Title II — S. 74 (Introduced in Senate)

Sec. 201 Improvements to National Oceanic and Atmospheric Administration oil spill response, containment, and prevention

(a)

Review of ability of National Oceanic and Atmospheric Administration To respond to oil spills—

(1)

Comprehensive review required— Not later than 1 year after the date of the enactment of this Act, the Under Secretary for Oceans and Atmosphere shall conduct a comprehensive review of the current capacity of the National Oceanic and Atmospheric Administration to respond to oil spills.

(2)

Elements— The review under paragraph (1) shall include the following:

(A)

A comparison of oil spill modeling requirements with the state-of-the-art oil spill modeling with respect to near shore and offshore areas.

(B)

Development of recommendations on priorities for improving forecasting of oil spill, trajectories, and impacts.

(C)

An inventory of the products and tools of the National Oceanic and Atmospheric Administration that can aid in assessing the potential risk and impacts of oil spills. The products and tools may include environmental sensitivity index maps, the United States Integrated Ocean Observing System, research vessels, aviation-based sensors, satellites, and oil spill trajectory models.

(D)

An identification of the baseline oceanographic and climate data required to support state-of-the-art modeling.

(E)

An assessment of the ability of the National Oceanic and Atmospheric Administration to respond to the effects of an oil spill on its trust resources, including—

(i)

marine sanctuaries, monuments, and other protected areas; and

(ii)

marine mammals, fish, corals, sea turtles, and other protected species, and efforts to rehabilitate these species.

(3)

Report— Upon completion of the review, the Under Secretary shall submit to Congress a report on the review, including the findings and recommendations.

(b)

Oil spill trajectory modeling— The Under Secretary for Oceans and Atmosphere shall be responsible for developing and maintaining oil spill trajectory modeling capabilities for the United States, including taking such actions as may be required by subsections (c) through (f).

(c)

Environmental sensitivity index—

(1)

Update— Beginning not later than 180 days after the date of enactment of this Act, and not less frequently than once every 7 years thereafter, the Under Secretary for Oceans and Atmosphere shall update the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for—

(A)

each coastal area of the United States;

(B)

each offshore area of the United States that is leased or under consideration for leasing for offshore energy production; and

(C)

each offshore area of the United States that is under consideration for maritime transportation.

(2)

Expanded coverage— Not later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere, to the greatest extent practicable, shall create an environmental sensitivity index product for each area described in paragraph (1) for which the National Oceanic and Atmospheric Administration did not have an environmental sensitivity index product on the day before the date of enactment of this Act.

(3)

Environmental sensitivity index product defined— In this subsection, the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.

(d)

Subsea hydrocarbon review— Not later than 120 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall conduct a comprehensive review of the current state of the National Oceanic and Atmospheric Administration to monitor, map, and track subsea hydrocarbons, including a review of the effect of subsea hydrocarbons and dispersants at varying concentrations on living marine resources.

(e)

Initiative on oil spills from aging and abandoned oil infrastructure— Not later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall establish an initiative—

(1)

to determine the significance, response, frequency, size, potential fate, and potential effects, including those on sensitive habitats, of oil spills resulting from aging and abandoned oil infrastructure; and

(2)

to formulate recommendations on how best to address the spills described in paragraph (1).

(f)

Inventory of offshore abandoned or sunken vessels— Not later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall—

(1)

develop an inventory of offshore abandoned or sunken vessels in the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)); and

(2)

identify priorities (based on amount of oil, feasibility of oil recovery, fate and effects of oil if released, and cost-benefit of preemptive action) for potential preemptive removal of oil or other actions that may be effective to mitigate the risk of oil spills from offshore abandoned or sunken vessels.

Sec. 202 Coast Guard response plan requirements

(a)

In general— The Secretary of the department in which the Coast Guard is operating shall require all response plans approved by the Coast Guard under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) to be updated not less than once every 5 years.

(b)

Best available technology— Each response plan update under subsection (a) shall utilize the best commercially available technology and methods to contain and remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge.

(c)

Technology standards—

(1)

In general— The Secretary of the department in which the Coast Guard is operating may establish requirements and guidance for utilizing the best commercially available technology and methods under subsection (b).

(2)

Requirements— The best commercially available technology and methods shall be based on measurable standards and capabilities whenever practicable.

(d)

Resubmission— Each update under subsection (a) shall be considered a significant change requiring it to be resubmitted for approval by the Coast Guard.

Sec. 203 Oil spill technology evaluation

(a)

In general— The Secretary of the department in which the Coast Guard is operating shall establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies.

(b)

Approvals—

(1)

In general— The program under subsection (a) shall include the establishment of a process for new methods and technologies—

(A)

to be submitted to and evaluated by the Secretary of the department in which the Coast Guard is operating; and

(B)

to gain validation for use in spill responses and inclusion in response plans under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).

(2)

Performance capabilities— Following each validation under paragraph (1)(B), the Secretary of the department in which the Coast Guard is operating shall consider whether the method or technology meets a performance capability warranting designation of a new standard for best available technology or methods.

(c)

Technology clearinghouse— Each technology and method validated under subsection (b)(1)(B) shall be included in the comprehensive list of spill removal resources maintained by the Coast Guard through the National Response Unit.

