[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3597 Reported in Senate (RS)]

                                                       Calendar No. 713
111th CONGRESS
  2d Session
                                S. 3597

    To improve the ability of the National Oceanic and Atmospheric 
Administration, the Coast Guard, and coastal States to sustain healthy 
   ocean and coastal ecosystems by maintaining and sustaining their 
capabilities relating to oil spill preparedness, prevention, response, 
           restoration, and research, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

Mr. Rockefeller (for himself and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                           December 17, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
    To improve the ability of the National Oceanic and Atmospheric 
Administration, the Coast Guard, and coastal States to sustain healthy 
   ocean and coastal ecosystems by maintaining and sustaining their 
capabilities relating to oil spill preparedness, prevention, response, 
           restoration, and research, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Securing 
Health for Ocean Resources and Environment Act'' or the ``SHORE 
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
 <DELETED>TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL 
              SPILL RESPONSE, CONTAINMENT, AND PREVENTION

<DELETED>Sec. 101. Improvements to National Oceanic and Atmospheric 
                            Administration oil spill response, 
                            containment, and prevention.
<DELETED>Sec. 102. Use of Oil Spill Liability Trust Fund for expenses 
                            of National Oceanic and Atmospheric 
                            Administration.
<DELETED>Sec. 103. Investment of amounts in Damage Assessment and 
                            Restoration Revolving Fund in interest-
                            bearing obligations.
<DELETED>Sec. 104. Strengthening coastal State oil spill planning and 
                            response.
<DELETED>Sec. 105. Gulf of Mexico long-term marine environmental 
                            monitoring and research program.
<DELETED>Sec. 106. Arctic research and action to conduct oil spill 
                            prevention.
   <DELETED>TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION 
                                CAPACITY

<DELETED>Sec. 201. Secretary defined.
<DELETED>Sec. 202. Arctic maritime readiness and oil spill prevention.
<DELETED>Sec. 203. Response plan update requirement.
<DELETED>Sec. 204. Advance planning and prompt decisionmaking in 
                            closing and reopening fishing grounds.
<DELETED>Sec. 205. Oil spill technology evaluation.
<DELETED>Sec. 206. Coast Guard inspections.
<DELETED>Sec. 207. Certificate of inspection requirements.
<DELETED>Sec. 208. Navigational measures for protection of natural 
                            resources.
<DELETED>Sec. 209. Notice to States of bulk oil transfers.
<DELETED>Sec. 210. Gulf of Mexico Regional Citizens Advisory Council.
<DELETED>Sec. 211. Vessel liability.
<DELETED>Sec. 212. Coast Guard research and development.
<DELETED>Sec. 213. Prompt intergovernmental notice of marine 
                            casualties.
<DELETED>Sec. 214. Prompt publication of oil spill information.
        <DELETED>TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

<DELETED>Sec. 301. Coordination of Federal and State activities with 
                            respect to oil spill surveys.
<DELETED>Sec. 302. Coordination between National Oceanic and 
                            Atmospheric Administration, Coast Guard, 
                            and Department of Interior on oil spill 
                            matters.
<DELETED>Sec. 303. Federal Oil Spill Research Committee.

 <DELETED>TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL 
         SPILL RESPONSE, CONTAINMENT, AND PREVENTION</DELETED>

<DELETED>SEC. 101. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION OIL SPILL RESPONSE, CONTAINMENT, AND 
              PREVENTION.</DELETED>

<DELETED>    (a) Review of Ability of National Oceanic and Atmospheric 
Administration To Respond to Oil Spills.--</DELETED>
        <DELETED>    (1) Comprehensive review required.--Not later than 
        1 year after the date of the enactment of this Act, the Under 
        Secretary for Oceans and Atmosphere shall conduct a 
        comprehensive review of the current capacity of the National 
        Oceanic and Atmospheric Administration to respond to oil 
        spills.</DELETED>
        <DELETED>    (2) Elements.--The review conducted under 
        paragraph (1) shall include the following:</DELETED>
                <DELETED>    (A) A comparison of oil spill modeling 
                requirements with the state-of-the-art oil spill 
                modeling with respect to near shore and offshore 
                areas.</DELETED>
                <DELETED>    (B) Development of recommendations on 
                priorities for improving forecasting of oil spill, 
                trajectories, and impacts.</DELETED>
                <DELETED>    (C) An inventory of the products and tools 
                of the National Oceanic and Atmospheric Administration 
                that can aid in assessment of the potential risk and 
                impacts of oil spills. Such products and tools may 
                include environmental sensitivity index maps, the 
                United States Integrated Ocean Observing System, and 
                oil spill trajectory models.</DELETED>
                <DELETED>    (D) An identification of the baseline 
                oceanographic and climate data required to support 
                state of the art modeling.</DELETED>
                <DELETED>    (E) An assessment of the Administration's 
                ability to respond to the effects of an oil spill on 
                its trust resources, including--</DELETED>
                        <DELETED>    (i) marine sanctuaries, monuments, 
                        and other protected areas; and</DELETED>
                        <DELETED>    (ii) marine mammals, sea turtles, 
                        and other protected species, and efforts to 
                        rehabilitate such species.</DELETED>
        <DELETED>    (3) Report.--Upon completion of the review 
        required by paragraph (1), the Under Secretary shall submit to 
        Congress a report on such review, including the findings of the 
        Under Secretary with respect to such review.</DELETED>
<DELETED>    (b) Oil Spill Trajectory Modeling.--The Under Secretary 
for Oceans and Atmosphere shall be responsible for developing and 
maintaining oil spill trajectory modeling capabilities for the United 
States, including taking such actions as may be required by subsections 
(c) through (g).</DELETED>
<DELETED>    (c) Environmental Sensitivity Index.--</DELETED>
        <DELETED>    (1) Update.--Beginning not later than 180 days 
        after the date of the enactment of this Act and not less 
        frequently than once every 7 years thereafter, the Under 
        Secretary shall update the environmental sensitivity index 
        products of the National Oceanic and Atmospheric Administration 
        for each coastal area of the United States and for each 
        offshore area of the United States that is leased or under 
        consideration for leasing for offshore energy 
        production.</DELETED>
        <DELETED>    (2) Expanded coverage.--Not later than 270 days 
        after the date of the enactment of this Act, the Under 
        Secretary shall, to the maximum extent practicable, create an 
        environmental sensitivity index product for each area described 
        in paragraph (1) for which the National Oceanic and Atmospheric 
        Administration did not have an environmental sensitivity index 
        product on the day before the date of the enactment of this 
        Act.</DELETED>
        <DELETED>    (3) Environmental sensitivity index product 
        defined.--In this subsection, the term ``environmental 
        sensitivity index product'' means a map or similar tool that is 
        utilized to identify sensitive shoreline, coastal or offshore, 
        resources prior to an oil spill event in order to set baseline 
        priorities for protection and plan cleanup strategies, 
        typically including information relating to shoreline type, 
        biological resources, and human use resources.</DELETED>
<DELETED>    (d) Subsea Hydrocarbon Review.--Not later than 120 days 
after the date of the enactment of this Act, the Under Secretary shall 
conduct a comprehensive review of the current state of the National 
Oceanic and Atmospheric Administration to monitor, map, and track 
subsea hydrocarbons, including a review of the effect of subsea 
hydrocarbons and dispersants at varying concentrations on living marine 
resources.</DELETED>
<DELETED>    (e) National Information Center on Oil Spills.--The Under 
Secretary shall establish a national information center on oil spills 
that--</DELETED>
        <DELETED>    (1) includes scientific information and research 
        on oil spill preparedness, response, and restoration;</DELETED>
        <DELETED>    (2) serves as a single access point for emergency 
        responders for such scientific data; and</DELETED>
        <DELETED>    (3) provides outreach and utilizes communication 
        mechanisms to inform partners, the public, and local 
        communities about the availability of oil spill preparedness, 
        prevention, response, and restoration information and services 
        and otherwise improves public understanding and minimizes 
        impacts of oil spills.</DELETED>
<DELETED>    (f) Initiative on Oil Spills From Aging and Abandoned Oil 
Infrastructure.--Not later than 270 days after the date of the 
enactment of this Act, the Under Secretary shall establish an 
initiative--</DELETED>
        <DELETED>    (1) to determine the significance, response, 
        frequency, size, potential fate, and potential effects, 
        including those on sensitive habitats, of oil spills resulting 
        from aging and abandoned oil infrastructure; and</DELETED>
        <DELETED>    (2) to formulate recommendations on how best to 
        address such spills.</DELETED>
<DELETED>    (g) Inventory of Offshore Abandoned or Sunken Vessels.--
Not later than 270 days after the date of the enactment of this Act, 
the Under Secretary shall develop an inventory of offshore abandoned or 
sunken vessels in the exclusive economic zone of the United States and 
identify priorities (based on amount of oil, feasibility of oil 
recovery, fate and effects of oil if released, and cost-benefit of 
preemptive action) for potential preemptive removal of oil or other 
actions that may be effective to mitigate the risk of oil spills from 
offshore abandoned or sunken vessels.</DELETED>

<DELETED>SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES 
              OF NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.</DELETED>

<DELETED>    Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (D) and (E), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (A) the 
        following:</DELETED>
                <DELETED>    ``(B) not more than $25,000,000 in each 
                fiscal year shall be available to the Under Secretary 
                for Oceans and Atmosphere without further appropriation 
                for expenses incurred by, and activities related to, 
                preparedness, response, restoration, and damage 
                assessment capabilities of the National Oceanic and 
                Atmospheric Administration;</DELETED>
                <DELETED>    ``(C) not more than $20,000,000 in each 
                fiscal year shall be available to the Under Secretary 
                for Oceans and Atmosphere for the research and 
                development of technologies identified by the Office of 
                Response and Restoration of the National Oceanic and 
                Atmospheric Administration as beneficial for 
                prevention, removal, and enforcement related to oil 
                discharges;''.</DELETED>

<DELETED>SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND 
              RESTORATION REVOLVING FUND IN INTEREST-BEARING 
              OBLIGATIONS.</DELETED>

<DELETED>    The Secretary of the Treasury shall invest such a portion 
of the amounts in the Damage Assessment and Restoration Revolving Fund 
described in title I of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act of 1991 
(33 U.S.C. 2706 note) as is not required to meet current withdrawals, 
as determined by the Secretary, in interest-bearing obligations of the 
United States in accordance with section 9602 of the Internal Revenue 
Code of 1986.</DELETED>

<DELETED>SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND 
              RESPONSE.</DELETED>

<DELETED>    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
seq.) is amended adding at the end the following new section:</DELETED>

<DELETED>``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND 
              PLANNING.</DELETED>

<DELETED>    ``(a) Grants to States.--The Secretary may make grants to 
eligible coastal states--</DELETED>
        <DELETED>    ``(1) to revise management programs approved under 
        section 306 and National Estuarine Research Reserves approved 
        under section 315 to identify and implement new enforceable 
        policies and procedures to ensure sufficient response 
        capabilities at the State level to address the environmental, 
        economic and social impacts of oil spills or other accidents 
        resulting from Outer Continental Shelf energy activities with 
        the potential to affect and land or water use or natural 
        resource of the coastal zone; and</DELETED>
        <DELETED>    ``(2) to review and revise where necessary 
        applicable enforceable policies within approved coastal State 
        management programs affecting coastal energy activities and 
        energy to ensure that these policies are consistent with--
        </DELETED>
                <DELETED>    ``(A) other emergency response plans and 
                policies developed under Federal or State law; 
                and</DELETED>
                <DELETED>    ``(B) new policies and procedures 
                developed under paragraph (1).</DELETED>
<DELETED>    ``(b) Elements.--New enforceable policies and procedures 
developed by coastal states with grants awarded under this section 
shall consider, but not be limited to--</DELETED>
        <DELETED>    ``(1) other existing emergency response plans, 
        procedures and enforceable policies developed under other 
        Federal or State law that affect the coastal zone;</DELETED>
        <DELETED>    ``(2) identification of critical infrastructure 
        essential to facilitate spill or accident response 
        activities;</DELETED>
        <DELETED>    ``(3) identification of coordination, logistics 
        and communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;</DELETED>
        <DELETED>    ``(4) inventories of shore locations and 
        infrastructure and equipment necessary to respond to oil spills 
        or other accidents resulting from Outer Continental Shelf 
        energy activities;</DELETED>
        <DELETED>    ``(5) identification and characterization of 
        significant or sensitive marine ecosystems or other areas 
        possessing important conservation, recreational, ecological, 
        historic, or aesthetic values;</DELETED>
        <DELETED>    ``(6) inventories and surveys of shore locations 
        and infrastructure capable of supporting alternative energy 
        development; and</DELETED>
        <DELETED>    ``(7) other information or actions as may be 
        necessary.</DELETED>
<DELETED>    ``(c) Guidelines.--The Secretary shall, within 180 days 
after the date of enactment of this section and after consultation with 
the coastal states, publish guidelines for the application for and use 
of grants under this section.</DELETED>
<DELETED>    ``(d) Participation.--Coastal states shall provide 
opportunity for public participation in developing new enforceable 
policies and procedures under this section pursuant to subsections 
(d)(1) of (e) of section 306, especially by relevant Federal agencies, 
other coastal state agencies, local governments, regional 
organizations, port authorities, and other interested parties and 
stakeholders, public and private, that are related to, or affected by 
Outer Continental Shelf energy activities.</DELETED>
<DELETED>    ``(e) Annual Grants.--</DELETED>
        <DELETED>    ``(1) In general.--For each of fiscal years 2011 
        through 2015, the Secretary may make a grant to a coastal state 
        to develop new enforceable policies and procedures as required 
        under this section.</DELETED>
        <DELETED>    ``(2) Grant amounts and limit on awards.--The 
        amount of any grant to any one coastal state under this section 
        shall not exceed $750,000 for any fiscal year.</DELETED>
        <DELETED>    ``(3) No state matching contribution required.--A 
        coastal state shall not be required to contribute any portion 
        of the cost of a grant awarded under this section.</DELETED>
        <DELETED>    ``(4) Secretarial review and limit on awards.--
        After an initial grant is made to a coastal state under this 
        section, no subsequent grant may be made to that coastal state 
        under this section unless the Secretary finds that the coastal 
        state is satisfactorily developing revisions to address 
        offshore energy impacts. No coastal state is eligible to 
        receive grants under this section for more than 2 fiscal 
        years.</DELETED>
<DELETED>    ``(f) Applicability.--The requirements of this section 
shall only apply if appropriations are provided to the Secretary to 
make grants under this section to enable States to develop new or 
revised enforceable policies and procedures. Further, this section 
shall not be construed to convey any new authority to any coastal 
state, or repeal or supersede any existing authority of any coastal 
state, to regulate the siting, licensing, leasing, or permitting of 
alternative energy facilities in areas of the Outer Continental Shelf 
under the administration of the Federal Government. Nothing in this 
section repeals or supersedes any existing coastal state 
authority.</DELETED>
<DELETED>    ``(g) Assistance by the Secretary.--The Secretary shall, 
as authorized under section 310(a) and to the extent practicable, make 
available to coastal states the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal states to prepare revisions to approved 
management programs to meet the requirements under this 
section.''.</DELETED>

<DELETED>SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL 
              MONITORING AND RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) Environmental Monitoring and Research Program 
Required.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of the enactment of this Act and subject to the 
        availability of appropriations or other sources of funding, the 
        Secretary shall, acting through the Under Secretary for Oceans 
        and Atmosphere, establish and carry out a long-term marine 
        environmental monitoring and research program for the marine 
        and coastal environment of the Gulf of Mexico to ensure that 
        the Federal Government has independent, peer-reviewed 
        scientific data and information to assess long-term direct and 
        indirect impacts on trust resources located in the Gulf of 
        Mexico and Southeast region resulting from the oil spill caused 
        by the mobile offshore drilling unit Deepwater 
        Horizon.</DELETED>
        <DELETED>    (2) Period of program.--The Secretary shall carry 
        out the program required by paragraph (1) during the 10-year 
        period beginning on the date of the commencement of the 
        program. The Secretary may extend such period upon a 
        determination by the Secretary that additional monitoring and 
        research is warranted.</DELETED>
<DELETED>    (b) Scope of Program.--The program established under 
subsection (a) shall include the following:</DELETED>
        <DELETED>    (1) Monitoring and research of the physical, 
        chemical, and biological characteristics of the affected 
        marine, coastal, and estuarine areas of the Gulf of Mexico and 
        other regions of the exclusive economic zone of the United 
        States and adjacent regions affected by the oil spill caused by 
        the mobile offshore drilling unit Deepwater Horizon.</DELETED>
        <DELETED>    (2) The fate, transport, and persistence of oil 
        released during the spill and spatial distribution throughout 
        the water column, including in-situ burn residues.</DELETED>
        <DELETED>    (3) The fate, transport, and persistence of 
        chemical dispersants applied in-situ or on surface 
        waters.</DELETED>
        <DELETED>    (4) Identification of lethal and sub-lethal 
        impacts to shellfish, fish, and wildlife resources that utilize 
        habitats located within the affected region.</DELETED>
        <DELETED>    (5) Impacts to regional, State, and local 
        economies that depend on the natural resources of the affected 
        area, including commercial and recreational fisheries, tourism, 
        and other wildlife-dependent recreation.</DELETED>
        <DELETED>    (6) Other elements considered necessary by the 
        Secretary to ensure a comprehensive marine research and 
        monitoring program to comprehend and understand the 
        implications to trust resources caused by the oil spill from 
        the mobile offshore drilling unit Deepwater Horizon.</DELETED>
<DELETED>    (c) Cooperation and Consultation.--In developing the 
research and monitoring program established under subsection (a), the 
Secretary shall--</DELETED>
        <DELETED>    (1) coordinate with the United States Geological 
        Survey; and</DELETED>
        <DELETED>    (2) consult with--</DELETED>
                <DELETED>    (A) the National Ocean Research Leadership 
                Council established under section 7902 of title 10, 
                United States Code;</DELETED>
                <DELETED>    (B) such representatives from the Gulf 
                coast States and affected countries as the Secretary 
                considers appropriate;</DELETED>
                <DELETED>    (C) academic institutions and other 
                research organizations; and</DELETED>
                <DELETED>    (D) such other experts with expertise in 
                long-term environmental monitoring and research of the 
                marine environment as the Secretary considers 
                appropriate.</DELETED>
<DELETED>    (d) Availability of Data.--Upon review by and approval of 
the Attorney General regarding impacts on legal claims or litigation 
involving the United States, data and information generated through the 
program established under subsection (a) shall be managed and archived 
to ensure that it is accessible and available to governmental and non-
governmental personnel and to the general public for their use and 
information.</DELETED>
<DELETED>    (e) Report.--Not later than 1 year after the date of the 
commencement of the program under subsection (a) and biennially 
thereafter, the Secretary shall submit to Congress a comprehensive 
report--</DELETED>
        <DELETED>    (1) summarizing the activities and findings of the 
        program; and</DELETED>
        <DELETED>    (2) detailing areas and issues requiring future 
        monitoring and research.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Gulf coast state.--The term ``Gulf coast 
        State'' means each of the States of Texas, Louisiana, 
        Mississippi, Alabama, and Florida.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (3) Trust resources.--The term ``trust resources'' 
        means the living and non-living natural resources belonging to, 
        managed by, held in trust by, appertaining to, or otherwise 
        controlled by the United States, any State, an Indian Tribe, or 
        a local government.</DELETED>

<DELETED>SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL 
              PREVENTION.</DELETED>

<DELETED>    (a) In General.--The Secretary of Commerce shall, acting 
through the Under Secretary for Oceans and Atmosphere and in 
collaboration with the heads of other agencies or departments of the 
United States with appropriate Arctic science expertise, direct 
research and take action to improve the ability of the United States to 
conduct oil spill prevention, response, and recovery in Arctic 
waters.</DELETED>
<DELETED>    (b) Inclusions.--Research and action under this section 
shall include the prioritization of resources--</DELETED>
        <DELETED>    (1) to address--</DELETED>
                <DELETED>    (A) ecological baselines and environmental 
                sensitivity indexes, including stock assessments of 
                marine mammals and other protected species in the 
                Arctic;</DELETED>
                <DELETED>    (B) identification of ecological important 
                areas, sensitive habitats, and migratory 
                behaviors;</DELETED>
                <DELETED>    (C) the development of oil spill 
                trajectory models in Arctic marine 
                conditions;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) currents;</DELETED>
                        <DELETED>    (ii) winds;</DELETED>
                        <DELETED>    (iii) weather;</DELETED>
                        <DELETED>    (iv) waves; and</DELETED>
                        <DELETED>    (v) ice forecasting;</DELETED>
                <DELETED>    (E) the development of a robust 
                operational monitoring program during the open water 
                and ice-covered seasons;</DELETED>
                <DELETED>    (F) improvements in technologies and 
                understanding of cold water oil recovery planning and 
                restoration implementation; and</DELETED>
                <DELETED>    (G) the integration of local and 
                traditional knowledge into oil recovery research 
                studies; and</DELETED>
        <DELETED>    (2) to establish a robust geospatial framework for 
        safe navigation and oil spill response through increased--
        </DELETED>
                <DELETED>    (A) hydrographic and bathymetric 
                surveying, mapping, and navigational 
                charting;</DELETED>
                <DELETED>    (B) geodetic positioning; and</DELETED>
                <DELETED>    (C) monitoring of tides, sea levels, and 
                currents in the Arctic.</DELETED>

   <DELETED>TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION 
                           CAPACITY</DELETED>

<DELETED>SEC. 201. SECRETARY DEFINED.</DELETED>

<DELETED>    In this title, except as otherwise specifically provided, 
the term ``Secretary'' means the Secretary of the Secretary of the 
Department in which the Coast Guard is operating.</DELETED>

<DELETED>SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL 
              PREVENTION.</DELETED>

