II 111th CONGRESS 1st Session S. 1564 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.

1.

Short title

This Act may be cited as the Arctic Oil Spill Research and Prevention Act of 2009.

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.

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.

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.

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.

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).

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.

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.