1.This Act may be cited as
the Responsible Arctic Energy
Development Act of 2010
.
2.Congress finds that—
(1)Alaska is the
only Arctic State in the United States;
(2)Alaska
contributes 17 percent of the oil production of the United States, and the
Arctic region of the State of Alaska is believed to hold considerable reserves
of oil and natural gas needed for the future energy security of the United
States;
(3)the marine
mammals and other fish and wildlife resources of the Arctic are—
(A)critical to meet
the subsistence needs of indigenous residents of Alaska;
(B)a source of
significant nonconsumptive use and nonuse value to the United States;
and
(C)vulnerable to the
impacts of oil and gas exploration and production;
(4)the Arctic and
the natural resources of the Arctic are particularly vulnerable to the impacts
of oil spills due to the uniqueness of and limited access to the region,
including—
(A)remote location
that makes oil spill emergency response capabilities slower and more
difficult;
(B)cold temperatures
and ice cover that slow the natural degradation and dissipation of spilled oil;
and
(C)increased
susceptibility of Arctic wildlife that are highly dependent on insulation,
which would be greatly decreased by oil cover;
(5)Alaska lacks the
essential geospatial framework for safe navigation, accident prevention, and
oil spill response capabilities that are available to the rest of the United
States;
(6)existing Federal
research and science advisory programs focused on the environmental and
socioeconomic impacts of oil and gas development in the Arctic would benefit
from—
(A)a more cohesive,
coordinated, and integrated approach; and
(B)better
coordination with State, local, and private-sector Arctic research programs;
and
(7)oil spill from
the mobile offshore drilling unit Deepwater Horizon in the Gulf of Mexico has
highlighted the need for stronger oil spill prevention and response research
and planning for future development on the outer Continental Shelf of the
United States.
3.Research and
action to conduct oil spill prevention
(a)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 ability of the United States to conduct oil spill
prevention, response, and recovery in Arctic waters.
(b)Research
and action under this section 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)the development
of oil spill trajectory models in Arctic marine conditions;
(D)the collection of
observational data essential for response strategies in the event of an oil
spill during both open water and ice-covered seasons, including data relating
to oil spill trajectory models that include data on—
(i)currents;
(ii)winds;
(iii)weather;
(iv)waves;
and
(v)ice
forecasting;
(E)the development
of a robust operational monitoring program during the open water and
ice-covered seasons;
(F)improvements in
technologies and understanding of cold water oil recovery and restoration;
and
(G)the integration
of local and traditional knowledge into oil recovery research studies;
and
(2)to establish a
robust geospatial framework for safe navigation and oil spill response through
increased—
(A)hydrographic and
bathymetric surveying, mapping, and navigational charting;
(B)geodetic
positioning; and
(C)monitoring of
tides, sea levels, and currents in the Arctic.