(d)

Consultation— The Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of the Interior, the Under Secretary for Oceans and Atmosphere, the Administrator of the Environmental Protection Agency, the Secretary of Transportation, and the Secretary of Energy in carrying out this section.

Sec. 204 Safety management system requirements for mobile offshore drilling units

(a)

Application— Section 3202 of title 46, United States Code, is amended—

(1)

in subsection (a)(1)(B) by striking “vessel, or self-propelled mobile offshore drilling unit; and” and inserting “vessel; and”; and

(2)

by amending subsection (b) to read as follows:

“(b) Other Vessels—This chapter applies to a vessel that—

“(1) is a passenger vessel or small passenger vessel and is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty; or

“(2) is a mobile offshore drilling unit.”

(b)

Safety management systems— Section 3203 of title 46, United States Code, is amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following:

“(b) Mobile offshore drilling units—The safety management system described in subsection (a) for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the United States, including the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)), shall include processes, procedures, and policies related to the safe, environmentally sound operation and maintenance of all machinery and systems of the unit that are used for the commercial industrial functions and purposes of the unit.”

Sec. 205 Gulf of Mexico long-term marine environmental monitoring and research program

(a)

Environmental monitoring and research program required—

(1)

In general— As soon as practicable after the date of enactment of this Act, and subject to the availability of appropriations or other sources of funding, the Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall establish and carry out a long-term marine environmental monitoring and research program for the marine and coastal environment of the Gulf of Mexico to ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess long-term direct and indirect impacts on trust resources located in the Gulf of Mexico and Southeast region resulting from the oil spill caused by the mobile offshore drilling unit Deepwater Horizon.

(2)

Period of program— The Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall carry out the program under paragraph (1) during the 10-year period beginning on the date of commencement of the program. The Secretary may extend the period if the Secretary determines that additional monitoring and research is warranted.

(b)

Scope of program— The program under subsection (a) shall include the following:

(1)

Monitoring and research of the physical, chemical, and biological characteristics of the affected marine, coastal, and estuarine regions of the Gulf of Mexico and other regions of the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)) and adjacent regions affected by the oil spill caused by the mobile offshore drilling unit Deepwater Horizon.

(2)

The fate, transport, and persistence of oil released during the spill and spatial distribution throughout the water column, including in-situ burn residues.

(3)

The fate, transport, and persistence of chemical dispersants applied in-situ or on surface waters.

(4)

Identification of lethal and sub-lethal impacts to shellfish, fish, and wildlife resources that utilize habitats located within the affected region.

(5)

Impacts to regional, State, and local economies that depend on the natural resources of the affected region, including commercial and recreational fisheries, tourism, and other wildlife-dependent recreation.

(6)

Such other elements that the Secretary considers necessary to ensure a comprehensive marine research and monitoring program to comprehend the implications to trust resources caused by the oil spill from the mobile offshore drilling unit Deepwater Horizon.

(c)

Cooperation and consultation— In developing the research and monitoring program under subsection (a), the Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall—

(1)

coordinate with the United States Geological Survey; and

(2)

consult with—

(A)

the National Ocean Research Leadership Council established under section 7902 of title 10, United States Code;

(B)

such representatives from the Gulf coast States and affected countries as the Secretary considers appropriate;

(C)

such academic institutions and other research organizations as the Secretary considers appropriate; and

(D)

such other experts with expertise in long-term environmental monitoring and research of the marine environment as the Secretary considers appropriate.

(d)

Availability of data— Upon the review by and approval of the Attorney General regarding impacts on legal claims or litigation involving the United States, data and information generated through the program established under subsection (a) shall be managed and archived to ensure that it is accessible and available to the general public for their use and information.

(e)

Report— Not later than 1 year after the date of the commencement of the program under subsection (a), and biennially thereafter, the Secretary shall submit to Congress a comprehensive report—

(1)

summarizing the activities and findings of the program; and

(2)

detailing areas and issues requiring future monitoring and research.

(f)

Definitions— In this section:

(1)

Gulf coast State— The term Gulf coast State means each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida.

(2)

Secretary— The term Secretary means the Secretary of Commerce.

(3)

Trust resources— The term trust resources means the living and non-living natural resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any State, federally recognized Indian tribe, or a local government.

Sec. 206 Use of oil spill liability trust fund for expenses of National Oceanic and Atmospheric Administration

Section 1012(a)(5)(B) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(B)) is amended by striking “$15,000,000” and inserting “$25,000,000”.

Sec. 207 Notice to States of bulk oil transfers

(a)

In general— A State may require, by law, a person to provide notice of 24 hours or more to the State and to the Coast Guard prior to transferring oil in bulk as cargo in an amount equivalent to 250 barrels or more to, from, or within a vessel in State waters.

(b)

Coast Guard assistance— The Commandant of the Coast Guard may assist a State in developing appropriate methodologies for joint Federal and State notification of an oil transfer described in subsection (a) to minimize any potential burden to vessels.

Sec. 208 Coast Guard research and development

Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended—

(1)

by striking “$25,000,000” and inserting “$50,000,000”; and

(2)

by striking the semicolon at the end and inserting “, of which amount not less than 40 percent shall be used to conduct research, development, and evaluation of oil spill response and removal technologies and methods;”.

Title II — Improving marine oil spill preparedness

II Improving marine oil spill preparedness