S 203
112th CONGRESS
1st Session
S. 203
To direct the Administrator of the National Oceanic and Atmospheric
Administration to institute research into the special circumstances
associated with oil spill prevention and response in Arctic waters,
including assessment of impacts on Arctic marine mammals and other wildlife,
marine debris research and removal, and risk assessment, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
January 26, 2011
Mr. BEGICH introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
A BILL
To direct the Administrator of the National Oceanic and Atmospheric
Administration to institute research into the special circumstances
associated with oil spill prevention and response in Arctic waters,
including assessment of impacts on Arctic marine mammals and other wildlife,
marine debris research and removal, and risk assessment, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Responsible Arctic Energy Development
Act of 2011'.
SEC. 2. FINDINGS.
(1) Alaska is the only Arctic State in the United States;
(2) Alaska contributes 17 percent of the oil production of the United
States, and the Arctic region of the State of Alaska is believed to
hold considerable reserves of oil and natural gas needed for the future
energy security of the United States;
(3) the marine mammals and other fish and wildlife resources of the
Arctic are--
(A) critical to meet the subsistence needs of indigenous residents
of Alaska;
(B) a source of significant nonconsumptive use and nonuse value
to the United States; and
(C) vulnerable to the impacts of oil and gas exploration and production;
(4) the Arctic and the natural resources of the Arctic are particularly
vulnerable to the impacts of oil spills due to the uniqueness of and
limited access to the region, including--
(A) remote location that makes oil spill emergency response capabilities
slower and more difficult;
(B) cold temperatures and ice cover that slow the natural degradation
and dissipation of spilled oil; and
(C) increased susceptibility of Arctic wildlife that are highly
dependent on insulation, which would be greatly decreased by oil
cover;
(5) Alaska lacks the essential geospatial framework for safe navigation,
accident prevention, and oil spill response capabilities that are
available to the rest of the United States;
(6) existing Federal research and science advisory programs focused
on the environmental and socioeconomic impacts of oil and gas development
in the Arctic would benefit from--
(A) a more cohesive, coordinated, and integrated approach; and
(B) better coordination with State, local, and private-sector Arctic
research programs; and
(7) oil spill from the mobile offshore drilling unit Deepwater Horizon
in the Gulf of Mexico has highlighted the need for stronger oil spill
prevention and response research and planning for future development
on the outer Continental Shelf of the United States.
SEC. 3. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.
(a) In General- The Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration and in collaboration
with the heads of other agencies or departments of the United States
with appropriate Arctic science expertise, shall direct research and
take action to improve the ability of the United States to conduct oil
spill prevention, response, and recovery in Arctic waters.
(b) Inclusions- Research and action under this section shall include
the prioritization of resources--
(A) ecological baselines and environmental sensitivity indexes;
(B) identification of ecological important areas, critical 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--
(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 and restoration; 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. 4. ARCTIC OIL AND GAS DEVELOPMENT.
(a) In General- Title VI of the Oil Pollution Act of 1990 is amended
by inserting after section 6002 (33 U.S.C. 2752) the following:
`SEC. 6003. ARCTIC OIL AND GAS DEVELOPMENT.
`The Administrator of the National Oceanic and Atmospheric Administration
and the Commandant of the Coast Guard, in consultation with the Secretary
of the Department of Interior when applicable, shall use amounts made
available under the Responsible Arctic Energy Development Act of 2011
to carry out research and related activities in advance of energy exploration
and production and related activities in the Arctic, including--
`(1) research into oil spill prevention and response in varying Arctic
ice conditions (including pack ice, broken ice, and landfast ice);
`(2) establishment of oil spill response capabilities in the Arctic,
including oiled wildlife response capabilities;
`(3) research into the effectiveness of oil spill response strategies,
such as--
`(A) the use and application of dispersants (including research
on toxicity of dispersants) in Arctic conditions;
`(B) the impacts of dispersed oil in the water column and benthic
habitats and sediments;
`(C) the black carbon impacts of in-situ burning;
`(D) the effects of mechanical oil removal methods on benthic habitats;
`(E) the impacts of spill response strategies on the Arctic food
web;
`(F) identification of options for restoration of natural resources
in the event of an Arctic oil spill, including development of oiled
wildlife response strategies for large mammals;
`(G) scientific assessment of and research into effects of oil on
biota that depend on ice habitats;
`(H) the locating and tracking of oil on the surface and in the
water column, under Arctic conditions, using acoustic and remote
sensing technology; and
`(I) the weathering and persistence of spilled oil in the Arctic
environment;
`(4) a comprehensive scientific gap analysis to determine future research
and ocean observation needs for the safe and responsible development
of Arctic energy;
`(5) scientific assessment of and research into Arctic species, such
as whales, ice seals, walrus, polar bears, and fishery resources,
including the economic and social importance of those resources and
the documentation of local and traditional knowledge about those species;
`(6) monitoring and research authorized under existing Alaska Native
organization marine mammal comanagement agreements;
`(7) Environmental Sensitivity Index or digital database mapping of
the Arctic coast and Bering Strait regions;
`(8) research into Arctic ocean current and wind trajectories, changing
ice pack conditions, and ongoing monitoring and observing of ocean
conditions;
`(9) marine debris research and removal projects and activities; and
`(10) adherence to data management standards established by the Integrated
Ocean Observing System for ocean data variables.'.
(b) Conforming Amendment- The table of contents of the Oil Pollution
Act of 1990 (33 U.S.C. prec. 2701) is amended by striking the item relating
to section 6003 and inserting the following:
`Sec. 6003. Arctic oil and gas development.'.
SEC. 5. 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--
(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; and
(8) the integration of local and traditional knowledge and concerns
into prevention and response strategies.
