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response resources required to be included in 
the response plan under the planning criteria 
established under clause (ii). 
‘‘(iv) Nothing in this subparagraph af-
fects— 
‘‘(I) the requirements under this sub-
section applicable to vessel response plans 
for vessels operating within the area of re-
sponsibility of the Western Alaska Captain 
of the Port Zone within Cook Inlet, Alas-
ka; 
‘‘(II) the requirements applicable to 
tank vessels operating within Prince Wil-
liam Sound Captain of the Port Zone that 
are subject to section 5005 of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2735); or 
‘‘(III) the authority of a Federal On- 
Scene Coordinator to use any available re-
sources when responding to an oil spill. 
‘‘(v) The Secretary shall review any deter-
mination that the national planning criteria are 
inappropriate for a vessel operating in the area 
of responsibility of Western Alaska Captain of 
the Port Zone not less frequently than once 
every five years. 
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‘‘(vi) For purposes of this subparagraph, 
the term ‘Western Alaska Captain of the Port 
Zone’ means the area described in section 3.85– 
15 of title 33, Code of Federal Regulations, as 
in effect on the date of enactment of this sub-
paragraph.’’. 
(b) ESTABLISHMENT OF ALASKA OIL SPILL PLAN-
NING CRITERIA.— 
(1) DEADLINE.—Not later than 2 years after 
the date of enactment of this Act, the President 
shall establish the planning criteria required to be 
established under subparagraph (J) of section 
311(j)(5) of the Federal Water Pollution Control 
Act of (33 U.S.C. 1321(j)(5)), as added by this sec-
tion. 
(2) CONSULTATION.—In establishing such plan-
ning criteria, the President shall consult with the 
State of Alaska, owners and operators of vessels 
subject to such planning criteria, oil spill removal or-
ganizations, Alaska Native organizations, and envi-
ronmental nongovernmental organizations located 
within the State of Alaska. 
(3) VESSELS IN COOK INLET.—Unless other-
wise authorized by the Secretary of the department 
in which the Coast Guard, a vessel may only operate 
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in Cook Inlet, Alaska, under a vessel response plan 
that meets the requirements of the national planning 
criteria established pursuant to section 311(j)(5) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(5)). 
(c) CONGRESSIONAL REPORT.—Not later than one 
year after the date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating 
shall submit to Congress a report regarding the status of 
implementing the requirements of subparagraph (J) of 
section 311(j)(5) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(5)), as added by this section. 
SEC. 511. NONAPPLICABILITY. 
Requirements under sections 3507(d), 3507(e), 3508, 
and 3509 of title 46, United States Code, shall not apply 
to the passenger vessel American Queen (U.S. Coast 
Guard Official Number 1030765) or any other passenger 
vessel— 
(1) on which construction identifiable with the 
specific vessel begins prior to the date of enactment 
of this Act; and 
(2) to which sections 3507 and 3508 would oth-
erwise apply when such vessels are operating inside 
the boundary line. 
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