<DELETED>    (a) In General.--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.</DELETED>
<DELETED>    (b) Matters To Be Addressed.--The assessment and actions 
referred to in subsection (a) shall include the prioritization of 
resources to address the following:</DELETED>
        <DELETED>    (1) Oil spill prevention and response capabilities 
        and infrastructure.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) The expansion of search and rescue 
        capabilities, infrastructure, and logistics, including 
        improvements of the Search and Rescue Optimal Planning 
        System.</DELETED>
        <DELETED>    (4) The provisional designation of places of 
        refuge.</DELETED>
        <DELETED>    (5) The evaluation and enhancement of navigational 
        infrastructure.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Shipping traffic risk assessments for the 
        Bering Strait and the Chukchi and Beaufort Seas.</DELETED>
        <DELETED>    (8) The integration of local and traditional 
        knowledge and concerns into prevention and response 
        strategies.</DELETED>

<DELETED>SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary shall require all response 
plans approved by the Coast Guard under section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)) to be updated not less 
often than once every five years.</DELETED>
<DELETED>    (b) Best Available Technology.--Each response plan update 
required by subsection (a) shall utilize the best commercially 
available technology and methods to contain and remove to the maximum 
extent practicable a worst case discharge (including a discharge 
resulting from fire or explosion), and to mitigate or prevent a 
substantial threat of such a discharge.</DELETED>
<DELETED>    (c) Technology Standards.--The Coast Guard may establish 
requirements and guidance for utilizing the best commercially available 
technology and methods, which shall be based on performance metrics and 
standards whenever practicable.</DELETED>
<DELETED>    (d) Resubmission.--Each update required by subsection (a) 
shall be considered a significant change requiring it to be resubmitted 
for approval by the Coast Guard.</DELETED>

<DELETED>SEC. 204. ADVANCE PLANNING AND PROMPT DECISIONMAKING IN 
              CLOSING AND REOPENING FISHING GROUNDS.</DELETED>

<DELETED>    (a) Requirement That Area Contingency Plans Contain Area-
Specific Protocols and Standards.--</DELETED>
        <DELETED>    (1) Cooperation with state and local officials.--
        Section 311(j)(4)(B)(ii) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the 
        semicolon after ``wildlife'' and inserting a comma and 
        ``including advance planning with respect to the closing and 
        reopening of fishing grounds following an oil 
        spill;''.</DELETED>
        <DELETED>    (2) Framework.--Section 311(j)(4)(C) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) 
        is amended--</DELETED>
                <DELETED>    (A) by redesignating clauses (vii) and 
                (viii) as clauses (viii) and (ix), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after clause (vi) the 
                following:</DELETED>
                        <DELETED>    ``(vii) develop a framework for 
                        advance planning and decisionmaking with 
                        respect to the closing and reopening of fishing 
                        grounds following an oil spill, including 
                        protocols and standards for the closing and 
                        reopening of fishing areas;''.</DELETED>
<DELETED>    (b) National Guidance.--Section 311(j)(4)(D) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is 
amended--</DELETED>
        <DELETED>    (1) in clause (i) by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii) by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                        <DELETED>    ``(iii) acting through the 
                        Commandant of the Coast Guard and in 
                        consultation with the Under Secretary for 
                        Oceans and Atmosphere and any other government 
                        entities deemed appropriate, issue guidance for 
                        Area Committees to use in developing a 
                        framework for advance planning and 
                        decisionmaking with respect to the closing and 
                        reopening of fishing grounds following an oil 
                        spill, which guidance shall include model 
                        protocols and standards for the closing and 
                        reopening of fishing areas.''.</DELETED>

<DELETED>SEC. 205. OIL SPILL TECHNOLOGY EVALUATION.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a program 
for the formal evaluation and validation of oil pollution containment 
and removal methods and technologies.</DELETED>
<DELETED>    (b) Approval.--The program required by subsection (a) 
shall establish a process for new methods and technologies to be 
submitted, evaluated, and gain validation for use in spill responses 
and inclusion in response plans. Following each validation, the 
Secretary shall consider whether the method or technology meets a 
performance capability warranting designation of a new standard for 
best available technology or methods.</DELETED>
<DELETED>    (c) Technology Clearinghouse.--All technologies and 
methods validated under this section shall be included in the 
comprehensive list of spill removal resources maintained by the Coast 
Guard through the National Response Unit.</DELETED>
<DELETED>    (d) Consultation.--The Secretary shall consult with the 
Secretary of the Interior, the Under Secretary for Oceans and 
Atmosphere, the Administrator of the Environmental Protection Agency, 
and the Secretary of Transportation in carrying out this 
section.</DELETED>

<DELETED>SEC. 206. COAST GUARD INSPECTIONS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall increase the 
frequency and comprehensiveness of safety inspections of all United 
States and foreign-flag tank vessels that enter a United States port or 
place, including increasing the frequency and comprehensiveness of 
inspections of vessel age, hull configuration, and past violations of 
any applicable discharge and safety regulations under United States and 
international law that may indicate that the class societies inspecting 
such vessels may be substandard, and other factors relevant to the 
potential risk of an oil spill.</DELETED>
<DELETED>    (b) Enhanced Verification of Structural Condition.--The 
Secretary shall adopt, as part of the Secretary's inspection 
requirements for tank vessels, additional procedures for enhancing the 
verification of the reported structural condition of such vessels, 
taking into account the Condition Assessment Scheme adopted by the 
International Maritime Organization by Resolution 94(46) on April 27, 
2001.</DELETED>

<DELETED>SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS.</DELETED>

<DELETED>    Chapter 33 of title 46, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in section 3301, by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(16) vessels and other structures, fixed or 
        floating, including those which dynamically hold position or 
        are attached to the seabed or subsoil, which are capable of 
        exploring for, drilling for, developing, or producing oil or 
        gas.''; and</DELETED>
        <DELETED>    (2) in section 3305(a)(1)--</DELETED>
                <DELETED>    (A) by amending subparagraph (E) to read 
                as follows:</DELETED>
                <DELETED>    ``(E) is in a condition to be operated 
                with safety to life and property, which including the 
                operation of systems used for the capabilities 
                described in paragraph (16) of section 3301, 
                including--</DELETED>
                        <DELETED>    ``(i) drilling systems, including 
                        risers and blow out preventers; and</DELETED>
                        <DELETED>    ``(ii) production systems, if so 
                        equipped;'';</DELETED>
                <DELETED>    (B) in subparagraph (F), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding the following:</DELETED>
                <DELETED>    ``(G) for vessels and other structures 
                described in paragraph (16) of section 3301 (including 
                the systems used for the capabilities described in 
                paragraph (16) of section 3301), complies with the 
                highest classification, certification, rating, and 
                inspection standards for vessels or structures of the 
                same age and type imposed by--</DELETED>
                        <DELETED>    ``(i) the American Bureau of 
                        Shipping; or</DELETED>
                        <DELETED>    ``(ii) another classification 
                        society approved by the Secretary as meeting 
                        acceptable standards for such a society, except 
                        that the classification of vessels or 
                        structures under this section by a foreign 
                        classification society may be accepted by the 
                        Secretary only--</DELETED>
                                <DELETED>    ``(I) to the extent that 
                                the government of the foreign country 
                                in which the society is headquartered 
                                accepts classification by the American 
                                Bureau of Shipping of vessels and 
                                structures used in the offshore 
                                exploration, development, and 
                                production of oil and gas in that 
                                country; and</DELETED>
                                <DELETED>    ``(II) if the foreign 
                                classification society has offices and 
                                maintains records in the United 
                                States.''.</DELETED>

<DELETED>SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL 
              RESOURCES.</DELETED>

<DELETED>    (a) Designation of At-Risk Areas.--The Commandant of the 
Coast Guard, in consultation the Under Secretary for Oceans and 
Atmosphere, shall identify areas in waters subject to the jurisdiction 
of the United States in which routing or other navigational measures 
are warranted to reduce the risk of oil spills and potential damage to 
natural resources. In identifying such areas, the Commandant shall give 
priority consideration to natural resources of particular ecological 
importance or economic importance, including--</DELETED>
        <DELETED>    (1) commercial fisheries;</DELETED>
        <DELETED>    (2) aquaculture facilities;</DELETED>
        <DELETED>    (3) marine sanctuaries designated by the Secretary 
        of Commerce pursuant to the National Marine Sanctuaries Act (16 
        U.S.C. 1431 et seq.);</DELETED>
        <DELETED>    (4) estuaries of national significance designated 
        under section 320 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1330);</DELETED>
        <DELETED>    (5) critical habitat, as defined in section 3(5) 
        of the Endangered Species Act of 1973 (16 U.S.C. 
        1532(5));</DELETED>
        <DELETED>    (6) estuarine research reserves within the 
        National Estuarine Research Reserve System established by 
        section 315 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1461); and</DELETED>
        <DELETED>    (7) national parks and national seashores 
        administered by the National Park Service under the National 
        Park Service Organic Act (16 U.S.C. 1 et seq.).</DELETED>
<DELETED>    (b) Factors Considered.--In determining whether 
navigational measures are warranted for an area under subsection (a), 
the Commandant and the Under Secretary for Oceans and Atmosphere shall 
consider, at a minimum--</DELETED>
        <DELETED>    (1) the frequency of transits of vessels which are 
        required to prepare a response plan under section 311(j) of the 
        Federal Water Pollution Control Act (33 U.S.C. 
        1321(j));</DELETED>
        <DELETED>    (2) the type and quantity of oil transported as 
        cargo or fuel;</DELETED>
        <DELETED>    (3) the expected benefits of routing measures in 
        reducing risks of spills;</DELETED>
        <DELETED>    (4) the costs of such measures;</DELETED>
        <DELETED>    (5) the safety implications of such measures; 
        and</DELETED>
        <DELETED>    (6) the nature and value of the resources to be 
        protected by such measures.</DELETED>
<DELETED>    (c) Establishment of Routing and Other Navigational 
Measures.--The Commandant shall establish such routing or other 
navigational measures for areas identified under subsection 
(a).</DELETED>
<DELETED>    (d) Establishment of Areas To Be Avoided.--To the extent 
that the Commandant and the Under Secretary for Oceans and Atmosphere 
identify areas in which navigational measures are warranted for an area 
under subsection (a), the Secretary and the Under Secretary shall seek 
to establish such areas through the International Maritime Organization 
or establish comparable areas pursuant to regulations and in a manner 
that is consistent with international law.</DELETED>
<DELETED>    (e) Oil Shipment Data and Report.--</DELETED>
        <DELETED>    (1) Data collection.--The Commandant of the Coast 
        Guard, in consultation with the Chief of Engineers, shall 
        analyze data on oil transported as cargo on vessels in the 
        navigable waters of the United States, including information 
        on--</DELETED>
                <DELETED>    (A) the quantity and type of oil being 
                transported;</DELETED>
                <DELETED>    (B) the vessels used for such 
                transportation;</DELETED>
                <DELETED>    (C) the frequency with which each type of 
                oil is being transported; and</DELETED>
                <DELETED>    (D) the point of origin, transit route, 
                and destination of each such shipment of oil.</DELETED>
        <DELETED>    (2) Quarterly report.--</DELETED>
                <DELETED>    (A) Requirement for quarterly report.--The 
                Secretary shall, not less frequently than once each 
                calendar quarter, submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on the data collected and 
                analyzed under paragraph (1).</DELETED>
                <DELETED>    (B) Format.--Each report submitted under 
                subparagraph (A) shall be submitted in a format that 
                does not disclose information exempted from 
                disclosure.</DELETED>

<DELETED>SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS.</DELETED>

<DELETED>    (a) In General.--A State may, by law, require a person to 
provide notice of 24 hours or more to the State and to the Coast Guard 
prior to transferring oil in bulk as cargo in an amount equivalent to 
250 barrels or more to, from, or within a vessel in State 
waters.</DELETED>
<DELETED>    (b) Coast Guard Assistance.--The Commandant of the Coast 
Guard may assist a State in developing appropriate methodologies for 
joint Federal and State notification of an oil transfer described in 
subsection (a) to minimize any potential burden to vessels.</DELETED>

<DELETED>SEC. 210. GULF OF MEXICO REGIONAL CITIZENS ADVISORY 
              COUNCIL.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title IV of the Oil 
Pollution Act of 1990 is amended by inserting after section 4118 (33 
U.S.C. 1203 note) the following:</DELETED>

<DELETED>``SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY 
              COUNCIL.</DELETED>

<DELETED>    ``(a) Establishment.--There is established a Gulf of 
Mexico Regional Citizens' Advisory Council (referred to in this section 
as the `Council').</DELETED>
<DELETED>    ``(b) Membership.--The Council shall be composed of voting 
members and nonvoting members, as follows:</DELETED>
        <DELETED>    ``(1) Voting members.--Each of the States of 
        Alabama, Florida, Louisiana, Mississippi, and Texas shall each 
        have 6 voting members on the Council who shall be residents of 
        the State and appointed by the Governor of the State from a 
        list of nominees provided by each of the following interests in 
        the State, such that each interest in each State is represented 
        by a voting member:</DELETED>
                <DELETED>    ``(A) Commercial fin fish and shellfish 
                industry.</DELETED>
                <DELETED>    ``(B) Charter fishing industry.</DELETED>
                <DELETED>    ``(C) Restaurant, hotel, and tourism 
                industries.</DELETED>
                <DELETED>    ``(D) Indigenous peoples 
                communities.</DELETED>
                <DELETED>    ``(E) Marine and coastal conservation 
                community.</DELETED>
                <DELETED>    ``(F) Incorporated and unincorporated 
                municipalities.</DELETED>
        <DELETED>    ``(2) Nonvoting members.--One ex-officio, 
        nonvoting representative shall be designated by, and represent, 
        each of the following:</DELETED>
                <DELETED>    ``(A) The Coast Guard.</DELETED>
                <DELETED>    ``(B) The Environmental Protection 
                Agency.</DELETED>
                <DELETED>    ``(C) The National Oceanic and Atmospheric 
                Administration.</DELETED>
                <DELETED>    ``(D) The Bureau of Ocean Energy 
                Management, Regulation and Enforcement.</DELETED>
                <DELETED>    ``(E) The lead maritime environmental and 
                natural resources management and enforcement agency 
                from each of the States of Alabama, Florida, Louisiana, 
                Mississippi, and Texas.</DELETED>
<DELETED>    ``(c) Terms.--</DELETED>
        <DELETED>    ``(1) In general.--The voting members of the 
        Council shall be appointed for a term of 3 years.</DELETED>
        <DELETED>    ``(2) Initial appointments.--For the terms of the 
        group of first appointments of voting members to the Council, a 
        drawing of lots among the appointees shall be conducted under 
        which--</DELETED>
                <DELETED>    ``(A) </DELETED>\<DELETED>1/3</DELETED>\ 
                <DELETED>of that group shall serve for 3 
                years;</DELETED>
                <DELETED>    ``(B) </DELETED>\<DELETED>1/3</DELETED>\ 
                <DELETED>of that group shall serve for 2 years; 
                and</DELETED>
                <DELETED>    ``(C) the remainder of that group shall 
                serve for 1 year.</DELETED>
        <DELETED>    ``(3) Duration of council.--The duration of the 
        Council shall be throughout the lifetime of energy development, 
        transportation, and facility removal activities in the Gulf of 
        Mexico.</DELETED>
<DELETED>    ``(d) Administration.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall--</DELETED>
                <DELETED>    ``(A) elect a chairperson;</DELETED>
                <DELETED>    ``(B) select staff; and</DELETED>
                <DELETED>    ``(C) make policies with regard to 
                internal operating procedures.</DELETED>
        <DELETED>    ``(2) Self-governance.--After the initial 
        organizational meeting hosted by the Secretary of the 
        department in which the Coast Guard is operating, the Council 
        shall be self-governing.</DELETED>
        <DELETED>    ``(3) Transparency.--The Council shall--</DELETED>
                <DELETED>    ``(A) conduct the operations of the 
                Council in public, to the maximum extent practicable; 
                and</DELETED>
                <DELETED>    ``(B) make the work products the Council 
                adopts available to the public.</DELETED>
        <DELETED>    ``(4) Conflicts of interest.--An individual 
        selected as a voting member of the Council may not engage in 
        any activity that may conflict with the execution of the 
        functions or duties of the individual as a Council 
        member.</DELETED>
<DELETED>    ``(e) Duties.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall, with regard 
        to facilities and tank vessels in, and on the coast of, the 
        Gulf of Mexico--</DELETED>
                <DELETED>    ``(A) with regard to facilities and tank 
                vessels in, and on the coast of, the Gulf of Mexico--
                </DELETED>
                        <DELETED>    ``(i) provide comprehensive 
                        oversight and monitoring of policies, permits, 
                        and regulations relating to the activities, 
                        operation, and maintenance of the facilities 
                        and tank vessels;</DELETED>
                        <DELETED>    ``(ii) monitor the environmental 
                        impacts of the operation of the facilities and 
                        tank vessels;</DELETED>
                        <DELETED>    ``(iii) monitor oil spill 
                        prevention and response plans, including plans 
                        relating to blowout prevention and response, 
                        for the facilities and tank vessels; 
                        and</DELETED>
                        <DELETED>    ``(iv) recommend standards and 
                        conditions for regulations intended to ensure 
                        the safe and environmentally sound operation 
                        and maintenance of the facilities and tank 
                        vessels;</DELETED>
                <DELETED>    ``(B) provide recommendations for, and 
                otherwise assist, any oil spill recovery or spill 
                research institute established for the Gulf of Mexico; 
                and</DELETED>
                <DELETED>    ``(C) conduct such other activities within 
                the authority and scope of the Council as the Council 
                considers appropriate.</DELETED>
        <DELETED>    ``(2) Geographic scope.--The Council shall carry 
        out the duties described in paragraph (1) in a manner that, to 
        the maximum extent practicable, covers all activities of 
        facilities and tank vessels occurring in the Gulf of 
        Mexico.</DELETED>
<DELETED>    ``(f) Standing Committees.--The Council may create 
standing committees as necessary to carry out the duties described in 
subsection (e), including--</DELETED>
        <DELETED>    ``(1) a scientific and technical 
        committee;</DELETED>
        <DELETED>    ``(2) an environmental monitoring 
        committee;</DELETED>
        <DELETED>    ``(3) an oil spill prevention and response 
        committee;</DELETED>
        <DELETED>    ``(4) an offshore committee for monitoring 
        activities in water that is more than 500 feet in 
        depth;</DELETED>
        <DELETED>    ``(5) a near-shore committee for monitoring 
        activities in water that is 500 feet or less in 
        depth;</DELETED>
        <DELETED>    ``(6) an information and education committee; 
        and</DELETED>
        <DELETED>    ``(7) a committee on social impact assessments: 
        prevention, mitigation and response.</DELETED>
<DELETED>    ``(g) Temporary Committees.--</DELETED>
        <DELETED>    ``(1) In general.--In addition to the standing 
        committees authorized to be created in subsection (f), the 
        Council may create temporary committees as necessary to carry 
        out the duties of the Council relating to--</DELETED>
                <DELETED>    ``(A) the blowout and explosion of the 
                mobile offshore drilling unit Deepwater Horizon that 
                occurred on April 20, 2010; and</DELETED>
                <DELETED>    ``(B) the resulting hydrocarbon releases 
                into the environment, including temporary committees 
                relating to--</DELETED>
                        <DELETED>    ``(i) public and occupational 
                        health; and</DELETED>
                        <DELETED>    ``(ii) assessment and monitoring 
                        of environmental, social and economic 
                        impacts.</DELETED>
        <DELETED>    ``(2) Dissolution.--If a </DELETED>\<DELETED>2/
        3</DELETED>\ <DELETED>majority of the Council votes to 
        discontinue activities relating to the incidents described in 
        paragraph (1), any temporary committee established under 
        paragraph (1) shall dissolve within 60 days after the date of 
        the vote.</DELETED>
<DELETED>    ``(h) Estoppel.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall not be liable 
        under Federal or State law for costs or damages as a result of 
        rendering recommendations under this section.</DELETED>
        <DELETED>    ``(2) Advice.--Any advice given by a voting member 
        of the Council, or by a program representative or agent, shall 
        not be grounds for estopping those interests represented by the 
        voting Council members from seeking damages or other 
        appropriate relief.</DELETED>
<DELETED>    ``(i) Information From Federal Agencies and Industry.--
</DELETED>
        <DELETED>    ``(1) In general.--The Council may request 
        directly from any Federal agency (as defined in section 1004 of 
        the Solid Waste Disposal Act (42 U.S.C. 6903)) (referred to in 
        this section as a `Federal agency') information, suggestions, 
        estimates, and statistics for the purposes of this 
        section.</DELETED>
        <DELETED>    ``(2) Agency cooperation.--</DELETED>
                <DELETED>    ``(A) In general.--Effective beginning 180 
                days after the date of enactment of this section, each 
                Federal agency shall, with respect to all permits, 
                site-specific regulations, and other matters governing 
                the activities and actions within the purview of the 
                Council, consult with the Council prior to taking 
                substantive action with respect to the permit, site-
                specific regulation, or other matter.</DELETED>
                <DELETED>    ``(B) Review.--The consultation shall be 
                carried out in a manner that enables the Council--
                </DELETED>
                        <DELETED>    ``(i) to review the permit, site-
                        specific regulation, or other matters; 
                        and</DELETED>
                        <DELETED>    ``(ii) to make appropriate 
                        recommendations regarding operations, policy, 
                        or agency actions.</DELETED>
                <DELETED>    ``(C) Emergencies.--Prior consultation 
                shall not be required under this paragraph if an 
                authorized Federal agency representative reasonably 
                believes that an emergency exists requiring action 
                without delay.</DELETED>
                <DELETED>    ``(D) Information.--Each Federal agency 
                shall, on the request of the Council, to the extent 
                authorized by law, furnish information, suggestions, 
                estimates, and statistics directly to the 
                Council.</DELETED>
        <DELETED>    ``(3) Access.--The Council shall have access to 
        oil and gas industry facilities and records that are relevant 
        to the proper execution of the duties of the Council under this 
        section.</DELETED>
<DELETED>    ``(j) Council Research.--In carrying out this section, the 
Council--</DELETED>
        <DELETED>    ``(1) may conduct applicable scientific research; 
        and</DELETED>
        <DELETED>    ``(2) shall review applicable scientific work 
        undertaken by or on behalf of--</DELETED>
                <DELETED>    ``(A) the energy industry;</DELETED>
                <DELETED>    ``(B) the conservation community; 
                or</DELETED>
                <DELETED>    ``(C) government agencies.</DELETED>
<DELETED>    ``(k) Council Recommendations.--</DELETED>
        <DELETED>    ``(1) In general.--All recommendations of the 
        Council shall be advisory only.</DELETED>
        <DELETED>    ``(2) Recommendations.--If a government agency, 
        responsible party, or other owner or operator, lessee, or 
        permittee (referred to in this paragraph as the `covered 
        individual or entity') decides not to accept, or decides to 
        substantially modify before adoption, a recommendation of the 
        Council, the covered individual or entity shall provide to the 
        Council, not later than 10 days after the date of the decision 
        of the covered individual or entity, a written notice of the 
        decision and a summary of reasons for the rejection or 
        substantial modification of the recommendation by the covered 
        individual or entity.</DELETED>
<DELETED>    ``(l) Location and Compensation.--</DELETED>
        <DELETED>    ``(1) Office locations.--The Council shall 
        establish offices in 1 or more Gulf States, as the Council 
        determines to be necessary and appropriate to the operations of 
        the Council.</DELETED>
        <DELETED>    ``(2) Per diem authorization.--A member of the 
        Council may not be compensated for service on the Council, but 
        shall be allowed travel expenses, including per diem, at a rate 
        established by the Council, not to exceed the rates authorized 
        for employees of agencies under sections 5702 and 5703 of title 
        5, United States Code (except by express authorization of the 
        Council in any case in which the rates are inadequate to 
        reimburse a member not eligible for travel rates of the Federal 
        Government).</DELETED>
<DELETED>    ``(m) Reports.--</DELETED>
        <DELETED>    ``(1) GAO reports.--Not later than 3 years after 
        the date of establishment of the Council and every 3 years 
        thereafter, the Comptroller General of the United States shall 
        submit to the President and Congress a report covering the 
        operations and expenditures of the Council in carrying out this 
        section, including any recommendations.</DELETED>
        <DELETED>    ``(2) Biennial reports to congress.--Every 2 
        years, the Council shall submit a report to Congress on--
        </DELETED>
                <DELETED>    ``(A) the achievement of safe operations 
                in the Gulf of oil and gas activities; and</DELETED>
                <DELETED>    ``(B) on the operations and expenditures, 
                needs, problems, issues, and recommendations of the 
                Council.</DELETED>
        <DELETED>    ``(3) Annual audits.--</DELETED>
                <DELETED>    ``(A) In general.--The Council shall--
                </DELETED>
                        <DELETED>    ``(i) commission an annual 
                        independent financial statement audit by an 
                        independent accounting firm; and</DELETED>
                        <DELETED>    ``(ii) publish the results of the 
                        audits in a publicly available annual 
                        report.</DELETED>
                <DELETED>    ``(B) Biennial reports.--The audits shall 
                be incorporated into the reports to Congress required 
                by paragraph (2).</DELETED>
<DELETED>    ``(n) Suits Barred.--No program, association, council, 
committee, or other organization created by this section may sue any 
public or private person or entity concerning any matter arising under 
this section other than the performance of a contracts.</DELETED>
<DELETED>    ``(o) Operational and Administrative Funding.--Owners or 
operators of tank vessels, onshore facilities, or offshore facilities, 
lessees, and permittees in the Gulf of Mexico shall provide, on an 
annual basis, an aggregate amount of not more than $10,000,000, as 
determined by the Secretary of the department in which the Coast Guard 
is operating, that shall--</DELETED>
        <DELETED>    ``(1) provide for the establishment and operation 
        of the Council (including standing committees and any temporary 
        committees); and</DELETED>
        <DELETED>    ``(2) be adjusted annually to reflect changes in 
        the Consumer Price Index in the Gulf of Mexico 
        region.''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents in section 2 
of the Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by 
adding at the end of the items relating to title IV the 
following:</DELETED>

