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(C) A court may allow data it has decided is 
discoverable under this paragraph to be admitted 
into evidence in a judicial proceeding only if the 
court places the data under seal to prevent the use 
of the data for a purpose other than for the pro-
ceeding. 
(3) APPLICATION.—Paragraph (1) shall not apply 
to— 
(A) any disclosure made with actual knowledge 
that the disclosure was false, inaccurate, or mis-
leading; or 
(B) any disclosure made with reckless dis-
regard as to the truth or falsity of that disclosure. 
(e) RESTRICTION ON USE OF DATA.—Data that is vol-
untarily submitted for the purpose of the study required 
under subsection (a) shall not be used in an administrative 
action under chapter 77 of title 46, United States Code. 
SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 
The Secretary of the Department in which the Coast 
Guard is operating and the Under Secretary of Commerce for 
Oceans and Atmosphere shall revise the area to be avoided 
off the coast of the State of Washington so that restrictions 
apply to all vessels required to prepare a response plan pur-
suant to section 311(j) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(j)) (other than fishing or research
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vessels while engaged in fishing or research within the area 
to be avoided). 
SEC. 705. PREVENTION OF SMALL OIL SPILLS. 
(a) PREVENTION
AND
EDUCATION
PROGRAM.—The 
Under Secretary of Commerce for Oceans and Atmosphere, 
in consultation with the Secretary of the Department in 
which the Coast Guard is operating and other appropriate 
agencies, shall establish an oil spill prevention and education 
program for small vessels. The program shall provide for as-
sessment, outreach, and training and voluntary compliance 
activities to prevent and improve the effective response to oil 
spills from vessels and facilities not required to prepare a ves-
sel response plan under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), including recreational vessels, 
commercial fishing vessels, marinas, and aquaculture facili-
ties. The Under Secretary may provide grants to sea grant 
colleges and institutes designated under section 207 of the 
National Sea Grant College Program Act (33 U.S.C. 1126) 
and to State agencies, tribal governments, and other appro-
priate entities to carry out— 
(1) regional assessments to quantify the source, in-
cidence and volume of small oil spills, focusing initially 
on regions in the country where, in the past 10 years, 
the incidence of such spills is estimated to be the high-
est;
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(2) voluntary, incentive-based clean marina pro-
grams that encourage marina operators, recreational 
boaters, and small commercial vessel operators to engage 
in environmentally sound operating and maintenance 
procedures and best management practices to prevent or 
reduce pollution from oil spills and other sources; 
(3) cooperative oil spill prevention education pro-
grams that promote public understanding of the impacts 
of spilled oil and provide useful information and tech-
niques to minimize pollution, including methods to re-
move oil and reduce oil contamination of bilge water, 
prevent accidental spills during maintenance and refuel-
ing and properly cleanup and dispose of oil and haz-
ardous substances; and 
(4) support for programs, including outreach and 
education to address derelict vessels and the threat of 
such vessels sinking and discharging oil and other haz-
ardous substances, including outreach and education to 
involve efforts to the owners of such vessels. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Under Secretary of 
Commerce for Oceans and Atmosphere to carry out this sec-
tion, $10,000,000 for each of fiscal years 2010 through 2014.
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SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERN-
MENTS. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Secretary of the Department in 
which the Coast Guard is operating shall complete the devel-
opment of a tribal consultation policy, which recognizes and 
protects to the maximum extent practicable tribal treaty 
rights and trust assets in order to improve the Coast Guard’s 
consultation and coordination with the tribal governments of 
federally recognized Indian tribes with respect to oil spill pre-
vention, preparedness, response and natural resource damage 
assessment. 
(b) INCLUSION
OF TRIBAL GOVERNMENT.—The Sec-
retary of the Department in which the Coast Guard is oper-
ating shall ensure that, as soon as practicable after identi-
fying an oil spill that is likely to have a significant impact 
on natural or cultural resources owned or directly utilized by 
a federally recognized Indian tribe, the Coast Guard will— 
(1) ensure that representatives of the tribal govern-
ment of the affected tribes are included as part of the 
incident command system established by the Coast 
Guard to respond to the spill; 
(2) share information about the oil spill with the 
tribal government of the affected tribe; and 
(3) to the extent practicable, involve tribal govern-
ments in deciding how to respond to the spill.
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(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 
may enter into memoranda of agreement and associated pro-
tocols with Indian tribal governments in order to establish co-
operative arrangements for oil pollution prevention, prepared-
ness, and response. Such memoranda may be entered into 
prior to the development of the tribal consultation and coordi-
nation policy to provide Indian tribes grant and contract as-
sistance. Such memoranda of agreement and associated pro-
tocols with Indian tribal governments may include— 
(1) arrangements for the assistance of the tribal 
government to participate in the development of the Na-
tional Contingency Plan and local Area Contingency 
Plans to the extent they affect tribal lands, cultural and 
natural resources; 
(2) arrangements for the assistance of the tribal 
government to develop the capacity to implement the 
National Contingency Plan and local Area Contingency 
Plans to the extent they affect tribal lands, cultural and 
natural resources; 
(3) provisions on coordination in the event of a 
spill, including agreements that representatives of the 
tribal government will be included as part of the regional 
response team co-chaired by the Coast Guard and the 
Environmental Protection Agency to establish policies 
for responding to oil spills;