SHORE Act

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3597 Reported in Senate (RS)]

Calendar No. 713
111th CONGRESS
2d Session
S. 3597

To improve the ability of the National Oceanic and Atmospheric
Administration, the Coast Guard, and coastal States to sustain healthy
ocean and coastal ecosystems by maintaining and sustaining their
capabilities relating to oil spill preparedness, prevention, response,
restoration, and research, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 15, 2010

Mr. Rockefeller (for himself and Mr. Nelson of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation

December 17, 2010

Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]

_______________________________________________________________________

A BILL

To improve the ability of the National Oceanic and Atmospheric
Administration, the Coast Guard, and coastal States to sustain healthy
ocean and coastal ecosystems by maintaining and sustaining their
capabilities relating to oil spill preparedness, prevention, response,
restoration, and research, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Securing
Health for Ocean Resources and Environment Act'' or the ``SHORE
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL
SPILL RESPONSE, CONTAINMENT, AND PREVENTION

<DELETED>Sec. 101. Improvements to National Oceanic and Atmospheric
Administration oil spill response,
containment, and prevention.
<DELETED>Sec. 102. Use of Oil Spill Liability Trust Fund for expenses
of National Oceanic and Atmospheric
Administration.
<DELETED>Sec. 103. Investment of amounts in Damage Assessment and
Restoration Revolving Fund in interest-
bearing obligations.
<DELETED>Sec. 104. Strengthening coastal State oil spill planning and
response.
<DELETED>Sec. 105. Gulf of Mexico long-term marine environmental
monitoring and research program.
<DELETED>Sec. 106. Arctic research and action to conduct oil spill
prevention.
<DELETED>TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION
CAPACITY

<DELETED>Sec. 201. Secretary defined.
<DELETED>Sec. 202. Arctic maritime readiness and oil spill prevention.
<DELETED>Sec. 203. Response plan update requirement.
<DELETED>Sec. 204. Advance planning and prompt decisionmaking in
closing and reopening fishing grounds.
<DELETED>Sec. 205. Oil spill technology evaluation.
<DELETED>Sec. 206. Coast Guard inspections.
<DELETED>Sec. 207. Certificate of inspection requirements.
<DELETED>Sec. 208. Navigational measures for protection of natural
resources.
<DELETED>Sec. 209. Notice to States of bulk oil transfers.
<DELETED>Sec. 210. Gulf of Mexico Regional Citizens Advisory Council.
<DELETED>Sec. 211. Vessel liability.
<DELETED>Sec. 212. Coast Guard research and development.
<DELETED>Sec. 213. Prompt intergovernmental notice of marine
casualties.
<DELETED>Sec. 214. Prompt publication of oil spill information.
<DELETED>TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

<DELETED>Sec. 301. Coordination of Federal and State activities with
respect to oil spill surveys.
<DELETED>Sec. 302. Coordination between National Oceanic and
Atmospheric Administration, Coast Guard,
and Department of Interior on oil spill
matters.
<DELETED>Sec. 303. Federal Oil Spill Research Committee.

<DELETED>TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL
SPILL RESPONSE, CONTAINMENT, AND PREVENTION</DELETED>

<DELETED>SEC. 101. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION OIL SPILL RESPONSE, CONTAINMENT, AND
PREVENTION.</DELETED>

<DELETED>    (a) Review of Ability of National Oceanic and Atmospheric
Administration To Respond to Oil Spills.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Elements.--The review conducted under
paragraph (1) shall include the following:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (B) Development of recommendations on
priorities for improving forecasting of oil spill,
trajectories, and impacts.</DELETED>
<DELETED>    (C) An inventory of the products and tools
of the National Oceanic and Atmospheric Administration
that can aid in assessment of the potential risk and
impacts of oil spills. Such products and tools may
include environmental sensitivity index maps, the
United States Integrated Ocean Observing System, and
oil spill trajectory models.</DELETED>
<DELETED>    (D) An identification of the baseline
oceanographic and climate data required to support
state of the art modeling.</DELETED>
<DELETED>    (E) An assessment of the Administration's
ability to respond to the effects of an oil spill on
its trust resources, including--</DELETED>
<DELETED>    (i) marine sanctuaries, monuments,
and other protected areas; and</DELETED>
<DELETED>    (ii) marine mammals, sea turtles,
and other protected species, and efforts to
rehabilitate such species.</DELETED>
<DELETED>    (3) Report.--Upon completion of the review
required by paragraph (1), the Under Secretary shall submit to
Congress a report on such review, including the findings of the
Under Secretary with respect to such review.</DELETED>
<DELETED>    (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 (g).</DELETED>
<DELETED>    (c) Environmental Sensitivity Index.--</DELETED>
<DELETED>    (1) Update.--Beginning not later than 180 days
after the date of the enactment of this Act and not less
frequently than once every 7 years thereafter, the Under
Secretary shall update the environmental sensitivity index
products of the National Oceanic and Atmospheric Administration
for each coastal area of the United States and for each
offshore area of the United States that is leased or under
consideration for leasing for offshore energy
production.</DELETED>
<DELETED>    (2) Expanded coverage.--Not later than 270 days
after the date of the enactment of this Act, the Under
Secretary shall, to the maximum extent practicable, 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 the enactment of this
Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Subsea Hydrocarbon Review.--Not later than 120 days
after the date of the enactment of this Act, the Under Secretary 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.</DELETED>
<DELETED>    (e) National Information Center on Oil Spills.--The Under
Secretary shall establish a national information center on oil spills
that--</DELETED>
<DELETED>    (1) includes scientific information and research
on oil spill preparedness, response, and restoration;</DELETED>
<DELETED>    (2) serves as a single access point for emergency
responders for such scientific data; and</DELETED>
<DELETED>    (3) provides outreach and utilizes communication
mechanisms to inform partners, the public, and local
communities about the availability of oil spill preparedness,
prevention, response, and restoration information and services
and otherwise improves public understanding and minimizes
impacts of oil spills.</DELETED>
<DELETED>    (f) Initiative on Oil Spills From Aging and Abandoned Oil
Infrastructure.--Not later than 270 days after the date of the
enactment of this Act, the Under Secretary shall establish an
initiative--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) to formulate recommendations on how best to
address such spills.</DELETED>
<DELETED>    (g) Inventory of Offshore Abandoned or Sunken Vessels.--
Not later than 270 days after the date of the enactment of this Act,
the Under Secretary shall develop an inventory of offshore abandoned or
sunken vessels in the exclusive economic zone of the United States and
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.</DELETED>

<DELETED>SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES
OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.</DELETED>

<DELETED>    Section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)) is amended--</DELETED>
<DELETED>    (1) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and</DELETED>
<DELETED>    (2) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED>    ``(B) not more than $25,000,000 in each
fiscal year shall be available to the Under Secretary
for Oceans and Atmosphere without further appropriation
for expenses incurred by, and activities related to,
preparedness, response, restoration, and damage
assessment capabilities of the National Oceanic and
Atmospheric Administration;</DELETED>
<DELETED>    ``(C) not more than $20,000,000 in each
fiscal year shall be available to the Under Secretary
for Oceans and Atmosphere for the research and
development of technologies identified by the Office of
Response and Restoration of the National Oceanic and
Atmospheric Administration as beneficial for
prevention, removal, and enforcement related to oil
discharges;''.</DELETED>

<DELETED>SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND
RESTORATION REVOLVING FUND IN INTEREST-BEARING
OBLIGATIONS.</DELETED>

<DELETED>    The Secretary of the Treasury shall invest such a portion
of the amounts in the Damage Assessment and Restoration Revolving Fund
described in title I of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act of 1991
(33 U.S.C. 2706 note) as is not required to meet current withdrawals,
as determined by the Secretary, in interest-bearing obligations of the
United States in accordance with section 9602 of the Internal Revenue
Code of 1986.</DELETED>

<DELETED>SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND
RESPONSE.</DELETED>

<DELETED>    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended adding at the end the following new section:</DELETED>

<DELETED>``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND
PLANNING.</DELETED>

<DELETED>    ``(a) Grants to States.--The Secretary may make grants to
eligible coastal states--</DELETED>
<DELETED>    ``(1) to revise management programs approved under
section 306 and National Estuarine Research Reserves approved
under section 315 to identify and implement new enforceable
policies and procedures to ensure sufficient response
capabilities at the State level to address the environmental,
economic and social impacts of oil spills or other accidents
resulting from Outer Continental Shelf energy activities with
the potential to affect and land or water use or natural
resource of the coastal zone; and</DELETED>
<DELETED>    ``(2) to review and revise where necessary
applicable enforceable policies within approved coastal State
management programs affecting coastal energy activities and
energy to ensure that these policies are consistent with--
</DELETED>
<DELETED>    ``(A) other emergency response plans and
policies developed under Federal or State law;
and</DELETED>
<DELETED>    ``(B) new policies and procedures
developed under paragraph (1).</DELETED>
<DELETED>    ``(b) Elements.--New enforceable policies and procedures
developed by coastal states with grants awarded under this section
shall consider, but not be limited to--</DELETED>
<DELETED>    ``(1) other existing emergency response plans,
procedures and enforceable policies developed under other
Federal or State law that affect the coastal zone;</DELETED>
<DELETED>    ``(2) identification of critical infrastructure
essential to facilitate spill or accident response
activities;</DELETED>
<DELETED>    ``(3) identification of coordination, logistics
and communication networks between Federal and State government
agencies, and between State agencies and affected local
communities, to ensure the efficient and timely dissemination
of data and other information;</DELETED>
<DELETED>    ``(4) inventories of shore locations and
infrastructure and equipment necessary to respond to oil spills
or other accidents resulting from Outer Continental Shelf
energy activities;</DELETED>
<DELETED>    ``(5) identification and characterization of
significant or sensitive marine ecosystems or other areas
possessing important conservation, recreational, ecological,
historic, or aesthetic values;</DELETED>
<DELETED>    ``(6) inventories and surveys of shore locations
and infrastructure capable of supporting alternative energy
development; and</DELETED>
<DELETED>    ``(7) other information or actions as may be
necessary.</DELETED>
<DELETED>    ``(c) Guidelines.--The Secretary shall, within 180 days
after the date of enactment of this section and after consultation with
the coastal states, publish guidelines for the application for and use
of grants under this section.</DELETED>
<DELETED>    ``(d) Participation.--Coastal states shall provide
opportunity for public participation in developing new enforceable
policies and procedures under this section pursuant to subsections
(d)(1) of (e) of section 306, especially by relevant Federal agencies,
other coastal state agencies, local governments, regional
organizations, port authorities, and other interested parties and
stakeholders, public and private, that are related to, or affected by
Outer Continental Shelf energy activities.</DELETED>
<DELETED>    ``(e) Annual Grants.--</DELETED>
<DELETED>    ``(1) In general.--For each of fiscal years 2011
through 2015, the Secretary may make a grant to a coastal state
to develop new enforceable policies and procedures as required
under this section.</DELETED>
<DELETED>    ``(2) Grant amounts and limit on awards.--The
amount of any grant to any one coastal state under this section
shall not exceed $750,000 for any fiscal year.</DELETED>
<DELETED>    ``(3) No state matching contribution required.--A
coastal state shall not be required to contribute any portion
of the cost of a grant awarded under this section.</DELETED>
<DELETED>    ``(4) Secretarial review and limit on awards.--
After an initial grant is made to a coastal state under this
section, no subsequent grant may be made to that coastal state
under this section unless the Secretary finds that the coastal
state is satisfactorily developing revisions to address
offshore energy impacts. No coastal state is eligible to
receive grants under this section for more than 2 fiscal
years.</DELETED>
<DELETED>    ``(f) Applicability.--The requirements of this section
shall only apply if appropriations are provided to the Secretary to
make grants under this section to enable States to develop new or
revised enforceable policies and procedures. Further, this section
shall not be construed to convey any new authority to any coastal
state, or repeal or supersede any existing authority of any coastal
state, to regulate the siting, licensing, leasing, or permitting of
alternative energy facilities in areas of the Outer Continental Shelf
under the administration of the Federal Government. Nothing in this
section repeals or supersedes any existing coastal state
authority.</DELETED>
<DELETED>    ``(g) Assistance by the Secretary.--The Secretary shall,
as authorized under section 310(a) and to the extent practicable, make
available to coastal states the resources and capabilities of the
National Oceanic and Atmospheric Administration to provide technical
assistance to the coastal states to prepare revisions to approved
management programs to meet the requirements under this
section.''.</DELETED>

<DELETED>SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL
MONITORING AND RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) Environmental Monitoring and Research Program
Required.--</DELETED>
<DELETED>    (1) In general.--As soon as practicable after the
date of the enactment of this Act and subject to the
availability of appropriations or other sources of funding, the
Secretary shall, acting through the Under Secretary for Oceans
and Atmosphere, 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.</DELETED>
<DELETED>    (2) Period of program.--The Secretary shall carry
out the program required by paragraph (1) during the 10-year
period beginning on the date of the commencement of the
program. The Secretary may extend such period upon a
determination by the Secretary that additional monitoring and
research is warranted.</DELETED>
<DELETED>    (b) Scope of Program.--The program established under
subsection (a) shall include the following:</DELETED>
<DELETED>    (1) Monitoring and research of the physical,
chemical, and biological characteristics of the affected
marine, coastal, and estuarine areas of the Gulf of Mexico and
other regions of the exclusive economic zone of the United
States and adjacent regions affected by the oil spill caused by
the mobile offshore drilling unit Deepwater Horizon.</DELETED>
<DELETED>    (2) The fate, transport, and persistence of oil
released during the spill and spatial distribution throughout
the water column, including in-situ burn residues.</DELETED>
<DELETED>    (3) The fate, transport, and persistence of
chemical dispersants applied in-situ or on surface
waters.</DELETED>
<DELETED>    (4) Identification of lethal and sub-lethal
impacts to shellfish, fish, and wildlife resources that utilize
habitats located within the affected region.</DELETED>
<DELETED>    (5) Impacts to regional, State, and local
economies that depend on the natural resources of the affected
area, including commercial and recreational fisheries, tourism,
and other wildlife-dependent recreation.</DELETED>
<DELETED>    (6) Other elements considered necessary by the
Secretary to ensure a comprehensive marine research and
monitoring program to comprehend and understand the
implications to trust resources caused by the oil spill from
the mobile offshore drilling unit Deepwater Horizon.</DELETED>
<DELETED>    (c) Cooperation and Consultation.--In developing the
research and monitoring program established under subsection (a), the
Secretary shall--</DELETED>
<DELETED>    (1) coordinate with the United States Geological
Survey; and</DELETED>
<DELETED>    (2) consult with--</DELETED>
<DELETED>    (A) the National Ocean Research Leadership
Council established under section 7902 of title 10,
United States Code;</DELETED>
<DELETED>    (B) such representatives from the Gulf
coast States and affected countries as the Secretary
considers appropriate;</DELETED>
<DELETED>    (C) academic institutions and other
research organizations; and</DELETED>
<DELETED>    (D) such other experts with expertise in
long-term environmental monitoring and research of the
marine environment as the Secretary considers
appropriate.</DELETED>
<DELETED>    (d) Availability of Data.--Upon 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 governmental and non-
governmental personnel and to the general public for their use and
information.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) summarizing the activities and findings of the
program; and</DELETED>
<DELETED>    (2) detailing areas and issues requiring future
monitoring and research.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
<DELETED>    (1) Gulf coast state.--The term ``Gulf coast
State'' means each of the States of Texas, Louisiana,
Mississippi, Alabama, and Florida.</DELETED>
<DELETED>    (2) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED>    (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, an Indian Tribe, or
a local government.</DELETED>

<DELETED>SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL
PREVENTION.</DELETED>

<DELETED>    (a) In General.--The Secretary of Commerce shall, acting
through the Under Secretary for Oceans and Atmosphere and in
collaboration with the heads of other agencies or departments of the
United States with appropriate Arctic science expertise, direct
research and take action to improve the ability of the United States to
conduct oil spill prevention, response, and recovery in Arctic
waters.</DELETED>
<DELETED>    (b) Inclusions.--Research and action under this section
shall include the prioritization of resources--</DELETED>
<DELETED>    (1) to address--</DELETED>
<DELETED>    (A) ecological baselines and environmental
sensitivity indexes, including stock assessments of
marine mammals and other protected species in the
Arctic;</DELETED>
<DELETED>    (B) identification of ecological important
areas, sensitive habitats, and migratory
behaviors;</DELETED>
<DELETED>    (C) the development of oil spill
trajectory models in Arctic marine
conditions;</DELETED>
<DELETED>    (D) the collection of observational data
essential for response strategies in the event of an
oil spill during both open water and ice-covered
seasons, including data relating to oil spill
trajectory models that include data on--</DELETED>
<DELETED>    (i) currents;</DELETED>
<DELETED>    (ii) winds;</DELETED>
<DELETED>    (iii) weather;</DELETED>
<DELETED>    (iv) waves; and</DELETED>
<DELETED>    (v) ice forecasting;</DELETED>
<DELETED>    (E) the development of a robust
operational monitoring program during the open water
and ice-covered seasons;</DELETED>
<DELETED>    (F) improvements in technologies and
understanding of cold water oil recovery planning and
restoration implementation; and</DELETED>
<DELETED>    (G) the integration of local and
traditional knowledge into oil recovery research
studies; and</DELETED>
<DELETED>    (2) to establish a robust geospatial framework for
safe navigation and oil spill response through increased--
</DELETED>
<DELETED>    (A) hydrographic and bathymetric
surveying, mapping, and navigational
charting;</DELETED>
<DELETED>    (B) geodetic positioning; and</DELETED>
<DELETED>    (C) monitoring of tides, sea levels, and
currents in the Arctic.</DELETED>

<DELETED>TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION
CAPACITY</DELETED>

<DELETED>SEC. 201. SECRETARY DEFINED.</DELETED>

<DELETED>    In this title, except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the Secretary of the
Department in which the Coast Guard is operating.</DELETED>

<DELETED>SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL
PREVENTION.</DELETED>

<DELETED>    (a) In General.--The Commandant of the Coast Guard shall
assess and take action to reduce the risk and improve the capability of
the United States to respond to a maritime disaster in the United
States Beaufort and Chukchi Seas.</DELETED>
<DELETED>    (b) Matters To Be Addressed.--The assessment and actions
referred to in subsection (a) shall include the prioritization of
resources to address the following:</DELETED>
<DELETED>    (1) Oil spill prevention and response capabilities
and infrastructure.</DELETED>
<DELETED>    (2) The coordination of contingency plans and
agreements with other agencies and departments of the United
States, industry, and foreign governments to respond to an
Arctic oil spill.</DELETED>
<DELETED>    (3) The expansion of search and rescue
capabilities, infrastructure, and logistics, including
improvements of the Search and Rescue Optimal Planning
System.</DELETED>
<DELETED>    (4) The provisional designation of places of
refuge.</DELETED>
<DELETED>    (5) The evaluation and enhancement of navigational
infrastructure.</DELETED>
<DELETED>    (6) The evaluation and enhancement of vessel
monitoring, tracking, and automated identification systems and
navigational aids and communications infrastructure for safe
navigation and marine accident prevention in the
Arctic.</DELETED>
<DELETED>    (7) Shipping traffic risk assessments for the
Bering Strait and the Chukchi and Beaufort Seas.</DELETED>
<DELETED>    (8) The integration of local and traditional
knowledge and concerns into prevention and response
strategies.</DELETED>

