H. R. 7776—1682 
shall communicate where and when sightings of large cetaceans 
have occurred. 
(c) MEMORANDUM OF UNDERSTANDING.—The Secretary and the 
Under Secretary may enter into a memorandum of understanding 
to facilitate real-time sharing of data relating to large cetaceans 
between the Quiet Sound program of the State of Washington, 
the National Oceanic and Atmospheric Administration, the Puget 
Sound Vessel Traffic Service, and other relevant entities, as appro-
priate. 
(d) DATA.—The Under Secretary shall leverage existing data 
collection methods, the program required by section 11303, and 
public data to ensure accurate and timely information on the 
sighting of large cetaceans. 
(e) CONSULTATIONS.— 
(1) IN GENERAL.—In carrying out the pilot program required 
under subsection (a), the Secretary shall consult with Tribal 
governments, the State of Washington, institutions of higher 
education, the maritime industry, ports in the Puget Sound 
region, and nongovernmental organizations. 
(2) COORDINATION WITH CANADA.—When appropriate, the 
Secretary shall coordinate with the Government of Canada, 
consistent with policies and agreements relating to manage-
ment of vessel traffic in Puget Sound. 
(f) PUGET SOUND VESSEL TRAFFIC SERVICE LOCAL VARIANCE 
AND POLICY.—The Secretary, with the concurrence of the Under 
Secretary and in consultation with the Captain of the Port for 
the Puget Sound region— 
(1) shall implement local variances, as authorized by sub-
section (c) of section 70001 of title 46, United States Code, 
to reduce the impact of vessel traffic on large cetaceans; and 
(2) may enter into cooperative agreements, in accordance 
with subsection (d) of such section, with Federal, State, Tribal, 
and local officials to reduce the likelihood of vessel interactions 
with protected large cetaceans, which may include— 
(A) communicating marine mammal protection guid-
ance to vessels; 
(B) training on requirements imposed by local, State, 
Tribal, and Federal laws and regulations and guidelines 
concerning— 
(i) vessel buffer zones; 
(ii) vessel speed; 
(iii) seasonal no-go zones for vessels; 
(iv) protected areas, including areas designated as 
critical habitat, as applicable to marine operations; 
and 
(v) any other activities to reduce the direct and 
indirect impact of vessel traffic on large cetaceans; 
(C) training to understand, utilize, and communicate 
large cetacean location data; and 
(D) training to understand and communicate basic 
large cetacean detection, identification, and behavior, 
including— 
(i) cues of the presence of large cetaceans such 
as spouts, water disturbances, breaches, or presence 
of prey;
H. R. 7776—1683 
(ii) important feeding, breeding, calving, and 
rearing habitats that co-occur with areas of high risk 
of vessel strikes; 
(iii) seasonal large cetacean migration routes that 
co-occur with areas of high risk of vessel strikes; and 
(iv) areas designated as critical habitat for large 
cetaceans. 
(g) REPORT REQUIRED.—Not later than 1 year after the date 
of enactment of this Act, and every 2 years thereafter for the 
duration of the pilot program, the Commandant, in coordination 
with the Under Secretary and the Administrator of the Maritime 
Administration, shall submit to the appropriate congressional 
committees a report that— 
(1) evaluates the functionality, utility, reliability, respon-
siveness, and operational status of the Cetacean Desk estab-
lished under this section, including a quantification of reduc-
tions in vessel strikes to large cetaceans as a result of the 
pilot program; 
(2) assesses the efficacy of communication between the 
Cetacean Desk and the maritime industry and provides rec-
ommendations for improvements; 
(3) evaluates the integration and interoperability of existing 
data collection methods, as well as public data, into the Ceta-
cean Desk operations; 
(4) assesses the efficacy of collaboration and stakeholder 
engagement with Tribal governments, the State of Washington, 
institutions of higher education, the maritime industry, ports 
in the Puget Sound region, and nongovernmental organizations; 
and 
(5) evaluates the progress, performance, and implementa-
tion of guidance and training procedures for Puget Sound Vessel 
Traffic Service personnel, as required under subsection (f). 
SEC. 11305. MONITORING OCEAN SOUNDSCAPES. 
(a) IN GENERAL.—The Under Secretary shall maintain and 
expand an ocean soundscape development program to— 
(1) award grants to expand the deployment of Federal 
and non-Federal observing and data management systems 
capable of collecting measurements of underwater sound for 
purposes of monitoring and analyzing baselines and trends 
in the underwater soundscape to protect and manage marine 
life; 
(2) continue to develop and apply standardized forms of 
measurements to assess sounds produced by marine animals, 
physical processes, and anthropogenic activities; and 
(3) after coordinating with the Secretary of Defense, coordi-
nate and make accessible to the public the datasets, modeling 
and analysis, and user-driven products and tools resulting from 
observations of underwater sound funded through grants 
awarded under paragraph (1). 
