(3) LIMITATION.—The total indemnity for a 
claim under a contract described in subsection (a) 
may not be more than $50,000 per incident. 
(c) 
APPLICABILITY
OF
EXEMPTIONS.—Notwith-
standing subsection (a), the United States shall not be obli-
gated to indemnify a contractor for any act or omission 
of the contractor carried out pursuant to a contract entered 
into under this section where such act or omission is grossly 
negligent or which constitutes willful misconduct. 
SEC. 410. PORT COORDINATION COUNCIL FOR POINT SPEN-
CER. 
Section 541 of the Coast Guard Authorization Act of 
2016 (Public Law 114–120) is amended— 
(1) in subsection (b) by striking paragraphs (1) 
and (2) and inserting the following: 
‘‘(1) BSNC (to serve as Council Chair). 
‘‘(2) The Secretary of Homeland Security. 
‘‘(3) An Oil Spill Response Organization that 
serves the area in which such Port is located.’’; 
(2) in subsection (c)(1)— 
(A) in subparagraph (B) by adding ‘‘and’’ 
at the end; and 
(B) by striking subparagraphs (C) and (D) 
and inserting the following: 
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‘‘(C) land use planning and development on 
the Bering Sea, the Chukchi Sea, and the Arctic 
Ocean, in support of— 
‘‘(i) search and rescue; 
‘‘(ii) shipping safety; 
‘‘(iii) economic development; 
‘‘(iv) oil spill prevention and response; 
‘‘(v) national security; 
‘‘(vi) major marine casualties; 
‘‘(vii) protection of Alaska Native ar-
chaeological and cultural resources; and 
‘‘(viii) port of refuge, arctic research, 
and maritime law enforcement.’’; 
(3) by amending subsection (c)(3) to read as fol-
lows: 
‘‘(3) Facilitate coordination among members of 
the Council on the development and use of the land 
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 
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(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 Liabil-
ity Trust Fund.’’. 
SEC. 411. ALASKA OIL SPILL PLANNING CRITERIA. 
(a) ALASKA OIL SPILL PLANNING CRITERIA.—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 fol-
lowing: 
‘‘(J)(i) Except as provided in clause (iv), in any 
case in which the Secretary has determined that the 
national planning criteria established pursuant to 
this subsection are inappropriate for a vessel oper-
ating in the area of responsibility of Coast Guard 
Sector Anchorage, 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 
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shall, with respect to a discharge of oil from the ves-
sel, supercede the national planning criteria and 
apply in lieu of any alternative planning criteria ap-
proved for vessels operating in such area. 
‘‘(ii) The President shall establish planning cri-
teria for a worst case discharge of oil, and a substan-
tial threat of such a discharge, within the area of re-
sponsibility of Coast Guard Sector Anchorage, includ-
ing planning criteria for the following: 
‘‘(I) Mechanical oil spill response resources 
that are required to be located within such area. 
‘‘(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 discharge, occurring within such 
area. 
‘‘(III) Dedicated vessels for oil spill response 
that are capable of operating in the ocean envi-
ronment and required to be located within such 
area. 
‘‘(IV) Ensuring the availability of at least 
one oil spill removal organization that is classi-
fied by the Coast Guard and that— 
‘‘(aa) is capable of responding in all 
operating environments in such area; 
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