or on surface 
waters. 
(4) Identification of lethal and sub-lethal im-
pacts to shellfish, fish, and wildlife resources that 
utilize habitats located within the affected region. 
(5) Impacts to regional, State, and local econo-
mies that depend on the natural resources of the af-
fected 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 re-
search and monitoring program to comprehend and 
understand the implications to trust resources 
caused by the oil spill from the mobile offshore drill-
ing unit Deepwater Horizon. 
(c) COOPERATION AND CONSULTATION.—In devel-
oping the research and monitoring program established 
under subsection (a), the Secretary shall— 
(1) coordinate with the United States Geologi-
cal Survey; and 
(2) consult with— 
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(A) the National Ocean Research Leader-
ship Council established under section 7902 of 
title 10, United States Code; 
(B) such representatives from the Gulf 
coast States and affected countries as the Sec-
retary considers appropriate; 
(C) academic institutions and other re-
search organizations; and 
(D) such other experts with expertise in 
long-term environmental monitoring and re-
search of the marine environment as the Sec-
retary 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 estab-
lished under subsection (a) shall be managed and archived 
to ensure that it is accessible and available to govern-
mental and non-governmental personnel and to the gen-
eral 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— 
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(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, Lou-
isiana, Mississippi, Alabama, and Florida. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(3) TRUST RESOURCES.—The term ‘‘trust re-
sources’’ means the living and non-living natural re-
sources 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 At-
mosphere and in collaboration with the heads of other 
agencies or departments of the United States with appro-
priate Arctic science expertise, direct research and take 
action to improve the ability of the United States to con-
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duct 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 behav-
iors; 
(C) the development of oil spill trajectory 
models in Arctic marine conditions; 
(D) the collection of observational data es-
sential for response strategies in the event of an 
oil spill during both open water and ice-covered 
seasons, including data relating to oil spill tra-
jectory models that include data on— 
(i) currents; 
(ii) winds; 
(iii) weather; 
(iv) waves; and 
(v) ice forecasting; 
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(E) the development of a robust oper-
ational monitoring program during the open 
water and ice-covered seasons; 
(F) improvements in technologies and un-
derstanding 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 in-
creased— 
(A) hydrographic and bathymetric sur-
veying, mapping, and navigational charting; 
(B) geodetic positioning; and 
(C) monitoring of tides, sea levels, and cur-
rents in the Arctic. 
TITLE 
II—IMPROVING 
COAST 
GUARD RESPONSE AND IN-
SPECTION CAPACITY 
SEC. 201. SECRETARY DEFINED. 
In this title, except as otherwise specifically provided, 
the term ‘‘Secretary’’ means the Secretary of the Sec-
retary of the Department in which the Coast Guard is op-
erating. 
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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 govern-
ments to respond to an Arctic oil spill. 
(3) The expansion of search and rescue capa-
bilities, infrastructure, and logistics, including im-
provements of the Search and Rescue Optimal Plan-
ning System. 
(4) The provisional designation of places of ref-
uge. 
(5) The evaluation and enhancement of naviga-
tional infrastructure. 
(6) The evaluation and enhancement of vessel 
monitoring, tracking, and automated identification 
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systems and navigational aids and communications 
infrastructure for safe navigation and marine acci-
dent 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 re-
sponse strategies. 
SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT. 
(a) IN GENERAL.—The Secretary shall require all re-
sponse 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, 
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which shall be based on performance metrics and stand-
ards whenever practicable. 
(d) RESUBMISSION.—Each update required by sub-
section (a) shall be considered a significant change requir-
ing it to be resubmitted for approval by the Coast Guard. 
SEC. 204. ADVANCE PLANNING AND PROMPT DECISION-
MAKING IN CLOSING AND REOPENING FISH-
ING GROUNDS. 