<DELETED>SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary 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
often than once every five years.</DELETED>
<DELETED>    (b) Best Available Technology.--Each response plan update
required by 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.</DELETED>
<DELETED>    (c) Technology Standards.--The Coast Guard may establish
requirements and guidance for utilizing the best commercially available
technology and methods, which shall be based on performance metrics and
standards whenever practicable.</DELETED>
<DELETED>    (d) Resubmission.--Each update required by subsection (a)
shall be considered a significant change requiring it to be resubmitted
for approval by the Coast Guard.</DELETED>

<DELETED>SEC. 204. ADVANCE PLANNING AND PROMPT DECISIONMAKING IN
CLOSING AND REOPENING FISHING GROUNDS.</DELETED>

<DELETED>    (a) Requirement That Area Contingency Plans Contain Area-
Specific Protocols and Standards.--</DELETED>
<DELETED>    (1) Cooperation with state and local officials.--
Section 311(j)(4)(B)(ii) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the
semicolon after ``wildlife'' and inserting a comma and
``including advance planning with respect to the closing and
reopening of fishing grounds following an oil
spill;''.</DELETED>
<DELETED>    (2) Framework.--Section 311(j)(4)(C) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C))
is amended--</DELETED>
<DELETED>    (A) by redesignating clauses (vii) and
(viii) as clauses (viii) and (ix), respectively;
and</DELETED>
<DELETED>    (B) by inserting after clause (vi) the
following:</DELETED>
<DELETED>    ``(vii) develop a framework for
advance planning and decisionmaking with
respect to the closing and reopening of fishing
grounds following an oil spill, including
protocols and standards for the closing and
reopening of fishing areas;''.</DELETED>
<DELETED>    (b) National Guidance.--Section 311(j)(4)(D) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is
amended--</DELETED>
<DELETED>    (1) in clause (i) by striking ``and'' at the
end;</DELETED>
<DELETED>    (2) in clause (ii) by striking the period and
inserting ``; and''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(iii) acting through the
Commandant of the Coast Guard and in
consultation with the Under Secretary for
Oceans and Atmosphere and any other government
entities deemed appropriate, issue guidance for
Area Committees to use in developing a
framework for advance planning and
decisionmaking with respect to the closing and
reopening of fishing grounds following an oil
spill, which guidance shall include model
protocols and standards for the closing and
reopening of fishing areas.''.</DELETED>

<DELETED>SEC. 205. OIL SPILL TECHNOLOGY EVALUATION.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a program
for the formal evaluation and validation of oil pollution containment
and removal methods and technologies.</DELETED>
<DELETED>    (b) Approval.--The program required by subsection (a)
shall establish a process for new methods and technologies to be
submitted, evaluated, and gain validation for use in spill responses
and inclusion in response plans. Following each validation, the
Secretary shall consider whether the method or technology meets a
performance capability warranting designation of a new standard for
best available technology or methods.</DELETED>
<DELETED>    (c) Technology Clearinghouse.--All technologies and
methods validated under this section shall be included in the
comprehensive list of spill removal resources maintained by the Coast
Guard through the National Response Unit.</DELETED>
<DELETED>    (d) Consultation.--The Secretary shall consult with the
Secretary of the Interior, the Under Secretary for Oceans and
Atmosphere, the Administrator of the Environmental Protection Agency,
and the Secretary of Transportation in carrying out this
section.</DELETED>

<DELETED>SEC. 206. COAST GUARD INSPECTIONS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall increase the
frequency and comprehensiveness of safety inspections of all United
States and foreign-flag tank vessels that enter a United States port or
place, including increasing the frequency and comprehensiveness of
inspections of vessel age, hull configuration, and past violations of
any applicable discharge and safety regulations under United States and
international law that may indicate that the class societies inspecting
such vessels may be substandard, and other factors relevant to the
potential risk of an oil spill.</DELETED>
<DELETED>    (b) Enhanced Verification of Structural Condition.--The
Secretary shall adopt, as part of the Secretary's inspection
requirements for tank vessels, additional procedures for enhancing the
verification of the reported structural condition of such vessels,
taking into account the Condition Assessment Scheme adopted by the
International Maritime Organization by Resolution 94(46) on April 27,
2001.</DELETED>

<DELETED>SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS.</DELETED>

<DELETED>    Chapter 33 of title 46, United States Code, is amended--
</DELETED>
<DELETED>    (1) in section 3301, by adding at the end the
following:</DELETED>
<DELETED>    ``(16) vessels and other structures, fixed or
floating, including those which dynamically hold position or
are attached to the seabed or subsoil, which are capable of
exploring for, drilling for, developing, or producing oil or
gas.''; and</DELETED>
<DELETED>    (2) in section 3305(a)(1)--</DELETED>
<DELETED>    (A) by amending subparagraph (E) to read
as follows:</DELETED>
<DELETED>    ``(E) is in a condition to be operated
with safety to life and property, which including the
operation of systems used for the capabilities
described in paragraph (16) of section 3301,
including--</DELETED>
<DELETED>    ``(i) drilling systems, including
risers and blow out preventers; and</DELETED>
<DELETED>    ``(ii) production systems, if so
equipped;'';</DELETED>
<DELETED>    (B) in subparagraph (F), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED>    (C) by adding the following:</DELETED>
<DELETED>    ``(G) for vessels and other structures
described in paragraph (16) of section 3301 (including
the systems used for the capabilities described in
paragraph (16) of section 3301), complies with the
highest classification, certification, rating, and
inspection standards for vessels or structures of the
same age and type imposed by--</DELETED>
<DELETED>    ``(i) the American Bureau of
Shipping; or</DELETED>
<DELETED>    ``(ii) another classification
society approved by the Secretary as meeting
acceptable standards for such a society, except
that the classification of vessels or
structures under this section by a foreign
classification society may be accepted by the
Secretary only--</DELETED>
<DELETED>    ``(I) to the extent that
the government of the foreign country
in which the society is headquartered
accepts classification by the American
Bureau of Shipping of vessels and
structures used in the offshore
exploration, development, and
production of oil and gas in that
country; and</DELETED>
<DELETED>    ``(II) if the foreign
classification society has offices and
maintains records in the United
States.''.</DELETED>

<DELETED>SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL
RESOURCES.</DELETED>

<DELETED>    (a) Designation of At-Risk Areas.--The Commandant of the
Coast Guard, in consultation the Under Secretary for Oceans and
Atmosphere, shall identify areas in waters subject to the jurisdiction
of the United States in which routing or other navigational measures
are warranted to reduce the risk of oil spills and potential damage to
natural resources. In identifying such areas, the Commandant shall give
priority consideration to natural resources of particular ecological
importance or economic importance, including--</DELETED>
<DELETED>    (1) commercial fisheries;</DELETED>
<DELETED>    (2) aquaculture facilities;</DELETED>
<DELETED>    (3) marine sanctuaries designated by the Secretary
of Commerce pursuant to the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.);</DELETED>
<DELETED>    (4) estuaries of national significance designated
under section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330);</DELETED>
<DELETED>    (5) critical habitat, as defined in section 3(5)
of the Endangered Species Act of 1973 (16 U.S.C.
1532(5));</DELETED>
<DELETED>    (6) estuarine research reserves within the
National Estuarine Research Reserve System established by
section 315 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461); and</DELETED>
<DELETED>    (7) national parks and national seashores
administered by the National Park Service under the National
Park Service Organic Act (16 U.S.C. 1 et seq.).</DELETED>
<DELETED>    (b) Factors Considered.--In determining whether
navigational measures are warranted for an area under subsection (a),
the Commandant and the Under Secretary for Oceans and Atmosphere shall
consider, at a minimum--</DELETED>
<DELETED>    (1) the frequency of transits of vessels which are
required to prepare a response plan under section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(j));</DELETED>
<DELETED>    (2) the type and quantity of oil transported as
cargo or fuel;</DELETED>
<DELETED>    (3) the expected benefits of routing measures in
reducing risks of spills;</DELETED>
<DELETED>    (4) the costs of such measures;</DELETED>
<DELETED>    (5) the safety implications of such measures;
and</DELETED>
<DELETED>    (6) the nature and value of the resources to be
protected by such measures.</DELETED>
<DELETED>    (c) Establishment of Routing and Other Navigational
Measures.--The Commandant shall establish such routing or other
navigational measures for areas identified under subsection
(a).</DELETED>
<DELETED>    (d) Establishment of Areas To Be Avoided.--To the extent
that the Commandant and the Under Secretary for Oceans and Atmosphere
identify areas in which navigational measures are warranted for an area
under subsection (a), the Secretary and the Under Secretary shall seek
to establish such areas through the International Maritime Organization
or establish comparable areas pursuant to regulations and in a manner
that is consistent with international law.</DELETED>
<DELETED>    (e) Oil Shipment Data and Report.--</DELETED>
<DELETED>    (1) Data collection.--The Commandant of the Coast
Guard, in consultation with the Chief of Engineers, shall
analyze data on oil transported as cargo on vessels in the
navigable waters of the United States, including information
on--</DELETED>
<DELETED>    (A) the quantity and type of oil being
transported;</DELETED>
<DELETED>    (B) the vessels used for such
transportation;</DELETED>
<DELETED>    (C) the frequency with which each type of
oil is being transported; and</DELETED>
<DELETED>    (D) the point of origin, transit route,
and destination of each such shipment of oil.</DELETED>
<DELETED>    (2) Quarterly report.--</DELETED>
<DELETED>    (A) Requirement for quarterly report.--The
Secretary shall, not less frequently than once each
calendar quarter, submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the data collected and
analyzed under paragraph (1).</DELETED>
<DELETED>    (B) Format.--Each report submitted under
subparagraph (A) shall be submitted in a format that
does not disclose information exempted from
disclosure.</DELETED>

<DELETED>SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS.</DELETED>

<DELETED>    (a) In General.--A State may, by law, require 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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 210. GULF OF MEXICO REGIONAL CITIZENS ADVISORY
COUNCIL.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title IV of the Oil
Pollution Act of 1990 is amended by inserting after section 4118 (33
U.S.C. 1203 note) the following:</DELETED>

<DELETED>``SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY
COUNCIL.</DELETED>

<DELETED>    ``(a) Establishment.--There is established a Gulf of
Mexico Regional Citizens' Advisory Council (referred to in this section
as the `Council').</DELETED>
<DELETED>    ``(b) Membership.--The Council shall be composed of voting
members and nonvoting members, as follows:</DELETED>
<DELETED>    ``(1) Voting members.--Each of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas shall each
have 6 voting members on the Council who shall be residents of
the State and appointed by the Governor of the State from a
list of nominees provided by each of the following interests in
the State, such that each interest in each State is represented
by a voting member:</DELETED>
<DELETED>    ``(A) Commercial fin fish and shellfish
industry.</DELETED>
<DELETED>    ``(B) Charter fishing industry.</DELETED>
<DELETED>    ``(C) Restaurant, hotel, and tourism
industries.</DELETED>
<DELETED>    ``(D) Indigenous peoples
communities.</DELETED>
<DELETED>    ``(E) Marine and coastal conservation
community.</DELETED>
<DELETED>    ``(F) Incorporated and unincorporated
municipalities.</DELETED>
<DELETED>    ``(2) Nonvoting members.--One ex-officio,
nonvoting representative shall be designated by, and represent,
each of the following:</DELETED>
<DELETED>    ``(A) The Coast Guard.</DELETED>
<DELETED>    ``(B) The Environmental Protection
Agency.</DELETED>
<DELETED>    ``(C) The National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED>    ``(D) The Bureau of Ocean Energy
Management, Regulation and Enforcement.</DELETED>
<DELETED>    ``(E) The lead maritime environmental and
natural resources management and enforcement agency
from each of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.</DELETED>
<DELETED>    ``(c) Terms.--</DELETED>
<DELETED>    ``(1) In general.--The voting members of the
Council shall be appointed for a term of 3 years.</DELETED>
<DELETED>    ``(2) Initial appointments.--For the terms of the
group of first appointments of voting members to the Council, a
drawing of lots among the appointees shall be conducted under
which--</DELETED>
<DELETED>    ``(A) </DELETED>\<DELETED>1/3</DELETED>\
<DELETED>of that group shall serve for 3
years;</DELETED>
<DELETED>    ``(B) </DELETED>\<DELETED>1/3</DELETED>\
<DELETED>of that group shall serve for 2 years;
and</DELETED>
<DELETED>    ``(C) the remainder of that group shall
serve for 1 year.</DELETED>
<DELETED>    ``(3) Duration of council.--The duration of the
Council shall be throughout the lifetime of energy development,
transportation, and facility removal activities in the Gulf of
Mexico.</DELETED>
<DELETED>    ``(d) Administration.--</DELETED>
<DELETED>    ``(1) In general.--The Council shall--</DELETED>
<DELETED>    ``(A) elect a chairperson;</DELETED>
<DELETED>    ``(B) select staff; and</DELETED>
<DELETED>    ``(C) make policies with regard to
internal operating procedures.</DELETED>
<DELETED>    ``(2) Self-governance.--After the initial
organizational meeting hosted by the Secretary of the
department in which the Coast Guard is operating, the Council
shall be self-governing.</DELETED>
<DELETED>    ``(3) Transparency.--The Council shall--</DELETED>
<DELETED>    ``(A) conduct the operations of the
Council in public, to the maximum extent practicable;
and</DELETED>
<DELETED>    ``(B) make the work products the Council
adopts available to the public.</DELETED>
<DELETED>    ``(4) Conflicts of interest.--An individual
selected as a voting member of the Council may not engage in
any activity that may conflict with the execution of the
functions or duties of the individual as a Council
member.</DELETED>
<DELETED>    ``(e) Duties.--</DELETED>
<DELETED>    ``(1) In general.--The Council shall, with regard
to facilities and tank vessels in, and on the coast of, the
Gulf of Mexico--</DELETED>
<DELETED>    ``(A) with regard to facilities and tank
vessels in, and on the coast of, the Gulf of Mexico--
</DELETED>
<DELETED>    ``(i) provide comprehensive
oversight and monitoring of policies, permits,
and regulations relating to the activities,
operation, and maintenance of the facilities
and tank vessels;</DELETED>
<DELETED>    ``(ii) monitor the environmental
impacts of the operation of the facilities and
tank vessels;</DELETED>
<DELETED>    ``(iii) monitor oil spill
prevention and response plans, including plans
relating to blowout prevention and response,
for the facilities and tank vessels;
and</DELETED>
<DELETED>    ``(iv) recommend standards and
conditions for regulations intended to ensure
the safe and environmentally sound operation
and maintenance of the facilities and tank
vessels;</DELETED>
<DELETED>    ``(B) provide recommendations for, and
otherwise assist, any oil spill recovery or spill
research institute established for the Gulf of Mexico;
and</DELETED>
<DELETED>    ``(C) conduct such other activities within
the authority and scope of the Council as the Council
considers appropriate.</DELETED>
<DELETED>    ``(2) Geographic scope.--The Council shall carry
out the duties described in paragraph (1) in a manner that, to
the maximum extent practicable, covers all activities of
facilities and tank vessels occurring in the Gulf of
Mexico.</DELETED>
<DELETED>    ``(f) Standing Committees.--The Council may create
standing committees as necessary to carry out the duties described in
subsection (e), including--</DELETED>
<DELETED>    ``(1) a scientific and technical
committee;</DELETED>
<DELETED>    ``(2) an environmental monitoring
committee;</DELETED>
<DELETED>    ``(3) an oil spill prevention and response
committee;</DELETED>
<DELETED>    ``(4) an offshore committee for monitoring
activities in water that is more than 500 feet in
depth;</DELETED>
<DELETED>    ``(5) a near-shore committee for monitoring
activities in water that is 500 feet or less in
depth;</DELETED>
<DELETED>    ``(6) an information and education committee;
and</DELETED>
<DELETED>    ``(7) a committee on social impact assessments:
prevention, mitigation and response.</DELETED>
<DELETED>    ``(g) Temporary Committees.--</DELETED>
<DELETED>    ``(1) In general.--In addition to the standing
committees authorized to be created in subsection (f), the
Council may create temporary committees as necessary to carry
out the duties of the Council relating to--</DELETED>
<DELETED>    ``(A) the blowout and explosion of the
mobile offshore drilling unit Deepwater Horizon that
occurred on April 20, 2010; and</DELETED>
<DELETED>    ``(B) the resulting hydrocarbon releases
into the environment, including temporary committees
relating to--</DELETED>
<DELETED>    ``(i) public and occupational
health; and</DELETED>
<DELETED>    ``(ii) assessment and monitoring
of environmental, social and economic
impacts.</DELETED>
<DELETED>    ``(2) Dissolution.--If a </DELETED>\<DELETED>2/
3</DELETED>\ <DELETED>majority of the Council votes to
discontinue activities relating to the incidents described in
paragraph (1), any temporary committee established under
paragraph (1) shall dissolve within 60 days after the date of
the vote.</DELETED>
<DELETED>    ``(h) Estoppel.--</DELETED>
<DELETED>    ``(1) In general.--The Council shall not be liable
under Federal or State law for costs or damages as a result of
rendering recommendations under this section.</DELETED>
<DELETED>    ``(2) Advice.--Any advice given by a voting member
of the Council, or by a program representative or agent, shall
not be grounds for estopping those interests represented by the
voting Council members from seeking damages or other
appropriate relief.</DELETED>
<DELETED>    ``(i) Information From Federal Agencies and Industry.--
</DELETED>
<DELETED>    ``(1) In general.--The Council may request
directly from any Federal agency (as defined in section 1004 of
the Solid Waste Disposal Act (42 U.S.C. 6903)) (referred to in
this section as a `Federal agency') information, suggestions,
estimates, and statistics for the purposes of this
section.</DELETED>
<DELETED>    ``(2) Agency cooperation.--</DELETED>
<DELETED>    ``(A) In general.--Effective beginning 180
days after the date of enactment of this section, each
Federal agency shall, with respect to all permits,
site-specific regulations, and other matters governing
the activities and actions within the purview of the
Council, consult with the Council prior to taking
substantive action with respect to the permit, site-
specific regulation, or other matter.</DELETED>
<DELETED>    ``(B) Review.--The consultation shall be
carried out in a manner that enables the Council--
</DELETED>
<DELETED>    ``(i) to review the permit, site-
specific regulation, or other matters;
and</DELETED>
<DELETED>    ``(ii) to make appropriate
recommendations regarding operations, policy,
or agency actions.</DELETED>
<DELETED>    ``(C) Emergencies.--Prior consultation
shall not be required under this paragraph if an
authorized Federal agency representative reasonably
believes that an emergency exists requiring action
without delay.</DELETED>
<DELETED>    ``(D) Information.--Each Federal agency
shall, on the request of the Council, to the extent
authorized by law, furnish information, suggestions,
estimates, and statistics directly to the
Council.</DELETED>
<DELETED>    ``(3) Access.--The Council shall have access to
oil and gas industry facilities and records that are relevant
to the proper execution of the duties of the Council under this
section.</DELETED>
<DELETED>    ``(j) Council Research.--In carrying out this section, the
Council--</DELETED>
<DELETED>    ``(1) may conduct applicable scientific research;
and</DELETED>
<DELETED>    ``(2) shall review applicable scientific work
undertaken by or on behalf of--</DELETED>
<DELETED>    ``(A) the energy industry;</DELETED>
<DELETED>    ``(B) the conservation community;
or</DELETED>
<DELETED>    ``(C) government agencies.</DELETED>
<DELETED>    ``(k) Council Recommendations.--</DELETED>
<DELETED>    ``(1) In general.--All recommendations of the
Council shall be advisory only.</DELETED>
<DELETED>    ``(2) Recommendations.--If a government agency,
responsible party, or other owner or operator, lessee, or
permittee (referred to in this paragraph as the `covered
individual or entity') decides not to accept, or decides to
substantially modify before adoption, a recommendation of the
Council, the covered individual or entity shall provide to the
Council, not later than 10 days after the date of the decision
of the covered individual or entity, a written notice of the
decision and a summary of reasons for the rejection or
substantial modification of the recommendation by the covered
individual or entity.</DELETED>
<DELETED>    ``(l) Location and Compensation.--</DELETED>
<DELETED>    ``(1) Office locations.--The Council shall
establish offices in 1 or more Gulf States, as the Council
determines to be necessary and appropriate to the operations of
the Council.</DELETED>
<DELETED>    ``(2) Per diem authorization.--A member of the
Council may not be compensated for service on the Council, but
shall be allowed travel expenses, including per diem, at a rate
established by the Council, not to exceed the rates authorized
for employees of agencies under sections 5702 and 5703 of title
5, United States Code (except by express authorization of the
Council in any case in which the rates are inadequate to
reimburse a member not eligible for travel rates of the Federal
Government).</DELETED>
<DELETED>    ``(m) Reports.--</DELETED>
<DELETED>    ``(1) GAO reports.--Not later than 3 years after
the date of establishment of the Council and every 3 years
thereafter, the Comptroller General of the United States shall
submit to the President and Congress a report covering the
operations and expenditures of the Council in carrying out this
section, including any recommendations.</DELETED>
<DELETED>    ``(2) Biennial reports to congress.--Every 2
years, the Council shall submit a report to Congress on--
</DELETED>
<DELETED>    ``(A) the achievement of safe operations
in the Gulf of oil and gas activities; and</DELETED>
<DELETED>    ``(B) on the operations and expenditures,
needs, problems, issues, and recommendations of the
Council.</DELETED>
<DELETED>    ``(3) Annual audits.--</DELETED>
<DELETED>    ``(A) In general.--The Council shall--
</DELETED>
<DELETED>    ``(i) commission an annual
independent financial statement audit by an
independent accounting firm; and</DELETED>
<DELETED>    ``(ii) publish the results of the
audits in a publicly available annual
report.</DELETED>
<DELETED>    ``(B) Biennial reports.--The audits shall
be incorporated into the reports to Congress required
by paragraph (2).</DELETED>
<DELETED>    ``(n) Suits Barred.--No program, association, council,
committee, or other organization created by this section may sue any
public or private person or entity concerning any matter arising under
this section other than the performance of a contracts.</DELETED>
<DELETED>    ``(o) Operational and Administrative Funding.--Owners or
operators of tank vessels, onshore facilities, or offshore facilities,
lessees, and permittees in the Gulf of Mexico shall provide, on an
annual basis, an aggregate amount of not more than $10,000,000, as
determined by the Secretary of the department in which the Coast Guard
is operating, that shall--</DELETED>
<DELETED>    ``(1) provide for the establishment and operation
of the Council (including standing committees and any temporary
committees); and</DELETED>
<DELETED>    ``(2) be adjusted annually to reflect changes in
the Consumer Price Index in the Gulf of Mexico
region.''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents in section 2
of the Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by
adding at the end of the items relating to title IV the
following:</DELETED>

