[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 395 Enrolled Bill (ENR)]

        S.395

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
To authorize and direct the Secretary of Energy to sell the Alaska Power 
Administration, and to authorize the export of Alaska North Slope crude 
                      oil, and for other purposes.

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

    TITLE I--ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power Administration Asset 
Sale and Termination Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title:
        (1) The term ``Eklutna'' means the Eklutna Hydroelectric 
    Project and related assets as described in section 4 and Exhibit A 
    of the Eklutna Purchase Agreement.
        (2) The term ``Eklutna Purchase Agreement'' means the August 2, 
    1989, Eklutna Purchase Agreement between the Alaska Power 
    Administration of the Department of Energy and the Eklutna 
    Purchasers, together with any amendments thereto adopted before the 
    enactment of this section.
        (3) The term ``Eklutna Purchasers'' means the Municipality of 
    Anchorage doing business as Municipal Light and Power, the Chugach 
    Electric Association, Inc. and the Matanuska Electric Association, 
    Inc.
        (4) The term ``Snettisham'' means the Snettisham Hydroelectric 
    Project and related assets as described in section 4 and Exhibit A 
    of the Snettisham Purchase Agreement.
        (5) The term ``Snettisham Purchase Agreement'' means the 
    February 10, 1989, Snettisham Purchase Agreement between the Alaska 
    Power Administration of the Department of Energy and the Alaska 
    Power Authority and its successors in interest, together with any 
    amendments thereto adopted before the enactment of this section.
        (6) The term ``Snettisham Purchaser'' means the Alaska 
    Industrial Development and Export Authority or a successor State 
    agency or authority.
    SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.
    (a) Sale of Eklutna.--The Secretary of Energy is authorized and 
directed to sell Eklutna to the Eklutna Purchasers in accordance with 
the terms of this Act and the Eklutna Purchase Agreement.
    (b) Sale of Snettisham.--The Secretary of Energy is authorized and 
directed to sell Snettisham to the Snettisham Purchaser in accordance 
with the terms of this Act and the Snettisham Purchase Agreement.
    (c) Cooperation of Other Agencies.--The heads of other Federal 
departments, agencies, and instrumentalities of the United States shall 
assist the Secretary of Energy in implementing the sales and 
conveyances authorized and directed by this title.
    (d) Proceeds.--Proceeds from the sales required by this title shall 
be deposited in the Treasury of the United States to the credit of 
miscellaneous receipts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to prepare, survey, and 
acquire Eklutna and Snettisham for sale and conveyance. Such 
preparations and acquisitions shall provide sufficient title to ensure 
the beneficial use, enjoyment, and occupancy by the purchasers.
    (f) Contributed Funds.--Notwithstanding any other provision of law, 
the Alaska Power Administration is authorized to receive, administer, 
and expend such contributed funds as may be provided by the Eklutna 
Purchasers or customers or the Snettisham Purchaser or customers for 
the purposes of upgrading, improving, maintaining, or administering 
Eklutna or Snettisham. Upon the termination of the Alaska Power 
Administration under section 104(f), the Secretary of Energy shall 
administer and expend any remaining balances of such contributed funds 
for the purposes intended by the contributors.