(a) REQUIREMENT
THAT
AREA
CONTINGENCY 
PLANS
CONTAIN
AREA-SPECIFIC
PROTOCOLS
AND 
STANDARDS.— 
(1) COOPERATION WITH STATE AND LOCAL OF-
FICIALS.—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 semi-
colon after ‘‘wildlife’’ and inserting a comma and 
‘‘including advance planning with respect to the clos-
ing 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 
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(B) by inserting after clause (vi) the fol-
lowing: 
‘‘(vii) develop a framework for ad-
vance planning and decisionmaking with 
respect to the closing and reopening of 
fishing grounds following an oil spill, in-
cluding 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 in-
serting ‘‘; 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 en-
tities deemed appropriate, issue guidance 
for Area Committees to use in developing 
a framework for advance planning and de-
cisionmaking with respect to the closing 
and reopening of fishing grounds following 
an oil spill, which guidance shall include 
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model protocols and standards for the clos-
ing 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 tech-
nologies. 
(b) APPROVAL.—The program required by subsection 
(a) shall establish a process for new methods and tech-
nologies 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 
tech-
nologies and methods validated under this section shall be 
included in the comprehensive list of spill removal re-
sources maintained by the Coast Guard through the Na-
tional 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 En-
vironmental Protection Agency, and the Secretary of 
Transportation in carrying out this section. 
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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 fre-
quency 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 fac-
tors relevant to the potential risk of an oil spill. 
(b) ENHANCED VERIFICATION OF STRUCTURAL CON-
DITION.—The Secretary shall adopt, as part of the Sec-
retary’s inspection requirements for tank vessels, addi-
tional procedures for enhancing the verification of the re-
ported structural condition of such vessels, taking into ac-
count 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 amend-
ed— 
(1) in section 3301, by adding at the end the 
following: 
‘‘(16) vessels and other structures, fixed or 
floating, including those which dynamically hold po-
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sition 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, in-
cluding— 
‘‘(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 de-
scribed in paragraph (16) of section 3301 (in-
cluding the systems used for the capabilities de-
scribed in paragraph (16) of section 3301), 
complies with the highest classification, certifi-
cation, rating, and inspection standards for ves-
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sels or structures of the same age and type im-
posed by— 
‘‘(i) the American Bureau of Ship-
ping; or 
‘‘(ii) another classification society ap-
proved by the Secretary as meeting accept-
able standards for such a society, except 
that the classification of vessels or struc-
tures under this section by a foreign classi-
fication society may be accepted by the 
Secretary only— 
‘‘(I) to the extent that the gov-
ernment of the foreign country in 
which the society is headquartered ac-
cepts classification by the American 
Bureau of Shipping of vessels and 
structures used in the offshore explo-
ration, 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.’’. 
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SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF 
NATURAL RESOURCES. 
(a) DESIGNATION OF AT-RISK AREAS.—The Com-
mandant 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 war-
ranted to reduce the risk of oil spills and potential damage 
to natural resources. In identifying such areas, the Com-
mandant shall give priority consideration to natural re-
sources of particular ecological importance or economic 
importance, including— 
(1) commercial fisheries; 
(2) aquaculture facilities; 
(3) marine sanctuaries designated by the Sec-
retary of Commerce pursuant to the National Ma-
rine 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 Na-
tional Estuarine Research Reserve System estab-
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lished by section 315 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1461); and 
(7) national parks and national seashores ad-
ministered 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 min-
imum— 
(1) the frequency of transits of vessels which 
are required to prepare a response plan under sec-
tion 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. 
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(c) ESTABLISHMENT OF ROUTING AND OTHER NAVI-
GATIONAL 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 Sec-
retary 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 Inter-
national Maritime Organization or establish comparable 
areas pursuant to regulations and in a manner that is con-
sistent 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 transpor-
tation; 
(C) the frequency with which each type of 
oil is being transported; and 
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(D) the point of origin, transit route, and 
destination of each such shipment of oil. 
(2) QUARTERLY REPORT.— 
(A) REQUIREMENT
FOR
QUARTERLY
RE-
PORT.—The Secretary shall, not less frequently 
than once each calendar quarter, submit to the 
Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives 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 ex-
empted 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 ap-
propriate methodologies for joint Federal and State notifi-
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cation of an oil transfer described in subsection (a) to min-
imize 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 sec-
tion 4118 (33 U.S.C. 1203 note) the following: 
‘‘SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS’ ADVI-
SORY 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 rep-
resented by a voting member: 
‘‘(A) Commercial fin fish and shellfish in-
dustry. 
