Short title

This Act may be cited as the

Delaware River Protection Act of 2005

Requirement to notify Coast Guard of release of objects into the navigable waters of the United States

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following:

15.

Requirement to notify Coast Guard of release of objects into the navigable waters of the United States

(a)

Requirement

As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release. (b)

Restriction on use of notification

Any notification provided by an individual in accordance with subsection (a) shall not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.

Limits on liability

(a)

Adjustment of liability limits

(1)

Tank vessels

Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended— (A)by redesignating subparagraph (B) as subparagraph (C); (B)by striking subparagraph (A) and inserting the following:

(A)with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only— (i)$1,550 per gross ton for an incident that occurs in 2005; (ii)$1,900 per gross ton for an incident that occurs in 2006; or (iii)$2,250 per gross ton for an incident that occurs in 2007 or in any year thereafter; or (B)with respect to a double-hull vessel (other than any vessel referred to in subparagraph (A))— (i)$1,350 per gross ton for an incident that occurs in 2005; (ii)$1,500 per gross ton for an incident that occurs in 2006; and (iii)$1,700 per gross ton for any incident that occurs in 2007 or in any year thereafter; or

; and

(C)in subparagraph (C), as redesignated by subparagraph (A) of this paragraph— (i)in clause (i) by striking $10,000,000 and inserting $14,000,000; and (ii)in clause (ii) by striking $2,000,000 and inserting $2,500,000. (2)

Limitation on application

In the case of an incident occurring before the date of the enactment of this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before the effective date of this subsection. (b)

Adjustment to reflect consumer price index

Section 1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to read as follows:

(4)

Adjustment to reflect consumer price index

The President shall, by regulations issued no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005 and no less than every 3 years thereafter, adjust the limits on liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.

Requirement to update Philadelphia Area Contingency Plan

The Philadelphia Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 months after the date of the enactment of this Act and not less than annually thereafter, review and revise the Philadelphia Area Contingency Plan to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by Federal and State surveys.

Submerged oil removal

(a)

Amendments

Title VII of the Oil Pollution Act of 1990 is amended— (1)in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by striking RIVERA, and inserting RIVERA and the T/V ATHOS I;; and (2)by adding at the end the following:

7002.

Submerged oil program

(a)

Program

(1)

Establishment

The Undersecretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil. Such program shall include the following elements: (A)The development of methods to remove, disperse or otherwise diminish the persistence of submerged oil. (B)The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil. (C)The development of techniques to detect and monitor submerged oil. (2)

Report

The Secretary of Commerce shall, no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection. (3)

Funding

There is authorized to be appropriated to the Secretary of Commerce $1,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. (b)

Demonstration project

(1)

Removal of submerged oil

The Commandant of the Coast Guard, in conjunction with the Undersecretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. (2)

Funding

There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.

(b)

Clerical amendment

The table of sections in section 2 of such Act is amended by inserting after the item relating to section 7001 the following:

Sec. 7002. Submerged oil program

Delaware River and Bay Oil Spill Advisory Committee

(a)

Establishment

There is established the Delaware River and Bay Oil Spill Advisory Committee (in this section referred to as the Committee). (b)

Functions

(1)

In general

The Committee shall, by not later than 1 year after the date the Commandant of the Coast Guard (in this section referred to as the Commandant) completes appointment of the members of the Committee, make recommendations to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay. (2)

Meetings

The Committee— (A)shall hold its first meeting not later than 60 days after the completion of the appointment of the members of the Committee; and (B)shall meet thereafter at the call of the Chairman. (c)

Membership

The Committee shall consist of 15 members who have particular expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels in the Delaware River and Delaware Bay, as follows: (1)Three members who are employed by port authorities that oversee operations on the Delaware River or have been selected to represent these entities, of whom— (A)one member must be an employee or representative of the Port of Wilmington; (B)one member must be an employee or representative of the South Jersey Port Corporation; and (C)one member must be an employee or representative of the Philadelphia Regional Port Authority. (2)Two members who represent organizations that operate tugs or barges that utilize the port facilities on the Delaware River and Delaware Bay. (3)Two members who represent shipping companies that transport cargo by vessel from ports on the Delaware River and Delaware Bay. (4)Two members who represent operators of oil refineries on the Delaware River and Delaware Bay. (5)Two members who represent environmental and conservation interests. (6)Two members who represent State-licensed pilots who work on the Delaware River and Delaware Bay. (7)One member who represents labor organizations that load and unload cargo at ports on the Delaware River and Delaware Bay. (8)One member who represents the general public. (d)

Appointment of members

The Commandant shall appoint the members of the Committee, after soliciting nominations by notice published in the Federal Register. (e)

Chairman and vice chairman

The Committee shall elect, by majority vote at its first meeting, one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence of or incapacity of the Chairman, or in the event of vacancy in the Office of the Chairman. (f)

Pay and expenses

(1)

Prohibition on pay

Members of the Committee who are not officers or employees of the United States shall serve without pay. Members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee. (2)

Expenses

While away from their homes or regular places of business, members of the Committee may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (g)

Termination

The Committee shall terminate one year after the completion of the appointment of the members of the Committee.

Maritime fire and safety activities

The Maritime Transportation Security Act of 2002 (Public Law 107–295) is amended— (1)in section 407— (A)in the heading by striking

Lower Columbia River

; and (B)by striking $987,400 and inserting $1,500,000; and (2)in the table of contents in section 1(b) by striking the item relating to section 407 and inserting the following:

Sec. 407. Maritime fire and safety activities