SEC. 6. FEDERAL OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Interagency Coordinating Committee on Oil Pollution Research- Section
7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended--
(1) in subsection (a), by adding at the end the following:
`(A) IN GENERAL- There shall be 2 Vice Chairmen of the Interagency
Committee, of whom--
`(i) the Administrator of the National Oceanic and Atmospheric
Administration shall serve as the Vice Chairman for Marine Science
Research; and
`(ii) the Administrator of the Environmental Protection Agency
shall serve as the Vice Chairman for Environmental Science Research.
`(B) DUTIES- Each Vice Chairman shall coordinate Federal oil pollution
research carried out by the agency overseen by the Vice Chairman.
`(6) FUNCTIONS- The Interagency Committee shall--
`(A) coordinate Federal oil pollution research, technology development,
and demonstration among the Federal agencies;
`(B) complete a research assessment on the status of Federal oil
pollution prevention and response capabilities;
`(C) develop a Federal oil pollution research and technology plan,
pursuant to subsection (b); and
`(D) with regard to Arctic waters--
`(i) prioritize resources to address--
`(I) ecological baselines and Environmental Sensitivity Indexes;
`(II) identification of ecologically important areas, critical
habitats, and migratory behaviors;
`(III) improvements in oil technologies for collecting observational
data essential for safe navigation and response strategies in
the event of an oil spill in both open water and ice-covered
seasons, including data relating to--
`(aa) currents;
`(bb) winds;
`(cc) weather;
`(dd) waves;
`(ee) oil spill monitoring; and
`(ff) ice forecasting;
`(IV) development of a robust operational monitoring program
during the open water and ice-covered seasons;
`(V) improvements in technologies and understanding of cold
water oil recovery and restoration; and
`(VI) the integration of local and traditional knowledge into
oil recovery research studies; and
`(ii) conduct hydrographic and bathymetric surveys and improve
navigational charting of Arctic waters.'; and
(A) in paragraph (1), by striking `Within 180 days after the date
of enactment of this Act' and inserting `Not later than January
1, 2010, and biennially thereafter'; and
(B) in paragraph (2), by striking `Department of Transportation'
and inserting `Department of Homeland Security'.
SEC. 7. RISK ASSESSMENT.
(a) Requirement for Risk Assessment-
(1) IN GENERAL- Not later than 120 days after the date of the enactment
of this Act, the Interagency Coordinating Committee on Oil Pollution
Research shall request the National Research Council to conduct a
risk assessment--
(A) to identify and evaluate spill prevention and response standards
in effect as of that date; and
(B) to develop recommendations that will enhance safety and lessen
the potential adverse environmental impacts of industrial activities
in Arctic waters.
(2) INCLUSIONS- The assessment under subsection (a) shall include
the recommendations of the National Research Council to identify a
comprehensive suite of measures, based on the best available technology,
designed to prevent and respond to oil spills in the Arctic.
(b) Submission to Committee, Congress- The National Research Council
shall concurrently submit the risk assessment described in subsection
(a) to--
(1) the Interagency Coordinating Committee on Oil Pollution Research;
(2) the Committee on Commerce, Science, and Transportation of the
Senate; and
(3) the Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 8. EXEMPTION OF OIL POLLUTION RESEARCH AND DEVELOPMENT PROJECTS
FROM ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General- Notwithstanding any other provision of law, testing
of oil spill prevention, response, or mitigation technology for use
in Arctic waters shall not constitute a major Federal action for the
purposes of section 102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)), on the condition that the Secretary
of Homeland Security, the Administrator of the Environmental Protection
Agency, and the Secretary of Commerce unanimously find that--
(1) the testing is necessary to advance that technology;
(2) no reasonable alternative to the testing is available; and
(3) the testing does not represent a serious threat to the environment.
(b) Judicial Review- Any action of Federal officers pursuant to this
section, or any action relating to such an action, shall not be subject
to judicial review.
SEC. 9. PROCUREMENT OF RESPONSE MATERIALS.
(a) In General- The procurement of an item for the purpose of oil pollution
prevention, mitigation, response, or cleanup, or for the research, testing,
or development of such capacity, shall be considered, regardless of
the origin of the item, to be consistent with the public interest.
(b) Inapplicability of Certain Provisions- Any provision of law that
would otherwise prohibit or restrict the procurement of, or the expenditure
of funds for the procurement of, an item under subsection (a) shall
not apply to the procurement of the item.
SEC. 10. WAIVER OF RESTRICTIONS ON WATER TESTING OF OIL SPILL RESPONSE
CAPABILITIES.
Notwithstanding any other provision of law, the Administrator of the
Environmental Protection Agency, in consultation with the Administrator
of the National Oceanic and Atmospheric Administration, the Secretary
of the Interior, and other appropriate Federal, State, and local authorities,
may waive any restriction under this Act, an amendment made by this
Act, or any other provision of law that prevents or restricts the testing,
in the navigable waters or in any other area under the jurisdiction
of the United States, of oil spill response capabilities of the United
States.
SEC. 11. FUNDING FOR RESCUE, REHABILITATION, AND RECOVERY OF MARINE
SPECIES.
Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is amended
by adding at the end the following:
`(e) Rescue, Rehabilitation, and Recovery of Marine Species- Amounts
in the Fund shall be available to the Administrator of the National
Oceanic and Atmospheric Administration, without further appropriation
or fiscal year limitation, to sustain nationwide rescue, rehabilitation,
and recovery capabilities for marine mammals, marine birds, and sea
turtles injured by oil pollution, in an amount not to exceed $20,000,000
annually.'.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act and the
amendments made by this Act such sums as are necessary.
END