‘‘(B) Charter fishing industry. 
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‘‘(C) Restaurant, hotel, and tourism indus-
tries. 
‘‘(D) Indigenous peoples communities. 
‘‘(E) Marine and coastal conservation com-
munity. 
‘‘(F) Incorporated and unincorporated mu-
nicipalities. 
‘‘(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 Agen-
cy. 
‘‘(C) The National Oceanic and Atmos-
pheric Administration. 
‘‘(D) The Bureau of Ocean Energy Man-
agement, 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. 
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‘‘(2) INITIAL APPOINTMENTS.—For the terms 
of the group of first appointments of voting mem-
bers to the Council, a drawing of lots among the ap-
pointees 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 en-
ergy development, transportation, and facility re-
moval 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 or-
ganizational 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— 
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‘‘(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 re-
gard to facilities and tank vessels in, and on the 
coast of, the Gulf of Mexico— 
‘‘(A) with regard to facilities and tank ves-
sels in, and on the coast of, the Gulf of Mex-
ico— 
‘‘(i) provide comprehensive oversight 
and monitoring of policies, permits, and 
regulations relating to the activities, oper-
ation, and maintenance of the facilities and 
tank vessels; 
‘‘(ii) monitor the environmental im-
pacts of the operation of the facilities and 
tank vessels; 
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‘‘(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 condi-
tions 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 oc-
curring in the Gulf of Mexico. 
‘‘(f) STANDING COMMITTEES.—The Council may cre-
ate standing committees as necessary to carry out the du-
ties described in subsection (e), including— 
‘‘(1) a scientific and technical committee; 
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‘‘(2) an environmental monitoring committee; 
‘‘(3) an oil spill prevention and response com-
mittee; 
‘‘(4) an offshore committee for monitoring ac-
tivities in water that is more than 500 feet in depth; 
‘‘(5) a near-shore committee for monitoring ac-
tivities 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 re-
lating to— 
‘‘(A) the blowout and explosion of the mo-
bile offshore drilling unit Deepwater Horizon 
that occurred on April 20, 2010; and 
‘‘(B) the resulting hydrocarbon releases 
into the environment, including temporary com-
mittees relating to— 
‘‘(i) public and occupational health; 
and 
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‘‘(ii) assessment and monitoring of en-
vironmental, 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 dis-
solve 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 dam-
ages 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 representa-
tive 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 sec-
tion 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903)) (referred to in this section as a ‘Fed-
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eral 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 ac-
tions within the purview of the Council, consult 
with the Council prior to taking substantive ac-
tion with respect to the permit, site-specific reg-
ulation, or other matter. 
‘‘(B) REVIEW.—The consultation shall be 
carried out in a manner that enables the Coun-
cil— 
‘‘(i) to review the permit, site-specific 
regulation, or other matters; and 
‘‘(ii) to make appropriate recommen-
dations regarding operations, policy, or 
agency actions. 
‘‘(C) EMERGENCIES.—Prior consultation 
shall not be required under this paragraph if an 
authorized Federal agency representative rea-
sonably believes that an emergency exists re-
quiring action without delay. 
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‘‘(D) INFORMATION.—Each Federal agen-
cy 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 sec-
tion, the Council— 
‘‘(1) may conduct applicable scientific research; 
and 
‘‘(2) shall review applicable scientific work un-
dertaken 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 oper-
ator, lessee, or permittee (referred to in this para-
graph as the ‘covered individual or entity’) decides 
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not to accept, or decides to substantially modify be-
fore 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 rec-
ommendation 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, in-
cluding per diem, at a rate established by the Coun-
cil, 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 in-
adequate to reimburse a member not eligible for 
travel rates of the Federal Government). 
‘‘(m) REPORTS.— 
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‘‘(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 ex-
penditures of the Council in carrying out this sec-
tion, including any recommendations. 
‘‘(2) BIENNIAL REPORTS TO CONGRESS.—Every 
2 years, the Council shall submit a report to Con-
gress 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 inde-
pendent 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 Con-
gress required by paragraph (2). 