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

    (a) Federal Power Act.--(1) After the sales authorized by this Act 
occur, Eklutna and Snettisham, including future modifications, shall 
continue to be exempt from the requirements of Part I of the Federal 
Power Act (16 U.S.C. 791a et seq.), except as provided in subsection 
(b).
    (2) The exemption provided by paragraph (1) shall not affect the 
Memorandum of Agreement entered into among the State of Alaska, the 
Eklutna Purchasers, the Alaska Energy Authority, and Federal fish and 
wildlife agencies regarding the protection, mitigation of, damages to, 
and enhancement of fish and wildlife, dated August 7, 1991, which 
remains in full force and effect.
    (3) Nothing in this title or the Federal Power Act preempts the 
State of Alaska from carrying out the responsibilities and authorities 
of the Memorandum of Agreement.
    (b) Subsequent Transfers.--Except for subsequent assignment of 
interest in Eklutna by the Eklutna Purchasers to the Alaska Electric 
Generation and Transmission Cooperative Inc. pursuant to section 19 of 
the Eklutna Purchase Agreement, upon any subsequent sale or transfer of 
any portion of Eklutna or Snettisham from the Eklutna Purchasers or the 
Snettisham Purchaser to any other person, the exemption set forth in 
paragraph (1) of subsection (a) of this section shall cease to apply to 
such portion.
    (c) Review.--(1) The United States District Court for the District 
of Alaska shall have jurisdiction to review decisions made under the 
Memorandum of Agreement and to enforce the provisions of the Memorandum 
of Agreement, including the remedy of specific performance.
    (2) An action seeking review of a Fish and Wildlife Program 
(``Program'') of the Governor of Alaska under the Memorandum of 
Agreement or challenging actions of any of the parties to the 
Memorandum of Agreement prior to the adoption of the Program shall be 
brought not later than 90 days after the date on which the Program is 
adopted by the Governor of Alaska, or be barred.
    (3) An action seeking review of implementation of the Program shall 
be brought not later than 90 days after the challenged act implementing 
the Program, or be barred.
    (d) Eklutna Lands.--With respect to Eklutna lands described in 
Exhibit A of the Eklutna Purchase Agreement:
        (1) The Secretary of the Interior shall issue rights-of-way to 
    the Alaska Power Administration for subsequent reassignment to the 
    Eklutna Purchasers--
            (A) at no cost to the Eklutna Purchasers;
            (B) to remain effective for a period equal to the life of 
        Eklutna as extended by improvements, repairs, renewals, or 
        replacements; and
            (C) sufficient for the operation of, maintenance of, repair 
        to, and replacement of, and access to, Eklutna facilities 
        located on military lands and lands managed by the Bureau of 
        Land Management, including lands selected by the State of 
        Alaska.
        (2) Fee title to lands at Anchorage Substation shall be 
    transferred to Eklutna Purchasers at no additional cost if the 
    Secretary of the Interior determines that pending claims to, and 
    selections of, those lands are invalid or relinquished.
        (3) With respect to the Eklutna lands identified in paragraph 1 
    of Exhibit A of the Eklutna Purchase Agreement, the State of Alaska 
    may select, and the Secretary of the Interior shall convey to the 
    State, improved lands under the selection entitlements in section 6 
    of the Act of July 7, 1958 (commonly referred to as the Alaska 
    Statehood Act, Public Law 85-508; 72 Stat. 339), and the North 
    Anchorage Land Agreement dated January 31, 1983. This conveyance 
    shall be subject to the rights-of-way provided to the Eklutna 
    Purchasers under paragraph (1).
    (e) Snettisham Lands.--With respect to the Snettisham lands 
identified in paragraph 1 of Exhibit A of the Snettisham Purchase 
Agreement and Public Land Order No. 5108, the State of Alaska may 
select, and the Secretary of the Interior shall convey to the State of 
Alaska, improved lands under the selection entitlements in section 6 of 
the Act of July 7, 1958 (commonly referred to as the Alaska Statehood 
Act, Public Law 85-508; 72 Stat. 339).
    (f) Termination of Alaska Power Administration.--Not later than one 
year after both of the sales authorized in section 103 have occurred, 
as measured by the Transaction Dates stipulated in the Purchase 
Agreements, the Secretary of Energy shall--
        (1) complete the business of, and close out, the Alaska Power 
    Administration;
        (2) submit to Congress a report documenting the sales; and
        (3) return unobligated balances of funds appropriated for the 
    Alaska Power Administration to the Treasury of the United States.
    (g) Repeals.--(1) The Act of July 31, 1950 (64 Stat. 382) is 
repealed effective on the date that Eklutna is conveyed to the Eklutna 
Purchasers.
    (2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193) is 
repealed effective on the date that Snettisham is conveyed to the 
Snettisham Purchaser.
    (3) The Act of August 9, 1955, concerning water resources 
investigation in Alaska (69 Stat. 618), is repealed.
    (h) DOE Organization Act.--As of the later of the two dates 
determined in paragraphs (1) and (2) of subsection (g), section 302(a) 
of the Department of Energy Organization Act (42 U.S.C. 7152(a)) is 
amended--
        (1) in paragraph (1)--
            (A) by striking subparagraph (C); and
            (B) by redesignating subparagraphs (D), (E), and (F) as 
        subparagraphs (C), (D), and (E) respectively; and
        (2) in paragraph (2) by striking out ``and the Alaska Power 
    Administration'' and by inserting ``and'' after ``Southwestern 
    Power Administration,''.
    (i) Disposal.--The sales of Eklutna and Snettisham under this title 
are not considered disposal of Federal surplus property under the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484) or the Act of October 3, 1944, popularly referred to as the 
``Surplus Property Act of 1944'' (50 U.S.C. App. 1622).

SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

    The provisions of this title regarding the sale of the Alaska Power 
Administration's hydroelectric projects under section 103 and the 
exemption of these projects from Part I of the Federal Power Act under 
section 104 do not apply to other Federal hydroelectric projects.

              TITLE II--EXPORTS OF ALASKAN NORTH SLOPE OIL

SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.

    Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by 
amending subsection (s) to read as follows:


                   ``exports of alaskan north slope oil

    ``(s)(1) Subject to paragraphs (2) through (6) of this subsection 
and notwithstanding any other provision of this Act or any other 
provision of law (including any regulation) applicable to the export of 
oil transported by pipeline over right-of-way granted pursuant to 
section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 
1652), such oil may be exported unless the President finds that 
exportation of this oil is not in the national interest. The President 
shall make his national interest determination within five months of 
the date of enactment of this subsection. In evaluating whether exports 
of this oil are in the national interest, the President shall at a 
minimum consider--
        ``(A) whether exports of this oil would diminish the total 
    quantity or quality of petroleum available to the United States;
        ``(B) the results of an appropriate environmental review, 
    including consideration of appropriate measures to mitigate any 
    potential adverse effects of exports of this oil on the 
    environment, which shall be completed within four months of the 
    date of the enactment of this subsection; and
        ``(C) whether exports of this oil are likely to cause sustained 
    material oil supply shortages or sustained oil prices significantly 
    above world market levels that would cause sustained material 
    adverse employment effects in the United States or that would cause 
    substantial harm to consumers, including noncontiguous States and 
    Pacific territories.
If the President determines that exports of this oil are in the 
national interest, he may impose such terms and conditions (other than 
a volume limitation) as are necessary or appropriate to ensure that 
such exports are consistent with the national interest.
    ``(2) Except in the case of oil exported to a country with which 
the United States entered into a bilateral international oil supply 
agreement before November 26, 1979, or to a country pursuant to the 
International Emergency Oil Sharing Plan of the International Energy 
Agency, any oil transported by pipeline over right-of-way granted 
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act 
(43 U.S.C. 1652) shall, when exported, be transported by a vessel 
documented under the laws of the United States and owned by a citizen 
of the United States (as determined in accordance with section 2 of the 
Shipping Act, 1916 (46 U.S.C. App. 802)).
    ``(3) Nothing in this subsection shall restrict the authority of 
the President under the Constitution, the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies 
Act (50 U.S.C. 1601 et seq.), or Part B of title II of the Energy 
Policy and Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
    ``(4) The Secretary of Commerce shall issue any rules necessary for 
implementation of the President's national interest determination, 
including any licensing requirements and conditions, within 30 days of 
the date of such determination by the President. The Secretary of 
Commerce shall consult with the Secretary of Energy in administering 
the provisions of this subsection.
    ``(5) If the Secretary of Commerce finds that exporting oil under 
authority of this subsection has caused sustained material oil supply 
shortages or sustained oil prices significantly above world market 
levels and further finds that these supply shortages or price increases 
have caused or are likely to cause sustained material adverse 
employment effects in the United States, the Secretary of Commerce, in 
consultation with the Secretary of Energy, shall recommend, and the 
President may take, appropriate action concerning exports of this oil, 
which may include modifying or revoking authority to export such oil.
    ``(6) Administrative action under this subsection is not subject to 
sections 551 and 553 through 559 of title 5, United States Code.''.