<DELETED>``Sec. 4119. Gulf of Mexico Regional Citizens' Advisory 
                            Council.''.

<DELETED>SEC. 211. VESSEL LIABILITY.</DELETED>

<DELETED>    Section 1004(a) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(a)) is amended by striking paragraph (1) and inserting the 
following:</DELETED>
        <DELETED>    ``(1) for a vessel that is--</DELETED>
                <DELETED>    ``(A) a tank ship that is a single-hull 
                vessel, including a single-hull vessel fitted with 
                double sides only or a double bottom only, $3,300 per 
                gross ton or $93,600,000, whichever is 
                greater;</DELETED>
                <DELETED>    ``(B) a tank ship that is a double-hull 
                vessel, $1,900 per gross ton or $16,000,000, whichever 
                is greater;</DELETED>
                <DELETED>    ``(C) a tank barge that is a single-hull 
                vessel, including a single-hull vessel fitted with 
                double sides only or a double bottom only, $7,000 per 
                gross ton or $29,100,000, whichever is greater; 
                or</DELETED>
                <DELETED>    ``(D) a tank barge that is a double-hull 
                vessel, $7,000 per gross ton or $36,900,000, whichever 
                is greater;''.</DELETED>

<DELETED>SEC. 212. COAST GUARD RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)(A)) is amended--</DELETED>
        <DELETED>    (1) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''; and</DELETED>
        <DELETED>    (2) by striking the semicolon at the end and 
        inserting ``, of which amount not less than 40 percent shall be 
        used to conduct research, development, and evaluation of oil 
        spill response and removal technologies and 
        methods;''.</DELETED>

<DELETED>SEC. 213. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE 
              CASUALTIES.</DELETED>

<DELETED>    Section 6101 of title 46, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(j) Notice to States and Tribal Governments.--</DELETED>
        <DELETED>    ``(1) Requirement to notify.--Not later than 1 
        hour after receiving a report of a marine casualty under this 
        section, the Secretary shall forward the report to each 
        appropriate State agency and tribal government of an Indian 
        tribe (as defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b)) that has 
        jurisdiction concurrent with the United States or adjacent to 
        waters in which the marine casualty occurred.</DELETED>
        <DELETED>    ``(2) Appropriate state agency.--Each State shall 
        identify for the Secretary the appropriate State agency to 
        receive a report under paragraph (1). Such agency shall be 
        responsible for forwarding appropriate information related to 
        such report to local and tribal governments within the 
        State.''.</DELETED>

<DELETED>SEC. 214. PROMPT PUBLICATION OF OIL SPILL 
              INFORMATION.</DELETED>

<DELETED>    (a) In General.--In any response to an oil spill in which 
the Commandant of the Coast Guard serves as the Federal On-Scene 
Coordinator leading a Unified Command, the Commandant, on a publicly 
accessible Web site, all written Incident Action Plans prepared and 
approved as a part of the response to such oil spill.</DELETED>
<DELETED>    (b) Timeliness and Duration.--The Commandant shall--
</DELETED>
        <DELETED>    (1) publish each Incident Action Plan pursuant to 
        subsection (a) promptly after such Plan is approved for 
        implementation by the Unified Command, and in no event later 
        than 12 hours into the operational period for which such Plan 
        is prepared; and</DELETED>
        <DELETED>    (2) ensure that such plan remains remain publicly 
        accessible by Web site for the duration of the response to oil 
        spill.</DELETED>
<DELETED>    (c) Redaction of Personal Information.--The Commandant may 
redact information from an Incident Action Plans published pursuant to 
subsection (a) to the extent necessary to comply with applicable 
privacy laws and other requirements regarding personal 
information.</DELETED>

   <DELETED>TITLE III--OTHER MATTERS RELATING TO OIL SPILLS</DELETED>

<DELETED>SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVITIES WITH 
              RESPECT TO OIL SPILL SURVEYS.</DELETED>

<DELETED>    (a) Development of National Protocols for Oil Spill 
Surveys.--Not later than 270 days after the date of the enactment of 
this Act, the Under Secretary for Oceans and Atmosphere shall, in 
coordination with the Secretary of Homeland Security, the Administrator 
of the Environmental Protection Agency, and the heads of such 
departments and agencies of State governments as the Under Secretary 
considers appropriate, develop standard national protocols for oil 
spill response and clean up assessments to promote consistent 
procedures for collecting shoreline characterization data.</DELETED>
<DELETED>    (b) Guidance and Tools for Application of National 
Protocols for Oil Spill Surveys.--The Under Secretary shall develop 
guidance and tools for oil spill responders and offer instructional 
courses to ensure that the protocols developed under subsection (a) are 
used during oil spill responses in the waters of the United 
States.</DELETED>

<DELETED>SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION, COAST GUARD, AND DEPARTMENT 
              OF INTERIOR ON OIL SPILL MATTERS.</DELETED>

<DELETED>    (a) Outer Continental Shelf Leasing Program.--Section 18 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
</DELETED>
        <DELETED>    (1) in subsection (c)(1), by inserting ``the 
        Secretary of Commerce, the Secretary of the department in which 
        the Coast Guard is operating, and'' before ``the Attorney 
        General,''; and</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``program,'' in the first sentence and all that follows 
                through the end of the paragraph and inserting 
                ``program--</DELETED>
                <DELETED>    ``(A) the Attorney General may, after 
                consultation with the Federal Trade Commission, submit 
                comments on the anticipated effects of the proposed 
                program on competition;</DELETED>
                <DELETED>    ``(B) the Secretary of Commerce may submit 
                comments on the anticipated effects of the proposed 
                program on the human, marine, and coastal environments, 
                including the likelihood of occurrence and potential 
                severity of spills and chronic pollution;</DELETED>
                <DELETED>    ``(C) the Secretary of the department in 
                which the Coast Guard is operating may submit comments 
                on the adequacy of the response capabilities of the 
                Federal Government for spills and chronic pollution 
                that may occur as a result of the proposed program; 
                and</DELETED>
                <DELETED>    ``(D) any State, local government, or 
                other person may submit comments and recommendations as 
                to any aspect of the proposed program.''; and</DELETED>
                <DELETED>    (B) in the second sentence in paragraph 
                (2), by striking ``Attorney General'' and inserting 
                ``Attorney General, the Secretary of Commerce, the 
                Secretary of the department in which the Coast Guard is 
                operating,''.</DELETED>
<DELETED>    (b) Environmental Studies.--Section 20(f) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1346(f)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(f) In executing'' and inserting 
        the following:</DELETED>
        <DELETED>    ``(1) In general.--In executing''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) National oceanic and atmospheric 
        administration.--</DELETED>
                <DELETED>    ``(A) In general.--In addition to any 
                other requirement under law, the Secretary shall, prior 
                to the approval of any program, lease, exploration 
                plan, or development and production plan, consult with 
                the Administrator of the National Oceanic and 
                Atmospheric Administration (referred to in this 
                paragraph as the `Administrator') on the reasonably 
                foreseeable adverse effects of the proposed action to 
                ocean and coastal resources, including oil 
                spills.</DELETED>
                <DELETED>    ``(B) Initiation of consultation.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        shall initiate consultation under subparagraph 
                        (A) at the earliest practicable time, but in no 
                        case later than 90 days before the date of 
                        approval of the proposed action.</DELETED>
                        <DELETED>    ``(ii) Provision of information.--
                        On the initiation of consultation, the 
                        Secretary shall provide the Administrator with 
                        information describing the nature, location, 
                        and duration of the proposed action, and a 
                        description of all reasonably foreseeable 
                        adverse effects to ocean and coastal 
                        resources.</DELETED>
                <DELETED>    ``(C) Alternatives.--</DELETED>
                        <DELETED>    ``(i) In general.--At any time 
                        prior to the date that is 45 days before the 
                        approval of the proposed action, the 
                        Administrator may recommend alternatives to any 
                        proposed action, including measures that will 
                        prevent or minimize reasonably foreseeable 
                        adverse effects to ocean and coastal 
                        resources.</DELETED>
                        <DELETED>    ``(ii) Secretarial action.--The 
                        Secretary shall incorporate into the approval 
                        for the proposed action the alternatives or 
                        mitigation measures recommended under clause 
                        (i), unless the Secretary--</DELETED>
                                <DELETED>    ``(I) determines that the 
                                alternatives or mitigation measures are 
                                not necessary to prevent or minimize 
                                reasonably foreseeable adverse effects 
                                to marine and coastal resources; 
                                and</DELETED>
                                <DELETED>    ``(II) notifies the 
                                Administrator in writing of the reasons 
                                for that decision.''.</DELETED>

<DELETED>SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--There is established a committee to be 
known as the Federal Oil Spill Research Committee (in this section 
referred to as the ``Committee'').</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Composition.--The Committee shall be composed 
        of members selected by the Under Secretary for Oceans and 
        Atmosphere to represent the following:</DELETED>
                <DELETED>    (A) The National Oceanic and Atmospheric 
                Administration.</DELETED>
                <DELETED>    (B) The Coast Guard.</DELETED>
                <DELETED>    (C) The Environmental Protection 
                Agency.</DELETED>
                <DELETED>    (D) Such other Federal agencies as the 
                Under Secretary considers appropriate.</DELETED>
        <DELETED>    (2) Chairperson.--The Under Secretary shall 
        designate a Chairperson from among members of the Committee who 
        represent the National Oceanic and Atmospheric 
        Administration.</DELETED>
<DELETED>    (c) Duties of the Committee.--</DELETED>
        <DELETED>    (1) Research.--The Committee shall--</DELETED>
                <DELETED>    (A) coordinate a comprehensive program of 
                oil pollution research, technology development, and 
                demonstration among the Federal agencies, in 
                cooperation and coordination with industry, 
                universities, research institutions, State and local 
                governments, tribal governments, and other nations, as 
                the Committee considers appropriate; and</DELETED>
                <DELETED>    (B) foster cost-effective research 
                mechanisms, including the joint funding of 
                research.</DELETED>
        <DELETED>    (2) Reports on current state of oil spill 
        prevention and response capabilities.--</DELETED>
                <DELETED>    (A) In general.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Committee shall submit to Congress a report on the 
                current state of oil spill prevention and response 
                capabilities that--</DELETED>
                        <DELETED>    (i) identifies current research 
                        programs conducted by governments, 
                        universities, and corporate entities;</DELETED>
                        <DELETED>    (ii) assesses the current status 
                        of knowledge on oil pollution prevention, 
                        response, and mitigation 
                        technologies;</DELETED>
                        <DELETED>    (iii) establishes national 
                        research priorities and goals for oil pollution 
                        technology development related to prevention, 
                        response, mitigation, and environmental 
                        effects;</DELETED>
                        <DELETED>    (iv) identifies regional oil 
                        pollution research needs and priorities for a 
                        coordinated program of research at the regional 
                        level developed in consultation with State and 
                        local governments and tribes;</DELETED>
                        <DELETED>    (v) assesses the current state of 
                        spill response equipment, and determines areas 
                        in need of improvement including amount, age, 
                        quality, effectiveness, or necessary 
                        technological improvements;</DELETED>
                        <DELETED>    (vi) assesses the current state of 
                        real time data available to mariners, including 
                        water level, currents and weather information 
                        and predictions, and assesses whether lack of 
                        timely information increases the risk of oil 
                        spills;</DELETED>
                        <DELETED>    (vii) assesses the capacity of the 
                        National Oceanic and Atmospheric Administration 
                        to respond to, and restore, and rehabilitate 
                        marine sanctuaries, monuments, sea turtles, and 
                        other protected species;</DELETED>
                        <DELETED>    (viii) establishes goals for 
                        improved oil spill prevention and response upon 
                        which to target research for the following 5-
                        year period before the next report is submitted 
                        under subparagraph (B); and</DELETED>
                        <DELETED>    (ix) includes such recommendations 
                        as the Committee considers 
                        appropriate.</DELETED>
                <DELETED>    (B) Quinquennial updates.--The Committee 
                shall submit a report every fifth year after its first 
                report under subparagraph (A) updating the information 
                contained in its previous report under this 
                paragraph.</DELETED>
<DELETED>    (d) Research and Development Program.--</DELETED>
        <DELETED>    (1) In general.--In carrying out its duties under 
        subsection (c)(1), the Committee shall establish a program for 
        conducting oil pollution research and development.</DELETED>
        <DELETED>    (2) Program elements.--The program established 
        under paragraph (1) shall provide for research, development, 
        and demonstration of new or improved technologies which are 
        effective in preventing, detecting, or mitigating oil 
        discharges and which protect the environment, and include the 
        following:</DELETED>
                <DELETED>    (A) High-priority research areas described 
                in the report.</DELETED>
                <DELETED>    (B) Direct and indirect environmental 
                effects of acute and chronic oil spills on marine 
                resources, including impacts on marine sanctuaries, 
                monuments, other protected areas, marine mammals, sea 
                turtles, and other protected species.</DELETED>
                <DELETED>    (C) Monitoring, modeling, and 
                understanding the near- and long-term effects of major 
                spills and long-term cumulative effects of smaller 
                endemic spills.</DELETED>
                <DELETED>    (D) New technologies to detect accidental 
                or intentional overboard discharges.</DELETED>
                <DELETED>    (E) Mechanical response capabilities, such 
                as improved booms, oil skimmers, and storage 
                capacity.</DELETED>
                <DELETED>    (F) Methods to respond to, restore, and 
                rehabilitate natural resources and ecosystem health and 
                services damaged by oil discharges, including impacts 
                on marine sanctuaries, monuments, other protected 
                areas, marine mammals, sea turtles, and other protected 
                species..</DELETED>
                <DELETED>    (G) Research and training, in consultation 
                with the National Response Team, to improve industry's 
                and Government's ability to remove an oil discharge 
                quickly and effectively.</DELETED>
        <DELETED>    (3) Implementation plan.--</DELETED>
                <DELETED>    (A) In general.--Not later than 180 days 
                after submitting the report to Congress under 
                subsection (c)(2)(A), the Committee shall submit to 
                Congress a plan for the implementation of the program 
                required by paragraph (1).</DELETED>
                <DELETED>    (B) Assessment by national academy of 
                sciences.--The Chairperson shall, acting through the 
                National Oceanic and Atmospheric Administration, 
                contract with the National Academy of Sciences to--
                </DELETED>
                        <DELETED>    (i) provide advice and guidance in 
                        the preparation and development of the plan 
                        required by subparagraph (A); and</DELETED>
                        <DELETED>    (ii) assess the adequacy of the 
                        plan as submitted, and submit a report to 
                        Congress on the conclusions of such 
                        assessment.</DELETED>
<DELETED>    (e) Grant Program in Support of Research and Development 
Program.--</DELETED>
        <DELETED>    (1) In general.--The Under Secretary shall, in 
        consultation with the National Science Foundation, manage a 
        program of competitive grants to universities or other research 
        institutions, or groups of universities or research 
        institutions, for the purposes of conducting the program 
        established under subsection (d).</DELETED>
        <DELETED>    (2) Applications and conditions.--In conducting 
        the program, the Under Secretary--</DELETED>
                <DELETED>    (A) shall establish a notification and 
                application procedure;</DELETED>
                <DELETED>    (B) may establish such conditions and 
                require such assurances as may be appropriate to ensure 
                the efficiency and integrity of the grant program; 
                and</DELETED>
                <DELETED>    (C) may make grants under the program on a 
                matching or nonmatching basis.</DELETED>
<DELETED>    (f) Advice and Guidance.--The Committee shall accept 
comments and input from State and local governments, Indian tribes, 
industry representatives, and other stakeholders in carrying out its 
duties under subsection (c).</DELETED>
<DELETED>    (g) Facilitation.--The Committee may develop memoranda of 
agreement or memoranda of understanding with universities, State and 
local governments, or other entities to facilitate the research program 
required by subsection (d).</DELETED>
<DELETED>    (h) Annual Reports.--The Chairperson of the Committee 
shall submit an annual report to Congress on the activities carried out 
under this section in the preceding fiscal year, and on activities 
proposed to be carried out under this section in the current fiscal 
year.</DELETED>
<DELETED>    (i) Committee Replaces Existing Authority.--The authority 
provided by this section supersedes the authority provided by section 
7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the 
establishment of the Interagency Committee on Oil Pollution Research 
under subsection (a) of that section, and that Committee shall cease 
operations and terminate on the date of the enactment of this 
Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing Health 
for Ocean Resources and Environment Act'' or the ``SHORE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL 
          SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY

Sec. 101. Improving National Oceanic and Atmospheric Administration oil 
                            spill response, prevention, and restoration 
                            capacity.
Sec. 102. Use of Oil Spill Liability Trust Fund for expenses of 
                            National Oceanic and Atmospheric 
                            Administration.
Sec. 103. Investment of amounts in Damage Assessment and Restoration 
                            Revolving Fund in interest-bearing 
                            obligations.
Sec. 104. Strengthening coastal State oil spill planning and response.
Sec. 105. Gulf of Mexico long-term marine environmental monitoring and 
                            research program.
Sec. 106. Arctic research and action to conduct oil spill prevention.
Sec. 107. National Oceanic and Atmospheric Administration subsea 
                            hydrocarbon monitoring and assessment.

    TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

Sec. 201. Secretary defined.
Sec. 202. Arctic maritime readiness and oil spill prevention.
Sec. 203. Coast Guard response plan requirements.
Sec. 204. Advance planning and prompt decisionmaking in closing and 
                            reopening fishing grounds.
Sec. 205. Oil spill technology evaluation.
Sec. 206. Coast Guard inspections.
Sec. 207. Certificate of inspection requirements.
Sec. 208. Navigational measures for protection of natural resources.
Sec. 209. Notice to States of bulk oil transfers.
Sec. 210. Gulf of Mexico Regional Citizens' Advisory Council.
Sec. 211. Arctic Regional Citizens' Advisory Council.
Sec. 212. Vessel liability.
Sec. 213. Coast Guard research and development.
Sec. 214. Prompt intergovernmental notice of marine casualties.
Sec. 215. Prompt publication of oil spill information.

            TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

Sec. 301. Coordination of Federal and State activities with respect to 
                            oil spill surveys.
Sec. 302. Coordination between National Oceanic and Atmospheric 
                            Administration, Coast Guard, and Department 
                            of Interior on oil spill matters.
Sec. 303. Federal Oil Spill Research Committee.
Sec. 304. Authority of Secretary of Transportation.
Sec. 305. Increased funding for environmental oversight and monitoring 
                            by the Cook Inlet and Prince William Sound 
                            regional citizens' advisory councils.

            TITLE IV--CORAL REEF CONSERVATION ACT AMENDMENTS

Sec. 401. Short title; table of contents.
Sec. 402. Amendment of Coral Reef Conservation Act of 2000.
Sec. 403. Agreements; redesignations.
Sec. 404. Emergency assistance.
Sec. 405. Emergency response, stabilization, and restoration.
Sec. 406. Prohibited activities.
Sec. 407. Destruction of coral reefs.
Sec. 408. Enforcement.
Sec. 409. Permits.
Sec. 410. Regulations.
Sec. 411. Judicial review.
Sec. 412. Definitions.

TITLE I--IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL 
          SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY

SEC. 101. IMPROVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OIL 
              SPILL RESPONSE, PREVENTION, AND RESTORATION CAPACITY.

    (a) Review of Ability of National Oceanic and Atmospheric 
Administration to Respond to Oil Spills.--
            (1) Comprehensive review required.--Not later than 1 year 
        after the date of the enactment of this Act, the Under 
        Secretary for Oceans and Atmosphere shall conduct a 
        comprehensive review of the current capacity of the National 
        Oceanic and Atmospheric Administration to respond to oil 
        spills.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include the following:
                    (A) A comparison of oil spill modeling requirements 
                with the state-of-the-art oil spill modeling with 
                respect to near shore and offshore areas.
                    (B) Development of recommendations on priorities 
                for improving forecasting of oil spill trajectories and 
                impacts, including the identification of gaps in ocean 
                observing infrastructure.
                    (C) An inventory of the products and tools of the 
                National Oceanic and Atmospheric Administration that 
                can aid in assessment of the potential risk and impacts 
                of oil spills. Such products and tools may include 
                environmental sensitivity index maps, the United States 
                Integrated Ocean Observing System, and regional 
                information coordinating entities established as part 
                of such System, high frequency radar, and oil spill 
                trajectory models.
                    (D) An identification of the baseline oceanographic 
                and climate data required to support state-of-the-art 
                modeling.
                    (E) An assessment of the Administration's ability 
                to respond to the effects of an oil spill on its trust 
                resources, including--
                            (i) marine sanctuaries, monuments, and 
                        other protected areas; and
                            (ii) marine mammals, sea turtles, and other 
                        protected species, and efforts to rescue and 
                        rehabilitate such species.
                    (F) An assessment of the capacity of the 
                Administration to monitor and test effectively and 
                efficiently seafood for oil contamination resulting 
                from an oil spill, including the extent to which all 
                available resources of the Administration in the 
                affected spill region can be utilized.
                    (G) An identification of resources available to the 
                Administration through partnerships with the private 
                sector and academic institutions that can aid in risk 
                assessment and impacts of oil spills.
            (3) Report.--Upon completion of the review required by 
        paragraph (1), the Under Secretary shall submit to Congress a 
        report on such review, including the findings of the Under 
        Secretary with respect to such review.
    (b) Oil Spill Trajectory Modeling.--The Under Secretary for Oceans 
and Atmosphere shall be responsible for developing and maintaining oil 
spill trajectory modeling capabilities for the United States, including 
taking such actions as may be required by subsections (c) through (g). 
In carrying out such actions, the Under Secretary shall coordinate with 
national laboratories with established oil spill modeling expertise.
    (c) Environmental Sensitivity Index.--
            (1) Update.--Beginning not later than 180 days after the 
        date of the enactment of this Act and not less frequently than 
        once every 5 years thereafter, the Under Secretary shall update 
        the environmental sensitivity index products of the National 
        Oceanic and Atmospheric Administration for each coastal area of 
        the United States and for each offshore area of the United 
        States that is leased or under consideration for leasing for 
        offshore energy production.
            (2) Expanded coverage.--Not later than 270 days after the 
        date of the enactment of this Act, the Under Secretary shall, 
        to the maximum extent practicable, create an environmental 
        sensitivity index product for each area described in paragraph 
        (1) for which the National Oceanic and Atmospheric 
        Administration did not have an environmental sensitivity index 
        product on the day before the date of the enactment of this 
        Act.
            (3) Environmental sensitivity index product defined.--In 
        this subsection, the term ``environmental sensitivity index 
        product'' means a map or similar tool that is utilized to 
        identify sensitive shoreline, coastal or offshore, resources 
        prior to an oil spill event in order to set baseline priorities 
        for protection and plan cleanup strategies, typically including 
        information relating to shoreline type, biological resources, 
        and human use resources.
    (d) Quinquennial Report on Ecological Baselines, Important 
Ecological Areas, and Economic Risks.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this Act and not less frequently than once 
        every 5 years thereafter, the Under Secretary shall submit to 
        Congress a report that, with respect to regions that are leased 
        or are under consideration for leasing for offshore energy 
        production--
                    (A) characterizes ecological baselines;
                    (B) identifies important ecological areas, critical 
                habitats, and migratory behaviors; and
                    (C) identifies potential risks posed by hydrocarbon 
                develolpment on regional, State, and local economies.
            (2) Important ecological area defined.--In this subsection, 
        the term ``important ecological area'' means an area that--
                    (A) contributes significantly to local or larger 
                marine ecosystem health; or
                    (B) is a unique or especially sensitive marine 
                ecosystem.
    (e) Subsea Hydrocarbon Review.--Not later than 120 days after the 
date of the enactment of this Act, the Under Secretary shall conduct a 
comprehensive review of the current state of the National Oceanic and 
Atmospheric Administration to observe, monitor, map, and track subsea 
hydrocarbons, including a review of the effect of subsea hydrocarbons 
and dispersants at varying concentrations on living marine resources.
    (f) National Information Center on Oil Spills.--The Under Secretary 
shall establish a national information center on oil spills that--
            (1) includes scientific information and research on oil 
        spill preparedness, response, and restoration;
            (2) serves as a single access point for emergency 
        responders for such scientific data;
            (3) provides outreach and utilizes communication mechanisms 
        to inform partners, the public, and local communities about the 
        availability of oil spill preparedness, prevention, response, 
        and restoration information and services and otherwise improves 
        public understanding and minimizes impacts of oil spills; and
            (4) applies the data interoperability standards developed 
        by the Integrated Coastal Ocean Observing System to allow for 
        free and open access to all relevant Federal and non-federal 
        data using, to the extent practicable, the existing 
        infrastructure of the regional information coordinating 
        entities developed as part of the Integrated Coastal Ocean 
        Observing System as a portal for accessing non-federal data.
    (g) Initiative on Oil Spills From Aging and Abandoned Oil 
Infrastructure.--Not later than 270 days after the date of the 
enactment of this Act, the Under Secretary shall establish an 
initiative--
            (1) to determine the significance, response, frequency, 
        size, potential fate, and potential effects, including those on 
        sensitive habitats, of oil spills resulting from aging and 
        abandoned oil infrastructure; and
            (2) to formulate recommendations on how best to address 
        such spills.
    (h) Inventory of Offshore Abandoned or Sunken Vessels.--Not later 
than 270 days after the date of the enactment of this Act, the Under 
Secretary shall develop an inventory of offshore abandoned or sunken 
vessels in the exclusive economic zone of the United States and 
identify priorities (based on amount of oil, feasibility of oil 
recovery, fate and effects of oil if released, and cost-benefit of 
preemptive action) for potential preemptive removal of oil or other 
actions that may be effective to mitigate the risk of oil spills from 
offshore abandoned or sunken vessels.

SEC. 102. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES OF 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $25,000,000 in each fiscal year 
                shall be available to the Under Secretary for Oceans 
                and Atmosphere without further appropriation for 
                expenses incurred by, and activities related to, 
                preparedness, response, restoration, and damage 
                assessment capabilities of the National Oceanic and 
                Atmospheric Administration and to the rescue and 
                rehabilitation of injured marine species;
                    ``(C) not more than $20,000,000 in each fiscal year 
                shall be available to the Under Secretary for Oceans 
                and Atmosphere for collection of ocean observations and 
                the research and development of technologies identified 
                by the Office of Response and Restoration of the 
                National Oceanic and Atmospheric Administration as 
                beneficial for prevention, removal, wildlife 
                rehabilitation, wildlife rescue and rehabilitation, and 
                enforcement related to oil discharges;''.

SEC. 103. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION 
              REVOLVING FUND IN INTEREST-BEARING OBLIGATIONS.

    The Secretary of the Treasury shall invest such a portion of the 
amounts in the Damage Assessment and Restoration Revolving Fund 
described in title I of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act of 1991 
(33 U.S.C. 2706 note) as is not required to meet current withdrawals, 
as determined by the Secretary, in interest-bearing obligations of the 
United States in accordance with section 9602 of the Internal Revenue 
Code of 1986.

SEC. 104. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by adding at the end the following new section:

``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND 
              PLANNING.

    ``(a) Grants to States.--The Secretary may make grants to eligible 
coastal states--
            ``(1) to revise management programs approved under section 
        306 and National Estuarine Research Reserves approved under 
        section 315 to identify and implement new enforceable policies 
        and procedures to ensure sufficient response capabilities at 
        the State level to address the environmental, economic, and 
        social impacts of oil spills or other accidents resulting from 
        Outer Continental Shelf energy activities with the potential to 
        affect land or water use or natural resources of the coastal 
        zone; and
            ``(2) to review and revise where necessary applicable 
        enforceable policies within approved coastal State management 
        programs affecting coastal energy activities and energy to 
        ensure that these policies are consistent with--
                    ``(A) other emergency response plans and policies 
                developed under Federal or State law; and
                    ``(B) new policies and procedures developed under 
                paragraph (1).
    ``(b) Elements.--New enforceable policies and procedures developed 
by coastal states with grants awarded under this section shall 
consider, but not be limited to--
            ``(1) other existing emergency response plans, procedures, 
        and enforceable policies developed under other Federal or State 
        law that affect the coastal zone;
            ``(2) identification of critical infrastructure essential 
        to facilitate spill or accident response activities;
            ``(3) identification of coordination, logistics and 
        communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;
            ``(4) inventories of shore locations and infrastructure and 
        equipment necessary to respond, or monitor environmental 
        impacts of, oil spills or other accidents resulting from Outer 
        Continental Shelf energy activities;
            ``(5) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, economic, or 
        aesthetic values;
            ``(6) inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development;
            ``(7) observing capabilities necessary to assess ocean 
        conditions before, during, and after a spill; and
            ``(8) other information or actions as may be necessary;
    ``(c) Guidelines.--The Secretary shall, within 180 days after the 
date of the enactment of this section and after consultation with the 
coastal states, publish guidelines for the application for and use of 
grants under this section.
    ``(d) Participation.--Coastal states shall provide opportunity for 
public participation in developing new enforceable policies and 
procedures under this section pursuant to subsection (d)(1) or (e) of 
section 306, especially by relevant Federal agencies, other coastal 
state agencies, local governments, regional organizations, port 
authorities, and other interested parties and stakeholders, public and 
private, that are related to, or affected by Outer Continental Shelf 
energy activities.
    ``(e) Annual Grants.--
            ``(1) In general.--For each of fiscal years 2011 through 
        2015, the Secretary may make a grant to a coastal state to 
        develop new enforceable policies and procedures as required 
        under this section.
            ``(2) Grant amounts and limit on awards.--The amount of any 
        grant to any one coastal state under this section shall not 
        exceed $750,000 for any fiscal year.
            ``(3) No state matching contribution required.--A coastal 
        state shall not be required to contribute any portion of the 
        cost of a grant awarded under this section.
            ``(4) Transfer of funds.--A coastal state that receives a 
        grant under this section may transfer grant funds to an 
        appropriate agency of the coastal state.
            ``(5) Secretarial review and limit on awards.--After an 
        initial grant is made to a coastal state under this section, no 
        subsequent grant may be made to that coastal state under this 
        section unless the Secretary finds that the coastal state is 
        satisfactorily developing revisions to address offshore energy 
        impacts. No coastal state is eligible to receive grants under 
        this section for more than 2 fiscal years.
    ``(f) Applicability.--The requirements of this section shall only 
apply if appropriations are provided to the Secretary to make grants 
under this section to enable States to develop new or revised 
enforceable policies and procedures. Further, this section shall not be 
construed to convey any new authority to any coastal state, or repeal 
or supersede any existing authority of any coastal state, to regulate 
the siting, licensing, leasing, or permitting of alternative energy 
facilities in areas of the Outer Continental Shelf under the 
administration of the Federal Government. Nothing in this section 
repeals or supersedes any existing coastal state authority.
    ``(g) Assistance by the Secretary.--The Secretary shall, as 
authorized under section 310(a) and to the extent practicable, make 
available to coastal states the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal states to prepare revisions to approved 
management programs to meet the requirements under this section.''.

SEC. 105. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL MONITORING AND 
              RESEARCH PROGRAM.

    (a) Environmental Monitoring and Research Program Required.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act and subject to the availability of 
        appropriations or other sources of funding, the Secretary 
        shall, acting through the Under Secretary for Oceans and 
        Atmosphere, establish and carry out a long-term marine 
        environmental monitoring and research program for the marine 
        and coastal environment of the Gulf of Mexico to ensure that 
        the Federal Government has independent, peer-reviewed 
        scientific data and information to assess long-term direct and 
        indirect impacts on trust resources located in the Gulf of 
        Mexico and Southeast region resulting from the oil spill caused 
        by the mobile offshore drilling unit Deepwater Horizon.
            (2) Period of program.--The Secretary shall carry out the 
        program required by paragraph (1) during the 10-year period 
        beginning on the date of the commencement of the program. The 
        Secretary may extend such period upon a determination by the 
        Secretary that additional monitoring and research is warranted.
    (b) Scope of Program.--The program established under subsection (a) 
shall include the following:
            (1) Monitoring and research of the physical, chemical, and 
        biological characteristics of the affected marine, coastal, and 
        estuarine areas of the Gulf of Mexico and other regions of the 
        exclusive economic zone of the United States and adjacent 
        regions affected by the oil spill caused by the mobile offshore 
        drilling unit Deepwater Horizon.
            (2) The fate, transport, and persistence of oil released 
        during the spill and spatial distribution throughout the water 
        column, including in-situ burn residues.
            (3) The fate, transport, and persistence of chemical 
        dispersants applied in-situ or on surface waters.
            (4) Identification of lethal and sub-lethal impacts to 
        shellfish, fish, and wildlife resources that utilize habitats 
        located within the affected region.
            (5) Impacts to regional, State, and local economies that 
        depend on the natural resources of the affected area, including 
        commercial and recreational fisheries, tourism, and other 
        wildlife-dependent recreation.
            (6) Other elements considered necessary by the Secretary to 
        ensure a comprehensive marine research and monitoring program 
        to comprehend and understand the implications to trust 
        resources caused by the oil spill from the mobile offshore 
        drilling unit Deepwater Horizon.
    (c) Cooperation and Consultation.--In developing the research and 
monitoring program established under subsection (a), the Secretary 
shall--
            (1) coordinate with the United States Geological Survey; 
        and
            (2) consult with--
                    (A) the National Ocean Research Leadership Council 
                established under section 7902 of title 10, United 
                States Code;
                    (B) the Gulf of Mexico Fishery Management Council 
                established under section 302(a)(1) of the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1852(a)(1));
                    (C) such representatives from the Gulf coast 
                States, including fishermen and the related seafood 
                industry, and affected countries as the Secretary 
                considers appropriate;
                    (D) academic institutions and other research 
                organizations;
                    (E) regional information coordination entities (as 
                defined in section 12303(6) of the Integrated Coastal 
                and Ocean Observation System Act of 2009 (33 U.S.C. 
                3602(6); and
                    (F) such other experts with expertise in long-term 
                environmental monitoring and research of the marine 
                environment as the Secretary considers appropriate.
    (d) Availability of Data.--Upon review by and approval of the 
Attorney General regarding impacts on legal claims or litigation 
involving the United States, data and information generated through the 
program established under subsection (a) shall be managed and archived 
according to the standards developed under section 12304 of the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3603) to ensure that it is accessible and available to governmental and 
nongovernmental personnel and to the general public for their use and 
information.
    (e) Report.--Not later than 1 year after the date of the 
commencement of the program under subsection (a) and biennially 
thereafter, the Secretary shall submit to Congress a comprehensive 
report--
            (1) summarizing the activities and findings of the program; 
        and
            (2) detailing areas and issues requiring future monitoring 
        and research.
    (f) Definitions.--In this section:
            (1) Gulf coast state.--The term ``Gulf coast State'' means 
        each of the States of Texas, Louisiana, Mississippi, Alabama, 
        and Florida.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Trust resources.--The term ``trust resources'' means 
        the living and non-living natural resources belonging to, 
        managed by, held in trust by, appertaining to, or otherwise 
        controlled by the United States, any State, an Indian tribe, or 
        a local government.

SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

    (a) In General.--The Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere and in collaboration with 
the heads of other agencies or departments of the United States with 
appropriate Arctic science expertise, and by building on existing 
regional ocean observing systems, direct research to improve the 
ability of the United States to conduct oil spill prevention, response, 
observing, and recovery in Arctic waters.
    (b) Inclusions.--Research, observation, and action under this 
section shall include the prioritization of resources--
            (1) to address--
                    (A) ecological baselines and environmental 
                sensitivity indexes, including stock assessments of 
                marine mammals and other protected species in the 
                Arctic;
                    (B) identification of ecological important areas, 
                sensitive 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 planning and restoration 
                implementation; 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.

SEC. 107. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SUBSEA 
              HYDROCARBON MONITORING AND ASSESSMENT.

    (a) Subsea Hydrocarbon Review.--Not later than 45 days after the 
date of the enactment of this Act, the Under Secretary for Oceans and 
Atmosphere shall conduct a comprehensive review of the current state of 
the National Oceanic and Atmospheric Administration and the capacity of 
the Administration to monitor, map, and track subsea hydrocarbons.
    (b) Elements.--The review conducted under subsection (a) shall 
include the following:
            (1) A review of protocol for application of dispersants 
        that contemplates the variables of temperature, pressure, and 
        depth of the site of release of hydrocarbons.
            (2) A review of technological capabilities to detect the 
        presence of subsea hydrocarbons at various concentrations and 
        at various depths within a water column resulting from releases 
        of oil and natural gas after a spill.
            (3) A review of technological capabilities for 
        expeditiously identifying the source (known as 
        ``fingerprinting'') of subsea hydrocarbons.
            (4) A review of coastal and ocean current modeling as it 
        relates to predicting the trajectory of oil and natural gas.
            (5) A review of the effect of subsea hydrocarbons (all 
        concentrations including down to hydrocarbon chains in 
        solution) on all levels of the food web, including evaluations 
        of seafood safety, toxicity to individuals, negative impacts to 
        reproduction, bioaccumulation, growth, and such other matters 
        as the Under Secretary considers appropriate.
            (6) Development of recommendations on priorities for 
        improving forecasting of movement of subsea hydrocarbons.
            (7) Development of recommendations for long-term remote 
        monitoring of subsea hydrocarbons after a spill, including 
        dissolved oxygen impacts.
            (8) Development of recommendations for implementation of a 
        Subsea Hydrocarbon Monitoring and Assessment program within the 
        Office of Response and Restoration.
    (c) Program Required.--Not later than 1 year after the date of the 
enactment of this Act, the Under Secretary shall establish a 
hydrocarbon monitoring and assessment program. Such program shall be 
based on the recommendations developed under the comprehensive review 
required by subsection (a).
    (d) Funding.--Not later than 30 days after the date of the 
enactment of this Act, out of any funds in the Oil Spill Liability 
Trust Fund established by section 9509 of the Internal Revenue Code of 
1986 not otherwise appropriated, the Secretary of the Treasury shall 
transfer to the Secretary of Commerce to carry out the provisions of 
this section $15,000,000 to remain available until expended.

    TITLE II--IMPROVING COAST GUARD RESPONSE AND INSPECTION CAPACITY

SEC. 201. SECRETARY DEFINED.

    In this title, except as otherwise specifically provided, the term 
``Secretary'' means the Secretary of the Department in which the Coast 
Guard is operating.

SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

    (a) In General.--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) Matters to Be Addressed.--The assessment and actions referred 
to in subsection (a) shall include the prioritization of resources to 
address the following:
            (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.
            (8) The integration of local and traditional knowledge and 
        concerns into prevention and response strategies.

SEC. 203. COAST GUARD RESPONSE PLAN REQUIREMENTS.

    (a) Response Plan Updates.--
            (1) In general.--The Secretary shall require all response 
        plans approved by the Coast Guard under section 311(j) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(j)) to be 
        updated not less often than once every five years.
            (2) Best available technology.--Each response plan update 
        required by paragraph (1) shall utilize the best commercially 
        available technology and methods to contain and remove to the 
        maximum extent practicable a worst case discharge (including a 
        discharge resulting from fire or explosion), and to mitigate or 
        prevent a substantial threat of such a discharge.
            (3) Technology standards.--The Coast Guard may establish 
        requirements and guidance for utilizing the best commercially 
        available technology and methods, which shall be based on 
        performance metrics and standards whenever practicable.
            (4) Resubmission.--Each update required by paragraph (1) 
        shall be considered a significant change requiring it to be 
        resubmitted for approval by the Coast Guard.
    (b) Vessel Response Plans.--The Secretary shall require that all 
vessel response plans prepared pursuant to section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) for vessels 
described in section 3301(16) of title 46, United States Code, as 
amended by section 207 of this Act, include plans for responding to a 
worst case discharge (as described in subparagraphs (A) and (B) of 
section 311(a)(24) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(a)(24))), and to a threat of such a discharge.