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‘‘(n) SUITS
BARRED.—No program, association, 
council, committee, or other organization created by this 
section may sue any public or private person or entity con-
cerning any matter arising under this section other than 
the performance of a contracts. 
‘‘(o) OPERATIONAL
AND ADMINISTRATIVE FUND-
ING.—Owners or operators of tank vessels, onshore facili-
ties, or offshore facilities, lessees, and permittees in the 
Gulf of Mexico shall provide, on an annual basis, an aggre-
gate 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 oper-
ation 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 re-
gion.’’. 
(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 relat-
ing to title IV the following: 
‘‘Sec. 4119. Gulf of Mexico Regional Citizens’ Advisory Council.’’. 
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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 ves-
sel, 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 ves-
sel, $1,900 per gross ton or $16,000,000, 
whichever is greater; 
‘‘(C) a tank barge that is a single-hull ves-
sel, 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 
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(2) by striking the semicolon at the end and in-
serting ‘‘, of which amount not less than 40 percent 
shall be used to conduct research, development, and 
evaluation of oil spill response and removal tech-
nologies and methods;’’. 
SEC. 213. PROMPT INTERGOVERNMENTAL NOTICE OF MA-
RINE CASUALTIES. 
Section 6101 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(j) NOTICE
TO STATES
AND TRIBAL GOVERN-
MENTS.— 
‘‘(1) REQUIREMENT
TO
NOTIFY.—Not later 
than 1 hour after receiving a report of a marine cas-
ualty 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 Edu-
cation Assistance Act (25 U.S.C. 450b)) that has ju-
risdiction concurrent with the United States or adja-
cent to waters in which the marine casualty oc-
curred. 
‘‘(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 
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appropriate information related to such report to 
local and tribal governments within the State.’’. 
SEC. 214. PROMPT PUBLICATION OF OIL SPILL INFORMA-
TION. 
(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 Com-
mand, 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 ap-
proved for implementation by the Unified Command, 
and in no event later than 12 hours into the oper-
ational period for which such Plan is prepared; and 
(2) ensure that such plan remains remain pub-
licly 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. 
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TITLE III—OTHER MATTERS 
RELATING TO OIL SPILLS 
SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVI-
TIES 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 as-
sessments to promote consistent procedures for collecting 
shoreline characterization data. 
(b) GUIDANCE AND TOOLS FOR APPLICATION OF NA-
TIONAL 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. 
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SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION, COAST 
GUARD, AND DEPARTMENT OF INTERIOR ON 
OIL SPILL MATTERS. 
(a) OUTER CONTINENTAL SHELF LEASING PRO-
GRAM.—Section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344) is amended— 
(1) in subsection (c)(1), by inserting ‘‘the Sec-
retary of Commerce, the Secretary of the depart-
ment in which the Coast Guard is operating, and’’ 
before ‘‘the Attorney General,’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘pro-
gram,’’ in the first sentence and all that follows 
through the end of the paragraph and inserting 
‘‘program— 
‘‘(A) the Attorney General may, after con-
sultation with the Federal Trade Commission, 
submit comments on the anticipated effects of 
the proposed program on competition; 
‘‘(B) the Secretary of Commerce may sub-
mit 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; 
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‘‘(C) the Secretary of the department in 
which the Coast Guard is operating may submit 
comments on the adequacy of the response ca-
pabilities 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 recommenda-
tions as to any aspect of the proposed pro-
gram.’’; and 
(B) in the second sentence in paragraph 
(2), by striking ‘‘Attorney General’’ and insert-
ing ‘‘Attorney General, the Secretary of Com-
merce, 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.— 
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‘‘(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 pro-
duction plan, consult with the Administrator of 
the National Oceanic and Atmospheric Admin-
istration (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 subpara-
graph (A) at the earliest practicable time, 
but in no case later than 90 days before 
the date of approval of the proposed ac-
tion. 
‘‘(ii) PROVISION OF INFORMATION.— 
On the initiation of consultation, the Sec-
retary 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 re-
sources. 