SEC. 202. GAO REPORT.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of energy production in California and Alaska and the 
effects of Alaskan North Slope oil exports, if any, on consumers, 
independent refiners, and shipbuilding and ship repair yards on the 
West Coast and in Hawaii. The Comptroller General shall commence this 
review three years after the date of enactment of this Act and, within 
twelve months after commencing the review, shall provide a report to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources and the Committee on Commerce of the House of 
Representatives.
    (b) Contents of Report.--The report shall contain a statement of 
the principal findings of the review and recommendations for Congress 
and the President to address job loss in the shipbuilding and ship 
repair industry on the West Coast, as well as adverse impacts on 
consumers and refiners on the West Coast and in Hawaii, that the 
Comptroller General attributes to Alaska North Slope oil exports.

SEC. 203. GRANT AUTHORITY.

    (a) In General.--The Secretary of Transportation (``Secretary'') 
may make grants to the Multnomah County Tax Supervising and 
Conservation Commission of Multnomah County, Oregon (``Commission'') in 
accordance with this section, not to exceed the amount determined in 
subsection (b)(2).
    (b) Finding and Determination.--Before making any grant under this 
section not earlier than one year after exports of Alaskan North Slope 
oil commence pursuant to section 201, the Secretary shall--
        (1) find on the basis of substantial evidence that such exports 
    are directly or indirectly a substantial contributing factor to the 
    need to levy port district ad valorem taxes under Oregon Revised 
    Statutes section 294.381; and
        (2) determine the amount of such levy attributable to the 
    export of Alaskan North Slope oil.
    (c) Agreement.--Before receiving a grant under this section for the 
relief of port district ad valorem taxes which would otherwise be 
levied under Oregon Revised Statutes section 294.381, the Commission 
shall enter into an agreement with the Secretary to--
        (1) establish a segregated account for the receipt of grant 
    funds;
        (2) deposit and keep grant funds in that account;
        (3) use the funds solely for the purpose of payments in 
    accordance with this subsection, as determined pursuant to Oregon 
    Revised Statutes sections 294.305-565, and computed in accordance 
    with generally accepted accounting principles; and
        (4) terminate such account at the conclusion of payments 
    subject to this subsection and to transfer any amounts, including 
    interest, remaining in such account to the Port of Portland for use 
    in transportation improvements to enhance freight mobility.
    (d) Report.--Within 60 days of issuing a grant under this section, 
the Secretary shall submit any finding and determination made under 
subsection (b), including supporting information, to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out subsection 
(a), $15,000,000 for fiscal year 1997, to remain available until 
October 1, 2003.

      TITLE III--OUTER CONTINENTAL SHELF DEEP WATER ROYALTY RELIEF

SEC. 301. SHORT TITLE.

