Short title

This Act may be cited as the

Arctic Marine Shipping Assessment Implementation Act of 2009

Findings

Congress finds the following: (1)The United States is an Arctic nation with— (A)an approximately 700-mile border with the Arctic Ocean; (B)more than 100,000,000 acres of land above the Arctic Circle; and (C)an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2)The Arctic region of the United States— (A)is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region; (B)is known to the indigenous population as Inuvikput or the place where we live; and (C)has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States. (3)Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4)The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5)Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6)Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7)It is in the interests of the United States to work with the State of Alaska and the United States neighbors in the Arctic region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (8)It is in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, that United States sovereign and security interests, including the freedom of navigation rights of United States and foreign vessels to transit international straits, are respected and protected, consistent with international and customary law, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (9)It is in the interests of the United States to cooperate to establish a system of international cooperation to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel-to-shore communication, weather and ice forecasting, ship tracking and reporting, hydrographic mapping, and search and rescue capability. (10)The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of polar class icebreakers of the Coast Guard that were commissioned in the 1970s and are in need of replacement. (11)Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf, pending the United States becoming a party to the United Nations Convention on the Law of the Sea, done at Montego Bay December 10, 1982. (12)Building new icebreakers, forward operating bases, aids to navigation, and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation requires long lead times. (13)Beginning such efforts, with the completion of an Arctic Marine Shipping Assessment by the 8-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations.

Purpose

The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic.

Definitions

In this Act, the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

Sense of Congress on international agreements

It is the sense of Congress that, to carry out the purpose of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to— (1)placement and maintenance of aids to navigation in waters of the Arctic; (2)improved navigational charts; (3)the monitoring of ocean conditions including wind, waves, and currents and the timely reporting of information about ice and weather conditions; (4)appropriate icebreaking escort, tug, and salvage capabilities; (5)oil spill prevention and response capability; (6)maritime domain awareness, including long-range vessel tracking and communications facilities; (7)search and rescue; and (8)facilities for ship generated waste.

Coast Guard Arctic mission analysis

(a)

Submission of report analysis to Congress

(1)

Requirement for submission

Not later than 90 days following the completion of the High Latitude Polar Ice-Breaking Mission Analysis Report, the Commandant of the Coast Guard shall submit to the appropriate committees of Congress— (A)such report; and (B)consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such report. (2)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b)

Mission requirements analysis

(1)

Mission requirements analysis

Not later than 90 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall, subject to the availability of appropriations, execute a contract with an independent entity to— (A)conduct an analysis of future mission requirements of the Coast Guard in the Arctic and Antarctic; and (B)estimate the necessary resources to provide for such requirements. (2)

Submission of analysis and estimate

Not later than 120 days after the date that the contract described in paragraph (1) is executed, the analysis and estimate described in subparagraph (A) and (B) of that paragraph shall be submitted to— (A)the appropriate committees of Congress; (B)the Commandant of the Coast Guard; and (C)the Comptroller General of the United States. (3)

Additional recommendations

Not later than 90 days after the submission of the analysis and estimate described in paragraph (2)— (A)the Commandant of the Coast Guard shall submit to the appropriate committees of Congress, consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such analysis and estimate; and (B)the Comptroller General shall submit to the appropriate committees of Congress any recommendations of the Comptroller General related to such analysis and estimate. (4)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means— (A)the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B)the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives.

Arctic vessel traffic risk assessments

(a)

In general

Pursuant to sections 4 and 5 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant of the Coast Guard, in consultation with the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall prepare— (1)not later than 2 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Bering Strait, Alaska; and (2)not later than 3 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Arctic Ocean waters adjacent to Alaska’s North Slope. (b)

Contents

A vessel traffic risk assessment, prepared pursuant to subsection (a), shall describe for the Bering Strait or the Arctic Ocean, as appropriate— (1)the amount and character of present and estimated future shipping traffic in the region; and (2)the current and projected use and effectiveness in reducing risk of— (A)traffic separation schemes and routing measures; (B)long-range vessel tracking systems developed under section 70115 of title 46, United States Code; (C)towing, response, or escort tugs; (D)vessel traffic services; (E)emergency towing packages on vessels; (F)increased spill response equipment including equipment appropriate for severe weather and sea conditions; (G)the automatic identification system developed under section 70114 of title 46, United States Code; (H)particularly sensitive sea areas, important ecological areas, areas to be avoided, and other traffic exclusion zones; (I)aids to navigation; (J)vessel response plans, facility response plans, any other response plans that the Secretary deems necessary; and (K)area contingency plans and the effectiveness of the several response plans to support an area contingency plans. (c)

Recommendations

(1)

In general

An assessment, prepared pursuant to this section, may include any appropriate recommendations to enhance the safety and security, or lessen potential adverse environmental impacts, of marine shipping. (2)

Consultation

Prior to making any recommendation described in paragraph (1), the Commandant of the Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, State, and local government agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation industries.

Central Bering Sea harbor of refuge

(a)

Consultation and determination

Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall consult with the Secretary of the Army to determine the viability of and the improvements necessary to make the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. (b)

Completion of harbor

Not later than 3 years after the date of the enactment of this Act, the Secretary of the Army shall complete the harbor at St. George Island, Alaska, including the improvements determined under subsection (a) and any engineering design needed for safe navigation.

Report on establishment of Arctic deep water port

(a)

Study

(1)

In general

The Commandant of the Coast Guard shall conduct a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance strategic United States interests within the evolving and ever more important Arctic region. (2)

Scope

The study required under paragraph (1) shall address the following issues: (A)The capability that such a port would provide. (B)Potential and optimum locations for such a port. (C)Resources needed to establish such a port. (D)The time frame needed to establish such a port. (E)The infrastructure required to support such a port. (F)Any other issues the Secretary determines necessary to complete the study. (b)

Report

Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a).

10.

Transfer of funds for icebreaking services

Notwithstanding any other provision of law, the Director of the National Science Foundation shall transfer all amounts provided pursuant to any Act for the procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, and such amounts shall remain available until expended for operating expenses, renovation, and improvement.

11.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to the Secretary of Homeland Security— (1)$40,000,000 in fiscal year 2011 for the design of a new polar class icebreaker; (2)$800,000,000 for each of fiscal years 2011 and 2012 for the construction of 2 polar capable icebreakers; (3)$5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; (4)$10,000,000 for each of fiscal years 2012 through 2015 to carry out any agreements referred to in section 5; (5)$4,000,000, to remain available until expended, for a vessel traffic risk assessments to be conducted pursuant to section 7; and (6)$100,000,000 in each of the fiscal years 2011 through 2013 for the construction of forward operating bases, including aircraft hangar, bunk and mess facilities in Barrow, Nome, and Saint Paul Island, Alaska. (b)

Hydrographic services

Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding at the end the following new paragraphs:

(7)To acquire hydrographic data, provide hydrographic services, and conduct coastal change analyses necessary to ensure safe navigation, and to improve the management of coastal change in the Arctic, $10,000,000 for each of fiscal years 2011 and 2012. (8)To acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended continental shelf, $5,000,000 for each of fiscal years 2011 and 2012.