SEC. 204. ADVANCE PLANNING AND PROMPT DECISIONMAKING IN CLOSING AND 
              REOPENING FISHING GROUNDS.

    (a) Requirement That Area Contingency Plans Contain Area-specific 
Protocols and Standards.--
            (1) Cooperation with state and local officials.--Section 
        311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33 
        U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the semicolon 
        after ``wildlife'' and inserting a comma and ``including 
        advance planning with respect to the closing and reopening of 
        fishing grounds following an oil spill;''.
            (2) Framework.--Section 311(j)(4)(C) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
                    (A) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively; and
                    (B) by inserting after clause (vi) the following:
                            ``(vii) develop a framework for advance 
                        planning and decisionmaking with respect to the 
                        closing and reopening of fishing grounds 
                        following an oil spill, including protocols and 
                        standards for the closing and reopening of 
                        fishing areas;''.
    (b) National Guidance.--Section 311(j)(4)(D) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) acting through the Commandant of 
                        the Coast Guard and in consultation with the 
                        Under Secretary for Oceans and Atmosphere and 
                        any other government entities deemed 
                        appropriate, issue guidance for Area Committees 
                        to use in developing a framework for advance 
                        planning and decisionmaking with respect to the 
                        closing and reopening of fishing grounds 
                        following an oil spill, which guidance shall 
                        include model protocols and standards for the 
                        closing and reopening of fishing areas.''.

SEC. 205. OIL SPILL TECHNOLOGY EVALUATION.

    (a) In General.--The Secretary shall establish a program for the 
formal evaluation and validation of oil pollution containment and 
removal methods and technologies.
    (b) Approval.--The program required by subsection (a) shall 
establish a process for new methods and technologies to be submitted 
and evaluated and to gain validation for use in spill responses and 
inclusion in response plans. Following each validation, the Secretary 
shall consider whether the method or technology meets a performance 
capability warranting designation of a new standard for best available 
technology or methods.
    (c) Technology Clearinghouse.--All technologies and methods 
validated under this section shall be included in the comprehensive 
list of spill removal resources maintained by the Coast Guard through 
the National Response Unit.
    (d) Consultation.--The Secretary shall consult with the Secretary 
of the Interior, the Under Secretary for Oceans and Atmosphere, the 
Administrator of the Environmental Protection Agency, the Secretary of 
Transportation, and the Secretary of Energy in carrying out this 
section.

SEC. 206. COAST GUARD INSPECTIONS.

    (a) In General.--The Secretary shall increase the frequency and 
comprehensiveness of safety inspections of all United States and 
foreign-flag tank vessels that enter a United States port or place, 
including increasing the frequency and comprehensiveness of inspections 
of vessel age, hull configuration, and past violations of any 
applicable discharge and safety regulations under United States and 
international law that may indicate that the class societies inspecting 
such vessels may be substandard, and other factors relevant to the 
potential risk of an oil spill.
    (b) Enhanced Verification of Structural Condition.--The Secretary 
shall adopt, as part of the Secretary's inspection requirements for 
tank vessels, additional procedures for enhancing the verification of 
the reported structural condition of such vessels, taking into account 
the Condition Assessment Scheme adopted by the International Maritime 
Organization by Resolution 94(46) on April 27, 2001.

SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS.

    Chapter 33 of title 46, United States Code, is amended--
            (1) in section 3301, by adding at the end the following:
            ``(16) vessels and other structures, fixed or floating, 
        including those which dynamically hold position or are attached 
        to the seabed or subsoil, which are capable of exploring for, 
        drilling for, developing, or producing oil or gas.''; and
            (2) in section 3305(a)(1)--
                    (A) by amending subparagraph (E) to read as 
                follows:
                    ``(E) is in a condition to be operated with safety 
                to life and property, including the operation of 
                systems used for the capabilities described in 
                paragraph (16) of section 3301, including--
                            ``(i) drilling systems, including risers 
                        and blow out preventers; and
                            ``(ii) production systems, if so 
                        equipped;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding the following:
                    ``(G) for vessels and other structures described in 
                paragraph (16) of section 3301 (including the systems 
                used for the capabilities described in paragraph (16) 
                of section 3301), complies with the highest 
                classification, certification, rating, and inspection 
                standards for vessels or structures of the same age and 
                type imposed by--
                            ``(i) the American Bureau of Shipping; or
                            ``(ii) another classification society 
                        approved by the Secretary as meeting acceptable 
                        standards for such a society, except that the 
                        classification of vessels or structures under 
                        this section by a foreign classification 
                        society may be accepted by the Secretary only--
                                    ``(I) to the extent that the 
                                government of the foreign country in 
                                which the society is headquartered 
                                accepts classification by the American 
                                Bureau of Shipping of vessels and 
                                structures used in the offshore 
                                exploration, development, and 
                                production of oil and gas in that 
                                country; and
                                    ``(II) if the foreign 
                                classification society has offices and 
                                maintains records in the United 
                                States.''.

SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

    (a) Designation of At-risk Areas.--The Commandant of the Coast 
Guard, in consultation with the Under Secretary for Oceans and 
Atmosphere, shall identify areas in waters subject to the jurisdiction 
of the United States in which routing or other navigational measures 
are warranted to reduce the risk of oil spills and potential damage to 
natural resources. In identifying such areas, the Commandant shall give 
priority consideration to natural resources of particular ecological 
importance or economic importance, including--
            (1) commercial fisheries;
            (2) aquaculture facilities;
            (3) marine sanctuaries designated by the Secretary of 
        Commerce pursuant to the National Marine Sanctuaries Act (16 
        U.S.C. 1431 et seq.);
            (4) estuaries of national significance designated under 
        section 320 of the Federal Water Pollution Control Act (33 
        U.S.C. 1330);
            (5) critical habitat, as defined in section 3(5) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532(5));
            (6) estuarine research reserves within the National 
        Estuarine Research Reserve System established by section 315 of 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); and
            (7) national parks and national seashores administered by 
        the National Park Service under the National Park Service 
        Organic Act (16 U.S.C. 1 et seq.).
    (b) Factors Considered.--In determining whether navigational 
measures are warranted for an area under subsection (a), the Commandant 
and the Under Secretary for Oceans and Atmosphere shall consider, at a 
minimum--
            (1) the frequency of transits of vessels which are required 
        to prepare a response plan under section 311(j) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321(j));
            (2) the type and quantity of oil transported as cargo or 
        fuel;
            (3) the expected benefits of routing measures in reducing 
        risks of spills;
            (4) the costs of such measures;
            (5) the safety implications of such measures; and
            (6) the nature and value of the resources to be protected 
        by such measures.
    (c) Establishment of Routing and Other Navigational Measures.--The 
Commandant shall establish such routing or other navigational measures 
for areas identified under subsection (a).
    (d) Establishment of Areas to Be Avoided.--To the extent that the 
Commandant and the Under Secretary for Oceans and Atmosphere identify 
areas in which navigational measures are warranted for an area under 
subsection (a), the Commandant and the Under Secretary shall seek to 
establish such areas through the International Maritime Organization or 
establish comparable areas pursuant to regulations and in a manner that 
is consistent with international law.
    (e) Oil Shipment Data and Report.--
            (1) Data collection.--The Commandant of the Coast Guard, in 
        consultation with the Chief of Engineers, shall analyze data on 
        oil transported as cargo on vessels in the navigable waters of 
        the United States, including information on--
                    (A) the quantity and type of oil being transported;
                    (B) the vessels used for such transportation;
                    (C) the frequency with which each type of oil is 
                being transported; and
                    (D) the point of origin, transit route, and 
                destination of each such shipment of oil.
            (2) Quarterly report.--
                    (A) Requirement for quarterly report.--The 
                Secretary shall, not less frequently than once each 
                calendar quarter, submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on the data collected and 
                analyzed under paragraph (1).
                    (B) Format.--Each report submitted under 
                subparagraph (A) shall be submitted in a format that 
                does not disclose information exempted from disclosure.

SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS.

    (a) In General.--A State may, by law, require a person to provide 
notice of 24 hours or more to the State and to the Coast Guard prior to 
transferring oil in bulk as cargo in an amount equivalent to 250 
barrels or more to, from, or within a vessel in State waters.
    (b) Coast Guard Assistance.--The Commandant of the Coast Guard may 
assist a State in developing appropriate methodologies for joint 
Federal and State notification of an oil transfer described in 
subsection (a) to minimize any potential burden to vessels.

SEC. 210. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    (a) In General.--Subtitle A of title IV of the Oil Pollution Act of 
1990 is amended by inserting after section 4118 (33 U.S.C. 1203 note) 
the following:

``SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    ``(a) Establishment.--There is established a Gulf of Mexico 
Regional Citizens' Advisory Council (referred to in this section as the 
`Council').
    ``(b) Membership.--The Council shall be composed of voting members 
and nonvoting members, as follows:
            ``(1) Voting members.--Each of the States of Alabama, 
        Florida, Louisiana, Mississippi, and Texas shall each have 6 
        voting members on the Council who shall be residents of the 
        State and appointed from and by the following interests in the 
        State, such that each interest in each State is represented by 
        a voting member:
                    ``(A) Commercial fin fish and shellfish industry.
                    ``(B) Charter fishing industry.
                    ``(C) Restaurant, hotel, and tourism industries.
                    ``(D) Indigenous peoples communities.
                    ``(E) Marine and coastal conservation community.
                    ``(F) Incorporated and unincorporated 
                municipalities.
            ``(2) Nonvoting members.--One ex officio, nonvoting 
        representative shall be designated by, and represent, each of 
        the following:
                    ``(A) The Coast Guard.
                    ``(B) The Environmental Protection Agency.
                    ``(C) The National Oceanic and Atmospheric 
                Administration.
                    ``(D) The Bureau of Ocean Energy Management, 
                Regulation and Enforcement.
                    ``(E) The lead maritime environmental and natural 
                resources management and enforcement agency from each 
                of the States of Alabama, Florida, Louisiana, 
                Mississippi, and Texas.
                    ``(F) The maritime or shipping industry in the 
                States of Alabama, Florida, Louisiana, Mississippi, and 
                Texas.
                    ``(G) The offshore energy industry in the States of 
                Alabama, Florida, Louisiana, Mississippi, and Texas.
                    ``(H) Researchers in the physical sciences, the 
                social sciences, and engineering at universities in the 
                States of Alabama, Florida, Louisiana, Mississippi, and 
                Texas.
            ``(3) Geographic balance.--Voting and nonvoting members 
        shall be drawn equally from the State represented on the 
        Council.
    ``(c) Terms.--
            ``(1) In general.--The voting members of the Council shall 
        be appointed for a term of 3 years.
            ``(2) Initial appointments.--For the terms of the group of 
        first appointments of voting members to the Council, a drawing 
        of lots among the appointees shall be conducted under which--
                    ``(A) \1/3\ of that group shall serve for 3 years;
                    ``(B) \1/3\ of that group shall serve for 2 years; 
                and
                    ``(C) the remainder of that group shall serve for 1 
                year.
            ``(3) Duration of council.--The duration of the Council 
        shall be throughout the lifetime of energy development, 
        transportation, and facility removal activities in the Gulf of 
        Mexico.
    ``(d) Administration.--
            ``(1) In general.--The Council shall--
                    ``(A) elect a chairperson;
                    ``(B) select staff; and
                    ``(C) make policies with regard to internal 
                operating procedures.
            ``(2) Self-governance.--After the initial organizational 
        meeting hosted by the Secretary of the department in which the 
        Coast Guard is operating, the Council shall be self-governing. 
        The Council shall hold its first meeting not later than 60 days 
        after the date on which all members of the Council have been 
        appointed, and shall hold meetings thereafter no less 
        frequently than once each year.
            ``(3) Transparency.--The Council shall--
                    ``(A) conduct the operations of the Council in 
                public, to the maximum extent practicable;
                    ``(B) make the work products the Council adopts 
                available to the public;
                    ``(C) hold at least 1 meeting each year that is 
                open to the public, for which notice has been provided 
                at least 30 days before the date of the meeting; and
                    ``(D) maintain a public website containing, at a 
                minimum--
                            ``(i) recommendations made by the Council, 
                        and information as to whether or not the 
                        recommendations were adopted, and, if not, an 
                        explanation of why they were not adopted;
                            ``(ii) a description of plans under review, 
                        without disclosing any confidential or 
                        privileged information;
                            ``(iii) a statement of industry standards; 
                        and
                            ``(iv) an interactive component that 
                        permits the public to submit questions and 
                        comments and to report problems.
            ``(4) Conflicts of interest.--An individual selected as a 
        voting member of the Council may not engage in any activity 
        that may conflict with the execution of the functions or duties 
        of the individual as a Council member.
    ``(e) Duties.--
            ``(1) In general.--The Council shall, with regard to 
        facilities and tank vessels in, and on the coast of, the Gulf 
        of Mexico--
                    ``(A) with regard to facilities and tank vessels 
                in, and on the coast of, the Gulf of Mexico--
                            ``(i) provide comprehensive oversight and 
                        monitoring of policies, permits, operations, 
                        and regulations relating to the activities, 
                        operation, and maintenance of the facilities 
                        and tank vessels;
                            ``(ii) monitor the environmental impacts of 
                        the operation of the facilities and tank 
                        vessels;
                            ``(iii) monitor oil spill prevention and 
                        response plans, including plans relating to 
                        blowout prevention and response, for the 
                        facilities and tank vessels; and
                            ``(iv) recommend standards and conditions 
                        for regulations intended to ensure the safe and 
                        environmentally sound operation and maintenance 
                        of the facilities and tank vessels;
                    ``(B) provide recommendations for, and otherwise 
                assist, any oil spill recovery or spill research 
                institute established for the Gulf of Mexico; and
                    ``(C) conduct such other activities within the 
                authority and scope of the Council as the Council 
                considers appropriate.
            ``(2) Geographic scope.--The Council shall carry out the 
        duties described in paragraph (1) in a manner that, to the 
        maximum extent practicable, covers all activities of facilities 
        and tank vessels occurring in the Gulf of Mexico.
    ``(f) Standing Committees.--The Council may create standing 
committees as necessary to carry out the duties described in subsection 
(e), including--
            ``(1) a scientific and technical committee;
            ``(2) an environmental monitoring committee;
            ``(3) an oil spill prevention and response committee;
            ``(4) an offshore committee for monitoring activities in 
        water that is more than 500 feet in depth;
            ``(5) a near-shore committee for monitoring activities in 
        water that is 500 feet or less in depth;
            ``(6) an information and education committee; and
            ``(7) a committee on social impact assessments with respect 
        to prevention, mitigation, and response.
    ``(g) Temporary Committees.--
            ``(1) In general.--In addition to the standing committees 
        authorized to be created in subsection (f), the Council may 
        create temporary committees as necessary to carry out the 
        duties of the Council relating to--
                    ``(A) the blowout and explosion of the mobile 
                offshore drilling unit Deepwater Horizon that occurred 
                on April 20, 2010; and
                    ``(B) the resulting hydrocarbon releases into the 
                environment, including temporary committees relating 
                to--
                            ``(i) public and occupational health; and
                            ``(ii) assessment and monitoring of 
                        environmental, social, and economic impacts.
            ``(2) Dissolution.--If a \5/6\ majority of the Council 
        votes to discontinue activities relating to the incidents 
        described in paragraph (1), any temporary committee established 
        under paragraph (1) shall dissolve within 60 days after the 
        date of the vote.
    ``(h) Estoppel.--
            ``(1) In general.--The Council shall not be liable under 
        Federal or State law for costs or damages as a result of 
        rendering recommendations under this section.
            ``(2) Advice.--Any advice given by a voting member of the 
        Council, or by a program representative or agent, shall not be 
        grounds for estopping those interests represented by the voting 
        Council members from seeking damages or other appropriate 
        relief.
    ``(i) Information From Federal Agencies and Industry.--
            ``(1) In general.--The Council may request directly from 
        any Federal agency (as defined in section 1004 of the Solid 
        Waste Disposal Act (42 U.S.C. 6903)) (referred to in this 
        section as a `Federal agency') information, suggestions, 
        estimates, and statistics for the purposes of this section.
            ``(2) Agency cooperation.--
                    ``(A) In general.--Effective beginning 180 days 
                after the date of the enactment of this section, each 
                Federal agency shall, with respect to all permits, 
                site-specific regulations, and other matters governing 
                the activities and actions within the purview of the 
                Council, consult with the Council prior to taking 
                substantive action with respect to the permit, site-
                specific regulation, or other matter.
                    ``(B) Review.--The consultation shall be carried 
                out in a manner that enables the Council--
                            ``(i) to review the permit, site-specific 
                        regulation, or other matters; and
                            ``(ii) to make appropriate recommendations 
                        regarding operations, policy, or agency 
                        actions.
                    ``(C) Emergencies.--Prior consultation shall not be 
                required under this paragraph if an authorized Federal 
                agency representative reasonably believes that an 
                emergency exists requiring action without delay.
                    ``(D) Information.--Each Federal agency shall, on 
                the request of the Council and to the extent authorized 
                by law--
                            ``(i) except as provided in clause (ii), 
                        furnish information, suggestions, estimates, 
                        and statistics directly to the Council; and
                            ``(ii) in the case of sensitive security 
                        information, furnish such information to 
                        members of the Council authorized to receive 
                        such information.
            ``(3) Access.--The Council shall have access to--
                    ``(A) facilities and nonproprietary records of the 
                oil and gas industry that are relevant to the proper 
                execution of the duties of the Council under this 
                section; and
                    ``(B) records containing proprietary information 
                if--
                            ``(i) the records are relevant to the 
                        proper execution of the duties of the Council 
                        under this section; and
                            ``(ii) the proprietary information is 
                        redacted to the extent necessary and 
                        appropriate.
    ``(j) Council Research.--In carrying out this section, the 
Council--
            ``(1) may conduct applicable scientific research; and
            ``(2) shall review applicable scientific work undertaken by 
        or on behalf of--
                    ``(A) the energy industry;
                    ``(B) the conservation community; or
                    ``(C) government agencies.
    ``(k) Council Recommendations.--
            ``(1) In general.--All recommendations of the Council shall 
        be advisory only.
            ``(2) Recommendations.--If a government agency, responsible 
        party, or other owner or operator, lessee, or permittee 
        (referred to in this paragraph as the `covered individual or 
        entity') decides not to accept, or decides to substantially 
        modify before adoption, a recommendation of the Council, the 
        covered individual or entity shall provide to the Council, not 
        later than 10 days after the date of the decision of the 
        covered individual or entity, a written notice of the decision 
        and a summary of reasons for the rejection or substantial 
        modification of the recommendation by the covered individual or 
        entity.
    ``(l) Location and Compensation.--
            ``(1) Office locations.--The Council shall establish 
        offices in 1 or more Gulf States, as the Council determines to 
        be necessary and appropriate to the operations of the Council.
            ``(2) Per diem authorization.--A member of the Council may 
        not be compensated for service on the Council, but shall be 
        allowed travel expenses, including per diem, at a rate 
        established by the Council, not to exceed the rates authorized 
        for employees of agencies under sections 5702 and 5703 of title 
        5, United States Code (except by express authorization of the 
        Council in any case in which the rates are inadequate to 
        reimburse a member not eligible for travel rates of the Federal 
        Government).
    ``(m) Reports.--
            ``(1) GAO reports.--Not later than 3 years after the date 
        of establishment of the Council and every 3 years thereafter, 
        the Comptroller General of the United States shall submit to 
        the President and Congress a report covering the operations and 
        expenditures of the Council in carrying out this section, 
        including any recommendations.
            ``(2) Biennial reports to congress.--Every 2 years, the 
        Council shall submit a report to Congress on--
                    ``(A) the achievement of safe operations in the 
                Gulf of oil and gas activities;
                    ``(B) unresolved problems and concerns with 
                operations, activities, and plans; and
                    ``(C) the operations and expenditures, needs, 
                issues, and recommendations of the Council.
            ``(3) Annual audits.--
                    ``(A) In general.--The Council shall--
                            ``(i) commission an annual independent 
                        financial statement audit by an independent 
                        accounting firm; and
                            ``(ii) publish the results of the audits in 
                        a publicly available annual report.
                    ``(B) Biennial reports.--The audits shall be 
                incorporated into the reports to Congress required by 
                paragraph (2).
    ``(n) Suits Barred.--No program, association, council, committee, 
or other organization created by this section may sue any public or 
private person or entity concerning any matter arising under this 
section other than the performance of a contract.
    ``(o) Operational and Administrative Funding.--Owners or operators 
of tank vessels, onshore facilities, or offshore facilities, lessees, 
and permittees in the Gulf of Mexico shall provide, on an annual basis, 
an aggregate amount of not more than $10,000,000, as determined by the 
Secretary of the department in which the Coast Guard is operating, that 
shall--
            ``(1) provide for the establishment and operation of the 
        Council (including standing committees and any temporary 
        committees); and
            ``(2) be adjusted annually to reflect changes in the 
        Consumer Price Index in the Gulf of Mexico region.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by adding 
at the end of the items relating to subtitle A of title IV the 
following:

``Sec. 4119. Gulf of Mexico Regional Citizens' Advisory Council.''.

SEC. 211. ARCTIC REGIONAL CITIZENS' ADVISORY COUNCIL.

    (a) In General.--Subtitle A of title IV of the Oil Pollution Act of 
1990 (Public Law 101-380), as amended by section 210 of this Act, is 
further amended by adding at the end the following:

``SEC. 4120. ARCTIC REGIONAL CITIZENS' ADVISORY COUNCIL.