    This title may be referred to as the ``Outer Continental Shelf Deep 
Water Royalty Relief Act''.
    SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.
    Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(a)(3)), is amended--
        (1) by designating the provisions of paragraph (3) as 
    subparagraph (A) of such paragraph (3); and
        (2) by inserting after subparagraph (A), as so designated, the 
    following:
    ``(B) In the Western and Central Planning Areas of the Gulf of 
Mexico and the portion of the Eastern Planning Area of the Gulf of 
Mexico encompassing whole lease blocks lying west of 87 degrees, 30 
minutes West longitude, the Secretary may, in order to--
        ``(i) promote development or increased production on producing 
    or non-producing leases; or
        ``(ii) encourage production of marginal resources on producing 
    or non-producing leases;
    through primary, secondary, or tertiary recovery means, reduce or 
    eliminate any royalty or net profit share set forth in the 
    lease(s). With the lessee's consent, the Secretary may make other 
    modifications to the royalty or net profit share terms of the lease 
    in order to achieve these purposes.
    ``(C)(i) Notwithstanding the provisions of this Act other than this 
subparagraph, with respect to any lease or unit in existence on the 
date of enactment of the Outer Continental Shelf Deep Water Royalty 
Relief Act meeting the requirements of this subparagraph, no royalty 
payments shall be due on new production, as defined in clause (iv) of 
this subparagraph, from any lease or unit located in water depths of 
200 meters or greater in the Western and Central Planning Areas of the 
Gulf of Mexico, including that portion of the Eastern Planning Area of 
the Gulf of Mexico encompassing whole lease blocks lying west of 87 
degrees, 30 minutes West longitude, until such volume of production as 
determined pursuant to clause (ii) has been produced by the lessee.
    ``(ii) Upon submission of a complete application by the lessee, the 
Secretary shall determine within 180 days of such application whether 
new production from such lease or unit would be economic in the absence 
of the relief from the requirement to pay royalties provided for by 
clause (i) of this subparagraph. In making such determination, the 
Secretary shall consider the increased technological and financial risk 
of deep water development and all costs associated with exploring, 
developing, and producing from the lease. The lessee shall provide 
information required for a complete application to the Secretary prior 
to such determination. The Secretary shall clearly define the 
information required for a complete application under this section. 
Such application may be made on the basis of an individual lease or 
unit. If the Secretary determines that such new production would be 
economic in the absence of the relief from the requirement to pay 
royalties provided for by clause (i) of this subparagraph, the 
provisions of clause (i) shall not apply to such production. If the 
Secretary determines that such new production would not be economic in 
the absence of the relief from the requirement to pay royalties 
provided for by clause (i), the Secretary must determine the volume of 
production from the lease or unit on which no royalties would be due in 
order to make such new production economically viable; except that for 
new production as defined in clause (iv)(I), in no case will that 
volume be less than 17.5 million barrels of oil equivalent in water 
depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 
400-800 meters of water, and 87.5 million barrels of oil equivalent in 
water depths greater than 800 meters. Redetermination of the 
applicability of clause (i) shall be undertaken by the Secretary when 
requested by the lessee prior to the commencement of the new production 
and upon significant change in the factors upon which the original 
determination was made. The Secretary shall make such redetermination 
within 120 days of submission of a complete application. The Secretary 
may extend the time period for making any determination or 
redetermination under this clause for 30 days, or longer if agreed to 
by the applicant, if circumstances so warrant. The lessee shall be 
notified in writing of any determination or redetermination and the 
reasons for and assumptions used for such determination. Any 
determination or redetermination under this clause shall be a final 
agency action. The Secretary's determination or redetermination shall 
be judicially reviewable under section 10(a) of the Administrative 
Procedures Act (5 U.S.C. 702), only for actions filed within 30 days of 
the Secretary's determination or redetermination.
    ``(iii) In the event that the Secretary fails to make the 
determination or redetermination called for in clause (ii) upon 
application by the lessee within the time period, together with any 
extension thereof, provided for by clause (ii), no royalty payments 
shall be due on new production as follows:
        ``(I) For new production, as defined in clause (iv)(I) of this 
    subparagraph, no royalty shall be due on such production according 
    to the schedule of minimum volumes specified in clause (ii) of this 
    subparagraph.
        ``(II) For new production, as defined in clause (iv)(II) of 
    this subparagraph, no royalty shall be due on such production for 
    one year following the start of such production.
    ``(iv) For purposes of this subparagraph, the term `new production' 
is--
        ``(I) any production from a lease from which no royalties are 
    due on production, other than test production, prior to the date of 
    enactment of the Outer Continental Shelf Deep Water Royalty Relief 
    Act; or
        ``(II) any production resulting from lease development 
    activities pursuant to a Development Operations Coordination 
    Document, or supplement thereto that would expand production 
    significantly beyond the level anticipated in the Development 
    Operations Coordination Document, approved by the Secretary after 
    the date of enactment of the Outer Continental Shelf Deep Water 
    Royalty Relief Act.
    ``(v) During the production of volumes determined pursuant to 
clauses (ii) or (iii) of this subparagraph, in any year during which 
the arithmetic average of the closing prices on the New York Mercantile 
Exchange for light sweet crude oil exceeds $28.00 per barrel, any 
production of oil will be subject to royalties at the lease stipulated 
royalty rate. Any production subject to this clause shall be counted 
toward the production volume determined pursuant to clause (ii) or 
(iii). Estimated royalty payments will be made if such average of the 
closing prices for the previous year exceeds $28.00. After the end of 
the calendar year, when the new average price can be calculated, 
lessees will pay any royalties due, with interest but without penalty, 
or can apply for a refund, with interest, of any overpayment.
    ``(vi) During the production of volumes determined pursuant to 
clause (ii) or (iii) of this subparagraph, in any year during which the 
arithmetic average of the closing prices on the New York Mercantile 
Exchange for natural gas exceeds $3.50 per million British thermal 
units, any production of natural gas will be subject to royalties at 
the lease stipulated royalty rate. Any production subject to this 
clause shall be counted toward the production volume determined 
pursuant to clauses (ii) or (iii). Estimated royalty payments will be 
made if such average of the closing prices for the previous year 
exceeds $3.50. After the end of the calendar year, when the new average 
price can be calculated, lessees will pay any royalties due, with 
interest but without penalty, or can apply for a refund, with interest, 
of any overpayment.
    ``(vii) The prices referred to in clauses (v) and (vi) of this 
subparagraph shall be changed during any calendar year after 1994 by 
the percentage, if any, by which the implicit price deflator for the 
gross domestic product changed during the preceding calendar year.''.

