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Pub. L.
Notes

Title V — Arctic Maritime Transportation

113th Congress · Approved Dec 18, 2014 · 128 Stat. 3022

TITLE V Arctic Maritime Transportation

SEC. 501. Arctic Maritime Transportation.

(a)
Arctic Maritime Transportation.— Chapter 5 of title 14, United States Code, is amended by inserting after section 89 the following:

“§ 90. Arctic maritime transportation

“(a) Purpose.—The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic.

“(b) International Maritime Organization Agreements.—To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic—

“(1) placement and maintenance of aids to navigation;

“(2) appropriate marine safety, tug, and salvage capabilities;

“(3) oil spill prevention and response capability;

“(4) maritime domain awareness, including long-range vessel tracking; and

“(5) search and rescue.

“(c) Coordination by Committee on the Maritime Transportation System.—The Committee on the Maritime Transportation System established under section 55501 of title 46, United States Code, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section.

“(d) Agreements and Contracts.—The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b).

“(e) Icebreaking.—The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section.

“(f) Arctic Definition.—In this section, the term ‘Arctic’? has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).”

(b)
Clerical Amendment.— The analysis for such chapter is amended by inserting after the item relating to section 89 the following:

“90. Arctic maritime transportation”.

(c)
Conforming Amendment.— Section 307 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 92 note) is repealed.

SEC. 502. Arctic Maritime Domain Awareness.

(a)
In General.— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:

“§ 154. Arctic maritime domain awareness

“(a) In General.—The Commandant shall improve maritime domain awareness in the Arctic—

“(1) by promoting interagency cooperation and coordination;

“(2) by employing joint, interagency, and international capabilities; and

“(3) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and departments and agencies listed in subsection (b).

“(b) Coordination.—The Commandant shall seek to coordinate the collection, sharing, and use of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and the following:

“(1) The Department of Homeland Security.

“(2) The Department of Defense.

“(3) The Department of Transportation.

“(4) The Department of State.

“(5) The Department of the Interior.

“(6) The National Aeronautics and Space Administration.

“(7) The National Oceanic and Atmospheric Administration.

“(8) The Environmental Protection Agency.

“(9) The National Science Foundation.

“(10) The Arctic Research Commission.

“(11) Any Federal agency or commission or State the Commandant determines is appropriate.

“(c) Cooperation.—The Commandant and the head of a department or agency listed in subsection (b) may by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities to carry out the requirements of this section.

“(d) 5-year Strategic Plan.—Not later than January 1, 2016 and every 5 years thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic.

“(e) Definitions.—In this section the term ‘Arctic’ has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).”

(b)
Clerical Amendment.— The analysis for such chapter is amended by inserting after the item relating to section 153 the following:

“154. Arctic maritime domain awareness.”.

SEC. 503. Imo Polar Code Negotiations.

Not later than 30 days after the date of the enactment of this Act, and thereafter with the submission of the budget proposal submitted for each of fiscal years 2016, 2017, and 2018 under section 1105 of title 31, United States Code, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on—
(1)
the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code, and any amendments proposed by such a code to be made to the International Convention for the Safety of Life at Sea and the International Convention for the Prevention of Pollution from Ships;
(2)
the coming into effect of such a code and such amendments for nations that are parties to those conventions;
(3)
impacts, for coastal communities located in the Arctic (as that term is defined in the section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)) of such a code or such amendments, on—
(A)
the costs of delivering fuel and freight; and
(B)
the safety of maritime transportation; and
(4)
actions the Secretary must take to implement the requirements of such a code and such amendments.

SEC. 504. Forward Operating Facilities.

The Secretary of the department in which the Coast Guard is operating may construct facilities in the Arctic (as that term is defined in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). The facilities shall—
(1)
support aircraft maintenance, including exhaust ventilation, heat, an engine wash system, fuel, ground support services, and electrical power;
(2)
provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and
(3)
include accommodations for personnel.

SEC. 505. Icebreakers.

(a)
Coast Guard Polar Icebreakers.— Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1560) is amended—
(1)
in subsection (d)(2)—
(A)
in the paragraph heading by striking “ ; bridging strategy”; and
(B)
by striking “ Commandant of the Coast Guard” and all that follows through the period at the end and inserting “ Commandant of the Coast Guard may decommission the Polar Sea.”;
(2)
by adding at the end of subsection (d) the following:

“(3) Result of no determination.—If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost effective to reactivate the Polar Sea, then—

“(A) the Commandant of the Coast Guard may decommission the Polar Sea; or

“(B) the Secretary may make such determination, not later than 90 days after the date of the enactment of Howard Coble Coast Guard and Maritime Transportation Act of 2014, and take actions in accordance with this subsection as though such determination was made in the analysis previously submitted.”

(3)
by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
(4)
by inserting after subsection (d) the following:

“(e) Strategies.—

“(1) In general.—Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) unless the Secretary makes a determination under this section that it is cost effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024;

“(B) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and

“(C) a strategy to meet the Coast Guard’s Antarctic ice operations needs through September 30, 2050

“(2) Requirement.—The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph.”

(b)
Cutter “Polar Sea”.— Upon the submission of a service life extension plan in accordance with section 222(d)(1)(C) of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1560), the Secretary of the department in which the Coast Guard is operating may use funds authorized under section 101 of this Act to conduct a service life extension of 7 to 10 years for the Coast Guard Cutter Polar Sea (WAGB 11) in accordance with such plan.
(c)
Limitation.—
(1)
In general.— The Secretary of the department in which the Coast Guard is operating may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for—
(A)
design activities related to a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of another Federal department or agency, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or
(B)
long-lead-time materials, production, or post-delivery activities related to such a capability.
(2)
Other amounts.— Amounts made available to the Secretary under an agreement with another Federal department or agency and expended on a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of that or another Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation established under paragraph (1).

SEC. 506. Icebreaking in Polar Regions.

(a)
In General.— Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following:

“§ 87. Icebreaking in polar regions

“The President shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard.”

(b)
Clerical Amendment.— The analysis for such chapter is amended by inserting after the item relating to section 86 the following:

“87. Icebreaking in polar regions.”.