    ``(a) Establishment.--There is established an Arctic Regional 
Citizens' Advisory Council.
    ``(b) Mission.--The mission of the Council is--
            ``(1) to advise the Administrator of the Environmental 
        Protection Agency, the Commandant of the Coast Guard, the 
        Secretary of Commerce, and the Secretary of the Interior; and
            ``(2) to represent the citizens that live in the coastal 
        areas of the Beaufort and Chukchi seas in promoting 
        environmentally safe exploration, development, and production 
        of oil and gas and to mitigate impacts to subsistence 
        activities and resources.
    ``(c) Membership.--The Council shall be composed of voting members 
and nonvoting members, as follows:
            ``(1) Voting members.--There shall be 7 voting members of 
        the Council as follows:
                    ``(A) The mayor of the North Slope Borough.
                    ``(B) The president of Arctic Slope Regional 
                Corporation.
                    ``(C) The mayor of the Northwest Arctic Borough.
                    ``(D) The president of NANA Regional Corporation.
                    ``(E) The chairman of the Alaska Eskimo Whaling 
                Commission.
                    ``(F) The chairman of the Nanuuq Commission.
                    ``(G) The chairman of the Beluga Commission.
            ``(2) Nonvoting members.--One ex-officio, nonvoting 
        representative shall be designated by, and represent, each of 
        the following:
                    ``(A) The United States Coast Guard.
                    ``(B) The Environmental Protection Agency.
                    ``(C) The National Oceanic and Atmospheric 
                Administration.
                    ``(D) The United States Fish and Wildlife Service.
                    ``(E) The Bureau of Ocean Energy Management, 
                Regulation and Enforcement.
                    ``(F) The Alaska Department of Natural Resources.
                    ``(G) The Alaska Department of Environmental 
                Conservation.
                    ``(H) The Alaska Department of Fish and Game.
            ``(3) Alternates.--The vice-chairman, vice president, or 
        acting mayor, as applicable, of each organization listed in 
        paragraph (1) may act as a voting member of the Council at any 
        meeting if the chairman, president, or mayor, as applicable, 
        from such organization is unable to attend.
    ``(d) Duration of Council.--The Council's duration shall be 
throughout the lifetime of energy exploration, development, production 
and transportation and decommissioning in the waters adjacent to 
Alaska's North Slope.
    ``(e) Administration.--
            ``(1) In general.--The Council shall--
                    ``(A) elect a chairperson;
                    ``(B) select staff; and
                    ``(C) make policies with regard to its internal 
                operating procedures.
            ``(2) Self-governance.--After the initial organizational 
        meeting hosted by the Secretary of the department in which the 
        Coast Guard is operating, the Council shall be self-governing.
            ``(3) Transparency.--The Council shall--
                    ``(A) conduct its operations in public, to the 
                extent practicable; and
                    ``(B) shall make the work products it adopts 
                available to the public.
    ``(f) Duties.--
            ``(1) In general.--The Council shall, with regard to 
        facilities, including vessels and pipelines, and other 
        infrastructure related to oil and gas exploration, development, 
        and production in the Chukchi and Beaufort Seas--
                    ``(A) provide comprehensive oversight and 
                monitoring of policies, permits, and regulations 
                relating to oil and gas exploration, development, and 
                production--
                            ``(i) to monitor the environmental impacts 
                        of the operation of such activities;
                            ``(ii) to monitor oil spill prevention and 
                        response plans, including plans relating to 
                        blowout prevention and response; and
                            ``(iii) to recommend standards and 
                        conditions for regulations intended to ensure 
                        the safe and environmentally sound operation 
                        and maintenance of such activities; and
                    ``(B) advise Federal agencies on the impact of 
                exploration, development, and production on subsistence 
                activities and species, including--
                            ``(i) the appropriate location and timing 
                        of development activities in relation to the 
                        various species' migrations;
                            ``(ii) modifications to specific 
                        development proposals to enable compliance with 
                        the subsistence standards in the Marine Mammal 
                        Protection Act of 1972 (16 U.S.C. 1361 et 
                        seq.); and
                            ``(iii) marine mammal research needs in 
                        relation to development and marine impacts; and
                    ``(C) conduct such other activities within the 
                Council's authority and scope as it deems appropriate.
            ``(2) Geographic scope.--The Council shall carry out the 
        duties described in paragraph (1) in a manner that, to the 
        maximum extent practicable, covers all potential impacts from 
        oil and gas activities in the Beaufort and Chukchi Seas, 
        including impacts from pipelines and shore-based facilities, 
        except to the extent that such activities are already subject 
        to the permitting authority of the North Slope Borough or 
        Northwest Arctic Borough.
            ``(3) Meetings.--
                    ``(A) Participation by owners and operators.--At 
                the request of the Council, an owner or operator of an 
                energy development facility, operation, or activity in 
                the Arctic shall participate in good faith in a meeting 
                of the Council.
                    ``(B) Open meetings.--All meetings of the Council 
                shall be open to the public.
                    ``(C) Notice.--Timely public notice of each regular 
                meeting of the Council (including the time, place, and 
                agenda of the meeting) shall be--
                            ``(i) published in--
                                    ``(I) local newspapers in the 
                                region; and
                                    ``(II) the Federal Register; and
                            ``(ii) provided by such other means as 
                        would sufficiently publicize the meeting, as 
                        determined by the Council.
    ``(g) Committees and Scientific Advisory Panel.--The Council may 
create standing or temporary committees, or appoint a scientific 
advisory panel, as necessary to carry out the duties described in 
subsection (f).
    ``(h) Estoppel.--
            ``(1) In general.--The Council is not liable under State or 
        Federal law for costs or damages as a result of rendering 
        recommendations under this section.
            ``(2) Advice.--Any advice given by a voting member of the 
        Council, or by a program representative or agent, be grounds 
        for estopping those interests represented by the voting Council 
        members from seeking damages or other appropriate relief.
    ``(i) Information From Federal Agencies and Industry.--
            ``(1) In general.--The Council may request directly from 
        any Federal agency (as defined in section 1004 of the Solid 
        Waste Disposal Act (42 U.S.C. 6903)) (referred to in this 
        section as a `Federal agency') information, suggestions, 
        estimates, and statistics for the purposes of this section.
            ``(2) Agency cooperation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), effective beginning 180 days after 
                the date of the enactment of the SHORE Act, each 
                Federal agency shall, with respect to all permits, 
                site-specific regulations, and other matters governing 
                the activities and actions falling within the purview 
                of the Council, consult with the Council prior to 
                taking substantive action with respect to the permit, 
                site-specific regulation, or other matter.
                    ``(B) Review.--Such consultation shall be carried 
                out with a view to enabling the Council--
                            ``(i) to review the permit, site-specific 
                        regulation, or other matters; and
                            ``(ii) to make appropriate recommendations 
                        regarding operations, policy or agency actions.
                    ``(C) Emergencies.--No prior consultation shall be 
                required under this paragraph if an authorized Federal 
                agency representative reasonably believes that an 
                emergency exists requiring action without delay.
                    ``(D) Information.--Each Federal agency shall, upon 
                the request of the Council, to the extent authorized by 
                law, furnish information, suggestions, estimates, and 
                statistics directly to the Council.
            ``(3) Access.--The Council and any staff of the Council 
        shall have access to oil and gas industry facilities and 
        records that are necessary to the proper execution of the 
        Council's duties under this section. The Council's right of 
        access to industry records and facilities shall be the same as 
        that enjoyed by the nonvoting members of the Council or other 
        agencies having regulatory authority over the activities or 
        facilities at issue. Any confidential or proprietary 
        information provided to the Council under this paragraph shall 
        be held in the strictest confidence and subject to a reasonable 
        written confidentiality agreement furnished by the party 
        providing the information.
    ``(j) Council Research.--In carrying out this section, the Council 
or a scientific advisory panel appointed by the Council, at the 
Council's request--
            ``(1) may conduct applicable scientific research; and
            ``(2) shall review applicable scientific work undertaken by 
        or on behalf of--
                    ``(A) the energy industry;
                    ``(B) the conservation community; or
                    ``(C) government agencies.
    ``(k) Council Recommendations.--
            ``(1) In general.--All recommendations of the Council shall 
        be advisory only.
            ``(2) Recommendations.--If a government agency, responsible 
        party, or other owner or operator, lessee, or permittee 
        (referred to in ths paragraph as a `covered individual or 
        entity') decides not to accept, or decides to substantially 
        modify prior to adoption, a recommendation of the Council, the 
        covered individual or entity shall provide to the Council, not 
        later than 30 days after the date of the decision of the 
        covered individual or entity, written notice of the decision 
        and a summary of reasons for the rejection or substantial 
        modification of the recommendation by the covered individual or 
        entity.
    ``(l) Location and Compensation.--
            ``(1) Office locations.--The Council shall establish 
        offices within a coastal community located on the North Slope 
        of Alaska.
            ``(2) Per diem authorization.--A member of the Council may 
        not be compensated for service on the Council, but shall be 
        allowed travel expenses, including per diem, at a rate 
        established by the Council, not to exceed the rates authorized 
        for employees of agencies under sections 5702 and 5703 of title 
        5, United States Code (except by express authorization of the 
        Council in any case in which such rates are inadequate to 
        reimburse a member not eligible for travel rates of the Federal 
        Government).
    ``(m) Reports.--
            ``(1) GAO reports.--Not later than 3 years after the date 
        of the establishment of the Council and every 3 years 
        thereafter, the Comptroller General of the United States shall 
        submit to the President and Congress a report covering the 
        operations and expenditures of the Council in carrying out this 
        section, including any recommendations of the Comptroller 
        General.
            ``(2) Biennial reports to congress.--Not later than 2 years 
        after the date of the establishment of the Council and every 2 
        years thereafter, the Council shall submit to Congress a report 
        on--
                    ``(A) the achievement of safe operations of oil and 
                gas activities in the Arctic Ocean; and
                    ``(B) the operations, expenditures, needs, 
                problems, issues, and recommendations of the Council.
            ``(3) Annual audits.--The Council shall--
                    ``(A) commission an annual independent financial 
                statement audit by an independent accounting firm;
                    ``(B) publish the results of such audits in a 
                publicly available annual report; and
                    ``(C) include each such audit in the reports to 
                Congress required by paragraph (2).
    ``(n) Suits Barred.--No program, association, council, committee, 
or other organization created by this section may sue any person or 
entity, public or private, concerning any matter arising under this 
section, except for the performance of contracts.
    ``(o) Operational and Administrative Funding.--
            ``(1) In general.--Owners or operators of offshore 
        facilities, lessees, and permittees in the Beaufort and Chukchi 
        Seas shall provide, on an annual basis, an aggregate amount of 
        not less than $5,000,000, as determined by the Secretary of the 
        department in which the Coast Guard is operating, which shall--
                    ``(A) provide for the establishment and operation 
                of the Council, its standing committees, and any 
                temporary committees it may establish;
                    ``(B) be adjusted annually by the Consumer Price 
                Index in Alaska; and
                    ``(C) be reduced, by not more than a total of 
                $2,000,000 annually, for such owners or operators that 
                partner with organizations established pursuant to the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
                seq.).
            ``(2) Supplemental resources.--The provision of funding 
        under paragraph 1 shall not preclude the Council from obtaining 
        funding from other sources and using such funds for any purpose 
        not expressly prohibited by the bylaws of the Council or this 
        section.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 is amended by adding at the end of the items 
relating to subtitle A of title IV the following:

``Sec. 4120. Arctic Regional Citizens' Advisory Council.''.

SEC. 212. VESSEL LIABILITY.

    (a) In General.--Section 1004(a) of the Oil Pollution Act of 1990 
(33 U.S.C. 2704(a)) is amended by striking paragraph (1) and inserting 
the following:
            ``(1) for a vessel that is--
                    ``(A) a tank ship that is a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $3,300 per gross ton or 
                $93,600,000, whichever is greater;
                    ``(B) a tank ship that is a double-hull vessel, 
                $1,900 per gross ton or $16,000,000, whichever is 
                greater;
                    ``(C) a tank barge that is a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $7,000 per gross ton or 
                $29,100,000, whichever is greater; or
                    ``(D) a tank barge that is a double-hull vessel, 
                $7,000 per gross ton or $10,000,000, whichever is 
                greater;''.
    (b) Definitions.--Section 1001(34) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(34)) is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively;
            (2) by striking ```tank vessel' means'' and inserting ``(A) 
        `tank vessel' means''; and
            (3) by inserting at the end the following:
            ``(B) `tank barge' means a non-self-propelled tank vessel; 
        and
            ``(C) `tank ship' means a self-propelled tank vessel;''.

SEC. 213. COAST GUARD RESEARCH AND DEVELOPMENT.

    Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)(A)) is amended--
            (1) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''; and
            (2) by striking the semicolon at the end and inserting ``, 
        of which amount not less than 40 percent shall be used to 
        conduct research, development, and evaluation of oil spill 
        response and removal technologies and methods;''.

SEC. 214. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE CASUALTIES.

    Section 6101 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(j) Notice to States and Tribal Governments.--
            ``(1) Requirement to notify.--Not later than 1 hour after 
        receiving a report of a marine casualty under this section, the 
        Secretary shall forward the report to each appropriate State 
        agency and tribal government of an Indian tribe (as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b)) that has jurisdiction 
        concurrent with the United States or adjacent to waters in 
        which the marine casualty occurred.
            ``(2) Appropriate state agency.--Each State shall identify 
        for the Secretary the appropriate State agency to receive a 
        report under paragraph (1). Such agency shall be responsible 
        for forwarding appropriate information related to such report 
        to local and tribal governments within the State.''.

SEC. 215. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

    (a) In General.--In any response to an oil spill in which the 
Commandant of the Coast Guard serves as the Federal On-Scene 
Coordinator leading a Unified Command, the Commandant shall, on a 
publicly accessible website, publish all written Incident Action Plans 
prepared and approved as a part of the response to such oil spill.
    (b) Timeliness and Duration.--The Commandant shall--
            (1) publish each Incident Action Plan pursuant to 
        subsection (a) promptly after such Plan is approved for 
        implementation by the Unified Command, and in no event later 
        than 12 hours into the operational period for which such Plan 
        is prepared; and
            (2) ensure that such plan remains publicly accessible by 
        website for the duration of the response to the oil spill.
    (c) Redaction of Personal Information.--The Commandant may redact 
information from an Incident Action Plans published pursuant to 
subsection (a) to the extent necessary to comply with applicable 
privacy laws and other requirements regarding personal information.

            TITLE III--OTHER MATTERS RELATING TO OIL SPILLS

SEC. 301. COORDINATION OF FEDERAL AND STATE ACTIVITIES WITH RESPECT TO 
              OIL SPILL SURVEYS.

    (a) Development of National Protocols for Oil Spill Surveys.--Not 
later than 270 days after the date of the enactment of this Act, the 
Under Secretary for Oceans and Atmosphere shall, in coordination with 
the Secretary of Homeland Security, the Administrator of the 
Environmental Protection Agency, and the heads of such departments and 
agencies of State governments as the Under Secretary considers 
appropriate, develop standard national protocols for oil spill response 
and clean up assessments to promote consistent procedures for 
collecting shoreline characterization data and to ensure that the 
format and resolution of such data are consistent with the needs of 
coastal states. Such protocols shall, to the extent practicable, 
encourage the use of electronic methods of data collection.
    (b) Guidance and Tools for Application of National Protocols for 
Oil Spill Surveys.--The Under Secretary shall develop guidance and 
tools for oil spill responders and offer instructional courses to 
ensure that the protocols developed under subsection (a) are used 
during oil spill responses in the waters of the United States.

SEC. 302. COORDINATION BETWEEN NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION, COAST GUARD, AND DEPARTMENT OF INTERIOR 
              ON OIL SPILL MATTERS.

    (a) Outer Continental Shelf Leasing Program.--Section 18 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
            (1) in subsection (c)(1), by inserting ``the Secretary of 
        Commerce, the Secretary of the department in which the Coast 
        Guard is operating, and'' before ``the Attorney General,''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``program,'' in 
                the first sentence and all that follows through the end 
                of the paragraph and inserting ``program--
                    ``(A) the Attorney General may, after consultation 
                with the Federal Trade Commission, submit comments on 
                the anticipated effects of the proposed program on 
                competition;
                    ``(B) the Secretary of Commerce may submit comments 
                on the anticipated effects of the proposed program on 
                the human, marine, and coastal environments, including 
                the likelihood of occurrence and potential severity of 
                spills and chronic pollution;
                    ``(C) the Secretary of the department in which the 
                Coast Guard is operating may submit comments on the 
                adequacy of the response capabilities of the Federal 
                Government for spills and chronic pollution that may 
                occur as a result of the proposed program; and
                    ``(D) any State, local government, or other person 
                may submit comments and recommendations as to any 
                aspect of the proposed program.''; and
                    (B) in the second sentence in paragraph (2), by 
                striking ``Attorney General'' and inserting ``Attorney 
                General, the Secretary of Commerce, the Secretary of 
                the department in which the Coast Guard is 
                operating,''.
    (b) Environmental Studies.--Section 20(f) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346(f)) is amended to read as follows:
    ``(f) Utilization of capabilities of Department of Commerce.--
            ``(1) In general.--In executing the Secretary's 
        responsibilities under this section, the Secretary shall, to 
        the maximum extent practicable, enter into appropriate 
        arrangements to utilize on a reimbursable basis the 
        capabilities of the Department of Commerce. In carrying out 
        such arrangements, the Secretary of Commerce is authorized to 
        enter into contracts or grants with any person, organization, 
        or entity with funds appropriated to the Secretary of the 
        Interior pursuant to this Act.
            ``(2) National oceanic and atmospheric administration.--
                    ``(A) In general.--In addition to any other 
                requirement under law, the Secretary shall, prior to 
                the approval of any program, lease, exploration plan, 
                or development and production plan, consult with the 
                Administrator of the National Oceanic and Atmospheric 
                Administration (referred to in this paragraph as the 
                `Administrator') on the reasonably foreseeable adverse 
                effects of the proposed action to ocean and coastal 
                resources, including oil spills.
                    ``(B) Initiation of consultation.--
                            ``(i) In general.--The Secretary shall 
                        initiate consultation under subparagraph (A) at 
                        the earliest practicable time, but in no case 
                        later than 90 days before the date of approval 
                        of the proposed action.
                            ``(ii) Provision of information.--On the 
                        initiation of consultation, the Secretary shall 
                        provide the Administrator with information 
                        describing the nature, location, and duration 
                        of the proposed action, and a description of 
                        all reasonably foreseeable adverse effects to 
                        ocean and coastal resources.
                    ``(C) Alternatives.--
                            ``(i) In general.--At any time prior to the 
                        date that is 45 days before the approval of the 
                        proposed action, the Administrator may 
                        recommend alternatives to any proposed action, 
                        including measures that will prevent or 
                        minimize reasonably foreseeable adverse effects 
                        to ocean and coastal resources.
                            ``(ii) Secretarial action.--The Secretary 
                        shall incorporate into the approval for the 
                        proposed action the alternatives or mitigation 
                        measures recommended under clause (i), unless 
                        the Secretary--
                                    ``(I) determines that the 
                                alternatives or mitigation measures are 
                                not necessary to prevent or minimize 
                                reasonably foreseeable adverse effects 
                                to marine and coastal resources; and
                                    ``(II) notifies the Administrator 
                                in writing of the reasons for that 
                                decision.''.