(b) COORDINATION.—The program described in subsection (a) 
shall— 
(1) include the Ocean Noise Reference Station Network 
of the National Oceanic and Atmospheric Administration and 
the National Park Service; 
(2) use and coordinate with the Integrated Ocean Observing 
System; and
H. R. 7776—1684 
(3) coordinate with the Regional Ocean Partnerships and 
the Director of the United States Fish and Wildlife Service, 
as appropriate. 
(c) PRIORITY.—In awarding grants under subsection (a), the 
Under Secretary shall consider the geographic diversity of the 
recipients of such grants. 
(d) SAVINGS CLAUSE.—An activity may not be carried out under 
this section if the Secretary of Defense, in consultation with the 
Under Secretary, determines that the activity would negatively 
impact the defense readiness or the national security of the United 
States. 
(e) FUNDING.—From funds otherwise appropriated to the Under 
Secretary, $1,500,000 is authorized for each of fiscal years 2023 
through 2028 to carry out this section. 
Subtitle B—Oil Spills 
SEC. 11306. REPORT ON CHANGING SALVORS. 
Section 311(c)(3) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(c)(3)) is amended by adding at the end the following: 
‘‘(C) In any case in which the President or the Federal 
On-Scene Coordinator authorizes a deviation from the salvor 
as part of a deviation under subparagraph (B) from the 
applicable response plan required under subsection (j), the Com-
mandant of the Coast Guard shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing the deviation 
and the reasons for such deviation not less than 3 days after 
such deviation is authorized.’’. 
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL 
RESPONSE CONTRACTS. 
(a) IN GENERAL.—Subject to subsections (b) and (c), a contract 
with the Coast Guard for the containment or removal of a discharge 
entered into by the President under section 311(c) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(c)) shall contain a 
provision to indemnify a contractor for liabilities and expenses 
incidental to the containment or removal arising out of the perform-
ance of the contract that is substantially identical to the terms 
contained in subsections (d) through (h) of section H.4 (except 
for paragraph (1) of subsection (d)) of the contract offered by the 
Coast Guard in the solicitation numbered DTCG89–98– A–68F953, 
dated November 17, 1998. 
(b) REQUIREMENTS.— 
(1) SOURCE OF FUNDS.—The provision required under sub-
section (a) shall include a provision that the obligation to indem-
nify is limited to funds available in the Oil Spill Liability 
Trust Fund established by section 9509(a) of the Internal Rev-
enue Code of 1986 at the time the claim for indemnity is 
made. 
(2) UNCOMPENSATED
REMOVAL.—A claim for indemnity 
under a contract described in subsection (a) shall be made 
as a claim for uncompensated removal costs under section 
1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
H. R. 7776—1685 
(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.—Notwithstanding subsection 
(a), the United States shall not be obligated to indemnify a con-
tractor 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 mis-
conduct. 
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS. 
The Under Secretary of Commerce for Oceans and Atmosphere 
shall include in the Automated Data Inquiry for Oil Spills database 
(or a successor database) used by National Oceanic and Atmospheric 
Administration oil weathering models new data, including peer- 
reviewed data, on properties of crude and refined oils, including 
data on diluted bitumen, as such data becomes publicly available. 
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA. 
(a) ALASKA OIL SPILL PLANNING CRITERIA PROGRAM.— 
(1) IN GENERAL.—Chapter 3 of title 14, United States Code, 
is amended by adding at the end the following: 
‘‘§ 323. Western Alaska Oil Spill Planning Criteria Program 
‘‘(a) ESTABLISHMENT.—There is established within the Coast 
Guard a Western Alaska Oil Spill Planning Criteria Program 
(referred to in this section as the ‘Program’) to develop and admin-
ister the Western Alaska oil spill planning criteria. 
‘‘(b) PROGRAM MANAGER.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Commandant shall select a 
permanent civilian career employee through a competitive 
search process for a term of not less than 5 years to serve 
as the Western Alaska Oil Spill Criteria Program Manager 
(referred to in this section as the ‘Program Manager’)— 
‘‘(A) the primary duty of whom shall be to administer 
the Program; and 
‘‘(B) who shall not be subject to frequent or routine 
reassignment. 
‘‘(2) CONFLICTS OF INTEREST.—The individual selected to 
serve as the Program Manager shall not have conflicts of 
interest relating to entities regulated by the Coast Guard. 
‘‘(3) DUTIES.— 
‘‘(A) DEVELOPMENT OF GUIDANCE.—The Program Man-
ager shall develop guidance for— 
‘‘(i) approval, drills, and testing relating to the 
Western Alaska oil spill planning criteria; and 
‘‘(ii) gathering input concerning such planning cri-
teria from Federal agencies, State and local govern-
ments, Tribes, and relevant industry and nongovern-
mental entities. 
‘‘(B) ASSESSMENTS.—Not less frequently than once 
every 5 years, the Program Manager shall— 
‘‘(i) assess whether such existing planning criteria 
adequately meet the needs of vessels operating in the 
geographic area; and