[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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