4.Arctic oil and
gas development
(a)Title VI of the Oil Pollution Act of 1990 is amended by
inserting after section 6002 (33 U.S.C. 2752) the following:
6003.Arctic oil
and gas developmentThe
Administrator of the National Oceanic and Atmospheric Administration and the
Commandant of the Coast Guard, in consultation with the Secretary of the
Department of Interior when applicable, shall use amounts made available under
the Responsible Arctic Energy Development Act
of 2010 to carry out research and related activities in advance
of energy exploration and production and related activities in the Arctic,
including—
(1)research into oil
spill prevention and response in varying Arctic ice conditions (including pack
ice, broken ice, and landfast ice);
(2)establishment of
oil spill response capabilities in the Arctic, including oiled wildlife
response capabilities;
(3)research into the
effectiveness of oil spill response strategies, such as—
(A)the use and
application of dispersants (including research on toxicity of dispersants) in
Arctic conditions;
(B)the impacts of
dispersed oil in the water column and benthic habitats and sediments;
(C)the black carbon
impacts of in-situ burning;
(D)the effects of
mechanical oil removal methods on benthic habitats;
(E)the impacts of
spill response strategies on the Arctic food web;
(F)identification of
options for restoration of natural resources in the event of an Arctic oil
spill, including development of oiled wildlife response strategies for large
mammals;
(G)scientific
assessment of and research into effects of oil on biota that depend on ice
habitats;
(H)the locating and
tracking of oil on the surface and in the water column, under Arctic
conditions, using acoustic and remote sensing technology; and
(I)the weathering
and persistence of spilled oil in the Arctic environment;
(4)a comprehensive
scientific gap analysis to determine future research and ocean observation
needs for the safe and responsible development of Arctic energy;
(5)scientific
assessment of and research into Arctic species, such as whales, ice seals,
walrus, polar bears, and fishery resources, including the economic and social
importance of those resources and the documentation of local and traditional
knowledge about those species;
(6)monitoring and
research authorized under existing Alaska Native organization marine mammal
comanagement agreements;
(7)Environmental
Sensitivity Index or digital database mapping of the Arctic coast and Bering
Strait regions;
(8)research into
Arctic ocean current and wind trajectories, changing ice pack conditions, and
ongoing monitoring and observing of ocean conditions;
(9)marine debris
research and removal projects and activities; and
(10)adherence to
data management standards established by the Integrated Ocean Observing System
for ocean data
variables.
.
(b)The table of contents of the Oil Pollution Act of 1990
(33 U.S.C. prec. 2701) is amended by striking the item relating to section 6003
and inserting the following:
Sec. 6003. Arctic oil and gas
development.
.
5.Arctic maritime
readiness and oil spill prevention
(a)The Commandant of the
Coast Guard shall assess and take action to reduce the risk and improve the
capability of the United States to respond to a maritime disaster in the United
States Beaufort and Chukchi Seas.
(b)The assessment and
actions referred to in subsection (a) shall include the prioritization of
resources to address—
(1)oil spill
prevention and response capabilities and infrastructure;
(2)the coordination
of 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)the expansion of
search and rescue capabilities, infrastructure, and logistics, including
improvements of the Search and Rescue Optimal Planning System;
(4)the provisional
designation of places of refuge;
(5)the evaluation
and enhancement of navigational infrastructure;
(6)the evaluation
and enhancement of vessel monitoring, tracking, and automated identification
systems and navigational aids and communications infrastructure for safe
navigation and marine accident prevention in the Arctic;
(7)shipping traffic
risk assessments for the Bering Strait and the Chukchi and Beaufort Seas;
and
(8)the integration
of local and traditional knowledge and concerns into prevention and response
strategies.
6.Federal oil
pollution research and development program
(a)Interagency
coordinating committee on oil pollution researchSection 7001 of
the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
(1)in subsection
(a), by adding at the end the following:
(5)
(A)There shall be 2 Vice Chairmen of the Interagency
Committee, of whom—
(i)the Administrator
of the National Oceanic and Atmospheric Administration shall serve as the Vice
Chairman for Marine Science Research; and
(ii)the
Administrator of the Environmental Protection Agency shall serve as the Vice
Chairman for Environmental Science Research.
(B)Each
Vice Chairman shall coordinate Federal oil pollution research carried out by
the agency overseen by the Vice Chairman.
(6)The
Interagency Committee shall—
(A)coordinate
Federal oil pollution research, technology development, and demonstration among
the Federal agencies;
(B)complete a
research assessment on the status of Federal oil pollution prevention and
response capabilities;
(C)develop a Federal
oil pollution research and technology plan, pursuant to subsection (b);
and
(D)with regard to
Arctic waters—
(i)prioritize
resources to address—
(I)ecological
baselines and Environmental Sensitivity Indexes;
(II)identification
of ecologically important areas, critical habitats, and migratory
behaviors;
(III)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 relating to—
- (aa)currents;
- (bb)winds;
- (cc)weather;
- (dd)waves;
- (ee)oil spill
monitoring; and
- (ff)ice
forecasting;
(IV)development of a
robust operational monitoring program during the open water and ice-covered
seasons;
(V)improvements in
technologies and understanding of cold water oil recovery and restoration;
and
(VI)the integration
of local and traditional knowledge into oil recovery research studies;
and
(ii)conduct
hydrographic and bathymetric surveys and improve navigational charting of
Arctic waters.
