[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1564 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1564
To enhance the readiness of the United States to deal with increased
maritime and development activity in the Arctic as a result of climate
change, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2009
Mr. Begich introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To enhance the readiness of the United States to deal with increased
maritime and development activity in the Arctic as a result of climate
change, 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 ``Arctic Oil Spill Research and
Prevention Act of 2009''.
SEC. 2. 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) The dynamic and harsh conditions of working in the
Arctic Ocean could significantly increase the risk of a
maritime accident.
(8) The environmental effects of Arctic oil development
require continued study and technological improvement, and oil
spill response assets in the United States Arctic are minimal.
(9) Research into the recovery of oil in Arctic waters is
essential to United States environmental preparedness and
maritime security.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to enhance the readiness of the United States to
respond to a maritime accident in the Arctic;
(2) to enhance the understanding of the behavior of oil in
cold water and ice; and
(3) to advance the science, technology, and response
capabilities of preventing, treating, and recovering oil
spilled in the Arctic waters.
SEC. 4. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.
The Commandant of the Coast Guard shall assess and take action to
reduce the risk and improve the United States capability to respond to
a maritime disaster in the United States Beaufort and Chukchi Sea. Such
assessment and actions shall include the prioritization of resources to
address--
(1) oil spill response capabilities and infrastructure,
including oil spill trajectory models;
(2) coordinating 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) expansion of search and rescue capabilities,
infrastructure, and logistics, including improvements of the
Search and Rescue Optimal Planning System (SAROPS);
(4) provisional designation of ports and harbors of refuge;
(5) evaluation and enhancement of navigational
infrastructure;
(6) evaluation and enhancement of vessel monitoring and
communications infrastructure; and
(7) integration of local and traditional knowledge and
concerns into prevention and response strategies.
SEC. 5. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.
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 United States ability to conduct oil spill
prevention, response, and recovery in Arctic waters. Such research and
action shall include the prioritization of resources--
(1) to address--
(A) ecological baselines and Environmental
Sensitivity Indexes;
(B) identification of ecological important areas,
critical habitats, and migratory behaviors;
(C) 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
related to currents, winds, weather, waves,
environmental spill monitoring, and ice forecasting;
(D) development of a robust operational monitoring
program during the open water and ice-covered seasons;
(E) improvements in technologies and understanding
of cold water oil recovery and restoration; and
(F) the integration of local and traditional
knowledge into oil recovery research studies; and
(2) to conduct hydrographic and bathymetric surveys and
improve navigational charting of Arctic waters.
SEC. 6. RISK ASSESSMENT.
(a) Requirement for Risk Assessment.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Commerce shall
request that the National Research Council conduct a risk assessment to
identify and evaluate existing spill prevention and response standards
and develop recommendations that will enhance safety and lessen the
potential adverse environmental impacts of industrial activities in
Arctic waters. Such assessment 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) Consultation.--The Secretary of Commerce shall consult with the
Commandant of the Coast Guard, the Administrator of the Environmental
Protection Agency, the Director of the Minerals Management Service, and
the Director of the United States Fish and Wildlife Service in
preparing the specifications for the risk assessment described in
subsection (a).
(c) Submission to Congress.--The National Research Council shall
submit to Congress the risk assessment described in subsection (a).
SEC. 7. FUNDING FOR ARCTIC OIL SPILL RESEARCH AND DEVELOPMENT.
(a) Oil Pollution Act of 1990.--Section 7001 of the Oil Pollution
Act of 1990 (33 U.S.C. 2761) is amended--
(1) in subsection (f)--
(A) in the first sentence, by striking ``Not'' and
inserting ``In addition to the amounts made available
pursuant to subsection (g), not''; and
(B) in the flush text following paragraph (2), by
striking ``All'' and inserting ``Except for those
activities authorized in subsection (g),''; and
(2) by adding at the end the following new subsection:
``(g) Arctic Oil Spill Research and Development.--Not to exceed
$8,150,000 of amounts in the Fund shall be available annually for
Arctic oil spill research and development for fiscal years 2010, 2011,
2012, 2013, and 2014. Of such sums--
``(1) $2,150,000 annually shall be available to the Coast
Guard, of which $150,000 annually shall be available to Coast
Guard for the expenses of the Interagency Coordinating
Committee in Oil Pollution Research with regard to activities
associated with Arctic oil spill research and development;
``(2) $2,000,000 annually shall be available to the
National Oceanic and Atmospheric Administration;
``(3) $2,000,000 annually shall be available to the
Environmental Protection Agency; and
``(4) $2,000,000 annually shall be available to the
Minerals Management Service.''.
(b) Conforming Amendment.--Section 1012(a)(5)(C) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(C)) is amended by striking
``$27,250,000'' and inserting ``$35,400,000''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 2011
through 2015 to carry out this Act--
(1) to the Secretary of the department in which the Coast
Guard is operating, $15,000,000 for infrastructure and
operational activities; and
(2) to the Secretary of Commerce, $15,000,000.
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