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‘‘(C) ALTERNATIVES.— 
‘‘(i) IN GENERAL.—At any time prior 
to the date that is 45 days before the ap-
proval of the proposed action, the Adminis-
trator may recommend alternatives to any 
proposed action, including measures that 
will prevent or minimize reasonably fore-
seeable adverse effects to ocean and coastal 
resources. 
‘‘(ii) 
SECRETARIAL
ACTION.—The 
Secretary shall incorporate into the ap-
proval for the proposed action the alter-
natives 
or 
mitigation 
measures 
rec-
ommended under clause (i), unless the Sec-
retary— 
‘‘(I) determines that the alter-
natives or mitigation measures are not 
necessary to prevent or minimize rea-
sonably foreseeable adverse effects to 
marine and coastal resources; and 
‘‘(II) notifies the Administrator 
in writing of the reasons for that deci-
sion.’’. 
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SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE. 
(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the Federal Oil Spill Research Com-
mittee (in this section referred to as the ‘‘Committee’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Committee shall be 
composed of members selected by the Under Sec-
retary for Oceans and Atmosphere to represent the 
following: 
(A) The National Oceanic and Atmos-
pheric 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 
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local governments, tribal governments, and 
other nations, as the Committee considers ap-
propriate; and 
(B) foster cost-effective research mecha-
nisms, 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 preven-
tion and response capabilities that— 
(i) identifies current research pro-
grams conducted by governments, univer-
sities, and corporate entities; 
(ii) assesses the current status of 
knowledge on oil pollution prevention, re-
sponse, and mitigation technologies; 
(iii) establishes national research pri-
orities and goals for oil pollution tech-
nology development related to prevention, 
response, mitigation, and environmental ef-
fects; 
(iv) identifies regional oil pollution re-
search needs and priorities for a coordi-
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nated 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 informa-
tion and predictions, and assesses whether 
lack of timely information increases the 
risk of oil spills; 
(vii) assesses the capacity of the Na-
tional Oceanic and Atmospheric Adminis-
tration to respond to, and restore, and re-
habilitate 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 
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(ix) includes such recommendations as 
the Committee considers appropriate. 
(B) QUINQUENNIAL UPDATES.—The Com-
mittee shall submit a report every fifth year 
after its first report under subparagraph (A) 
updating the information contained in its pre-
vious report under this paragraph. 
(d) RESEARCH AND DEVELOPMENT PROGRAM.— 
(1) IN GENERAL.—In carrying out its duties 
under subsection (c)(1), the Committee shall estab-
lish a program for conducting oil pollution research 
and development. 
(2) PROGRAM ELEMENTS.—The program estab-
lished under paragraph (1) shall provide for re-
search, development, and demonstration of new or 
improved technologies which are effective in pre-
venting, detecting, or mitigating oil discharges and 
which protect the environment, and include the fol-
lowing: 
(A) High-priority research areas described 
in the report. 
(B) Direct and indirect environmental ef-
fects of acute and chronic oil spills on marine 
resources, including impacts on marine sanc-
tuaries, monuments, other protected areas, ma-
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rine mammals, sea turtles, and other protected 
species. 
(C) Monitoring, modeling, and under-
standing 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 re-
habilitate natural resources and ecosystem 
health and services damaged by oil discharges, 
including impacts on marine sanctuaries, monu-
ments, 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 
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submit to Congress a plan for the implementa-
tion 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 Con-
gress on the conclusions of such assess-
ment. 
(e) GRANT PROGRAM IN SUPPORT OF RESEARCH 
AND DEVELOPMENT PROGRAM.— 
(1) IN GENERAL.—The Under Secretary shall, 
in consultation with the National Science Founda-
tion, manage a program of competitive grants to 
universities or other research institutions, or groups 
of universities or research institutions, for the pur-
poses of conducting the program established under 
subsection (d). 
(2) APPLICATIONS AND CONDITIONS.—In con-
ducting the program, the Under Secretary— 
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(A) shall establish a notification and appli-
cation procedure; 
(B) may establish such conditions and re-
quire 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 govern-
ments, 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 sub-
section (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 pre-
ceding 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 au-
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thority 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 enact-
ment of this Act. 
Æ 
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