;
and
(2)in subsection
(b)—
(A)in paragraph (1),
by striking Within 180 days after the date of enactment of this
Act
and inserting Not later than January 1, 2010, and biennially
thereafter
; and
(B)in paragraph (2),
by striking Department of Transportation
and inserting
Department of Homeland Security
.
7.
(a)Requirement for
risk assessment
(1)Not later than 120 days after the date of the enactment
of this Act, the Interagency Coordinating Committee on Oil Pollution Research
shall request the National Research Council to conduct a risk
assessment—
(A)to identify and
evaluate spill prevention and response standards in effect as of that date;
and
(B)to develop
recommendations that will enhance safety and lessen the potential adverse
environmental impacts of industrial activities in Arctic waters.
(2)The
assessment under subsection (a) 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)Submission to
committee, CongressThe National Research Council shall
concurrently submit the risk assessment described in subsection (a) to—
(1)the Interagency
Coordinating Committee on Oil Pollution Research;
(2)the Committee on
Commerce, Science, and Transportation of the Senate; and
(3)the Committee on
Transportation and Infrastructure of the House of Representatives.
8.Exemption of oil
pollution research and development projects from environmental impact statement
requirement
(a)Notwithstanding any other provision of law, testing of
oil spill prevention, response, or mitigation technology for use in Arctic
waters shall not constitute a major Federal action for the purposes of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), on the condition that the Secretary of Homeland Security, the
Administrator of the Environmental Protection Agency, and the Secretary of
Commerce unanimously find that—
(1)the testing is
necessary to advance that technology;
(2)no reasonable
alternative to the testing is available; and
(3)the testing does
not represent a serious threat to the environment.
(b)Any action of Federal officers pursuant to this section,
or any action relating to such an action, shall not be subject to judicial
review.
9.Procurement of
response materials
(a)The procurement of an
item for the purpose of oil pollution prevention, mitigation, response, or
cleanup, or for the research, testing, or development of such capacity, shall
be considered, regardless of the origin of the item, to be consistent with the
public interest.
(b)Inapplicability
of certain provisionsAny
provision of law that would otherwise prohibit or restrict the procurement of,
or the expenditure of funds for the procurement of, an item under subsection
(a) shall not apply to the procurement of the item.
10.Waiver of
restrictions on water testing of oil spill response capabilitiesNotwithstanding any other provision of law,
the Administrator of the Environmental Protection Agency, in consultation with
the Administrator of the National Oceanic and Atmospheric Administration, the
Secretary of the Interior, and other appropriate Federal, State, and local
authorities, may waive any restriction under this Act, an amendment made by
this Act, or any other provision of law that prevents or restricts the testing,
in the navigable waters or in any other area under the jurisdiction of the
United States, of oil spill response capabilities of the United States.
11.Funding for
rescue, rehabilitation, and recovery of marine speciesSection 5006 of the Oil Pollution Act of
1990 (33 U.S.C. 2736) is amended by adding at the end the following:
(e)Rescue,
rehabilitation, and recovery of marine speciesAmounts in the
Fund shall be available to the Administrator of the National Oceanic and
Atmospheric Administration, without further appropriation or fiscal year
limitation, to sustain nationwide rescue, rehabilitation, and recovery
capabilities for marine mammals, marine birds, and sea turtles injured by oil
pollution, in an amount not to exceed $20,000,000
annually.
.
12.Authorization
of appropriationsThere are
authorized to be appropriated to carry out this Act and the amendments made by
this Act such sums as are necessary.