<DELETED>``Sec. 4119. Gulf of Mexico Regional Citizens' Advisory
Council.''.

<DELETED>SEC. 211. VESSEL LIABILITY.</DELETED>

<DELETED>    Section 1004(a) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)) is amended by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED>    ``(1) for a vessel that is--</DELETED>
<DELETED>    ``(A) a tank ship that is a single-hull
vessel, including a single-hull vessel fitted with
double sides only or a double bottom only, $3,300 per
gross ton or $93,600,000, whichever is
greater;</DELETED>
<DELETED>    ``(B) a tank ship that is a double-hull
vessel, $1,900 per gross ton or $16,000,000, whichever
is greater;</DELETED>
<DELETED>    ``(C) a tank barge that is a single-hull
vessel, including a single-hull vessel fitted with
double sides only or a double bottom only, $7,000 per
gross ton or $29,100,000, whichever is greater;
or</DELETED>
<DELETED>    ``(D) a tank barge that is a double-hull
vessel, $7,000 per gross ton or $36,900,000, whichever
is greater;''.</DELETED>

<DELETED>SEC. 212. COAST GUARD RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)(A)) is amended--</DELETED>
<DELETED>    (1) by striking ``$25,000,000'' and inserting
``$50,000,000''; and</DELETED>
<DELETED>    (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;''.</DELETED>

<DELETED>SEC. 213. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE
CASUALTIES.</DELETED>

<DELETED>    Section 6101 of title 46, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED>    ``(j) Notice to States and Tribal Governments.--</DELETED>
<DELETED>    ``(1) Requirement to notify.--Not later than 1
hour after receiving a report of a marine casualty under this
section, the Secretary shall forward the report to each
appropriate State agency and tribal government of an Indian
tribe (as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) that has
jurisdiction concurrent with the United States or adjacent to
waters in which the marine casualty occurred.</DELETED>
<DELETED>    ``(2) Appropriate state agency.--Each State shall
identify for the Secretary the appropriate State agency to
receive a report under paragraph (1). Such agency shall be
responsible for forwarding appropriate information related to
such report to local and tribal governments within the
State.''.</DELETED>

<DELETED>SEC. 214. PROMPT PUBLICATION OF OIL SPILL
INFORMATION.</DELETED>

<DELETED>    (a) In General.--In any response to an oil spill in which
the Commandant of the Coast Guard serves as the Federal On-Scene
Coordinator leading a Unified Command, the Commandant, on a publicly
accessible Web site, all written Incident Action Plans prepared and
approved as a part of the response to such oil spill.</DELETED>
<DELETED>    (b) Timeliness and Duration.--The Commandant shall--
</DELETED>
<DELETED>    (1) publish each Incident Action Plan pursuant to
subsection (a) promptly after such Plan is approved for
implementation by the Unified Command, and in no event later
than 12 hours into the operational period for which such Plan
is prepared; and</DELETED>
<DELETED>    (2) ensure that such plan remains remain publicly
accessible by Web site for the duration of the response to oil
spill.</DELETED>
<DELETED>    (c) Redaction of Personal Information.--The Commandant may
redact information from an Incident Action Plans published pursuant to
subsection (a) to the extent necessary to comply with applicable
privacy laws and other requirements regarding personal
information.</DELETED>

<DELETED>TITLE III--OTHER MATTERS RELATING TO OIL SPILLS</DELETED>

<DELETED>SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVITIES WITH
RESPECT TO OIL SPILL SURVEYS.</DELETED>

<DELETED>    (a) Development of National Protocols for Oil Spill
Surveys.--Not later than 270 days after the date of the enactment of
this Act, the Under Secretary for Oceans and Atmosphere shall, in
coordination with the Secretary of Homeland Security, the Administrator
of the Environmental Protection Agency, and the heads of such
departments and agencies of State governments as the Under Secretary
considers appropriate, develop standard national protocols for oil
spill response and clean up assessments to promote consistent
procedures for collecting shoreline characterization data.</DELETED>
<DELETED>    (b) Guidance and Tools for Application of National
Protocols for Oil Spill Surveys.--The Under Secretary shall develop
guidance and tools for oil spill responders and offer instructional
courses to ensure that the protocols developed under subsection (a) are
used during oil spill responses in the waters of the United
States.</DELETED>

<DELETED>SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, COAST GUARD, AND DEPARTMENT
OF INTERIOR ON OIL SPILL MATTERS.</DELETED>

<DELETED>    (a) Outer Continental Shelf Leasing Program.--Section 18
of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
</DELETED>
<DELETED>    (1) in subsection (c)(1), by inserting ``the
Secretary of Commerce, the Secretary of the department in which
the Coast Guard is operating, and'' before ``the Attorney
General,''; and</DELETED>
<DELETED>    (2) in subsection (d)--</DELETED>
<DELETED>    (A) in paragraph (1), by striking
``program,'' in the first sentence and all that follows
through the end of the paragraph and inserting
``program--</DELETED>
<DELETED>    ``(A) the Attorney General may, after
consultation with the Federal Trade Commission, submit
comments on the anticipated effects of the proposed
program on competition;</DELETED>
<DELETED>    ``(B) the Secretary of Commerce may submit
comments on the anticipated effects of the proposed
program on the human, marine, and coastal environments,
including the likelihood of occurrence and potential
severity of spills and chronic pollution;</DELETED>
<DELETED>    ``(C) the Secretary of the department in
which the Coast Guard is operating may submit comments
on the adequacy of the response capabilities of the
Federal Government for spills and chronic pollution
that may occur as a result of the proposed program;
and</DELETED>
<DELETED>    ``(D) any State, local government, or
other person may submit comments and recommendations as
to any aspect of the proposed program.''; and</DELETED>
<DELETED>    (B) in the second sentence in paragraph
(2), by striking ``Attorney General'' and inserting
``Attorney General, the Secretary of Commerce, the
Secretary of the department in which the Coast Guard is
operating,''.</DELETED>
<DELETED>    (b) Environmental Studies.--Section 20(f) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1346(f)) is amended--</DELETED>
<DELETED>    (1) by striking ``(f) In executing'' and inserting
the following:</DELETED>
<DELETED>    ``(1) In general.--In executing''; and</DELETED>
<DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2) National oceanic and atmospheric
administration.--</DELETED>
<DELETED>    ``(A) In general.--In addition to any
other requirement under law, the Secretary shall, prior
to the approval of any program, lease, exploration
plan, or development and production plan, consult with
the Administrator of the National Oceanic and
Atmospheric Administration (referred to in this
paragraph as the `Administrator') on the reasonably
foreseeable adverse effects of the proposed action to
ocean and coastal resources, including oil
spills.</DELETED>
<DELETED>    ``(B) Initiation of consultation.--
</DELETED>
<DELETED>    ``(i) In general.--The Secretary
shall initiate consultation under subparagraph
(A) at the earliest practicable time, but in no
case later than 90 days before the date of
approval of the proposed action.</DELETED>
<DELETED>    ``(ii) Provision of information.--
On the initiation of consultation, the
Secretary shall provide the Administrator with
information describing the nature, location,
and duration of the proposed action, and a
description of all reasonably foreseeable
adverse effects to ocean and coastal
resources.</DELETED>
<DELETED>    ``(C) Alternatives.--</DELETED>
<DELETED>    ``(i) In general.--At any time
prior to the date that is 45 days before the
approval of the proposed action, the
Administrator may recommend alternatives to any
proposed action, including measures that will
prevent or minimize reasonably foreseeable
adverse effects to ocean and coastal
resources.</DELETED>
<DELETED>    ``(ii) Secretarial action.--The
Secretary shall incorporate into the approval
for the proposed action the alternatives or
mitigation measures recommended under clause
(i), unless the Secretary--</DELETED>
<DELETED>    ``(I) determines that the
alternatives or mitigation measures are
not necessary to prevent or minimize
reasonably foreseeable adverse effects
to marine and coastal resources;
and</DELETED>
<DELETED>    ``(II) notifies the
Administrator in writing of the reasons
for that decision.''.</DELETED>

<DELETED>SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--There is established a committee to be
known as the Federal Oil Spill Research Committee (in this section
referred to as the ``Committee'').</DELETED>
<DELETED>    (b) Membership.--</DELETED>
<DELETED>    (1) Composition.--The Committee shall be composed
of members selected by the Under Secretary for Oceans and
Atmosphere to represent the following:</DELETED>
<DELETED>    (A) The National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED>    (B) The Coast Guard.</DELETED>
<DELETED>    (C) The Environmental Protection
Agency.</DELETED>
<DELETED>    (D) Such other Federal agencies as the
Under Secretary considers appropriate.</DELETED>
<DELETED>    (2) Chairperson.--The Under Secretary shall
designate a Chairperson from among members of the Committee who
represent the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED>    (c) Duties of the Committee.--</DELETED>
<DELETED>    (1) Research.--The Committee shall--</DELETED>
<DELETED>    (A) coordinate a comprehensive program of
oil pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry,
universities, research institutions, State and local
governments, tribal governments, and other nations, as
the Committee considers appropriate; and</DELETED>
<DELETED>    (B) foster cost-effective research
mechanisms, including the joint funding of
research.</DELETED>
<DELETED>    (2) Reports on current state of oil spill
prevention and response capabilities.--</DELETED>
<DELETED>    (A) In general.--Not later than 180 days
after the date of the enactment of this Act, the
Committee shall submit to Congress a report on the
current state of oil spill prevention and response
capabilities that--</DELETED>
<DELETED>    (i) identifies current research
programs conducted by governments,
universities, and corporate entities;</DELETED>
<DELETED>    (ii) assesses the current status
of knowledge on oil pollution prevention,
response, and mitigation
technologies;</DELETED>
<DELETED>    (iii) establishes national
research priorities and goals for oil pollution
technology development related to prevention,
response, mitigation, and environmental
effects;</DELETED>
<DELETED>    (iv) identifies regional oil
pollution research needs and priorities for a
coordinated program of research at the regional
level developed in consultation with State and
local governments and tribes;</DELETED>
<DELETED>    (v) assesses the current state of
spill response equipment, and determines areas
in need of improvement including amount, age,
quality, effectiveness, or necessary
technological improvements;</DELETED>
<DELETED>    (vi) assesses the current state of
real time data available to mariners, including
water level, currents and weather information
and predictions, and assesses whether lack of
timely information increases the risk of oil
spills;</DELETED>
<DELETED>    (vii) assesses the capacity of the
National Oceanic and Atmospheric Administration
to respond to, and restore, and rehabilitate
marine sanctuaries, monuments, sea turtles, and
other protected species;</DELETED>
<DELETED>    (viii) establishes goals for
improved oil spill prevention and response upon
which to target research for the following 5-
year period before the next report is submitted
under subparagraph (B); and</DELETED>
<DELETED>    (ix) includes such recommendations
as the Committee considers
appropriate.</DELETED>
<DELETED>    (B) Quinquennial updates.--The Committee
shall submit a report every fifth year after its first
report under subparagraph (A) updating the information
contained in its previous report under this
paragraph.</DELETED>
<DELETED>    (d) Research and Development Program.--</DELETED>
<DELETED>    (1) In general.--In carrying out its duties under
subsection (c)(1), the Committee shall establish a program for
conducting oil pollution research and development.</DELETED>
<DELETED>    (2) Program elements.--The program established
under paragraph (1) shall provide for research, development,
and demonstration of new or improved technologies which are
effective in preventing, detecting, or mitigating oil
discharges and which protect the environment, and include the
following:</DELETED>
<DELETED>    (A) High-priority research areas described
in the report.</DELETED>
<DELETED>    (B) Direct and indirect environmental
effects of acute and chronic oil spills on marine
resources, including impacts on marine sanctuaries,
monuments, other protected areas, marine mammals, sea
turtles, and other protected species.</DELETED>
<DELETED>    (C) Monitoring, modeling, and
understanding the near- and long-term effects of major
spills and long-term cumulative effects of smaller
endemic spills.</DELETED>
<DELETED>    (D) New technologies to detect accidental
or intentional overboard discharges.</DELETED>
<DELETED>    (E) Mechanical response capabilities, such
as improved booms, oil skimmers, and storage
capacity.</DELETED>
<DELETED>    (F) Methods to respond to, restore, and
rehabilitate natural resources and ecosystem health and
services damaged by oil discharges, including impacts
on marine sanctuaries, monuments, other protected
areas, marine mammals, sea turtles, and other protected
species..</DELETED>
<DELETED>    (G) Research and training, in consultation
with the National Response Team, to improve industry's
and Government's ability to remove an oil discharge
quickly and effectively.</DELETED>
<DELETED>    (3) Implementation plan.--</DELETED>
<DELETED>    (A) In general.--Not later than 180 days
after submitting the report to Congress under
subsection (c)(2)(A), the Committee shall submit to
Congress a plan for the implementation of the program
required by paragraph (1).</DELETED>
<DELETED>    (B) Assessment by national academy of
sciences.--The Chairperson shall, acting through the
National Oceanic and Atmospheric Administration,
contract with the National Academy of Sciences to--
</DELETED>
<DELETED>    (i) provide advice and guidance in
the preparation and development of the plan
required by subparagraph (A); and</DELETED>
<DELETED>    (ii) assess the adequacy of the
plan as submitted, and submit a report to
Congress on the conclusions of such
assessment.</DELETED>
<DELETED>    (e) Grant Program in Support of Research and Development
Program.--</DELETED>
<DELETED>    (1) In general.--The Under Secretary shall, in
consultation with the National Science Foundation, manage a
program of competitive grants to universities or other research
institutions, or groups of universities or research
institutions, for the purposes of conducting the program
established under subsection (d).</DELETED>
<DELETED>    (2) Applications and conditions.--In conducting
the program, the Under Secretary--</DELETED>
<DELETED>    (A) shall establish a notification and
application procedure;</DELETED>
<DELETED>    (B) may establish such conditions and
require such assurances as may be appropriate to ensure
the efficiency and integrity of the grant program;
and</DELETED>
<DELETED>    (C) may make grants under the program on a
matching or nonmatching basis.</DELETED>
<DELETED>    (f) Advice and Guidance.--The Committee shall accept
comments and input from State and local governments, Indian tribes,
industry representatives, and other stakeholders in carrying out its
duties under subsection (c).</DELETED>
<DELETED>    (g) Facilitation.--The Committee may develop memoranda of
agreement or memoranda of understanding with universities, State and
local governments, or other entities to facilitate the research program
required by subsection (d).</DELETED>
<DELETED>    (h) Annual Reports.--The Chairperson of the Committee
shall submit an annual report to Congress on the activities carried out
under this section in the preceding fiscal year, and on activities
proposed to be carried out under this section in the current fiscal
year.</DELETED>
<DELETED>    (i) Committee Replaces Existing Authority.--The authority
provided by this section supersedes the authority provided by section
7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the
establishment of the Interagency Committee on Oil Pollution Research
under subsection (a) of that section, and that Committee shall cease
operations and terminate on the date of the enactment of this
Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Securing Health
for Ocean Resources and Environment Act'' or the ``SHORE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL
SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY

Sec. 101. Improving National Oceanic and Atmospheric Administration oil
spill response, prevention, and restoration
capacity.
Sec. 102. Use of Oil Spill Liability Trust Fund for expenses of
National Oceanic and Atmospheric
Administration.
Sec. 103. Investment of amounts in Damage Assessment and Restoration
Revolving Fund in interest-bearing
obligations.
Sec. 104. Strengthening coastal State oil spill planning and response.
Sec. 105. Gulf of Mexico long-term marine environmental monitoring and
research program.
Sec. 106. Arctic research and action to conduct oil spill prevention.
Sec. 107. National Oceanic and Atmospheric Administration subsea
hydrocarbon monitoring and assessment.

TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

Sec. 201. Secretary defined.
Sec. 202. Arctic maritime readiness and oil spill prevention.
Sec. 203. Coast Guard response plan requirements.
Sec. 204. Advance planning and prompt decisionmaking in closing and
reopening fishing grounds.
Sec. 205. Oil spill technology evaluation.
Sec. 206. Coast Guard inspections.
Sec. 207. Certificate of inspection requirements.
Sec. 208. Navigational measures for protection of natural resources.
Sec. 209. Notice to States of bulk oil transfers.
Sec. 210. Gulf of Mexico Regional Citizens' Advisory Council.
Sec. 211. Arctic Regional Citizens' Advisory Council.
Sec. 212. Vessel liability.
Sec. 213. Coast Guard research and development.
Sec. 214. Prompt intergovernmental notice of marine casualties.
Sec. 215. Prompt publication of oil spill information.

TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

Sec. 301. Coordination of Federal and State activities with respect to
oil spill surveys.
Sec. 302. Coordination between National Oceanic and Atmospheric
Administration, Coast Guard, and Department
of Interior on oil spill matters.
Sec. 303. Federal Oil Spill Research Committee.
Sec. 304. Authority of Secretary of Transportation.
Sec. 305. Increased funding for environmental oversight and monitoring
by the Cook Inlet and Prince William Sound
regional citizens' advisory councils.

TITLE IV--CORAL REEF CONSERVATION ACT AMENDMENTS

Sec. 401. Short title; table of contents.
Sec. 402. Amendment of Coral Reef Conservation Act of 2000.
Sec. 403. Agreements; redesignations.
Sec. 404. Emergency assistance.
Sec. 405. Emergency response, stabilization, and restoration.
Sec. 406. Prohibited activities.
Sec. 407. Destruction of coral reefs.
Sec. 408. Enforcement.
Sec. 409. Permits.
Sec. 410. Regulations.
Sec. 411. Judicial review.
Sec. 412. Definitions.

TITLE I--IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL
SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY

SEC. 101. IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL
SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY.

(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 conducted 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, including the identification of gaps in ocean
observing infrastructure.
(C) An inventory of the products and tools of the
National Oceanic and Atmospheric Administration that
can aid in assessment of the potential risk and impacts
of oil spills. Such products and tools may include
environmental sensitivity index maps, the United States
Integrated Ocean Observing System, and regional
information coordinating entities established as part
of such System, high frequency radar, 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 Administration's ability
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, sea turtles, and other
protected species, and efforts to rescue and
rehabilitate such species.
(F) An assessment of the capacity of the
Administration to monitor and test effectively and
efficiently seafood for oil contamination resulting
from an oil spill, including the extent to which all
available resources of the Administration in the
affected spill region can be utilized.
(G) An identification of resources available to the
Administration through partnerships with the private
sector and academic institutions that can aid in risk
assessment and impacts of oil spills.
(3) Report.--Upon completion of the review required by
paragraph (1), the Under Secretary shall submit to Congress a
report on such review, including the findings of the Under
Secretary with respect to such review.
(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 (g).
In carrying out such actions, the Under Secretary shall coordinate with
national laboratories with established oil spill modeling expertise.
(c) Environmental Sensitivity Index.--
(1) Update.--Beginning not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 5 years thereafter, the Under Secretary shall update
the environmental sensitivity index products of the National
Oceanic and Atmospheric Administration for each coastal area of
the United States and for each offshore area of the United
States that is leased or under consideration for leasing for
offshore energy production.
(2) Expanded coverage.--Not later than 270 days after the
date of the enactment of this Act, the Under Secretary shall,
to the maximum extent practicable, 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 the 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) Quinquennial Report on Ecological Baselines, Important
Ecological Areas, and Economic Risks.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act and not less frequently than once
every 5 years thereafter, the Under Secretary shall submit to
Congress a report that, with respect to regions that are leased
or are under consideration for leasing for offshore energy
production--
(A) characterizes ecological baselines;
(B) identifies important ecological areas, critical
habitats, and migratory behaviors; and
(C) identifies potential risks posed by hydrocarbon
develolpment on regional, State, and local economies.
(2) Important ecological area defined.--In this subsection,
the term ``important ecological area'' means an area that--
(A) contributes significantly to local or larger
marine ecosystem health; or
(B) is a unique or especially sensitive marine
ecosystem.
(e) Subsea Hydrocarbon Review.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary shall conduct a
comprehensive review of the current state of the National Oceanic and
Atmospheric Administration to observe, monitor, map, and track subsea
hydrocarbons, including a review of the effect of subsea hydrocarbons
and dispersants at varying concentrations on living marine resources.
(f) National Information Center on Oil Spills.--The Under Secretary
shall establish a national information center on oil spills that--
(1) includes scientific information and research on oil
spill preparedness, response, and restoration;
(2) serves as a single access point for emergency
responders for such scientific data;
(3) provides outreach and utilizes communication mechanisms
to inform partners, the public, and local communities about the
availability of oil spill preparedness, prevention, response,
and restoration information and services and otherwise improves
public understanding and minimizes impacts of oil spills; and
(4) applies the data interoperability standards developed
by the Integrated Coastal Ocean Observing System to allow for
free and open access to all relevant Federal and non-federal
data using, to the extent practicable, the existing
infrastructure of the regional information coordinating
entities developed as part of the Integrated Coastal Ocean
Observing System as a portal for accessing non-federal data.
(g) Initiative on Oil Spills From Aging and Abandoned Oil
Infrastructure.--Not later than 270 days after the date of the
enactment of this Act, the Under Secretary 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
such spills.
(h) Inventory of Offshore Abandoned or Sunken Vessels.--Not later
than 270 days after the date of the enactment of this Act, the Under
Secretary shall develop an inventory of offshore abandoned or sunken
vessels in the exclusive economic zone of the United States and
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. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES OF
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $25,000,000 in each fiscal year
shall be available to the Under Secretary for Oceans
and Atmosphere without further appropriation for
expenses incurred by, and activities related to,
preparedness, response, restoration, and damage
assessment capabilities of the National Oceanic and
Atmospheric Administration and to the rescue and
rehabilitation of injured marine species;
``(C) not more than $20,000,000 in each fiscal year
shall be available to the Under Secretary for Oceans
and Atmosphere for collection of ocean observations and
the research and development of technologies identified
by the Office of Response and Restoration of the
National Oceanic and Atmospheric Administration as
beneficial for prevention, removal, wildlife
rehabilitation, wildlife rescue and rehabilitation, and
enforcement related to oil discharges;''.

SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION
REVOLVING FUND IN INTEREST-BEARING OBLIGATIONS.

The Secretary of the Treasury shall invest such a portion of the
amounts in the Damage Assessment and Restoration Revolving Fund
described in title I of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act of 1991
(33 U.S.C. 2706 note) as is not required to meet current withdrawals,
as determined by the Secretary, in interest-bearing obligations of the
United States in accordance with section 9602 of the Internal Revenue
Code of 1986.

SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following new section:

``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND
PLANNING.

``(a) Grants to States.--The Secretary may make grants to eligible
coastal states--
``(1) to revise management programs approved under section
306 and National Estuarine Research Reserves approved under
section 315 to identify and implement new enforceable policies
and procedures to ensure sufficient response capabilities at
the State level to address the environmental, economic, and
social impacts of oil spills or other accidents resulting from
Outer Continental Shelf energy activities with the potential to
affect land or water use or natural resources of the coastal
zone; and
``(2) to review and revise where necessary applicable
enforceable policies within approved coastal State management
programs affecting coastal energy activities and energy to
ensure that these policies are consistent with--
``(A) other emergency response plans and policies
developed under Federal or State law; and
``(B) new policies and procedures developed under
paragraph (1).
``(b) Elements.--New enforceable policies and procedures developed
by coastal states with grants awarded under this section shall
consider, but not be limited to--
``(1) other existing emergency response plans, procedures,
and enforceable policies developed under other Federal or State
law that affect the coastal zone;
``(2) identification of critical infrastructure essential
to facilitate spill or accident response activities;
``(3) identification of coordination, logistics and
communication networks between Federal and State government
agencies, and between State agencies and affected local
communities, to ensure the efficient and timely dissemination
of data and other information;
``(4) inventories of shore locations and infrastructure and
equipment necessary to respond, or monitor environmental
impacts of, oil spills or other accidents resulting from Outer
Continental Shelf energy activities;
``(5) identification and characterization of significant or
sensitive marine ecosystems or other areas possessing important
conservation, recreational, ecological, historic, economic, or
aesthetic values;
``(6) inventories and surveys of shore locations and
infrastructure capable of supporting alternative energy
development;
``(7) observing capabilities necessary to assess ocean
conditions before, during, and after a spill; and
``(8) other information or actions as may be necessary;
``(c) Guidelines.--The Secretary shall, within 180 days after the
date of the enactment of this section and after consultation with the
coastal states, publish guidelines for the application for and use of
grants under this section.
``(d) Participation.--Coastal states shall provide opportunity for
public participation in developing new enforceable policies and
procedures under this section pursuant to subsection (d)(1) or (e) of
section 306, especially by relevant Federal agencies, other coastal
state agencies, local governments, regional organizations, port
authorities, and other interested parties and stakeholders, public and
private, that are related to, or affected by Outer Continental Shelf
energy activities.
``(e) Annual Grants.--
``(1) In general.--For each of fiscal years 2011 through
2015, the Secretary may make a grant to a coastal state to
develop new enforceable policies and procedures as required
under this section.
``(2) Grant amounts and limit on awards.--The amount of any
grant to any one coastal state under this section shall not
exceed $750,000 for any fiscal year.
``(3) No state matching contribution required.--A coastal
state shall not be required to contribute any portion of the
cost of a grant awarded under this section.
``(4) Transfer of funds.--A coastal state that receives a
grant under this section may transfer grant funds to an
appropriate agency of the coastal state.
``(5) Secretarial review and limit on awards.--After an
initial grant is made to a coastal state under this section, no
subsequent grant may be made to that coastal state under this
section unless the Secretary finds that the coastal state is
satisfactorily developing revisions to address offshore energy
impacts. No coastal state is eligible to receive grants under
this section for more than 2 fiscal years.
``(f) Applicability.--The requirements of this section shall only
apply if appropriations are provided to the Secretary to make grants
under this section to enable States to develop new or revised
enforceable policies and procedures. Further, this section shall not be
construed to convey any new authority to any coastal state, or repeal
or supersede any existing authority of any coastal state, to regulate
the siting, licensing, leasing, or permitting of alternative energy
facilities in areas of the Outer Continental Shelf under the
administration of the Federal Government. Nothing in this section
repeals or supersedes any existing coastal state authority.
``(g) Assistance by the Secretary.--The Secretary shall, as
authorized under section 310(a) and to the extent practicable, make
available to coastal states the resources and capabilities of the
National Oceanic and Atmospheric Administration to provide technical
assistance to the coastal states to prepare revisions to approved
management programs to meet the requirements under this section.''.

SEC. 105. 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
the enactment of this Act and subject to the availability of
appropriations or other sources of funding, the Secretary
shall, acting through the Under Secretary for Oceans and
Atmosphere, 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 shall carry out the
program required by paragraph (1) during the 10-year period
beginning on the date of the commencement of the program. The
Secretary may extend such period upon a determination by the
Secretary that additional monitoring and research is warranted.
(b) Scope of Program.--The program established 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 areas of the Gulf of Mexico and other regions of the
exclusive economic zone of the United States 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 area, including
commercial and recreational fisheries, tourism, and other
wildlife-dependent recreation.
(6) Other elements considered necessary by the Secretary to
ensure a comprehensive marine research and monitoring program
to comprehend and understand 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 established under subsection (a), the Secretary
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) the Gulf of Mexico Fishery Management Council
established under section 302(a)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(a)(1));
(C) such representatives from the Gulf coast
States, including fishermen and the related seafood
industry, and affected countries as the Secretary
considers appropriate;
(D) academic institutions and other research
organizations;
(E) regional information coordination entities (as
defined in section 12303(6) of the Integrated Coastal
and Ocean Observation System Act of 2009 (33 U.S.C.
3602(6); and
(F) 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 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
according to the standards developed under section 12304 of the
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C.
3603) to ensure that it is accessible and available to governmental and
nongovernmental personnel and 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, an Indian tribe, or
a local government.

SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

(a) In General.--The Secretary of Commerce shall, acting through
the Under Secretary for Oceans and Atmosphere and in collaboration with
the heads of other agencies or departments of the United States with
appropriate Arctic science expertise, and by building on existing
regional ocean observing systems, direct research to improve the
ability of the United States to conduct oil spill prevention, response,
observing, and recovery in Arctic waters.
(b) Inclusions.--Research, observation, and action under this
section shall include the prioritization of resources--
(1) to address--
(A) ecological baselines and environmental
sensitivity indexes, including stock assessments of
marine mammals and other protected species in the
Arctic;
(B) identification of ecological important areas,
sensitive habitats, and migratory behaviors;
(C) the development of oil spill trajectory models
in Arctic marine conditions;
(D) the collection of observational data essential
for response strategies in the event of an oil spill
during both open water and ice-covered seasons,
including data relating to oil spill trajectory models
that include data on--
(i) currents;
(ii) winds;
(iii) weather;
(iv) waves; and
(v) ice forecasting;
(E) the development of a robust operational
monitoring program during the open water and ice-
covered seasons;
(F) improvements in technologies and understanding
of cold water oil recovery planning and restoration
implementation; and
(G) the integration of local and traditional
knowledge into oil recovery research studies; and
(2) to establish a robust geospatial framework for safe
navigation and oil spill response through increased--
(A) hydrographic and bathymetric surveying,
mapping, and navigational charting;
(B) geodetic positioning; and
(C) monitoring of tides, sea levels, and currents
in the Arctic.

SEC. 107. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SUBSEA
HYDROCARBON MONITORING AND ASSESSMENT.

(a) Subsea Hydrocarbon Review.--Not later than 45 days after the
date of the 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 and the capacity of
the Administration to monitor, map, and track subsea hydrocarbons.
(b) Elements.--The review conducted under subsection (a) shall
include the following:
(1) A review of protocol for application of dispersants
that contemplates the variables of temperature, pressure, and
depth of the site of release of hydrocarbons.
(2) A review of technological capabilities to detect the
presence of subsea hydrocarbons at various concentrations and
at various depths within a water column resulting from releases
of oil and natural gas after a spill.
(3) A review of technological capabilities for
expeditiously identifying the source (known as
``fingerprinting'') of subsea hydrocarbons.
(4) A review of coastal and ocean current modeling as it
relates to predicting the trajectory of oil and natural gas.
(5) A review of the effect of subsea hydrocarbons (all
concentrations including down to hydrocarbon chains in
solution) on all levels of the food web, including evaluations
of seafood safety, toxicity to individuals, negative impacts to
reproduction, bioaccumulation, growth, and such other matters
as the Under Secretary considers appropriate.
(6) Development of recommendations on priorities for
improving forecasting of movement of subsea hydrocarbons.
(7) Development of recommendations for long-term remote
monitoring of subsea hydrocarbons after a spill, including
dissolved oxygen impacts.
(8) Development of recommendations for implementation of a
Subsea Hydrocarbon Monitoring and Assessment program within the
Office of Response and Restoration.
(c) Program Required.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary shall establish a
hydrocarbon monitoring and assessment program. Such program shall be
based on the recommendations developed under the comprehensive review
required by subsection (a).
(d) Funding.--Not later than 30 days after the date of the
enactment of this Act, out of any funds in the Oil Spill Liability
Trust Fund established by section 9509 of the Internal Revenue Code of
1986 not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Commerce to carry out the provisions of
this section $15,000,000 to remain available until expended.

TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

SEC. 201. SECRETARY DEFINED.

In this title, except as otherwise specifically provided, the term
``Secretary'' means the Secretary of the Department in which the Coast
Guard is operating.

SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

(a) In General.--The Commandant of the Coast Guard shall assess and
take action to reduce the risk and improve the capability of the United
States to respond to a maritime disaster in the United States Beaufort
and Chukchi Seas.
(b) Matters to Be Addressed.--The assessment and actions referred
to in subsection (a) shall include the prioritization of resources to
address the following:
(1) Oil spill prevention and response capabilities and
infrastructure.
(2) The coordination of contingency plans and agreements
with other agencies and departments of the United States,
industry, and foreign governments to respond to an Arctic oil
spill.
(3) The expansion of search and rescue capabilities,
infrastructure, and logistics, including improvements of the
Search and Rescue Optimal Planning System.
(4) The provisional designation of places of refuge.
(5) The evaluation and enhancement of navigational
infrastructure.
(6) The evaluation and enhancement of vessel monitoring,
tracking, and automated identification systems and navigational
aids and communications infrastructure for safe navigation and
marine accident prevention in the Arctic.
(7) Shipping traffic risk assessments for the Bering Strait
and the Chukchi and Beaufort Seas.
(8) The integration of local and traditional knowledge and
concerns into prevention and response strategies.

SEC. 203. COAST GUARD RESPONSE PLAN REQUIREMENTS.

(a) Response Plan Updates.--
(1) In general.--The Secretary 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 often than once every five years.
(2) Best available technology.--Each response plan update
required by paragraph (1) 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.
(3) Technology standards.--The Coast Guard may establish
requirements and guidance for utilizing the best commercially
available technology and methods, which shall be based on
performance metrics and standards whenever practicable.
(4) Resubmission.--Each update required by paragraph (1)
shall be considered a significant change requiring it to be
resubmitted for approval by the Coast Guard.
(b) Vessel Response Plans.--The Secretary shall require that all
vessel response plans prepared pursuant to section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) for vessels
described in section 3301(16) of title 46, United States Code, as
amended by section 207 of this Act, include plans for responding to a
worst case discharge (as described in subparagraphs (A) and (B) of
section 311(a)(24) of the Federal Water Pollution Control Act (33
U.S.C. 1321(a)(24))), and to a threat of such a discharge.

SEC. 204. ADVANCE PLANNING AND PROMPT DECISIONMAKING IN CLOSING AND
REOPENING FISHING GROUNDS.

(a) Requirement That Area Contingency Plans Contain Area-specific
Protocols and Standards.--
(1) Cooperation with state and local officials.--Section
311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the semicolon
after ``wildlife'' and inserting a comma and ``including
advance planning with respect to the closing and reopening of
fishing grounds following an oil spill;''.
(2) Framework.--Section 311(j)(4)(C) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
(A) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively; and
(B) by inserting after clause (vi) the following:
``(vii) develop a framework for advance
planning and decisionmaking with respect to the
closing and reopening of fishing grounds
following an oil spill, including protocols and
standards for the closing and reopening of
fishing areas;''.
(b) National Guidance.--Section 311(j)(4)(D) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) acting through the Commandant of
the Coast Guard and in consultation with the
Under Secretary for Oceans and Atmosphere and
any other government entities deemed
appropriate, issue guidance for Area Committees
to use in developing a framework for advance
planning and decisionmaking with respect to the
closing and reopening of fishing grounds
following an oil spill, which guidance shall
include model protocols and standards for the
closing and reopening of fishing areas.''.

