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and coastline of Point Spencer, as such development 
and use relate to activities of the Council at the Port 
of Point Spencer.’’; and 
(4) in subsection (e)— 
(A) by striking ‘‘Operations and manage-
ment costs’’ and inserting the following: 
‘‘(1) DETERMINATION OF COSTS.—Operations 
and management costs’’; and 
(B) by adding at the end the following: 
‘‘(2) FUNDING.—To facilitate the mooring buoy 
system in Port Clarence and to assist the Council in 
the development of other oil spill prevention and re-
sponse infrastructure, including reactivating the air-
strip at Point Spencer with appropriate technology 
and safety equipment in support of response oper-
ations, there is authorized to be made available 
$5,000,000 for each of fiscal years 2023 through 
2025 from the interest generated from the Oil Spill 
Liability Trust Fund.’’. 
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA. 
(a) WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA.—Section 311(j)(5) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)) is amended by adding 
at the end the following: 
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‘‘(J)(i) Except as provided in clause (iv) 
(including with respect to Cook Inlet), in any 
case in which the Secretary has determined that 
the national planning criteria established pursu-
ant to this subsection are inappropriate for a 
vessel operating in the area of responsibility of 
the Western Alaska Captain of the Port Zone, 
a response plan required under this paragraph 
with respect to a discharge of oil for the vessel 
shall comply with the planning criteria estab-
lished under clause (ii), which planning criteria 
shall, with respect to a discharge of oil from the 
vessel, apply in lieu of any alternative planning 
criteria approved for vessels operating in such 
area. 
‘‘(ii) The President shall establish planning 
criteria for a worst case discharge of oil, and a 
substantial threat of such a discharge, within 
the area of responsibility of Western Alaska 
Captain of the Port Zone, including planning 
criteria for the following: 
‘‘(I) Oil spill response resources that 
are required to be located within such 
area. 
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‘‘(II) Response times for mobilization 
of oil spill response resources and arrival 
on the scene of a worst case discharge of 
oil, or substantial threat of such a dis-
charge, occurring within such area. 
‘‘(III) Pre-identified vessels for oil 
spill response that are capable of operating 
in the ocean environment and required to 
be located within such area. 
‘‘(IV) Real-time continuous vessel 
tracking, monitoring, and engagement pro-
tocols that detect and address vessel oper-
ation anomalies. 
‘‘(V) Vessel routing measures con-
sistent with international routing measure 
deviation protocols. 
‘‘(VI) Ensuring the availability of at 
least one oil spill removal organization that 
is classified by the Coast Guard and 
that— 
‘‘(aa) is capable of responding in 
all operating environments in such 
area; 
‘‘(bb) controls oil spill response 
resources of dedicated and nondedi-
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cated resources within such area, 
through ownership, contracts, agree-
ments, or other means approved by 
the President, sufficient to mobilize 
and sustain a response to a worst case 
discharge of oil and to contain, re-
cover, and temporarily store dis-
charged oil; and 
‘‘(cc) has pre-positioned oil spill 
response resources in strategic loca-
tions throughout such area in a man-
ner that ensures the ability to support 
response 
personnel, 
marine 
oper-
ations, air cargo, or other related lo-
gistics infrastructure. 
‘‘(VII) Temporary storage capability 
using both dedicated and non-dedicated as-
sets located within such area. 
‘‘(VIII) Non-mechanical oil spill re-
sponse resources, to be available under 
contracts, agreements, or other means ap-
proved by the President, capable of re-
sponding to both a discharge of persistent 
oil and a discharge of non-persistent oil, 
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whether the discharged oil was carried by 
a vessel as fuel or cargo. 
‘‘(IX) With respect to tank barges 
carrying non-persistent oil in bulk as 
cargo, oil spill response resources that are 
required to be carried on board. 
‘‘(X) Ensuring that oil spill response 
resources required to comply with this sub-
paragraph are separate from and in addi-
tion to resources otherwise required to be 
included in a response plan for purposes of 
compliance with salvage and marine fire-
fighting planning requirements under this 
subsection. 
‘‘(XI) Specifying a minimum length of 
time that approval of a response plan 
under this subparagraph is valid. 
‘‘(XII) Ensuring compliance with re-
quirements for the preparation and sub-
mission of vessel response plans established 
by regulations pursuant to this paragraph. 
‘‘(iii) The President may approve a re-
sponse plan for a vessel under this subpara-
graph only if the owner or operator of the ves-
sel demonstrates the availability of the oil spill 
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