SEC. 303. FEDERAL OIL SPILL RESEARCH COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the Federal Oil Spill Research Committee.
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of 
        members selected by the Under Secretary for Oceans and 
        Atmosphere to represent--
                    (A) the National Oceanic and Atmospheric 
                Administration;
                    (B) the Coast Guard;
                    (C) the Environmental Protection Agency;
                    (D) the national laboratories; and
                    (E) such other Federal agencies as the Under 
                Secretary considers appropriate.
            (2) Chairperson.--The Under Secretary shall designate a 
        Chairperson from among members of the Committee who represent 
        the National Oceanic and Atmospheric Administration.
    (c) Duties of the Committee.--
            (1) Research.--The Committee shall--
                    (A) coordinate a comprehensive program of oil 
                pollution research, technology development, and 
                demonstration among the Federal agencies, in 
                cooperation and coordination with industry, 
                universities, research institutions, national 
                laboratories, State and local governments, tribal 
                governments, and other nations, as the Committee 
                considers appropriate; and
                    (B) foster cost-effective research mechanisms, 
                including the joint funding of research.
            (2) Reports on current state of oil spill prevention and 
        response capabilities.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Committee shall 
                submit to Congress a report on the current state of oil 
                spill prevention and response capabilities that--
                            (i) identifies current research programs 
                        and ocean observation activities and ocean 
                        observation activities conducted by 
                        governments, regional information coordination 
                        entities and other non-Federal assets, regional 
                        information coordination entities and other 
                        non-Federal assets, universities, and corporate 
                        entities;
                            (ii) assesses the current status of 
                        knowledge on oil pollution prevention, 
                        response, and mitigation technologies;
                            (iii) establishes national research 
                        priorities and goals for oil pollution 
                        technology development related to prevention, 
                        response, mitigation, and environmental 
                        effects;
                            (iv) identifies regional oil pollution 
                        research and observing needs and priorities for 
                        a coordinated program of research at the 
                        regional level developed in consultation with 
                        State and local governments and tribes;
                            (v) assesses the current state of spill 
                        response equipment, and determines areas in 
                        need of improvement including amount, age, 
                        quality, effectiveness, or necessary 
                        technological improvements;
                            (vi) assesses the current state of real 
                        time data available to mariners, including 
                        water level, currents and weather information 
                        and predictions, and assesses whether lack of 
                        timely information increases the risk of oil 
                        spills;
                            (vii) assesses the capacity of the National 
                        Oceanic and Atmospheric Administration to 
                        respond to, and restore, and rehabilitate 
                        marine sanctuaries, monuments, sea turtles, and 
                        other protected species;
                            (viii) establishes goals for improved oil 
                        spill prevention and response upon which to 
                        target research for the following 5-year period 
                        before the next report is submitted under 
                        subparagraph (B); and
                            (ix) includes such recommendations as the 
                        Committee considers appropriate.
                    (B) Quinquennial updates.--The Committee shall 
                submit a report every fifth year after its first report 
                under subparagraph (A) updating the information 
                contained in its previous report under this paragraph.
    (d) Research and Development Program.--
            (1) In general.--In carrying out its duties under 
        subsection (c)(1), the Committee shall establish a program for 
        conducting oil pollution research and development.
            (2) Program elements.--The program established under 
        paragraph (1) shall provide for research, development, and 
        demonstration of new or improved technologies which are 
        effective in preventing, detecting, or mitigating oil 
        discharges and which protect the environment, and include the 
        following:
                    (A) High priority research areas described in the 
                report.
                    (B) Direct and indirect environmental effects of 
                acute and chronic oil spills on marine resources, 
                including impacts on marine sanctuaries, monuments, 
                other protected areas, marine mammals, sea turtles, and 
                other protected species.
                    (C) Monitoring, modeling, and understanding the 
                near and long-term effects of major spills and long-
                term cumulative effects of smaller endemic spills.
                    (D) New technologies to detect accidental or 
                intentional overboard discharges.
                    (E) Mechanical response capabilities, such as 
                improved booms, oil skimmers, and storage capacity.
                    (F) Methods to respond to, restore, and 
                rehabilitate natural resources and ecosystem health and 
                services damaged by oil discharges, including impacts 
                on marine sanctuaries, monuments, other protected 
                areas, marine mammals, sea turtles, and other protected 
                species.
                    (G) Research and training, in consultation with the 
                National Response Team, to improve industry's and 
                Government's ability to remove an oil discharge quickly 
                and effectively.
            (3) Implementation plan.--
                    (A) In general.--Not later than 180 days after 
                submitting the report to Congress under subsection 
                (c)(2)(A), the Committee shall submit to Congress a 
                plan for the implementation of the program required by 
                paragraph (1).
                    (B) Assessment by national academy of sciences.--
                The Chairperson shall, acting through the National 
                Oceanic and Atmospheric Administration, contract with 
                the National Academy of Sciences to--
                            (i) provide advice and guidance in the 
                        preparation and development of the plan 
                        required by subparagraph (A); and
                            (ii) assess the adequacy of the plan as 
                        submitted, and submit a report to Congress on 
                        the conclusions of such assessment.
    (e) Grant Program in Support of Research and Development Program.--
            (1) In general.--The Under Secretary shall, in consultation 
        with the National Science Foundation, manage a program of 
        competitive grants to universities or other research 
        institutions, or groups of universities or research 
        institutions (including national laboratories), for the 
        purposes of conducting the program established under subsection 
        (d).
            (2) Applications and conditions.--In conducting the 
        program, the Under Secretary--
                    (A) shall establish a notification and application 
                procedure;
                    (B) may establish such conditions and require such 
                assurances as may be appropriate to ensure the 
                efficiency and integrity of the grant program; and
                    (C) may make grants under the program on a matching 
                or nonmatching basis.
    (f) Advice and Guidance.--The Committee shall accept comments and 
input from State and local governments, Indian tribes, industry 
representatives, and other stakeholders in carrying out its duties 
under subsection (c).
    (g) Facilitation.--The Committee may develop memoranda of agreement 
or memoranda of understanding with universities, national laboratories, 
State and local governments, or other entities to facilitate the 
research program required by subsection (d).
    (h) Annual Reports.--The Chairperson of the Committee shall submit 
an annual report to Congress on the activities carried out under this 
section in the preceding fiscal year, and on activities proposed to be 
carried out under this section in the current fiscal year.
    (i) Committee Replaces Existing Authority.--The authority provided 
by this section supersedes the authority provided by section 7001 of 
the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of 
the Interagency Committee on Oil Pollution Research under subsection 
(a) of that section, and that Committee shall cease operations and 
terminate on the date of the enactment of this Act.

SEC. 304. AUTHORITY OF SECRETARY OF TRANSPORTATION.

    Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
1321) is amended--
            (1) by striking ``operating'' in subsection (b)(6)(A) and 
        inserting ``operating, the Secretary of Transportation,''; and
            (2) in subsection (m)(2)--
                    (A) by striking ``Administrator'' in subparagraph 
                (A) and inserting ``Administrator, the Secretary of 
                Transportation,''; and
                    (B) by striking ``Administrator'' in subparagraph 
                (A) and inserting ``Administrator, the Secretary of 
                Transportation,''.

SEC. 305. INCREASED FUNDING FOR ENVIRONMENTAL OVERSIGHT AND MONITORING 
              BY THE COOK INLET AND PRINCE WILLIAM SOUND REGIONAL 
              CITIZENS' ADVISORY COUNCILS.

    Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C. 
2732(k)) is amended--
            (1) in paragraph (2), by striking ``$2,000,000'' and 
        inserting ``$3,500,000''; and
            (2) in paragraph (3), by striking ``not more than 
        $1,000,000'' and inserting ``not less than $2,000,000''.

            TITLE IV--CORAL REEF CONSERVATION ACT AMENDMENTS

SEC. 401. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Coral Reef 
Conservation Amendments Act of 2010''.

SEC. 402. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to or repeal 
of a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coral Reef Conservation 
Act of 2000 (16 U.S.C. 6401 et seq.).

SEC. 403. AGREEMENTS; REDESIGNATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended--
            (1) by redesignating section 208 (16 U.S.C. 6407) as 
        section 214;
            (2) by redesignating section 209 (16 U.S.C. 6408) as 
        section 215; and
            (3) by redesignating section 210 (16 U.S.C. 6409) as 
        section 216.

SEC. 404. EMERGENCY ASSISTANCE.

    Section 206 (16 U.S.C. 6405) is amended to read as follows:

``SEC. 206. EMERGENCY ASSISTANCE.

    ``The Secretary, in cooperation with the Federal Emergency 
Management Agency, as appropriate, may provide assistance to any State, 
local, or territorial government agency with jurisdiction over coral 
reef ecosystems to address any unforeseen or disaster-related 
circumstance pertaining to coral reef ecosystems.''.

SEC. 405. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

    Section 207 (16 U.S.C. 6406) is amended to read as follows:

``SEC. 207. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

    ``(a) Establishment of Account.--The Secretary shall establish an 
account (to be called the Emergency Response, Stabilization, and 
Restoration Account) in the Damage Assessment Restoration Revolving 
Fund established by the Department of Commerce Appropriations Act, 1991 
(33 U.S.C. 2706 note), for implementation of this subsection for 
emergency actions. Amounts appropriated for the Account under section 
219, and funds authorized by sections 213(d)(1)(C)(ii) and 
214(f)(3)(B), shall be deposited into the Account and made available 
for use by the Secretary as specified in sections 213 and 214.
    ``(b) Deposit and Investment of Certain Funds.--Any amounts 
received by the United States pursuant to sections 213(d)(1)(C)(ii) and 
212(f)(3)(B) shall be deposited into the Emergency Response, 
Stabilization and Restoration Account established under subsection (a). 
The Secretary of Commerce may request the Secretary of the Treasury to 
invest such portion of the Damage Assessment Restoration Revolving Fund 
as is not, in the judgment of the Secretary of Commerce, required to 
meet the current needs of the fund. Such investments shall be made by 
the Secretary of the Treasury in public debt securities, with 
maturities suitable to the needs of the fund, as determined by the 
Secretary of Commerce and bearing interest at rates determined by the 
Secretary of the Treasury, taking into consideration current market 
yields on outstanding marketable obligations of the United States of 
comparable maturity. Interest earned by such investments shall be 
available for use by the Secretary without further appropriation and 
remain available until expended.''.

SEC. 406. PROHIBITED ACTIVITIES.

    (a) In General.--The Act (16 U.S.C. 6401 et seq.) is amended by 
inserting after section 207 the following:

``SEC. 208. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

    ``(a) Provisions as Complementary.--The provisions of this section 
are in addition to, and shall not affect the operation of, other 
Federal, State, or local laws or regulations providing protection to 
coral reef ecosystems.
    ``(b) Destruction, Loss, Taking, or Injury.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        is unlawful for any person to destroy, take, cause the loss of, 
        or injure any coral reef or any component thereof.
            ``(2) Exceptions.--The destruction, loss, taking, or injury 
        of a coral reef or any component thereof is not unlawful if 
        it--
                    ``(A) was caused by the use of fishing gear used in 
                a manner permitted under the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) or other Federal or State law;
                    ``(B) was caused by an activity that is authorized 
                or allowed by Federal or State law (including lawful 
                discharges from vessels, such as graywater, cooling 
                water, engine exhaust, ballast water, or sewage from 
                marine sanitation devices), unless the destruction, 
                loss, or injury resulted from actions such as vessel 
                groundings, vessel scrapings, anchor damage, excavation 
                not authorized by Federal or State permit, or other 
                similar activities;
                    ``(C) was the necessary result of bona fide marine 
                scientific research (including marine scientific 
                research activities approved by Federal, State, or 
                local permits), other than excessive sampling or 
                collecting, or actions such as vessel groundings, 
                vessel scrapings, anchor damage, excavation, or other 
                similar activities;
                    ``(D) was caused by a Federal Government agency--
                            ``(i) during--
                                    ``(I) an emergency that posed an 
                                unacceptable threat to human health or 
                                safety or to the marine environment;
                                    ``(II) an emergency that posed a 
                                threat to national security; or
                                    ``(III) an activity necessary for 
                                law enforcement or search and rescue; 
                                and
                could not reasonably be avoided; or
                    ``(E) was caused by an action taken by the master 
                of the vessel in an emergency situation to ensure the 
                safety of the vessel or to save a life at sea.
    ``(c) Interference With Enforcement.--It is unlawful for any person 
to interfere with the enforcement of this title by--
            ``(1) refusing to permit any officer authorized to enforce 
        this title to board a vessel (other than a vessel operated by 
        the Department of Defense or United States Coast Guard) subject 
        to such person's control for the purposes of conducting any 
        search or inspection in connection with the enforcement of this 
        title;
            ``(2) resisting, opposing, impeding, intimidating, 
        harassing, bribing, interfering with, or forcibly assaulting 
        any person authorized by the Secretary to implement this title 
        or any such authorized officer in the conduct of any search or 
        inspection performed under this title; or
            ``(3) submitting false information to the Secretary or any 
        officer authorized to enforce this title in connection with any 
        search or inspection conducted under this title.
    ``(d) Violations of Title, Permit, or Regulation.--It is unlawful 
for any person to violate any provision of this title, any permit 
issued pursuant to this title, or any regulation promulgated pursuant 
to this title.
    ``(e) Possession and Distribution.--It is unlawful for any person 
to possess, sell, deliver, carry, transport, or ship by any means any 
coral taken in violation of this title.''.
    (b) Emergency Action Regulations.--The Secretary of Commerce shall 
initiate a rulemaking proceeding to prescribe the circumstances and 
conditions under which the exception in section 208(b)(2)(E) of the 
Coral Reef Conservation Act of 2000, as amended by subsection (a), 
applies and shall issue a final rule pursuant to that rulemaking as 
soon as practicable but not later than 1 year after the date of 
enactment of this Act. Nothing in this subsection shall be construed to 
require the issuance of such regulations before the exception provided 
by that section is in effect.

SEC. 407. DESTRUCTION OF CORAL REEFS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 208, as added by section 406 of this title, the following:

``SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

    ``(a) Liability.--
            ``(1) Liability to the united states.--Except as provided 
        in subsection (f), all persons who engage in an activity that 
        is prohibited under subsections (b) or (d) of section 208, or 
        create an imminent risk thereof, are liable, jointly and 
        severally, to the United States for an amount equal to the sum 
        of--
                    ``(A) response costs and damages resulting from the 
                destruction, loss, taking, or injury, or imminent risk 
                thereof, including damages resulting from the response 
                actions;
                    ``(B) costs of seizure, forfeiture, storage, and 
                disposal arising from liability under this section; and
                    ``(C) interest on that amount calculated in the 
                manner described in section 1005 of the Oil Pollution 
                Act of 1990 (33 U.S.C. 2705).
            ``(2) Liability in rem.--
                    ``(A) Any vessel used in an activity that is 
                prohibited under subsection (b) or (d) of section 208, 
                or creates an imminent risk thereof, shall be liable in 
                rem to the United States for an amount equal to the sum 
                of--
                            ``(i) response costs and damages resulting 
                        from such destruction, loss, or injury, or 
                        imminent risk thereof, including damages 
                        resulting from the response actions;
                            ``(ii) costs of seizure, forfeiture, 
                        storage, and disposal arising from liability 
                        under this section; and
                            ``(iii) interest on that amount calculated 
                        in the manner described in section 1005 of the 
                        Oil Pollution Act of 1990 (33 U.S.C. 2705).
                    ``(B) The amount of liability shall constitute a 
                maritime lien on the vessel and may be recovered in an 
                action in rem in any district court of the United 
                States that has jurisdiction over the vessel.
            ``(3) Defenses.--A person or vessel is not liable under 
        this subsection if that person or vessel establishes that the 
        destruction, loss, taking, or injury was caused solely by an 
        act of God, an act of war, or an act or omission of a third 
        party (other than an employee or agent of the defendant or one 
        whose act or omission occurs in connection with a contractual 
        relationship, existing directly or indirectly with the 
        defendant), and the person or master of the vessel acted with 
        due care.
            ``(4) No Limit to liability.--Nothing in sections 30501 
        through 30512 or section 30706 of title 46, United States Code, 
        shall limit liability to any person under this title.
    ``(b) Response Actions and Damage Assessment.--
            ``(1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction, loss, or taking of, or injury to, coral reefs, or 
        components thereof, or to minimize the risk or imminent risk of 
        such destruction, loss, or injury.
            ``(2) Damage assessment.--
                    ``(A) The Secretary shall assess damages (as 
                defined in section 216(8)) to coral reefs and shall 
                consult with State officials regarding response and 
                damage assessment actions undertaken for coral reefs 
                within State waters.
                    ``(B) There shall be no double recovery under this 
                chapter for coral reef damages, including the cost of 
                damage assessment, for the same incident.
    ``(c) Commencement of Civil Action for Response Costs and 
Damages.--
            ``(1) Commencement.--The Attorney General, upon the request 
        of the Secretary, may commence a civil action against any 
        person or vessel that may be liable under subsection (a) of 
        this section for response costs, seizure, forfeiture, storage, 
        or disposal costs, and damages, and interest on that amount 
        calculated in the manner described in section 1005 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2705). The Secretary, acting 
        as trustee for coral reefs for the United States, shall submit 
        a request for such an action to the Attorney General whenever a 
        person or vessel may be liable for such costs or damages.
            ``(2) Venue in civil actions.--A civil action under this 
        title may be brought in the United States district court for 
        any district in which--
                    ``(A) the defendant is located, resides, or is 
                doing business, in the case of an action against a 
                person;
                    ``(B) the vessel is located, in the case of an 
                action against a vessel;
                    ``(C) the destruction, loss, or taking of, or 
                injury to a coral reef, or component thereof, occurred 
                or in which there is an imminent risk of such 
                destruction, loss, or injury; or
                    ``(D) where some or all of the coral reef or 
                component thereof that is the subject of the action is 
                not within the territory covered by any United States 
                district court, such action may be brought either in 
                the United States district court for the district 
                closest to the location where the destruction, loss, 
                injury, or risk of injury occurred, or in the United 
                States District Court for the District of Columbia.
    ``(d) Use of Recovered Amounts.--
            ``(1) In general.--Any costs, including response costs and 
        damages recovered by the Secretary under this section shall--
                    ``(A) be deposited into an account or accounts in 
                the Damage Assessment Restoration Revolving Fund 
                established by the Department of Commerce 
                Appropriations Act, 1991 (33 U.S.C. 2706 note), or the 
                Natural Resource Damage Assessment and Restoration Fund 
                established by the Department of the Interior and 
                Related Agencies Appropriations Act, 1992 (43 U.S.C. 
                1474b), as appropriate given the location of the 
                violation;
                    ``(B) be available for use by the Secretary without 
                further appropriation and remain available until 
                expended; and
                    ``(C) be for use, as the Secretary considers 
                appropriate--
                            ``(i) to reimburse the Secretary or any 
                        other Federal or State agency that conducted 
                        activities under subsection (a) or (b) of this 
                        section for costs incurred in conducting the 
                        activity;
                            ``(ii) to be transferred to the Emergency 
                        Response, Stabilization and Restoration Account 
                        established under section 208(d) to reimburse 
                        that account for amounts used for authorized 
                        emergency actions; and
                            ``(iii) after reimbursement of such costs, 
                        to restore, replace, or acquire the equivalent 
                        of any coral reefs, or components thereof, 
                        including the reasonable costs of monitoring, 
                        or to minimize or prevent threats of equivalent 
                        injury to, or destruction of coral reefs, or 
                        components thereof.
            ``(2) Restoration considerations.--In development of 
        restoration alternatives under paragraph (1)(C), the Secretary 
        shall consider State and territorial preferences and, if 
        appropriate, shall prioritize restoration projects with 
        geographic and ecological linkages to the injured resources.
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed within 3 years after the date on which the Secretary completes a 
damage assessment and restoration plan for the coral reefs, or 
components thereof, to which the action relates.
    ``(f) Federal Government Activities.--In the event of threatened or 
actual destruction of, loss of, or injury to a coral reef or component 
thereof resulting from an incident caused by a component of any 
Department or agency of the United States Government, the cognizant 
Department or agency shall satisfy its obligations under this section 
by promptly, in coordination with the Secretary, taking appropriate 
actions to respond to and mitigate the harm and restoring or replacing 
the coral reef or components thereof and reimbursing the Secretary for 
all assessment costs.
    ``(g) Uniformed Service Officers and Employees.--No officer or 
employee of a uniformed service (as defined in section 101 of title 10, 
United States Code) shall be held liable under this section, either in 
such officer's or employee's personal or official capacity, for any 
violation of section 208 occurring during the performance of the 
officer's or employee's official governmental duties.
    ``(h) Contract Employees.--No contract employee of a uniformed 
service (as so defined), serving as vessel master or crew member, shall 
be liable under this section for any violation of section 208 if that 
contract employee--
            ``(1) is acting as a contract employee of a uniformed 
        service under the terms of an operating contract for a vessel 
        owned by a uniformed service, or a time charter for pre-
        positioned vessels, special mission vessels, or vessels 
        exclusively transporting military supplies and materials; and
            ``(2) is engaged in an action or actions over which such 
        employee has been given no discretion (e.g., anchoring or 
        mooring at one or more designated anchorages or buoys, or 
        executing specific operational elements of a special mission 
        activity), as determined by the uniformed service controlling 
        the contract.''.

SEC. 408. ENFORCEMENT.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 209, as added by section 407 of this title, the following:

``SEC. 210. ENFORCEMENT.