SEC. 205. OIL SPILL TECHNOLOGY EVALUATION.

(a) In General.--The Secretary shall establish a program for the
formal evaluation and validation of oil pollution containment and
removal methods and technologies.
(b) Approval.--The program required by subsection (a) shall
establish a process for new methods and technologies to be submitted
and evaluated and to gain validation for use in spill responses and
inclusion in response plans. Following each validation, the Secretary
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.--All technologies and methods
validated under this section 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 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. 206. COAST GUARD INSPECTIONS.

(a) In General.--The Secretary shall increase the frequency and
comprehensiveness of safety inspections of all United States and
foreign-flag tank vessels that enter a United States port or place,
including increasing the frequency and comprehensiveness of inspections
of vessel age, hull configuration, and past violations of any
applicable discharge and safety regulations under United States and
international law that may indicate that the class societies inspecting
such vessels may be substandard, and other factors relevant to the
potential risk of an oil spill.
(b) Enhanced Verification of Structural Condition.--The Secretary
shall adopt, as part of the Secretary's inspection requirements for
tank vessels, additional procedures for enhancing the verification of
the reported structural condition of such vessels, taking into account
the Condition Assessment Scheme adopted by the International Maritime
Organization by Resolution 94(46) on April 27, 2001.

SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS.

Chapter 33 of title 46, United States Code, is amended--
(1) in section 3301, by adding at the end the following:
``(16) vessels and other structures, fixed or floating,
including those which dynamically hold position or are attached
to the seabed or subsoil, which are capable of exploring for,
drilling for, developing, or producing oil or gas.''; and
(2) in section 3305(a)(1)--
(A) by amending subparagraph (E) to read as
follows:
``(E) is in a condition to be operated with safety
to life and property, including the operation of
systems used for the capabilities described in
paragraph (16) of section 3301, including--
``(i) drilling systems, including risers
and blow out preventers; and
``(ii) production systems, if so
equipped;'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding the following:
``(G) for vessels and other structures described in
paragraph (16) of section 3301 (including the systems
used for the capabilities described in paragraph (16)
of section 3301), complies with the highest
classification, certification, rating, and inspection
standards for vessels or structures of the same age and
type imposed by--
``(i) the American Bureau of Shipping; or
``(ii) another classification society
approved by the Secretary as meeting acceptable
standards for such a society, except that the
classification of vessels or structures under
this section by a foreign classification
society may be accepted by the Secretary only--
``(I) to the extent that the
government of the foreign country in
which the society is headquartered
accepts classification by the American
Bureau of Shipping of vessels and
structures used in the offshore
exploration, development, and
production of oil and gas in that
country; and
``(II) if the foreign
classification society has offices and
maintains records in the United
States.''.

SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

(a) Designation of At-risk Areas.--The Commandant of the Coast
Guard, in consultation with the Under Secretary for Oceans and
Atmosphere, shall identify areas in waters subject to the jurisdiction
of the United States in which routing or other navigational measures
are warranted to reduce the risk of oil spills and potential damage to
natural resources. In identifying such areas, the Commandant shall give
priority consideration to natural resources of particular ecological
importance or economic importance, including--
(1) commercial fisheries;
(2) aquaculture facilities;
(3) marine sanctuaries designated by the Secretary of
Commerce pursuant to the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.);
(4) estuaries of national significance designated under
section 320 of the Federal Water Pollution Control Act (33
U.S.C. 1330);
(5) critical habitat, as defined in section 3(5) of the
Endangered Species Act of 1973 (16 U.S.C. 1532(5));
(6) estuarine research reserves within the National
Estuarine Research Reserve System established by section 315 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); and
(7) national parks and national seashores administered by
the National Park Service under the National Park Service
Organic Act (16 U.S.C. 1 et seq.).
(b) Factors Considered.--In determining whether navigational
measures are warranted for an area under subsection (a), the Commandant
and the Under Secretary for Oceans and Atmosphere shall consider, at a
minimum--
(1) the frequency of transits of vessels which are required
to prepare a response plan under section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j));
(2) the type and quantity of oil transported as cargo or
fuel;
(3) the expected benefits of routing measures in reducing
risks of spills;
(4) the costs of such measures;
(5) the safety implications of such measures; and
(6) the nature and value of the resources to be protected
by such measures.
(c) Establishment of Routing and Other Navigational Measures.--The
Commandant shall establish such routing or other navigational measures
for areas identified under subsection (a).
(d) Establishment of Areas to Be Avoided.--To the extent that the
Commandant and the Under Secretary for Oceans and Atmosphere identify
areas in which navigational measures are warranted for an area under
subsection (a), the Commandant and the Under Secretary shall seek to
establish such areas through the International Maritime Organization or
establish comparable areas pursuant to regulations and in a manner that
is consistent with international law.
(e) Oil Shipment Data and Report.--
(1) Data collection.--The Commandant of the Coast Guard, in
consultation with the Chief of Engineers, shall analyze data on
oil transported as cargo on vessels in the navigable waters of
the United States, including information on--
(A) the quantity and type of oil being transported;
(B) the vessels used for such transportation;
(C) the frequency with which each type of oil is
being transported; and
(D) the point of origin, transit route, and
destination of each such shipment of oil.
(2) Quarterly report.--
(A) Requirement for quarterly report.--The
Secretary shall, not less frequently than once each
calendar quarter, submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the data collected and
analyzed under paragraph (1).
(B) Format.--Each report submitted under
subparagraph (A) shall be submitted in a format that
does not disclose information exempted from disclosure.

SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS.

(a) In General.--A State may, by law, require 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. 210. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

(a) In General.--Subtitle A of title IV of the Oil Pollution Act of
1990 is amended by inserting after section 4118 (33 U.S.C. 1203 note)
the following:

``SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

``(a) Establishment.--There is established a Gulf of Mexico
Regional Citizens' Advisory Council (referred to in this section as the
`Council').
``(b) Membership.--The Council shall be composed of voting members
and nonvoting members, as follows:
``(1) Voting members.--Each of the States of Alabama,
Florida, Louisiana, Mississippi, and Texas shall each have 6
voting members on the Council who shall be residents of the
State and appointed from and by the following interests in the
State, such that each interest in each State is represented by
a voting member:
``(A) Commercial fin fish and shellfish industry.
``(B) Charter fishing industry.
``(C) Restaurant, hotel, and tourism industries.
``(D) Indigenous peoples communities.
``(E) Marine and coastal conservation community.
``(F) Incorporated and unincorporated
municipalities.
``(2) Nonvoting members.--One ex officio, nonvoting
representative shall be designated by, and represent, each of
the following:
``(A) The Coast Guard.
``(B) The Environmental Protection Agency.
``(C) The National Oceanic and Atmospheric
Administration.
``(D) The Bureau of Ocean Energy Management,
Regulation and Enforcement.
``(E) The lead maritime environmental and natural
resources management and enforcement agency from each
of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
``(F) The maritime or shipping industry in the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
``(G) The offshore energy industry in the States of
Alabama, Florida, Louisiana, Mississippi, and Texas.
``(H) Researchers in the physical sciences, the
social sciences, and engineering at universities in the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
``(3) Geographic balance.--Voting and nonvoting members
shall be drawn equally from the State represented on the
Council.
``(c) Terms.--
``(1) In general.--The voting members of the Council shall
be appointed for a term of 3 years.
``(2) Initial appointments.--For the terms of the group of
first appointments of voting members to the Council, a drawing
of lots among the appointees shall be conducted under which--
``(A) \1/3\ of that group shall serve for 3 years;
``(B) \1/3\ of that group shall serve for 2 years;
and
``(C) the remainder of that group shall serve for 1
year.
``(3) Duration of council.--The duration of the Council
shall be throughout the lifetime of energy development,
transportation, and facility removal activities in the Gulf of
Mexico.
``(d) Administration.--
``(1) In general.--The Council shall--
``(A) elect a chairperson;
``(B) select staff; and
``(C) make policies with regard to internal
operating procedures.
``(2) Self-governance.--After the initial organizational
meeting hosted by the Secretary of the department in which the
Coast Guard is operating, the Council shall be self-governing.
The Council shall hold its first meeting not later than 60 days
after the date on which all members of the Council have been
appointed, and shall hold meetings thereafter no less
frequently than once each year.
``(3) Transparency.--The Council shall--
``(A) conduct the operations of the Council in
public, to the maximum extent practicable;
``(B) make the work products the Council adopts
available to the public;
``(C) hold at least 1 meeting each year that is
open to the public, for which notice has been provided
at least 30 days before the date of the meeting; and
``(D) maintain a public website containing, at a
minimum--
``(i) recommendations made by the Council,
and information as to whether or not the
recommendations were adopted, and, if not, an
explanation of why they were not adopted;
``(ii) a description of plans under review,
without disclosing any confidential or
privileged information;
``(iii) a statement of industry standards;
and
``(iv) an interactive component that
permits the public to submit questions and
comments and to report problems.
``(4) Conflicts of interest.--An individual selected as a
voting member of the Council may not engage in any activity
that may conflict with the execution of the functions or duties
of the individual as a Council member.
``(e) Duties.--
``(1) In general.--The Council shall, with regard to
facilities and tank vessels in, and on the coast of, the Gulf
of Mexico--
``(A) with regard to facilities and tank vessels
in, and on the coast of, the Gulf of Mexico--
``(i) provide comprehensive oversight and
monitoring of policies, permits, operations,
and regulations relating to the activities,
operation, and maintenance of the facilities
and tank vessels;
``(ii) monitor the environmental impacts of
the operation of the facilities and tank
vessels;
``(iii) monitor oil spill prevention and
response plans, including plans relating to
blowout prevention and response, for the
facilities and tank vessels; and
``(iv) recommend standards and conditions
for regulations intended to ensure the safe and
environmentally sound operation and maintenance
of the facilities and tank vessels;
``(B) provide recommendations for, and otherwise
assist, any oil spill recovery or spill research
institute established for the Gulf of Mexico; and
``(C) conduct such other activities within the
authority and scope of the Council as the Council
considers appropriate.
``(2) Geographic scope.--The Council shall carry out the
duties described in paragraph (1) in a manner that, to the
maximum extent practicable, covers all activities of facilities
and tank vessels occurring in the Gulf of Mexico.
``(f) Standing Committees.--The Council may create standing
committees as necessary to carry out the duties described in subsection
(e), including--
``(1) a scientific and technical committee;
``(2) an environmental monitoring committee;
``(3) an oil spill prevention and response committee;
``(4) an offshore committee for monitoring activities in
water that is more than 500 feet in depth;
``(5) a near-shore committee for monitoring activities in
water that is 500 feet or less in depth;
``(6) an information and education committee; and
``(7) a committee on social impact assessments with respect
to prevention, mitigation, and response.
``(g) Temporary Committees.--
``(1) In general.--In addition to the standing committees
authorized to be created in subsection (f), the Council may
create temporary committees as necessary to carry out the
duties of the Council relating to--
``(A) the blowout and explosion of the mobile
offshore drilling unit Deepwater Horizon that occurred
on April 20, 2010; and
``(B) the resulting hydrocarbon releases into the
environment, including temporary committees relating
to--
``(i) public and occupational health; and
``(ii) assessment and monitoring of
environmental, social, and economic impacts.
``(2) Dissolution.--If a \5/6\ majority of the Council
votes to discontinue activities relating to the incidents
described in paragraph (1), any temporary committee established
under paragraph (1) shall dissolve within 60 days after the
date of the vote.
``(h) Estoppel.--
``(1) In general.--The Council shall not be liable under
Federal or State law for costs or damages as a result of
rendering recommendations under this section.
``(2) Advice.--Any advice given by a voting member of the
Council, or by a program representative or agent, shall not be
grounds for estopping those interests represented by the voting
Council members from seeking damages or other appropriate
relief.
``(i) Information From Federal Agencies and Industry.--
``(1) In general.--The Council may request directly from
any Federal agency (as defined in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903)) (referred to in this
section as a `Federal agency') information, suggestions,
estimates, and statistics for the purposes of this section.
``(2) Agency cooperation.--
``(A) In general.--Effective beginning 180 days
after the date of the enactment of this section, each
Federal agency shall, with respect to all permits,
site-specific regulations, and other matters governing
the activities and actions within the purview of the
Council, consult with the Council prior to taking
substantive action with respect to the permit, site-
specific regulation, or other matter.
``(B) Review.--The consultation shall be carried
out in a manner that enables the Council--
``(i) to review the permit, site-specific
regulation, or other matters; and
``(ii) to make appropriate recommendations
regarding operations, policy, or agency
actions.
``(C) Emergencies.--Prior consultation shall not be
required under this paragraph if an authorized Federal
agency representative reasonably believes that an
emergency exists requiring action without delay.
``(D) Information.--Each Federal agency shall, on
the request of the Council and to the extent authorized
by law--
``(i) except as provided in clause (ii),
furnish information, suggestions, estimates,
and statistics directly to the Council; and
``(ii) in the case of sensitive security
information, furnish such information to
members of the Council authorized to receive
such information.
``(3) Access.--The Council shall have access to--
``(A) facilities and nonproprietary records of the
oil and gas industry that are relevant to the proper
execution of the duties of the Council under this
section; and
``(B) records containing proprietary information
if--
``(i) the records are relevant to the
proper execution of the duties of the Council
under this section; and
``(ii) the proprietary information is
redacted to the extent necessary and
appropriate.
``(j) Council Research.--In carrying out this section, the
Council--
``(1) may conduct applicable scientific research; and
``(2) shall review applicable scientific work undertaken by
or on behalf of--
``(A) the energy industry;
``(B) the conservation community; or
``(C) government agencies.
``(k) Council Recommendations.--
``(1) In general.--All recommendations of the Council shall
be advisory only.
``(2) Recommendations.--If a government agency, responsible
party, or other owner or operator, lessee, or permittee
(referred to in this paragraph as the `covered individual or
entity') decides not to accept, or decides to substantially
modify before adoption, a recommendation of the Council, the
covered individual or entity shall provide to the Council, not
later than 10 days after the date of the decision of the
covered individual or entity, a written notice of the decision
and a summary of reasons for the rejection or substantial
modification of the recommendation by the covered individual or
entity.
``(l) Location and Compensation.--
``(1) Office locations.--The Council shall establish
offices in 1 or more Gulf States, as the Council determines to
be necessary and appropriate to the operations of the Council.
``(2) Per diem authorization.--A member of the Council may
not be compensated for service on the Council, but shall be
allowed travel expenses, including per diem, at a rate
established by the Council, not to exceed the rates authorized
for employees of agencies under sections 5702 and 5703 of title
5, United States Code (except by express authorization of the
Council in any case in which the rates are inadequate to
reimburse a member not eligible for travel rates of the Federal
Government).
``(m) Reports.--
``(1) GAO reports.--Not later than 3 years after the date
of establishment of the Council and every 3 years thereafter,
the Comptroller General of the United States shall submit to
the President and Congress a report covering the operations and
expenditures of the Council in carrying out this section,
including any recommendations.
``(2) Biennial reports to congress.--Every 2 years, the
Council shall submit a report to Congress on--
``(A) the achievement of safe operations in the
Gulf of oil and gas activities;
``(B) unresolved problems and concerns with
operations, activities, and plans; and
``(C) the operations and expenditures, needs,
issues, and recommendations of the Council.
``(3) Annual audits.--
``(A) In general.--The Council shall--
``(i) commission an annual independent
financial statement audit by an independent
accounting firm; and
``(ii) publish the results of the audits in
a publicly available annual report.
``(B) Biennial reports.--The audits shall be
incorporated into the reports to Congress required by
paragraph (2).
``(n) Suits Barred.--No program, association, council, committee,
or other organization created by this section may sue any public or
private person or entity concerning any matter arising under this
section other than the performance of a contract.
``(o) Operational and Administrative Funding.--Owners or operators
of tank vessels, onshore facilities, or offshore facilities, lessees,
and permittees in the Gulf of Mexico shall provide, on an annual basis,
an aggregate amount of not more than $10,000,000, as determined by the
Secretary of the department in which the Coast Guard is operating, that
shall--
``(1) provide for the establishment and operation of the
Council (including standing committees and any temporary
committees); and
``(2) be adjusted annually to reflect changes in the
Consumer Price Index in the Gulf of Mexico region.''.
(b) Table of Contents.--The table of contents in section 2 of the
Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by adding
at the end of the items relating to subtitle A of title IV the
following:

``Sec. 4119. Gulf of Mexico Regional Citizens' Advisory Council.''.

SEC. 211. ARCTIC REGIONAL CITIZENS' ADVISORY COUNCIL.

(a) In General.--Subtitle A of title IV of the Oil Pollution Act of
1990 (Public Law 101-380), as amended by section 210 of this Act, is
further amended by adding at the end the following:

``SEC. 4120. ARCTIC REGIONAL CITIZENS' ADVISORY COUNCIL.