SEC. 303. NEW LEASES.

    Section 8(a)(1) of the Outer Continental Shelf Lands Act, as 
amended (43 U.S.C. 1337(a)(1)) is amended--
        (1) by redesignating subparagraph (H) as subparagraph (I);
        (2) by striking ``or'' at the end of subparagraph (G); and
        (3) by inserting after subparagraph (G) the following new 
    subparagraph:
        ``(H) cash bonus bid with royalty at no less than 12 and \1/2\ 
    per centum fixed by the Secretary in amount or value of production 
    saved, removed, or sold, and with suspension of royalties for a 
    period, volume, or value of production determined by the Secretary, 
    which suspensions may vary based on the price of production from 
    the lease; or''.

SEC. 304. LEASE SALES.

    For all tracts located in water depths of 200 meters or greater in 
the Western and Central Planning Area of the Gulf of Mexico, including 
that portion of the Eastern Planning Area of the Gulf of Mexico 
encompassing whole lease blocks lying west of 87 degrees, 30 minutes 
West longitude, any lease sale within five years of the date of 
enactment of this title, shall use the bidding system authorized in 
section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended 
by this title, except that the suspension of royalties shall be set at 
a volume of not less than the following:
        (1) 17.5 million barrels of oil equivalent for leases in water 
    depths of 200 to 400 meters;
        (2) 52.5 million barrels of oil equivalent for leases in 400 to 
    800 meters of water; and
        (3) 87.5 million barrels of oil equivalent for leases in water 
    depths greater than 800 meters.

SEC. 305. REGULATIONS.

    The Secretary shall promulgate such rules and regulations as are 
necessary to implement the provisions of this title within 180 days 
after the enactment of this Act.

SEC. 306. SAVINGS CLAUSE.

    Nothing in this title shall be construed to affect any offshore 
pre-leasing, leasing, or development moratorium, including any 
moratorium applicable to the Eastern Planning Area of the Gulf of 
Mexico located off the Gulf Coast of Florida.

                        TITLE IV--MISCELLANEOUS

SEC. 401. EMERGENCY RESPONSE PLAN.

    (a) In General.--Within 15 months after the date of the enactment 
of this Act, the Commandant of the Coast Guard shall submit a plan to 
Congress on the most cost-effective means of implementing an 
international private-sector tug-of-opportunity system, including a 
coordinated system of communication, using existing towing vessels to 
provide timely emergency response to a vessel in distress transiting 
the waters within the boundaries of the Olympic Coast National Marine 
Sanctuary or the Strait of Juan de Fuca.
    (b) Coordination.--In carrying out this section, the Commandant, in 
consultation with the Secretaries of State and Transportation, shall 
coordinate with the Canadian Government and the United States and 
Canadian maritime industries.
    (c) Access to Information.--If necessary, the Commandant shall 
allow United States nonprofit maritime organizations access to United 
States Coast Guard radar imagery and transponder information to 
identify and deploy towing vessels for the purpose of facilitating 
emergency response.
    (d) Towing Vessel Defined.--For the purpose of this section, the 
term ``towing vessel'' has the meaning given that term by section 
2101(40) of title 46, United States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.