    ``(a) In General.--The Secretary shall conduct enforcement 
activities to carry out this title.
    ``(b) Powers of Authorized Officers.--
            ``(1) In general.--Any person who is authorized to enforce 
        this title may--
                    ``(A) board, search, inspect, and seize any vessel 
                or other conveyance suspected of being used to violate 
                this title, any regulation promulgated under this 
                title, or any permit issued under this title, and any 
                equipment, stores, and cargo of such vessel, except 
                that such authority shall not exist with respect to 
                vessels owned or time chartered by a uniformed service 
                (as defined in section 101 of title 10, United States 
                Code) as warships or naval auxiliaries;
                    ``(B) seize wherever found any component of coral 
                reef taken or retained in violation of this title, any 
                regulation promulgated under this title, or any permit 
                issued under this title;
                    ``(C) seize any evidence of a violation of this 
                title, any regulation promulgated under this title, or 
                any permit issued under this title;
                    ``(D) execute any warrant or other process issued 
                by any court of competent jurisdiction;
                    ``(E) exercise any other lawful authority; and
                    ``(F) arrest any person, if there is reasonable 
                cause to believe that such person has committed an act 
                prohibited by section 208.
            ``(2) Naval auxiliary defined.--In this subsection, the 
        term `naval auxiliary' means a vessel, other than a warship, 
        that is owned by or under the exclusive control of a uniformed 
        service and used at the time of the destruction, take, loss or 
        injury for government, non-commercial service, including combat 
        logistics force vessels, pre-positioned vessels, special 
        mission vessels, or vessels exclusively used to transport 
        military supplies and materials.
    ``(c) Civil Enforcement and Permit Sanctions.--
            ``(1) Civil administrative penalty.--Any person subject to 
        the jurisdiction of the United States who violates this title 
        or any regulation promulgated or permit issued hereunder, shall 
        be liable to the United States for a civil administrative 
        penalty of not more than $200,000 for each such violation, to 
        be assessed by the Secretary. Each day of a continuing 
        violation shall constitute a separate violation. In determining 
        the amount of civil administrative penalty, the Secretary shall 
        take into account the nature, circumstances, extent, and 
        gravity of the prohibited acts committed and, with respect to 
        the violator, the degree of culpability, and any history of 
        prior violations, and such other matters as justice may 
        require. In assessing such penalty, the Secretary may also 
        consider information related to the ability of the violator to 
        pay.
            ``(2) Permit sanctions.--For any person subject to the 
        jurisdiction of the United States who has been issued or has 
        applied for a permit under this title, and who violates this 
        title or any regulation or permit issued under this title, the 
        Secretary may deny, suspend, amend, or revoke in whole or in 
        part any such permit. For any person who has failed to pay or 
        defaulted on a payment agreement of any civil penalty or 
        criminal fine or liability assessed pursuant to any natural 
        resource law administered by the Secretary, the Secretary may 
        deny, suspend, amend or revoke in whole or in part any permit 
        issued or applied for under this title.
            ``(3) Imposition of civil judicial penalties.--Any person 
        who violates any provision of this title, any regulation 
        promulgated or permit issued thereunder, shall be subject to a 
        civil judicial penalty not to exceed $250,000 for each such 
        violation. Each day of a continuing violation shall constitute 
        a separate violation. The Attorney General, upon the request of 
        the Secretary, may commence a civil action in an appropriate 
        district court of the United States, and such court shall have 
        jurisdiction to award civil penalties and such other relief as 
        justice may require. In determining the amount of a civil 
        penalty, the court shall take into account the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior violations, and such other 
        matters as justice may require. In imposing such penalty, the 
        district court may also consider information related to the 
        ability of the violator to pay.
            ``(4) Notice.--No penalty or permit sanction shall be 
        assessed under this subsection until after the person charged 
        has been given notice and an opportunity for a hearing.
            ``(5) In rem jurisdiction.--A vessel used in violating this 
        title, any regulation promulgated under this title, or any 
        permit issued under this title, shall be liable in rem for any 
        civil penalty assessed for such violation. Such penalty shall 
        constitute a maritime lien on the vessel and may be recovered 
        in an action in rem in the district court of the United States 
        having jurisdiction over the vessel.
            ``(6) Collection of penalties.--If any person fails to pay 
        an assessment of a civil penalty under this section after it 
        has become a final and unappealable order, or after the 
        appropriate court has entered final judgment in favor of the 
        Secretary, the Secretary shall refer the matter to the Attorney 
        General, who shall recover the amount assessed in any 
        appropriate district court of the United States (plus interest 
        at current prevailing rates from the date of the final order). 
        In such action, the validity and appropriateness of the final 
        order imposing the civil penalty shall not be subject to 
        review. Any person who fails to pay, on a timely basis, the 
        amount of an assessment of a civil penalty shall be required to 
        pay, in addition to such amount and interest, attorney's fees 
        and costs for collection proceedings and a quarterly nonpayment 
        penalty for each quarter during which such failure to pay 
        persists. Such nonpayment penalty shall be in an amount equal 
        to 20 percent of the aggregate amount of such person's 
        penalties and nonpayment penalties that are unpaid as of the 
        beginning of such quarter.
            ``(7) Compromise or other action by Secretary.--The 
        Secretary may compromise, modify, or remit, with or without 
        conditions, any civil administrative penalty or permit sanction 
        which is or may be imposed under this section and that has not 
        been referred to the Attorney General for further enforcement 
        action.
            ``(8) Jurisidiction.--The several district courts of the 
        United States shall have jurisdiction over any actions brought 
        by the United States arising under this section. For the 
        purpose of this section, American Samoa shall be included 
        within the judicial district of the District Court of the 
        United States for the District of Hawaii. Each violation shall 
        be a separate offense and the offense shall be deemed to have 
        been committed not only in the district where the violation 
        first occurred, but also in any other district as authorized by 
        law.
    ``(d) Forfeiture.--
            ``(1) Criminal forfeiture.--A person who is convicted of an 
        offense in violation of this title shall forfeit to the United 
        States--
                    ``(A) any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of the 
                offense, including, without limitation, any coral reef 
                or coral reef component (or the fair market value 
                thereof); and
                    ``(B) any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of the offense, including, 
                without limitation, any vessel (including the vessel's 
                equipment, stores, catch and cargo), vehicle, aircraft, 
                or other means of transportation.
        Pursuant to section 2461(c) of title 28, United States Code, 
        the provisions of section 413 of the Controlled Substances Act 
        (21 U.S.C. 853) other than subsection (d) thereof shall apply 
        to criminal forfeitures under this section.
            ``(2) Civil forfeiture.--The property set forth below shall 
        be subject to forfeiture to the United States in accordance 
        with the provisions of chapter 46 of title 18, United States 
        Code, and no property right shall exist in it:
                    ``(A) Any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of a 
                violation of this title, including, without limitation, 
                any coral reef or coral reef component (or the fair 
                market value thereof).
                    ``(B) Any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of a violation of this title, 
                including, without limitation, any vessel (including 
                the vessel's equipment, stores, catch and cargo), 
                vehicle, aircraft, or other means of transportation.
            ``(3) Application of the customs laws.--All provisions of 
        law relating to seizure, summary judgment, and judicial 
        forfeiture and condemnation for violation of the customs laws, 
        the disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this title, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
            ``(4) Presumption.--For the purposes of this section there 
        is a rebuttable presumption that all coral reefs, or components 
        thereof, found on board a vessel that is used or seized in 
        connection with a violation of this title or of any regulation 
        promulgated under this title were taken, obtained, or retained 
        in violation of this title or of a regulation promulgated under 
        this title.
    ``(e) Payment of Storage, Care, and Other Costs.--Any person 
assessed a civil penalty for a violation of this title or of any 
regulation promulgated under this title and any claimant in a 
forfeiture action brought for such a violation, shall be liable for the 
reasonable costs incurred by the Secretary in storage, care, and 
maintenance of any property seized in connection with the violation.
    ``(f) Expenditures.--
            ``(1) Notwithstanding section 3302 of title 31, United 
        States Code, or section 311 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1861), amounts 
        received by the United States as civil penalties under 
        subsection (c) of this section, forfeitures of property under 
        subsection (d) of this section, and costs imposed under 
        subsection (e) of this section, shall--
                    ``(A) be placed into an account;
                    ``(B) be available for use by the Secretary without 
                further appropriation; and
                    ``(C) remain available until expended.
            ``(2) Amounts received under this section for forfeitures 
        under subsection (d) and costs imposed under subsection (e) 
        shall be used to pay the reasonable and necessary costs 
        incurred by the Secretary to provide temporary storage, care, 
        maintenance, and disposal of any property seized in connection 
        with a violation of this title or any regulation promulgated 
        under this title.
            ``(3) Amounts received under this section as civil 
        penalties under subsection (c) of this section and any amounts 
        remaining after the operation of paragraph (2) of this 
        subsection shall--
                    ``(A) be used to stabilize, restore, or otherwise 
                manage the coral reef with respect to which the 
                violation occurred that resulted in the penalty or 
                forfeiture;
                    ``(B) be transferred to the Emergency Response, 
                Stabilization, and Restoration Account established 
                under section 208(d) or an account described in section 
                209(d)(1) of this title, to reimburse such account for 
                amounts used for authorized emergency actions;
                    ``(C) be used to conduct monitoring and enforcement 
                activities;
                    ``(D) be used to conduct research on techniques to 
                stabilize and restore coral reefs;
                    ``(E) be used to conduct activities that prevent or 
                reduce the likelihood of future damage to coral reefs;
                    ``(F) be used to stabilize, restore or otherwise 
                manage any other coral reef; or
                    ``(G) be used to pay a reward to any person who 
                furnishes information leading to an assessment of a 
                civil penalty, or to a forfeiture of property, for a 
                violation of this title or any regulation promulgated 
                under this title.
    ``(g) Criminal Enforcement.--
            ``(1) Any person (other than a foreign government or any 
        entity of such government) who knowingly commits any act 
        prohibited by section 208(c) of this title shall be imprisoned 
        for not more than 5 years and shall be fined not more than 
        $500,000 for individuals or $1,000,000 for an organization; 
        except that if in the commission of any such offense the 
        individual uses a dangerous weapon, engages in conduct that 
        causes bodily injury to any officer authorized to enforce the 
        provisions of this title, or places any such officer in fear of 
        imminent bodily injury, the maximum term of imprisonment is not 
        more than 10 years.
            ``(2) Any person (other than a foreign government or any 
        entity of such government) who knowingly violates subsection 
        (b), (d), or (e) of section 208 shall be fined under title 18, 
        United States Code, or imprisoned not more than 5 years or 
        both.
            ``(3) Any person (other than a foreign government or any 
        entity of such government) who violates subsection (b), (d), or 
        (e) of section 208, and who, in the exercise of due care should 
        know that such person's conduct violates subsection (b), (d), 
        or (e) of section 208, shall be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both.
            ``(4) The several district courts of the United States 
        shall have jurisdiction over any actions brought by the United 
        States arising under this subsection. For the purpose of this 
        subsection, American Samoa shall be included within the 
        judicial district of the District Court of the United States 
        for the District of Hawaii. Each violation shall be a separate 
        offense and the offense shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district as authorized by law. Any 
        offenses not committed in any district are subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    ``(h) Subpoenas.--In the case of any investigation or hearing under 
this section or any other natural resource statute administered by the 
National Oceanic and Atmospheric Administration which is determined on 
the record in accordance with the procedures provided for under section 
554 of title 5, United States Code, the Secretary may issue subpoenas 
for the attendance and testimony of witnesses and the production of 
relevant papers, books, electronic files, and documents, and may 
administer oaths.
    ``(i) Coast Guard Authority Not Limited.--Nothing in this section 
shall be considered to limit the authority of the Coast Guard to 
enforce this or any other Federal law under section 89 of title 14, 
United States Code.
    ``(j) Injunctive Relief.--
            ``(1) If the Secretary determines that there is an imminent 
        risk of destruction or loss of or injury to a coral reef, or 
        that there has been actual destruction or loss of, or injury 
        to, a coral reef which may give rise to liability under section 
        209 of this title, the Attorney General, upon request of the 
        Secretary, shall seek to obtain such relief as may be necessary 
        to abate such risk or actual destruction, loss, or injury, or 
        to restore or replace the coral reef, or both. The district 
        courts of the Unites States shall have jurisdiction in such a 
        case to order such relief as the public interest and the 
        equities of the case may require.
            ``(2) Upon the request of the Secretary, the Attorney 
        General may seek to enjoin any person who is alleged to be in 
        violation of any provision of this title, or any regulation or 
        permit issued under this title, and the district courts shall 
        have jurisdiction to grant such relief.
    ``(k) Area of Application and Enforceability.--The area of 
application and enforceability of this title includes the internal 
waters of the United States, the territorial sea of the United States, 
as described in Presidential Proclamation 5928 of December 27, 1988, 
the Exclusive Economic Zone of the United States as described in 
Presidential Proclamation 5030 of March 10, 1983, and the continental 
shelf, consistent with international law.
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process, and for civil cases may also be 
served in a place not within the United States in accordance with rule 
4 of the Federal Rules of Civil Procedure.
    ``(m) Venue in Civil Actions.--A civil action under this title may 
be brought in the United States district court for any district in 
which--
            ``(1) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(2) the vessel is located, in the case of an action 
        against a vessel;
            ``(3) the destruction of, loss of, or injury to a coral 
        reef, or component thereof, occurred or in which there is an 
        imminent risk of such destruction, loss, or injury; or
            ``(4) where some or all of the coral reef or component 
        thereof that is the subject of the action is not within the 
        territory covered by any United States district court, such 
        action may be brought either in the United States district 
        court for the district closest to the location where the 
        destruction, loss, injury, or risk of injury occurred, or in 
        the United States District Court for the District of Columbia.
    ``(n) Uniformed Service Officers and Employees.--No officer or 
employee of a uniformed service (as defined in section 101 of title 10, 
United States Code) shall be held liable under this section, either in 
such officer's or employee's personal or official capacity, for any 
violation of section 208 occurring during the performance of the 
officer's or employee's official governmental duties.
    ``(o) Contract Employees.--No contract employee of a uniformed 
service (as so defined), serving as vessel master or crew member, shall 
be liable under this section for any violation of section 208 if that 
contract employee--
            ``(1) is acting as a contract employee of a uniformed 
        service under the terms of an operating contract for a vessel 
        owned by a uniformed service, or a time charter for pre-
        positioned vessels, special mission vessels, or vessels 
        exclusively transporting military supplies and materials; and
            ``(2) is engaged in an action or actions over which such 
        employee has been given no discretion (e.g., anchoring or 
        mooring at one or more designated anchorages or buoys, or 
        executing specific operational elements of a special mission 
        activity), as determined by the uniformed service controlling 
        the contract.''.

SEC. 409. PERMITS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 210, as added by section 408 of this title, the following:

``SEC. 211. PERMITS.

    ``(a) In General.--The Secretary may allow for the conduct of--
            ``(1) bona fide research, and
            ``(2) activities that would otherwise be prohibited by this 
        title or regulations issued thereunder,
through issuance of coral reef conservation permits in accordance with 
regulations issued under this title.
    ``(b) Limitation of Non-Research Activities.--The Secretary may not 
issue a permit for activities other than for bona fide research unless 
the Secretary finds--
            ``(1) the activity proposed to be conducted is compatible 
        with one or more of the purposes in section 202(b) of this 
        title;
            ``(2) the activity conforms to the provisions of all other 
        laws and regulations applicable to the area for which such 
        permit is to be issued; and
            ``(3) there is no practicable alternative to conducting the 
        activity in a manner that destroys, causes the loss of, or 
        injures any coral reef or any component thereof.
    ``(c) Terms and Conditions.--The Secretary may place any terms and 
conditions on a permit issued under this section that the Secretary 
deems reasonable.
    ``(d) Fees.--
            ``(1) Assessment and collection.--Subject to regulations 
        issued under this title, the Secretary may assess and collect 
        fees as specified in this subsection.
            ``(2) Amount.--Any fee assessed shall be equal to the sum 
        of--
                    ``(A) all costs incurred, or expected to be 
                incurred, by the Secretary in processing the permit 
                application, including indirect costs; and
                    ``(B) if the permit is approved, all costs 
                incurred, or expected to be incurred, by the Secretary 
                as a direct result of the conduct of the activity for 
                which the permit is issued, including costs of 
                monitoring the conduct of the activity and educating 
                the public about the activity and coral reef resources 
                related to the activity.
            ``(3) Use of fees.--Amounts collected by the Secretary in 
        the form of fees under this section shall be collected and 
        available for use only to the extent provided in advance in 
        appropriations Acts and may be used by the Secretary for 
        issuing and administering permits under this section.
            ``(4) Waiver or reduction of fees.--For any fee assessed 
        under paragraph (2) of this subsection, the Secretary may--
                    ``(A) accept in-kind contributions in lieu of a 
                fee; or
                    ``(B) waive or reduce the fee.
    ``(e) Fishing.--Nothing in this section shall be considered to 
require a person to obtain a permit under this section for the conduct 
of any fishing activities not prohibited by this title or regulations 
issued thereunder.''.

SEC. 410. REGULATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 211, as added by section 409 of this title, the following:

``SEC. 212. REGULATIONS.

    ``The Secretary may issue such regulations as are necessary and 
appropriate to carry out the purposes of this title. This title and any 
regulations promulgated under this title shall be applied in accordance 
with international law. No restrictions shall apply to or be enforced 
against a person who is not a citizen, national, or resident alien of 
the United States (including foreign flag vessels) unless in accordance 
with international law.''.

SEC. 411. JUDICIAL REVIEW.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 212, as added by section 410 of this title, the following:

``SEC. 213. JUDICIAL REVIEW.

    ``(a) In General.--Chapter 7 of title 5, United States Code, is not 
applicable to any action taken by the Secretary under this title, 
except that--
            ``(1) review of any final agency action of the Secretary 
        taken pursuant to sections 210(c)(1) and 210(c)(2) may be had 
        only by the filing of a complaint by an interested person in 
        the United States District Court for the appropriate district; 
        any such complaint must be filed within 30 days of the date 
        such final agency action is taken; and
            ``(2) review of any final agency action of the Secretary 
        taken pursuant to section 215 may be had by the filing of a 
        petition for review by an interested person in the Circuit 
        Court of Appeals of the United States for the federal judicial 
        district in which such person resides or transact business 
        which is directly affected by the action taken; such petition 
        shall be filed within 120 days from the date such final agency 
        action is taken.
    ``(b) No Review in Enforcement Proceedings.--Final agency action 
with respect to which review could have been obtained under subsection 
(a)(2) shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.
    ``(c) Cost of Litigation.--In any judicial proceeding under 
subsection (a), the court may award costs of litigation (including 
reasonable attorney and expert witness fees) to any prevailing party 
whenever it determines that such award is appropriate.''.

SEC. 412. DEFINITIONS.

    Section 216 (formerly 16 U.S.C. 6409), as redesignated by section 
403 of this title, is amended to read as follows:

``SEC. 216. DEFINITIONS.

    ``In this title:
            ``(1) Biodiversity.--The term `biodiversity' means the 
        variability among living organisms from all sources including, 
        inter alia, terrestrial, marine, and other aquatic ecosystems 
        and the ecological complexes of which they are part, including 
        diversity within species, between species, and of ecosystems.
            ``(2) Bona fide research.--The term `bona fide research' 
        means scientific research on corals, the results of which are 
        likely--
                    ``(A) to be eligible for publication in a referred 
                scientific journal;
                    ``(B) to contribute to the basic knowledge of coral 
                biology or ecology; or
                    ``(C) to identify, evaluate, or resolve 
                conservation problems.
            ``(3) Coral.--The term `coral' means species of the phylum 
        Cnidaria, including--
                    ``(A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Gorgonacea (horny 
                corals), Stolonifera (organpipe corals and others), 
                Alcyonacea (soft corals), and Helioporacea (blue coral) 
                of the class Anthozoa; and
                    ``(B) all species of the families Milleporidea 
                (fire corals) and Stylasteridae (stylasterid 
                hydrocorals) of the class Hydrozoa.
            ``(4) Coral reef.--The term `coral reef' means limestone 
        structures composed in whole or in part of living corals, as 
        described in paragraph (3), their skeletal remains, or both, 
        and including other corals, associated sessile invertebrates 
        and plants, and associated seagrasses.
            ``(5) Coral reef component.--The term `coral reef 
        component' means any part of a coral reef, including individual 
        living or dead corals, associated sessile invertebrates and 
        plants, and any adjacent or associated seagrasses.
            ``(6) Coral reef ecosystem.--The term `coral reef 
        ecosystem' means the system of coral reefs and geographically 
        associated species, habitats, and environment, including any 
        adjacent or associated mangroves and seagrass habitats, and the 
        processes that control its dynamics.
            ``(7) Coral products.--The term `coral products' means any 
        living or dead specimens, parts, or derivatives, or any product 
        containing specimens, parts, or derivatives, of any species 
        referred to in paragraph (3).
            ``(8) Damages.--The term `damages' includes--
                    ``(A) compensation for--
                            ``(i) the cost of replacing, restoring, or 
                        acquiring the equivalent of the coral reef, or 
                        component thereof; and
                            ``(ii) the lost services of, or the value 
                        of the lost use of, the coral reef or component 
                        thereof, or the cost of activities to minimize 
                        or prevent threats of, equivalent injury to, or 
                        destruction of coral reefs or components 
                        thereof, pending restoration or replacement or 
                        the acquisition of an equivalent coral reef or 
                        component thereof;
                    ``(B) the reasonable cost of damage assessments 
                under section 209;
                    ``(C) the reasonable costs incurred by the 
                Secretary in implementing section 208(d);
                    ``(D) the reasonable cost of monitoring appropriate 
                to the injured, restored, or replaced resources;
                    ``(E) the reasonable cost of curation, conservation 
                and loss of contextual information of any coral 
                encrusted archaeological, historical, and cultural 
                resource;
                    ``(F) the cost of legal actions under section 209, 
                undertaken by the United States, associated with the 
                destruction or loss of, or injury to, a coral reef or 
                component thereof, including the costs of attorney time 
                and expert witness fees; and
                    ``(G) the indirect costs associated with the costs 
                listed in subparagraphs (A) through (F) of this 
                paragraph.
            ``(9) Emergency actions.--The term `emergency actions' 
        means all necessary actions to prevent or minimize the 
        additional destruction or loss of, or injury to, coral reefs or 
        components thereof, or to minimize the risk of such additional 
        destruction, loss, or injury.
            ``(10) Exclusive economic zone.--The term `Exclusive 
        Economic Zone' means the waters of the Exclusive Economic Zone 
        of the United States under Presidential Proclamation 5030, 
        dated March 10, 1983.
            ``(11) Person.--The term `person' means any individual, 
        private or public corporation, partnership, trust, institution, 
        association, or any other public or private entity, whether 
        foreign or domestic, private person or entity, or any officer, 
        employee, agent, Department, agency, or instrumentality of the 
        Federal Government, of any State or local unit of government, 
        or of any foreign government.
            ``(12) Response costs.--The term `response costs' means the 
        costs of actions taken or authorized by the Secretary to 
        minimize destruction or loss of, or injury to, a coral reef, or 
        component thereof, or to minimize the imminent risks of such 
        destruction, loss, or injury, including costs related to 
        seizure, forfeiture, storage, or disposal arising from 
        liability under section 209.
            ``(13) Secretary.--The term `Secretary' means--
                    ``(A) for purposes of sections 201 through 211, and 
                section 213 (except as otherwise provided in 
                subparagraph (B)), and the other paragraphs of this 
                section, the Secretary of Commerce, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration; and
                    ``(B) for purposes of sections 208 through 213--
                            ``(i) the Secretary of the Interior for any 
                        coral reef or component thereof located in (I) 
                        the National Wildlife Refuge System, (II) the 
                        National Park System, and (III) the waters 
                        surrounding Wake Island under the jurisdiction 
                        of the Secretary of the Interior, as set forth 
                        in Executive Order 11048 (27 Fed. Reg. 8851 
                        (September 4, 1962)); or
                            ``(ii) the Secretary of Commerce for any 
                        coral reef or component thereof located in any 
                        area not described in clause (i).
            ``(14) Service.--The term `service' means functions, 
        ecological or otherwise, performed by a coral reef or component 
        thereof.
            ``(15) State.--The term `State' means any State of the 
        United States that contains a coral reef ecosystem within its 
        seaward boundaries, American Samoa, Guam, the Northern Mariana 
        Islands, Puerto Rico, and the Virgin Islands, and any other 
        territory or possession of the United States, or separate 
        sovereign in free association with the United States, that 
        contains a coral reef ecosystem within its seaward boundaries.
            ``(16) Territorial sea.--The term `Territorial Sea' means 
        the waters of the Territorial Sea of the United States under 
        Presidential Proclamation 5928, dated December 27, 1988.''.
                                                       Calendar No. 713

111th CONGRESS

  2d Session

                                S. 3597

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                                 A BILL

    To improve the ability of the National Oceanic and Atmospheric 
Administration, the Coast Guard, and coastal States to sustain healthy 
   ocean and coastal ecosystems by maintaining and sustaining their 
capabilities relating to oil spill preparedness, prevention, response, 
           restoration, and research, and for other purposes.

_______________________________________________________________________

                           December 17, 2010

                       Reported with an amendment