``(a) Establishment.--There is established an Arctic Regional
Citizens' Advisory Council.
``(b) Mission.--The mission of the Council is--
``(1) to advise the Administrator of the Environmental
Protection Agency, the Commandant of the Coast Guard, the
Secretary of Commerce, and the Secretary of the Interior; and
``(2) to represent the citizens that live in the coastal
areas of the Beaufort and Chukchi seas in promoting
environmentally safe exploration, development, and production
of oil and gas and to mitigate impacts to subsistence
activities and resources.
``(c) Membership.--The Council shall be composed of voting members
and nonvoting members, as follows:
``(1) Voting members.--There shall be 7 voting members of
the Council as follows:
``(A) The mayor of the North Slope Borough.
``(B) The president of Arctic Slope Regional
Corporation.
``(C) The mayor of the Northwest Arctic Borough.
``(D) The president of NANA Regional Corporation.
``(E) The chairman of the Alaska Eskimo Whaling
Commission.
``(F) The chairman of the Nanuuq Commission.
``(G) The chairman of the Beluga Commission.
``(2) Nonvoting members.--One ex-officio, nonvoting
representative shall be designated by, and represent, each of
the following:
``(A) The United States Coast Guard.
``(B) The Environmental Protection Agency.
``(C) The National Oceanic and Atmospheric
Administration.
``(D) The United States Fish and Wildlife Service.
``(E) The Bureau of Ocean Energy Management,
Regulation and Enforcement.
``(F) The Alaska Department of Natural Resources.
``(G) The Alaska Department of Environmental
Conservation.
``(H) The Alaska Department of Fish and Game.
``(3) Alternates.--The vice-chairman, vice president, or
acting mayor, as applicable, of each organization listed in
paragraph (1) may act as a voting member of the Council at any
meeting if the chairman, president, or mayor, as applicable,
from such organization is unable to attend.
``(d) Duration of Council.--The Council's duration shall be
throughout the lifetime of energy exploration, development, production
and transportation and decommissioning in the waters adjacent to
Alaska's North Slope.
``(e) Administration.--
``(1) In general.--The Council shall--
``(A) elect a chairperson;
``(B) select staff; and
``(C) make policies with regard to its internal
operating procedures.
``(2) Self-governance.--After the initial organizational
meeting hosted by the Secretary of the department in which the
Coast Guard is operating, the Council shall be self-governing.
``(3) Transparency.--The Council shall--
``(A) conduct its operations in public, to the
extent practicable; and
``(B) shall make the work products it adopts
available to the public.
``(f) Duties.--
``(1) In general.--The Council shall, with regard to
facilities, including vessels and pipelines, and other
infrastructure related to oil and gas exploration, development,
and production in the Chukchi and Beaufort Seas--
``(A) provide comprehensive oversight and
monitoring of policies, permits, and regulations
relating to oil and gas exploration, development, and
production--
``(i) to monitor the environmental impacts
of the operation of such activities;
``(ii) to monitor oil spill prevention and
response plans, including plans relating to
blowout prevention and response; and
``(iii) to recommend standards and
conditions for regulations intended to ensure
the safe and environmentally sound operation
and maintenance of such activities; and
``(B) advise Federal agencies on the impact of
exploration, development, and production on subsistence
activities and species, including--
``(i) the appropriate location and timing
of development activities in relation to the
various species' migrations;
``(ii) modifications to specific
development proposals to enable compliance with
the subsistence standards in the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et
seq.); and
``(iii) marine mammal research needs in
relation to development and marine impacts; and
``(C) conduct such other activities within the
Council's authority and scope as it deems appropriate.
``(2) Geographic scope.--The Council shall carry out the
duties described in paragraph (1) in a manner that, to the
maximum extent practicable, covers all potential impacts from
oil and gas activities in the Beaufort and Chukchi Seas,
including impacts from pipelines and shore-based facilities,
except to the extent that such activities are already subject
to the permitting authority of the North Slope Borough or
Northwest Arctic Borough.
``(3) Meetings.--
``(A) Participation by owners and operators.--At
the request of the Council, an owner or operator of an
energy development facility, operation, or activity in
the Arctic shall participate in good faith in a meeting
of the Council.
``(B) Open meetings.--All meetings of the Council
shall be open to the public.
``(C) Notice.--Timely public notice of each regular
meeting of the Council (including the time, place, and
agenda of the meeting) shall be--
``(i) published in--
``(I) local newspapers in the
region; and
``(II) the Federal Register; and
``(ii) provided by such other means as
would sufficiently publicize the meeting, as
determined by the Council.
``(g) Committees and Scientific Advisory Panel.--The Council may
create standing or temporary committees, or appoint a scientific
advisory panel, as necessary to carry out the duties described in
subsection (f).
``(h) Estoppel.--
``(1) In general.--The Council is not liable under State or
Federal law for costs or damages as a result of rendering
recommendations under this section.
``(2) Advice.--Any advice given by a voting member of the
Council, or by a program representative or agent, be grounds
for estopping those interests represented by the voting Council
members from seeking damages or other appropriate relief.
``(i) Information From Federal Agencies and Industry.--
``(1) In general.--The Council may request directly from
any Federal agency (as defined in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903)) (referred to in this
section as a `Federal agency') information, suggestions,
estimates, and statistics for the purposes of this section.
``(2) Agency cooperation.--
``(A) In general.--Except as provided in
subparagraph (C), effective beginning 180 days after
the date of the enactment of the SHORE Act, each
Federal agency shall, with respect to all permits,
site-specific regulations, and other matters governing
the activities and actions falling within the purview
of the Council, consult with the Council prior to
taking substantive action with respect to the permit,
site-specific regulation, or other matter.
``(B) Review.--Such consultation shall be carried
out with a view to enabling the Council--
``(i) to review the permit, site-specific
regulation, or other matters; and
``(ii) to make appropriate recommendations
regarding operations, policy or agency actions.
``(C) Emergencies.--No prior consultation shall be
required under this paragraph if an authorized Federal
agency representative reasonably believes that an
emergency exists requiring action without delay.
``(D) Information.--Each Federal agency shall, upon
the request of the Council, to the extent authorized by
law, furnish information, suggestions, estimates, and
statistics directly to the Council.
``(3) Access.--The Council and any staff of the Council
shall have access to oil and gas industry facilities and
records that are necessary to the proper execution of the
Council's duties under this section. The Council's right of
access to industry records and facilities shall be the same as
that enjoyed by the nonvoting members of the Council or other
agencies having regulatory authority over the activities or
facilities at issue. Any confidential or proprietary
information provided to the Council under this paragraph shall
be held in the strictest confidence and subject to a reasonable
written confidentiality agreement furnished by the party
providing the information.
``(j) Council Research.--In carrying out this section, the Council
or a scientific advisory panel appointed by the Council, at the
Council's request--
``(1) may conduct applicable scientific research; and
``(2) shall review applicable scientific work undertaken by
or on behalf of--
``(A) the energy industry;
``(B) the conservation community; or
``(C) government agencies.
``(k) Council Recommendations.--
``(1) In general.--All recommendations of the Council shall
be advisory only.
``(2) Recommendations.--If a government agency, responsible
party, or other owner or operator, lessee, or permittee
(referred to in ths paragraph as a `covered individual or
entity') decides not to accept, or decides to substantially
modify prior to adoption, a recommendation of the Council, the
covered individual or entity shall provide to the Council, not
later than 30 days after the date of the decision of the
covered individual or entity, written notice of the decision
and a summary of reasons for the rejection or substantial
modification of the recommendation by the covered individual or
entity.
``(l) Location and Compensation.--
``(1) Office locations.--The Council shall establish
offices within a coastal community located on the North Slope
of Alaska.
``(2) Per diem authorization.--A member of the Council may
not be compensated for service on the Council, but shall be
allowed travel expenses, including per diem, at a rate
established by the Council, not to exceed the rates authorized
for employees of agencies under sections 5702 and 5703 of title
5, United States Code (except by express authorization of the
Council in any case in which such rates are inadequate to
reimburse a member not eligible for travel rates of the Federal
Government).
``(m) Reports.--
``(1) GAO reports.--Not later than 3 years after the date
of the establishment of the Council and every 3 years
thereafter, the Comptroller General of the United States shall
submit to the President and Congress a report covering the
operations and expenditures of the Council in carrying out this
section, including any recommendations of the Comptroller
General.
``(2) Biennial reports to congress.--Not later than 2 years
after the date of the establishment of the Council and every 2
years thereafter, the Council shall submit to Congress a report
on--
``(A) the achievement of safe operations of oil and
gas activities in the Arctic Ocean; and
``(B) the operations, expenditures, needs,
problems, issues, and recommendations of the Council.
``(3) Annual audits.--The Council shall--
``(A) commission an annual independent financial
statement audit by an independent accounting firm;
``(B) publish the results of such audits in a
publicly available annual report; and
``(C) include each such audit in the reports to
Congress required by paragraph (2).
``(n) Suits Barred.--No program, association, council, committee,
or other organization created by this section may sue any person or
entity, public or private, concerning any matter arising under this
section, except for the performance of contracts.
``(o) Operational and Administrative Funding.--
``(1) In general.--Owners or operators of offshore
facilities, lessees, and permittees in the Beaufort and Chukchi
Seas shall provide, on an annual basis, an aggregate amount of
not less than $5,000,000, as determined by the Secretary of the
department in which the Coast Guard is operating, which shall--
``(A) provide for the establishment and operation
of the Council, its standing committees, and any
temporary committees it may establish;
``(B) be adjusted annually by the Consumer Price
Index in Alaska; and
``(C) be reduced, by not more than a total of
$2,000,000 annually, for such owners or operators that
partner with organizations established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
``(2) Supplemental resources.--The provision of funding
under paragraph 1 shall not preclude the Council from obtaining
funding from other sources and using such funds for any purpose
not expressly prohibited by the bylaws of the Council or this
section.''.
(b) Table of Contents.--The table of contents in section 2 of the
Oil Pollution Act of 1990 is amended by adding at the end of the items
relating to subtitle A of title IV the following:

``Sec. 4120. Arctic Regional Citizens' Advisory Council.''.

SEC. 212. VESSEL LIABILITY.

(a) In General.--Section 1004(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2704(a)) is amended by striking paragraph (1) and inserting
the following:
``(1) for a vessel that is--
``(A) a tank ship that is a single-hull vessel,
including a single-hull vessel fitted with double sides
only or a double bottom only, $3,300 per gross ton or
$93,600,000, whichever is greater;
``(B) a tank ship that is a double-hull vessel,
$1,900 per gross ton or $16,000,000, whichever is
greater;
``(C) a tank barge that is a single-hull vessel,
including a single-hull vessel fitted with double sides
only or a double bottom only, $7,000 per gross ton or
$29,100,000, whichever is greater; or
``(D) a tank barge that is a double-hull vessel,
$7,000 per gross ton or $10,000,000, whichever is
greater;''.
(b) Definitions.--Section 1001(34) of the Oil Pollution Act of 1990
(33 U.S.C. 2701(34)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by striking ```tank vessel' means'' and inserting ``(A)
`tank vessel' means''; and
(3) by inserting at the end the following:
``(B) `tank barge' means a non-self-propelled tank vessel;
and
``(C) `tank ship' means a self-propelled tank vessel;''.

SEC. 213. 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;''.

SEC. 214. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE CASUALTIES.

Section 6101 of title 46, United States Code, is amended by adding
at the end the following:
``(j) Notice to States and Tribal Governments.--
``(1) Requirement to notify.--Not later than 1 hour after
receiving a report of a marine casualty under this section, the
Secretary shall forward the report to each appropriate State
agency and tribal government of an Indian tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) that has jurisdiction
concurrent with the United States or adjacent to waters in
which the marine casualty occurred.
``(2) Appropriate state agency.--Each State shall identify
for the Secretary the appropriate State agency to receive a
report under paragraph (1). Such agency shall be responsible
for forwarding appropriate information related to such report
to local and tribal governments within the State.''.

SEC. 215. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

(a) In General.--In any response to an oil spill in which the
Commandant of the Coast Guard serves as the Federal On-Scene
Coordinator leading a Unified Command, the Commandant shall, on a
publicly accessible website, publish all written Incident Action Plans
prepared and approved as a part of the response to such oil spill.
(b) Timeliness and Duration.--The Commandant shall--
(1) publish each Incident Action Plan pursuant to
subsection (a) promptly after such Plan is approved for
implementation by the Unified Command, and in no event later
than 12 hours into the operational period for which such Plan
is prepared; and
(2) ensure that such plan remains publicly accessible by
website for the duration of the response to the oil spill.
(c) Redaction of Personal Information.--The Commandant may redact
information from an Incident Action Plans published pursuant to
subsection (a) to the extent necessary to comply with applicable
privacy laws and other requirements regarding personal information.

TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVITIES WITH RESPECT TO
OIL SPILL SURVEYS.

(a) Development of National Protocols for Oil Spill Surveys.--Not
later than 270 days after the date of the enactment of this Act, the
Under Secretary for Oceans and Atmosphere shall, in coordination with
the Secretary of Homeland Security, the Administrator of the
Environmental Protection Agency, and the heads of such departments and
agencies of State governments as the Under Secretary considers
appropriate, develop standard national protocols for oil spill response
and clean up assessments to promote consistent procedures for
collecting shoreline characterization data and to ensure that the
format and resolution of such data are consistent with the needs of
coastal states. Such protocols shall, to the extent practicable,
encourage the use of electronic methods of data collection.
(b) Guidance and Tools for Application of National Protocols for
Oil Spill Surveys.--The Under Secretary shall develop guidance and
tools for oil spill responders and offer instructional courses to
ensure that the protocols developed under subsection (a) are used
during oil spill responses in the waters of the United States.

SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION, COAST GUARD, AND DEPARTMENT OF INTERIOR
ON OIL SPILL MATTERS.

(a) Outer Continental Shelf Leasing Program.--Section 18 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
(1) in subsection (c)(1), by inserting ``the Secretary of
Commerce, the Secretary of the department in which the Coast
Guard is operating, and'' before ``the Attorney General,''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``program,'' in
the first sentence and all that follows through the end
of the paragraph and inserting ``program--
``(A) the Attorney General may, after consultation
with the Federal Trade Commission, submit comments on
the anticipated effects of the proposed program on
competition;
``(B) the Secretary of Commerce may submit comments
on the anticipated effects of the proposed program on
the human, marine, and coastal environments, including
the likelihood of occurrence and potential severity of
spills and chronic pollution;
``(C) the Secretary of the department in which the
Coast Guard is operating may submit comments on the
adequacy of the response capabilities of the Federal
Government for spills and chronic pollution that may
occur as a result of the proposed program; and
``(D) any State, local government, or other person
may submit comments and recommendations as to any
aspect of the proposed program.''; and
(B) in the second sentence in paragraph (2), by
striking ``Attorney General'' and inserting ``Attorney
General, the Secretary of Commerce, the Secretary of
the department in which the Coast Guard is
operating,''.
(b) Environmental Studies.--Section 20(f) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1346(f)) is amended to read as follows:
``(f) Utilization of capabilities of Department of Commerce.--
``(1) In general.--In executing the Secretary's
responsibilities under this section, the Secretary shall, to
the maximum extent practicable, enter into appropriate
arrangements to utilize on a reimbursable basis the
capabilities of the Department of Commerce. In carrying out
such arrangements, the Secretary of Commerce is authorized to
enter into contracts or grants with any person, organization,
or entity with funds appropriated to the Secretary of the
Interior pursuant to this Act.
``(2) National oceanic and atmospheric administration.--
``(A) In general.--In addition to any other
requirement under law, the Secretary shall, prior to
the approval of any program, lease, exploration plan,
or development and production plan, consult with the
Administrator of the National Oceanic and Atmospheric
Administration (referred to in this paragraph as the
`Administrator') on the reasonably foreseeable adverse
effects of the proposed action to ocean and coastal
resources, including oil spills.
``(B) Initiation of consultation.--
``(i) In general.--The Secretary shall
initiate consultation under subparagraph (A) at
the earliest practicable time, but in no case
later than 90 days before the date of approval
of the proposed action.
``(ii) Provision of information.--On the
initiation of consultation, the Secretary shall
provide the Administrator with information
describing the nature, location, and duration
of the proposed action, and a description of
all reasonably foreseeable adverse effects to
ocean and coastal resources.
``(C) Alternatives.--
``(i) In general.--At any time prior to the
date that is 45 days before the approval of the
proposed action, the Administrator may
recommend alternatives to any proposed action,
including measures that will prevent or
minimize reasonably foreseeable adverse effects
to ocean and coastal resources.
``(ii) Secretarial action.--The Secretary
shall incorporate into the approval for the
proposed action the alternatives or mitigation
measures recommended under clause (i), unless
the Secretary--
``(I) determines that the
alternatives or mitigation measures are
not necessary to prevent or minimize
reasonably foreseeable adverse effects
to marine and coastal resources; and
``(II) notifies the Administrator
in writing of the reasons for that
decision.''.

SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE.

(a) Establishment.--There is established a committee to be known as
the Federal Oil Spill Research Committee.
(b) Membership.--
(1) Composition.--The Committee shall be composed of
members selected by the Under Secretary for Oceans and
Atmosphere to represent--
(A) the National Oceanic and Atmospheric
Administration;
(B) the Coast Guard;
(C) the Environmental Protection Agency;
(D) the national laboratories; and
(E) such other Federal agencies as the Under
Secretary considers appropriate.
(2) Chairperson.--The Under Secretary shall designate a
Chairperson from among members of the Committee who represent
the National Oceanic and Atmospheric Administration.
(c) Duties of the Committee.--
(1) Research.--The Committee shall--
(A) coordinate a comprehensive program of oil
pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry,
universities, research institutions, national
laboratories, State and local governments, tribal
governments, and other nations, as the Committee
considers appropriate; and
(B) foster cost-effective research mechanisms,
including the joint funding of research.
(2) Reports on current state of oil spill prevention and
response capabilities.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Committee shall
submit to Congress a report on the current state of oil
spill prevention and response capabilities that--
(i) identifies current research programs
and ocean observation activities and ocean
observation activities conducted by
governments, regional information coordination
entities and other non-Federal assets, regional
information coordination entities and other
non-Federal assets, universities, and corporate
entities;
(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies;
(iii) establishes national research
priorities and goals for oil pollution
technology development related to prevention,
response, mitigation, and environmental
effects;
(iv) identifies regional oil pollution
research and observing needs and priorities for
a coordinated program of research at the
regional level developed in consultation with
State and local governments and tribes;
(v) assesses the current state of spill
response equipment, and determines areas in
need of improvement including amount, age,
quality, effectiveness, or necessary
technological improvements;
(vi) assesses the current state of real
time data available to mariners, including
water level, currents and weather information
and predictions, and assesses whether lack of
timely information increases the risk of oil
spills;
(vii) assesses the capacity of the National
Oceanic and Atmospheric Administration to
respond to, and restore, and rehabilitate
marine sanctuaries, monuments, sea turtles, and
other protected species;
(viii) establishes goals for improved oil
spill prevention and response upon which to
target research for the following 5-year period
before the next report is submitted under
subparagraph (B); and
(ix) includes such recommendations as the
Committee considers appropriate.
(B) Quinquennial updates.--The Committee shall
submit a report every fifth year after its first report
under subparagraph (A) updating the information
contained in its previous report under this paragraph.
(d) Research and Development Program.--
(1) In general.--In carrying out its duties under
subsection (c)(1), the Committee shall establish a program for
conducting oil pollution research and development.
(2) Program elements.--The program established under
paragraph (1) shall provide for research, development, and
demonstration of new or improved technologies which are
effective in preventing, detecting, or mitigating oil
discharges and which protect the environment, and include the
following:
(A) High priority research areas described in the
report.
(B) Direct and indirect environmental effects of
acute and chronic oil spills on marine resources,
including impacts on marine sanctuaries, monuments,
other protected areas, marine mammals, sea turtles, and
other protected species.
(C) Monitoring, modeling, and understanding the
near and long-term effects of major spills and long-
term cumulative effects of smaller endemic spills.
(D) New technologies to detect accidental or
intentional overboard discharges.
(E) Mechanical response capabilities, such as
improved booms, oil skimmers, and storage capacity.
(F) Methods to respond to, restore, and
rehabilitate natural resources and ecosystem health and
services damaged by oil discharges, including impacts
on marine sanctuaries, monuments, other protected
areas, marine mammals, sea turtles, and other protected
species.
(G) Research and training, in consultation with the
National Response Team, to improve industry's and
Government's ability to remove an oil discharge quickly
and effectively.
(3) Implementation plan.--
(A) In general.--Not later than 180 days after
submitting the report to Congress under subsection
(c)(2)(A), the Committee shall submit to Congress a
plan for the implementation of the program required by
paragraph (1).
(B) Assessment by national academy of sciences.--
The Chairperson shall, acting through the National
Oceanic and Atmospheric Administration, contract with
the National Academy of Sciences to--
(i) provide advice and guidance in the
preparation and development of the plan
required by subparagraph (A); and
(ii) assess the adequacy of the plan as
submitted, and submit a report to Congress on
the conclusions of such assessment.
(e) Grant Program in Support of Research and Development Program.--
(1) In general.--The Under Secretary shall, in consultation
with the National Science Foundation, manage a program of
competitive grants to universities or other research
institutions, or groups of universities or research
institutions (including national laboratories), for the
purposes of conducting the program established under subsection
(d).
(2) Applications and conditions.--In conducting the
program, the Under Secretary--
(A) shall establish a notification and application
procedure;
(B) may establish such conditions and require such
assurances as may be appropriate to ensure the
efficiency and integrity of the grant program; and
(C) may make grants under the program on a matching
or nonmatching basis.
(f) Advice and Guidance.--The Committee shall accept comments and
input from State and local governments, Indian tribes, industry
representatives, and other stakeholders in carrying out its duties
under subsection (c).
(g) Facilitation.--The Committee may develop memoranda of agreement
or memoranda of understanding with universities, national laboratories,
State and local governments, or other entities to facilitate the
research program required by subsection (d).
(h) Annual Reports.--The Chairperson of the Committee shall submit
an annual report to Congress on the activities carried out under this
section in the preceding fiscal year, and on activities proposed to be
carried out under this section in the current fiscal year.
(i) Committee Replaces Existing Authority.--The authority provided
by this section supersedes the authority provided by section 7001 of
the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of
the Interagency Committee on Oil Pollution Research under subsection
(a) of that section, and that Committee shall cease operations and
terminate on the date of the enactment of this Act.

SEC. 304. AUTHORITY OF SECRETARY OF TRANSPORTATION.

Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended--
(1) by striking ``operating'' in subsection (b)(6)(A) and
inserting ``operating, the Secretary of Transportation,''; and
(2) in subsection (m)(2)--
(A) by striking ``Administrator'' in subparagraph
(A) and inserting ``Administrator, the Secretary of
Transportation,''; and
(B) by striking ``Administrator'' in subparagraph
(A) and inserting ``Administrator, the Secretary of
Transportation,''.

SEC. 305. INCREASED FUNDING FOR ENVIRONMENTAL OVERSIGHT AND MONITORING
BY THE COOK INLET AND PRINCE WILLIAM SOUND REGIONAL
CITIZENS' ADVISORY COUNCILS.

Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C.
2732(k)) is amended--
(1) in paragraph (2), by striking ``$2,000,000'' and
inserting ``$3,500,000''; and
(2) in paragraph (3), by striking ``not more than
$1,000,000'' and inserting ``not less than $2,000,000''.

TITLE IV--CORAL REEF CONSERVATION ACT AMENDMENTS

SEC. 401. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Coral Reef
Conservation Amendments Act of 2010''.

SEC. 402. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to or repeal
of a section or other provision, the reference shall be considered to
be made to a section or other provision of the Coral Reef Conservation
Act of 2000 (16 U.S.C. 6401 et seq.).

SEC. 403. AGREEMENTS; REDESIGNATIONS.

The Act (16 U.S.C. 6401 et seq.) is amended--
(1) by redesignating section 208 (16 U.S.C. 6407) as
section 214;
(2) by redesignating section 209 (16 U.S.C. 6408) as
section 215; and
(3) by redesignating section 210 (16 U.S.C. 6409) as
section 216.

SEC. 404. EMERGENCY ASSISTANCE.

Section 206 (16 U.S.C. 6405) is amended to read as follows:

``SEC. 206. EMERGENCY ASSISTANCE.

``The Secretary, in cooperation with the Federal Emergency
Management Agency, as appropriate, may provide assistance to any State,
local, or territorial government agency with jurisdiction over coral
reef ecosystems to address any unforeseen or disaster-related
circumstance pertaining to coral reef ecosystems.''.

SEC. 405. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

Section 207 (16 U.S.C. 6406) is amended to read as follows:

``SEC. 207. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

``(a) Establishment of Account.--The Secretary shall establish an
account (to be called the Emergency Response, Stabilization, and
Restoration Account) in the Damage Assessment Restoration Revolving
Fund established by the Department of Commerce Appropriations Act, 1991
(33 U.S.C. 2706 note), for implementation of this subsection for
emergency actions. Amounts appropriated for the Account under section
219, and funds authorized by sections 213(d)(1)(C)(ii) and
214(f)(3)(B), shall be deposited into the Account and made available
for use by the Secretary as specified in sections 213 and 214.
``(b) Deposit and Investment of Certain Funds.--Any amounts
received by the United States pursuant to sections 213(d)(1)(C)(ii) and
212(f)(3)(B) shall be deposited into the Emergency Response,
Stabilization and Restoration Account established under subsection (a).
The Secretary of Commerce may request the Secretary of the Treasury to
invest such portion of the Damage Assessment Restoration Revolving Fund
as is not, in the judgment of the Secretary of Commerce, required to
meet the current needs of the fund. Such investments shall be made by
the Secretary of the Treasury in public debt securities, with
maturities suitable to the needs of the fund, as determined by the
Secretary of Commerce and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturity. Interest earned by such investments shall be
available for use by the Secretary without further appropriation and
remain available until expended.''.

SEC. 406. PROHIBITED ACTIVITIES.

(a) In General.--The Act (16 U.S.C. 6401 et seq.) is amended by
inserting after section 207 the following:

``SEC. 208. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

``(a) Provisions as Complementary.--The provisions of this section
are in addition to, and shall not affect the operation of, other
Federal, State, or local laws or regulations providing protection to
coral reef ecosystems.
``(b) Destruction, Loss, Taking, or Injury.--
``(1) In general.--Except as provided in paragraph (2), it
is unlawful for any person to destroy, take, cause the loss of,
or injure any coral reef or any component thereof.
``(2) Exceptions.--The destruction, loss, taking, or injury
of a coral reef or any component thereof is not unlawful if
it--
``(A) was caused by the use of fishing gear used in
a manner permitted under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) or other Federal or State law;
``(B) was caused by an activity that is authorized
or allowed by Federal or State law (including lawful
discharges from vessels, such as graywater, cooling
water, engine exhaust, ballast water, or sewage from
marine sanitation devices), unless the destruction,
loss, or injury resulted from actions such as vessel
groundings, vessel scrapings, anchor damage, excavation
not authorized by Federal or State permit, or other
similar activities;
``(C) was the necessary result of bona fide marine
scientific research (including marine scientific
research activities approved by Federal, State, or
local permits), other than excessive sampling or
collecting, or actions such as vessel groundings,
vessel scrapings, anchor damage, excavation, or other
similar activities;
``(D) was caused by a Federal Government agency--
``(i) during--
``(I) an emergency that posed an
unacceptable threat to human health or
safety or to the marine environment;
``(II) an emergency that posed a
threat to national security; or
``(III) an activity necessary for
law enforcement or search and rescue;
and
could not reasonably be avoided; or
``(E) was caused by an action taken by the master
of the vessel in an emergency situation to ensure the
safety of the vessel or to save a life at sea.
``(c) Interference With Enforcement.--It is unlawful for any person
to interfere with the enforcement of this title by--
``(1) refusing to permit any officer authorized to enforce
this title to board a vessel (other than a vessel operated by
the Department of Defense or United States Coast Guard) subject
to such person's control for the purposes of conducting any
search or inspection in connection with the enforcement of this
title;
``(2) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
any person authorized by the Secretary to implement this title
or any such authorized officer in the conduct of any search or
inspection performed under this title; or
``(3) submitting false information to the Secretary or any
officer authorized to enforce this title in connection with any
search or inspection conducted under this title.
``(d) Violations of Title, Permit, or Regulation.--It is unlawful
for any person to violate any provision of this title, any permit
issued pursuant to this title, or any regulation promulgated pursuant
to this title.
``(e) Possession and Distribution.--It is unlawful for any person
to possess, sell, deliver, carry, transport, or ship by any means any
coral taken in violation of this title.''.
(b) Emergency Action Regulations.--The Secretary of Commerce shall
initiate a rulemaking proceeding to prescribe the circumstances and
conditions under which the exception in section 208(b)(2)(E) of the
Coral Reef Conservation Act of 2000, as amended by subsection (a),
applies and shall issue a final rule pursuant to that rulemaking as
soon as practicable but not later than 1 year after the date of
enactment of this Act. Nothing in this subsection shall be construed to
require the issuance of such regulations before the exception provided
by that section is in effect.

SEC. 407. DESTRUCTION OF CORAL REEFS.

The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 208, as added by section 406 of this title, the following:

``SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

``(a) Liability.--
``(1) Liability to the united states.--Except as provided
in subsection (f), all persons who engage in an activity that
is prohibited under subsections (b) or (d) of section 208, or
create an imminent risk thereof, are liable, jointly and
severally, to the United States for an amount equal to the sum
of--
``(A) response costs and damages resulting from the
destruction, loss, taking, or injury, or imminent risk
thereof, including damages resulting from the response
actions;
``(B) costs of seizure, forfeiture, storage, and
disposal arising from liability under this section; and
``(C) interest on that amount calculated in the
manner described in section 1005 of the Oil Pollution
Act of 1990 (33 U.S.C. 2705).
``(2) Liability in rem.--
``(A) Any vessel used in an activity that is
prohibited under subsection (b) or (d) of section 208,
or creates an imminent risk thereof, shall be liable in
rem to the United States for an amount equal to the sum
of--
``(i) response costs and damages resulting
from such destruction, loss, or injury, or
imminent risk thereof, including damages
resulting from the response actions;
``(ii) costs of seizure, forfeiture,
storage, and disposal arising from liability
under this section; and
``(iii) interest on that amount calculated
in the manner described in section 1005 of the
Oil Pollution Act of 1990 (33 U.S.C. 2705).
``(B) The amount of liability shall constitute a
maritime lien on the vessel and may be recovered in an
action in rem in any district court of the United
States that has jurisdiction over the vessel.
``(3) Defenses.--A person or vessel is not liable under
this subsection if that person or vessel establishes that the
destruction, loss, taking, or injury was caused solely by an
act of God, an act of war, or an act or omission of a third
party (other than an employee or agent of the defendant or one
whose act or omission occurs in connection with a contractual
relationship, existing directly or indirectly with the
defendant), and the person or master of the vessel acted with
due care.
``(4) No Limit to liability.--Nothing in sections 30501
through 30512 or section 30706 of title 46, United States Code,
shall limit liability to any person under this title.
``(b) Response Actions and Damage Assessment.--
``(1) Response actions.--The Secretary may undertake or
authorize all necessary actions to prevent or minimize the
destruction, loss, or taking of, or injury to, coral reefs, or
components thereof, or to minimize the risk or imminent risk of
such destruction, loss, or injury.
``(2) Damage assessment.--
``(A) The Secretary shall assess damages (as
defined in section 216(8)) to coral reefs and shall
consult with State officials regarding response and
damage assessment actions undertaken for coral reefs
within State waters.
``(B) There shall be no double recovery under this
chapter for coral reef damages, including the cost of
damage assessment, for the same incident.
``(c) Commencement of Civil Action for Response Costs and
Damages.--
``(1) Commencement.--The Attorney General, upon the request
of the Secretary, may commence a civil action against any
person or vessel that may be liable under subsection (a) of
this section for response costs, seizure, forfeiture, storage,
or disposal costs, and damages, and interest on that amount
calculated in the manner described in section 1005 of the Oil
Pollution Act of 1990 (33 U.S.C. 2705). The Secretary, acting
as trustee for coral reefs for the United States, shall submit
a request for such an action to the Attorney General whenever a
person or vessel may be liable for such costs or damages.
``(2) Venue in civil actions.--A civil action under this
title may be brought in the United States district court for
any district in which--
``(A) the defendant is located, resides, or is
doing business, in the case of an action against a
person;
``(B) the vessel is located, in the case of an
action against a vessel;
``(C) the destruction, loss, or taking of, or
injury to a coral reef, or component thereof, occurred
or in which there is an imminent risk of such
destruction, loss, or injury; or
``(D) where some or all of the coral reef or
component thereof that is the subject of the action is
not within the territory covered by any United States
district court, such action may be brought either in
the United States district court for the district
closest to the location where the destruction, loss,
injury, or risk of injury occurred, or in the United
States District Court for the District of Columbia.
``(d) Use of Recovered Amounts.--
``(1) In general.--Any costs, including response costs and
damages recovered by the Secretary under this section shall--
``(A) be deposited into an account or accounts in
the Damage Assessment Restoration Revolving Fund
established by the Department of Commerce
Appropriations Act, 1991 (33 U.S.C. 2706 note), or the
Natural Resource Damage Assessment and Restoration Fund
established by the Department of the Interior and
Related Agencies Appropriations Act, 1992 (43 U.S.C.
1474b), as appropriate given the location of the
violation;
``(B) be available for use by the Secretary without
further appropriation and remain available until
expended; and
``(C) be for use, as the Secretary considers
appropriate--
``(i) to reimburse the Secretary or any
other Federal or State agency that conducted
activities under subsection (a) or (b) of this
section for costs incurred in conducting the
activity;
``(ii) to be transferred to the Emergency
Response, Stabilization and Restoration Account
established under section 208(d) to reimburse
that account for amounts used for authorized
emergency actions; and
``(iii) after reimbursement of such costs,
to restore, replace, or acquire the equivalent
of any coral reefs, or components thereof,
including the reasonable costs of monitoring,
or to minimize or prevent threats of equivalent
injury to, or destruction of coral reefs, or
components thereof.
``(2) Restoration considerations.--In development of
restoration alternatives under paragraph (1)(C), the Secretary
shall consider State and territorial preferences and, if
appropriate, shall prioritize restoration projects with
geographic and ecological linkages to the injured resources.
``(e) Statute of Limitations.--An action for response costs or
damages under subsection (c) shall be barred unless the complaint is
filed within 3 years after the date on which the Secretary completes a
damage assessment and restoration plan for the coral reefs, or
components thereof, to which the action relates.
``(f) Federal Government Activities.--In the event of threatened or
actual destruction of, loss of, or injury to a coral reef or component
thereof resulting from an incident caused by a component of any
Department or agency of the United States Government, the cognizant
Department or agency shall satisfy its obligations under this section
by promptly, in coordination with the Secretary, taking appropriate
actions to respond to and mitigate the harm and restoring or replacing
the coral reef or components thereof and reimbursing the Secretary for
all assessment costs.
``(g) Uniformed Service Officers and Employees.--No officer or
employee of a uniformed service (as defined in section 101 of title 10,
United States Code) shall be held liable under this section, either in
such officer's or employee's personal or official capacity, for any
violation of section 208 occurring during the performance of the
officer's or employee's official governmental duties.
``(h) Contract Employees.--No contract employee of a uniformed
service (as so defined), serving as vessel master or crew member, shall
be liable under this section for any violation of section 208 if that
contract employee--
``(1) is acting as a contract employee of a uniformed
service under the terms of an operating contract for a vessel
owned by a uniformed service, or a time charter for pre-
positioned vessels, special mission vessels, or vessels
exclusively transporting military supplies and materials; and
``(2) is engaged in an action or actions over which such
employee has been given no discretion (e.g., anchoring or
mooring at one or more designated anchorages or buoys, or
executing specific operational elements of a special mission
activity), as determined by the uniformed service controlling
the contract.''.

SEC. 408. ENFORCEMENT.

The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 209, as added by section 407 of this title, the following:

``SEC. 210. ENFORCEMENT.

``(a) In General.--The Secretary shall conduct enforcement
activities to carry out this title.
``(b) Powers of Authorized Officers.--
``(1) In general.--Any person who is authorized to enforce
this title may--
``(A) board, search, inspect, and seize any vessel
or other conveyance suspected of being used to violate
this title, any regulation promulgated under this
title, or any permit issued under this title, and any
equipment, stores, and cargo of such vessel, except
that such authority shall not exist with respect to
vessels owned or time chartered by a uniformed service
(as defined in section 101 of title 10, United States
Code) as warships or naval auxiliaries;
``(B) seize wherever found any component of coral
reef taken or retained in violation of this title, any
regulation promulgated under this title, or any permit
issued under this title;
``(C) seize any evidence of a violation of this
title, any regulation promulgated under this title, or
any permit issued under this title;
``(D) execute any warrant or other process issued
by any court of competent jurisdiction;
``(E) exercise any other lawful authority; and
``(F) arrest any person, if there is reasonable
cause to believe that such person has committed an act
prohibited by section 208.
``(2) Naval auxiliary defined.--In this subsection, the
term `naval auxiliary' means a vessel, other than a warship,
that is owned by or under the exclusive control of a uniformed
service and used at the time of the destruction, take, loss or
injury for government, non-commercial service, including combat
logistics force vessels, pre-positioned vessels, special
mission vessels, or vessels exclusively used to transport
military supplies and materials.
``(c) Civil Enforcement and Permit Sanctions.--
``(1) Civil administrative penalty.--Any person subject to
the jurisdiction of the United States who violates this title
or any regulation promulgated or permit issued hereunder, shall
be liable to the United States for a civil administrative
penalty of not more than $200,000 for each such violation, to
be assessed by the Secretary. Each day of a continuing
violation shall constitute a separate violation. In determining
the amount of civil administrative penalty, the Secretary shall
take into account the nature, circumstances, extent, and
gravity of the prohibited acts committed and, with respect to
the violator, the degree of culpability, and any history of
prior violations, and such other matters as justice may
require. In assessing such penalty, the Secretary may also
consider information related to the ability of the violator to
pay.
``(2) Permit sanctions.--For any person subject to the
jurisdiction of the United States who has been issued or has
applied for a permit under this title, and who violates this
title or any regulation or permit issued under this title, the
Secretary may deny, suspend, amend, or revoke in whole or in
part any such permit. For any person who has failed to pay or
defaulted on a payment agreement of any civil penalty or
criminal fine or liability assessed pursuant to any natural
resource law administered by the Secretary, the Secretary may
deny, suspend, amend or revoke in whole or in part any permit
issued or applied for under this title.
``(3) Imposition of civil judicial penalties.--Any person
who violates any provision of this title, any regulation
promulgated or permit issued thereunder, shall be subject to a
civil judicial penalty not to exceed $250,000 for each such
violation. Each day of a continuing violation shall constitute
a separate violation. The Attorney General, upon the request of
the Secretary, may commence a civil action in an appropriate
district court of the United States, and such court shall have
jurisdiction to award civil penalties and such other relief as
justice may require. In determining the amount of a civil
penalty, the court shall take into account the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior violations, and such other
matters as justice may require. In imposing such penalty, the
district court may also consider information related to the
ability of the violator to pay.
``(4) Notice.--No penalty or permit sanction shall be
assessed under this subsection until after the person charged
has been given notice and an opportunity for a hearing.
``(5) In rem jurisdiction.--A vessel used in violating this
title, any regulation promulgated under this title, or any
permit issued under this title, shall be liable in rem for any
civil penalty assessed for such violation. Such penalty shall
constitute a maritime lien on the vessel and may be recovered
in an action in rem in the district court of the United States
having jurisdiction over the vessel.
``(6) Collection of penalties.--If any person fails to pay
an assessment of a civil penalty under this section after it
has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General, who shall recover the amount assessed in any
appropriate district court of the United States (plus interest
at current prevailing rates from the date of the final order).
In such action, the validity and appropriateness of the final
order imposing the civil penalty shall not be subject to
review. Any person who fails to pay, on a timely basis, the
amount of an assessment of a civil penalty shall be required to
pay, in addition to such amount and interest, attorney's fees
and costs for collection proceedings and a quarterly nonpayment
penalty for each quarter during which such failure to pay
persists. Such nonpayment penalty shall be in an amount equal
to 20 percent of the aggregate amount of such person's
penalties and nonpayment penalties that are unpaid as of the
beginning of such quarter.
``(7) Compromise or other action by Secretary.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil administrative penalty or permit sanction
which is or may be imposed under this section and that has not
been referred to the Attorney General for further enforcement
action.
``(8) Jurisidiction.--The several district courts of the
United States shall have jurisdiction over any actions brought
by the United States arising under this section. For the
purpose of this section, American Samoa shall be included
within the judicial district of the District Court of the
United States for the District of Hawaii. Each violation shall
be a separate offense and the offense shall be deemed to have
been committed not only in the district where the violation
first occurred, but also in any other district as authorized by
law.
``(d) Forfeiture.--
``(1) Criminal forfeiture.--A person who is convicted of an
offense in violation of this title shall forfeit to the United
States--
``(A) any property, real or personal, constituting
or traceable to the gross proceeds taken, obtained, or
retained, in connection with or as a result of the
offense, including, without limitation, any coral reef
or coral reef component (or the fair market value
thereof); and
``(B) any property, real or personal, used or
intended to be used, in any manner, to commit or
facilitate the commission of the offense, including,
without limitation, any vessel (including the vessel's
equipment, stores, catch and cargo), vehicle, aircraft,
or other means of transportation.
Pursuant to section 2461(c) of title 28, United States Code,
the provisions of section 413 of the Controlled Substances Act
(21 U.S.C. 853) other than subsection (d) thereof shall apply
to criminal forfeitures under this section.
``(2) Civil forfeiture.--The property set forth below shall
be subject to forfeiture to the United States in accordance
with the provisions of chapter 46 of title 18, United States
Code, and no property right shall exist in it:
``(A) Any property, real or personal, constituting
or traceable to the gross proceeds taken, obtained, or
retained, in connection with or as a result of a
violation of this title, including, without limitation,
any coral reef or coral reef component (or the fair
market value thereof).
``(B) Any property, real or personal, used or
intended to be used, in any manner, to commit or
facilitate the commission of a violation of this title,
including, without limitation, any vessel (including
the vessel's equipment, stores, catch and cargo),
vehicle, aircraft, or other means of transportation.
``(3) Application of the customs laws.--All provisions of
law relating to seizure, summary judgment, and judicial
forfeiture and condemnation for violation of the customs laws,
the disposition of the property forfeited or condemned or the
proceeds from the sale thereof, the remission or mitigation of
such forfeitures, and the compromise of claims shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this title, insofar as
applicable and not inconsistent with the provisions hereof. For
seizures and forfeitures of property under this section by the
Secretary, such duties as are imposed upon the customs officer
or any other person with respect to the seizure and forfeiture
of property under the customs law may be performed by such
officers as are designated by the Secretary or, upon request of
the Secretary, by any other agency that has authority to manage
and dispose of seized property.
``(4) Presumption.--For the purposes of this section there
is a rebuttable presumption that all coral reefs, or components
thereof, found on board a vessel that is used or seized in
connection with a violation of this title or of any regulation
promulgated under this title were taken, obtained, or retained
in violation of this title or of a regulation promulgated under
this title.
``(e) Payment of Storage, Care, and Other Costs.--Any person
assessed a civil penalty for a violation of this title or of any
regulation promulgated under this title and any claimant in a
forfeiture action brought for such a violation, shall be liable for the
reasonable costs incurred by the Secretary in storage, care, and
maintenance of any property seized in connection with the violation.
``(f) Expenditures.--
``(1) Notwithstanding section 3302 of title 31, United
States Code, or section 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861), amounts
received by the United States as civil penalties under
subsection (c) of this section, forfeitures of property under
subsection (d) of this section, and costs imposed under
subsection (e) of this section, shall--
``(A) be placed into an account;
``(B) be available for use by the Secretary without
further appropriation; and
``(C) remain available until expended.
``(2) Amounts received under this section for forfeitures
under subsection (d) and costs imposed under subsection (e)
shall be used to pay the reasonable and necessary costs
incurred by the Secretary to provide temporary storage, care,
maintenance, and disposal of any property seized in connection
with a violation of this title or any regulation promulgated
under this title.
``(3) Amounts received under this section as civil
penalties under subsection (c) of this section and any amounts
remaining after the operation of paragraph (2) of this
subsection shall--
``(A) be used to stabilize, restore, or otherwise
manage the coral reef with respect to which the
violation occurred that resulted in the penalty or
forfeiture;
``(B) be transferred to the Emergency Response,
Stabilization, and Restoration Account established
under section 208(d) or an account described in section
209(d)(1) of this title, to reimburse such account for
amounts used for authorized emergency actions;
``(C) be used to conduct monitoring and enforcement
activities;
``(D) be used to conduct research on techniques to
stabilize and restore coral reefs;
``(E) be used to conduct activities that prevent or
reduce the likelihood of future damage to coral reefs;
``(F) be used to stabilize, restore or otherwise
manage any other coral reef; or
``(G) be used to pay a reward to any person who
furnishes information leading to an assessment of a
civil penalty, or to a forfeiture of property, for a
violation of this title or any regulation promulgated
under this title.
``(g) Criminal Enforcement.--
``(1) Any person (other than a foreign government or any
entity of such government) who knowingly commits any act
prohibited by section 208(c) of this title shall be imprisoned
for not more than 5 years and shall be fined not more than
$500,000 for individuals or $1,000,000 for an organization;
except that if in the commission of any such offense the
individual uses a dangerous weapon, engages in conduct that
causes bodily injury to any officer authorized to enforce the
provisions of this title, or places any such officer in fear of
imminent bodily injury, the maximum term of imprisonment is not
more than 10 years.
``(2) Any person (other than a foreign government or any
entity of such government) who knowingly violates subsection
(b), (d), or (e) of section 208 shall be fined under title 18,
United States Code, or imprisoned not more than 5 years or
both.
``(3) Any person (other than a foreign government or any
entity of such government) who violates subsection (b), (d), or
(e) of section 208, and who, in the exercise of due care should
know that such person's conduct violates subsection (b), (d),
or (e) of section 208, shall be fined under title 18, United
States Code, or imprisoned not more than 1 year, or both.
``(4) The several district courts of the United States
shall have jurisdiction over any actions brought by the United
States arising under this subsection. For the purpose of this
subsection, American Samoa shall be included within the
judicial district of the District Court of the United States
for the District of Hawaii. Each violation shall be a separate
offense and the offense shall be deemed to have been committed
not only in the district where the violation first occurred,
but also in any other district as authorized by law. Any
offenses not committed in any district are subject to the venue
provisions of section 3238 of title 18, United States Code.
``(h) Subpoenas.--In the case of any investigation or hearing under
this section or any other natural resource statute administered by the
National Oceanic and Atmospheric Administration which is determined on
the record in accordance with the procedures provided for under section
554 of title 5, United States Code, the Secretary may issue subpoenas
for the attendance and testimony of witnesses and the production of
relevant papers, books, electronic files, and documents, and may
administer oaths.
``(i) Coast Guard Authority Not Limited.--Nothing in this section
shall be considered to limit the authority of the Coast Guard to
enforce this or any other Federal law under section 89 of title 14,
United States Code.
``(j) Injunctive Relief.--
``(1) If the Secretary determines that there is an imminent
risk of destruction or loss of or injury to a coral reef, or
that there has been actual destruction or loss of, or injury
to, a coral reef which may give rise to liability under section
209 of this title, the Attorney General, upon request of the
Secretary, shall seek to obtain such relief as may be necessary
to abate such risk or actual destruction, loss, or injury, or
to restore or replace the coral reef, or both. The district
courts of the Unites States shall have jurisdiction in such a
case to order such relief as the public interest and the
equities of the case may require.
``(2) Upon the request of the Secretary, the Attorney
General may seek to enjoin any person who is alleged to be in
violation of any provision of this title, or any regulation or
permit issued under this title, and the district courts shall
have jurisdiction to grant such relief.
``(k) Area of Application and Enforceability.--The area of
application and enforceability of this title includes the internal
waters of the United States, the territorial sea of the United States,
as described in Presidential Proclamation 5928 of December 27, 1988,
the Exclusive Economic Zone of the United States as described in
Presidential Proclamation 5030 of March 10, 1983, and the continental
shelf, consistent with international law.
``(l) Nationwide Service of Process.--In any action by the United
States under this title, process may be served in any district where
the defendant is found, resides, transacts business, or has appointed
an agent for the service of process, and for civil cases may also be
served in a place not within the United States in accordance with rule
4 of the Federal Rules of Civil Procedure.
``(m) Venue in Civil Actions.--A civil action under this title may
be brought in the United States district court for any district in
which--
``(1) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(2) the vessel is located, in the case of an action
against a vessel;
``(3) the destruction of, loss of, or injury to a coral
reef, or component thereof, occurred or in which there is an
imminent risk of such destruction, loss, or injury; or
``(4) where some or all of the coral reef or component
thereof that is the subject of the action is not within the
territory covered by any United States district court, such
action may be brought either in the United States district
court for the district closest to the location where the
destruction, loss, injury, or risk of injury occurred, or in
the United States District Court for the District of Columbia.
``(n) Uniformed Service Officers and Employees.--No officer or
employee of a uniformed service (as defined in section 101 of title 10,
United States Code) shall be held liable under this section, either in
such officer's or employee's personal or official capacity, for any
violation of section 208 occurring during the performance of the
officer's or employee's official governmental duties.
``(o) Contract Employees.--No contract employee of a uniformed
service (as so defined), serving as vessel master or crew member, shall
be liable under this section for any violation of section 208 if that
contract employee--
``(1) is acting as a contract employee of a uniformed
service under the terms of an operating contract for a vessel
owned by a uniformed service, or a time charter for pre-
positioned vessels, special mission vessels, or vessels
exclusively transporting military supplies and materials; and
``(2) is engaged in an action or actions over which such
employee has been given no discretion (e.g., anchoring or
mooring at one or more designated anchorages or buoys, or
executing specific operational elements of a special mission
activity), as determined by the uniformed service controlling
the contract.''.

SEC. 409. PERMITS.

The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 210, as added by section 408 of this title, the following:

``SEC. 211. PERMITS.

``(a) In General.--The Secretary may allow for the conduct of--
``(1) bona fide research, and
``(2) activities that would otherwise be prohibited by this
title or regulations issued thereunder,
through issuance of coral reef conservation permits in accordance with
regulations issued under this title.
``(b) Limitation of Non-Research Activities.--The Secretary may not
issue a permit for activities other than for bona fide research unless
the Secretary finds--
``(1) the activity proposed to be conducted is compatible
with one or more of the purposes in section 202(b) of this
title;
``(2) the activity conforms to the provisions of all other
laws and regulations applicable to the area for which such
permit is to be issued; and
``(3) there is no practicable alternative to conducting the
activity in a manner that destroys, causes the loss of, or
injures any coral reef or any component thereof.
``(c) Terms and Conditions.--The Secretary may place any terms and
conditions on a permit issued under this section that the Secretary
deems reasonable.
``(d) Fees.--
``(1) Assessment and collection.--Subject to regulations
issued under this title, the Secretary may assess and collect
fees as specified in this subsection.
``(2) Amount.--Any fee assessed shall be equal to the sum
of--
``(A) all costs incurred, or expected to be
incurred, by the Secretary in processing the permit
application, including indirect costs; and
``(B) if the permit is approved, all costs
incurred, or expected to be incurred, by the Secretary
as a direct result of the conduct of the activity for
which the permit is issued, including costs of
monitoring the conduct of the activity and educating
the public about the activity and coral reef resources
related to the activity.
``(3) Use of fees.--Amounts collected by the Secretary in
the form of fees under this section shall be collected and
available for use only to the extent provided in advance in
appropriations Acts and may be used by the Secretary for
issuing and administering permits under this section.
``(4) Waiver or reduction of fees.--For any fee assessed
under paragraph (2) of this subsection, the Secretary may--
``(A) accept in-kind contributions in lieu of a
fee; or
``(B) waive or reduce the fee.
``(e) Fishing.--Nothing in this section shall be considered to
require a person to obtain a permit under this section for the conduct
of any fishing activities not prohibited by this title or regulations
issued thereunder.''.

SEC. 410. REGULATIONS.

The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 211, as added by section 409 of this title, the following:

``SEC. 212. REGULATIONS.

``The Secretary may issue such regulations as are necessary and
appropriate to carry out the purposes of this title. This title and any
regulations promulgated under this title shall be applied in accordance
with international law. No restrictions shall apply to or be enforced
against a person who is not a citizen, national, or resident alien of
the United States (including foreign flag vessels) unless in accordance
with international law.''.

SEC. 411. JUDICIAL REVIEW.

The Act (16 U.S.C. 6401 et seq.) is amended by inserting after
section 212, as added by section 410 of this title, the following:

``SEC. 213. JUDICIAL REVIEW.

``(a) In General.--Chapter 7 of title 5, United States Code, is not
applicable to any action taken by the Secretary under this title,
except that--
``(1) review of any final agency action of the Secretary
taken pursuant to sections 210(c)(1) and 210(c)(2) may be had
only by the filing of a complaint by an interested person in
the United States District Court for the appropriate district;
any such complaint must be filed within 30 days of the date
such final agency action is taken; and
``(2) review of any final agency action of the Secretary
taken pursuant to section 215 may be had by the filing of a
petition for review by an interested person in the Circuit
Court of Appeals of the United States for the federal judicial
district in which such person resides or transact business
which is directly affected by the action taken; such petition
shall be filed within 120 days from the date such final agency
action is taken.
``(b) No Review in Enforcement Proceedings.--Final agency action
with respect to which review could have been obtained under subsection
(a)(2) shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
``(c) Cost of Litigation.--In any judicial proceeding under
subsection (a), the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing party
whenever it determines that such award is appropriate.''.

SEC. 412. DEFINITIONS.

Section 216 (formerly 16 U.S.C. 6409), as redesignated by section
403 of this title, is amended to read as follows:

``SEC. 216. DEFINITIONS.

``In this title:
``(1) Biodiversity.--The term `biodiversity' means the
variability among living organisms from all sources including,
inter alia, terrestrial, marine, and other aquatic ecosystems
and the ecological complexes of which they are part, including
diversity within species, between species, and of ecosystems.
``(2) Bona fide research.--The term `bona fide research'
means scientific research on corals, the results of which are
likely--
``(A) to be eligible for publication in a referred
scientific journal;
``(B) to contribute to the basic knowledge of coral
biology or ecology; or
``(C) to identify, evaluate, or resolve
conservation problems.
``(3) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others),
Alcyonacea (soft corals), and Helioporacea (blue coral)
of the class Anthozoa; and
``(B) all species of the families Milleporidea
(fire corals) and Stylasteridae (stylasterid
hydrocorals) of the class Hydrozoa.
``(4) Coral reef.--The term `coral reef' means limestone
structures composed in whole or in part of living corals, as
described in paragraph (3), their skeletal remains, or both,
and including other corals, associated sessile invertebrates
and plants, and associated seagrasses.
``(5) Coral reef component.--The term `coral reef
component' means any part of a coral reef, including individual
living or dead corals, associated sessile invertebrates and
plants, and any adjacent or associated seagrasses.
``(6) Coral reef ecosystem.--The term `coral reef
ecosystem' means the system of coral reefs and geographically
associated species, habitats, and environment, including any
adjacent or associated mangroves and seagrass habitats, and the
processes that control its dynamics.
``(7) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any product
containing specimens, parts, or derivatives, of any species
referred to in paragraph (3).
``(8) Damages.--The term `damages' includes--
``(A) compensation for--
``(i) the cost of replacing, restoring, or
acquiring the equivalent of the coral reef, or
component thereof; and
``(ii) the lost services of, or the value
of the lost use of, the coral reef or component
thereof, or the cost of activities to minimize
or prevent threats of, equivalent injury to, or
destruction of coral reefs or components
thereof, pending restoration or replacement or
the acquisition of an equivalent coral reef or
component thereof;
``(B) the reasonable cost of damage assessments
under section 209;
``(C) the reasonable costs incurred by the
Secretary in implementing section 208(d);
``(D) the reasonable cost of monitoring appropriate
to the injured, restored, or replaced resources;
``(E) the reasonable cost of curation, conservation
and loss of contextual information of any coral
encrusted archaeological, historical, and cultural
resource;
``(F) the cost of legal actions under section 209,
undertaken by the United States, associated with the
destruction or loss of, or injury to, a coral reef or
component thereof, including the costs of attorney time
and expert witness fees; and
``(G) the indirect costs associated with the costs
listed in subparagraphs (A) through (F) of this
paragraph.
``(9) Emergency actions.--The term `emergency actions'
means all necessary actions to prevent or minimize the
additional destruction or loss of, or injury to, coral reefs or
components thereof, or to minimize the risk of such additional
destruction, loss, or injury.
``(10) Exclusive economic zone.--The term `Exclusive
Economic Zone' means the waters of the Exclusive Economic Zone
of the United States under Presidential Proclamation 5030,
dated March 10, 1983.
``(11) Person.--The term `person' means any individual,
private or public corporation, partnership, trust, institution,
association, or any other public or private entity, whether
foreign or domestic, private person or entity, or any officer,
employee, agent, Department, agency, or instrumentality of the
Federal Government, of any State or local unit of government,
or of any foreign government.
``(12) Response costs.--The term `response costs' means the
costs of actions taken or authorized by the Secretary to
minimize destruction or loss of, or injury to, a coral reef, or
component thereof, or to minimize the imminent risks of such
destruction, loss, or injury, including costs related to
seizure, forfeiture, storage, or disposal arising from
liability under section 209.
``(13) Secretary.--The term `Secretary' means--
``(A) for purposes of sections 201 through 211, and
section 213 (except as otherwise provided in
subparagraph (B)), and the other paragraphs of this
section, the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration; and
``(B) for purposes of sections 208 through 213--
``(i) the Secretary of the Interior for any
coral reef or component thereof located in (I)
the National Wildlife Refuge System, (II) the
National Park System, and (III) the waters
surrounding Wake Island under the jurisdiction
of the Secretary of the Interior, as set forth
in Executive Order 11048 (27 Fed. Reg. 8851
(September 4, 1962)); or
``(ii) the Secretary of Commerce for any
coral reef or component thereof located in any
area not described in clause (i).
``(14) Service.--The term `service' means functions,
ecological or otherwise, performed by a coral reef or component
thereof.
``(15) State.--The term `State' means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands, and any other
territory or possession of the United States, or separate
sovereign in free association with the United States, that
contains a coral reef ecosystem within its seaward boundaries.
``(16) Territorial sea.--The term `Territorial Sea' means
the waters of the Territorial Sea of the United States under
Presidential Proclamation 5928, dated December 27, 1988.''.
Calendar No. 713

111th CONGRESS

2d Session

S. 3597

_______________________________________________________________________

A BILL

To improve the ability of the National Oceanic and Atmospheric
Administration, the Coast Guard, and coastal States to sustain healthy
ocean and coastal ecosystems by maintaining and sustaining their
capabilities relating to oil spill preparedness, prevention, response,
restoration, and research, and for other purposes.

_______________________________________________________________________

December 17, 2010

Reported with an amendment