OIL POLLUTION ACT OF 1990
Public Law 101-380, as amended
OIL POLLUTION ACT OF 1990
380
117–286
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
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Oil Pollution Act of 1990
Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990
Elijah E. Cummings Coast Guard Authorization Act of 2020
Trans-Alaska Pipeline System Reform Act of 1990
2991
101
1990-08-18
OIL POLLUTION ACT OF 1990
[Public Law 101-380]
[As Amended Through P.L. 117–286, Enacted December 27, 2022]
[Currency: This publication is a compilation of the text of Public Law 101-380. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

SHORT TITLE.
This Act may be cited as the “Oil Pollution Act of 1990”.
[33 U.S.C. 2701 note]
SEC. 2.

TABLE OF CONTENTS.
The contents of this Act are as follows:
TITLE I—
OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 1001.
Definitions.
Sec. 1002.
Elements of liability.
Sec. 1003.
Defenses to liability.
Sec. 1004.
Limits on liability.
Sec. 1005.
Interest.
Sec. 1006.
Natural resources.
Sec. 1007.
Recovery by foreign claimants.
Sec. 1008.
Recovery by responsible party.
Sec. 1009.
Contribution.
Sec. 1010.
Indemnification agreements.
Sec. 1011.
Consultation on removal actions.
Sec. 1012.
Uses of the Fund.
Sec. 1013.
Claims procedure.
Sec. 1014.
Designation of source and advertisement.
Sec. 1015.
Subrogation.
Sec. 1016.
Financial responsibility.
Sec. 1017.
Litigation, jurisdiction, and venue.
Sec. 1018.
Relationship to other law.
Sec. 1019.
State financial responsibility.
Sec. 1020.
Application.
TITLE II—
CONFORMING AMENDMENTS
Sec. 2001.
Intervention on the High Seas Act.
Sec. 2002.
Federal Water Pollution Control Act.
Sec. 2003.
Deepwater Port Act.
Sec. 2004.
Outer Continental Shelf Lands Act Amendments of 1978.
TITLE III—
INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
Sec. 3001.
Sense of Congress regarding participation in international regime.
Sec. 3002.
United States-Canada Great Lakes oil spill cooperation.
Sec. 3003.
United States-Canada Lake Champlain oil spill cooperation.
Sec. 3004.
International inventory of removal equipment and personnel.
Sec. 3005.
Negotiations with Canada concerning tug escorts in Puget Sound.
TITLE IV—
PREVENTION AND REMOVAL
Subtitle A—
Prevention
Sec. 4101.
Review of alcohol and drug abuse and other matters in issuing licenses, certificates of registry, and merchant mariners' documents.
Sec. 4102.
Term of licenses, certificates of registry, and merchant mariners' documents; criminal record reviews in renewals.
Sec. 4103.
Suspension and revocation of licenses, certificates of registry, and merchant mariners' documents for alcohol and drug abuse.
Sec. 4104.
Removal of master or individual in charge.
Sec. 4105.
Access to National Driver Register.
Sec. 4106.
Manning standards for foreign tank vessels.
Sec. 4107.
Vessel traffic service systems.
Sec. 4108.
Great Lakes pilotage.
Sec. 4109.
Periodic gauging of plating thickness of commercial vessels.
Sec. 4110.
Overfill and tank level or pressure monitoring devices.
Sec. 4111.
Study on tanker navigation safety standards.
Sec. 4112.
Dredge modification study.
Sec. 4113.
Use of liners.
Sec. 4114.
Tank vessel manning.
Sec. 4115.
Establishment of double hull requirement for tank vessels.
Sec. 4116.
Pilotage.
Sec. 4117.
Maritime pollution prevention training program study.
Sec. 4118.
Vessel communication equipment regulations.
Subtitle B—
Removal
Sec. 4201.
Federal removal authority.
Sec. 4202.
National planning and response system.
Sec. 4203.
Coast Guard vessel design.
Sec. 4204.
Determination of harmful quantities of oil and hazardous substances.
Sec. 4205.
Coastwise oil spill response endorsements.
Subtitle C—
Penalties and Miscellaneous
Sec. 4301.
Federal Water Pollution Control Act penalties.
Sec. 4302.
Other penalties.
Sec. 4303.
Financial responsibility civil penalties.
Sec. 4304.
Deposit of certain penalties into oil spill liability trust fund.
Sec. 4305.
Inspection and entry.
Sec. 4306.
Civil enforcement under Federal Water Pollution Control Act.
TITLE V—
PRINCE WILLIAM SOUND PROVISIONS
Sec. 5001.
Oil spill recovery institute.
Sec. 5002.
Terminal and tanker oversight and monitoring.
Sec. 5003.
Bligh Reef light.
Sec. 5004.
Vessel traffic service system.
Sec. 5005.
Equipment and personnel requirements under tank vessel and facility response plans.
Sec. 5006.
Funding.
Sec. 5007.
Limitation.
Sec. 5008.
North Pacific Marine Research Institute.
TITLE VI—
MISCELLANEOUS
Sec. 6001.
Savings provisions.
Sec. 6002.
Annual appropriations.
Sec. 6004.
Cooperative development of common hydrocarbon-bearing areas.
TITLE VII—
OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 7001.
Oil pollution research and development program.
Sec. 7002.
Submerged oil program.
TITLE VIII—
TRANS-ALASKA PIPELINE SYSTEM
Sec. 8001.
Short title.
Subtitle A—
Improvements to Trans-Alaska Pipeline System
Sec. 8101.
Liability within the State of Alaska and cleanup efforts.
Sec. 8102.
Trans-Alaska Pipeline Liability Fund.
Sec. 8103.
Presidential task force.
Subtitle B—
Penalties
Sec. 8201.
Authority of the Secretary of the Interior to impose penalties on Outer Continental Shelf facilities.
Sec. 8202.
Trans-Alaska pipeline system civil penalties.
Subtitle C—
Provisions Applicable to Alaska Natives
Sec. 8301.
Land conveyances.
Sec. 8302.
Impact of potential spills in the Arctic Ocean on Alaska Natives.
TITLE IX—
AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC
Sec. 9001.
Amendments to Oil Spill Liability Trust Fund.
Sec. 9002.
Changes relating to other funds.
TITLE I—

OIL POLLUTION LIABILITY AND COMPENSATION
SEC. 1001.

DEFINITIONS.
For the purposes of this Act, the term—
(1)
“act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2)
“barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3)
“claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4)
“claimant” means any person or government who presents a claim for compensation under this title;
(5)
“damages” means damages specified in section 1002(b) of this Act, and includes the cost of assessing these damages;
(6)
“deepwater port” is a facility licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524);
(7)
“discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8)
“exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9)
“facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes;
(10)
“foreign offshore unit” means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country's territorial sea or from the foreign country's continental shelf;
(11)
“Fund” means the Oil Spill Liability Trust Fund, established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509);
(12)
“gross ton” has the meaning given that term by the Secretary under part J of title 46, United States Code;
(13)
“guarantor” means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;
(14)
“incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil;
(15)
“Indian tribe” means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe;
(16)
“lessee” means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(17)
“liable” or “liability” shall be construed to be the standard of liability which obtains under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321);
(18)
“mobile offshore drilling unit” means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility;
(19)
“National Contingency Plan” means the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act, as amended by this Act, or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605);
(20)
“natural resources” includes land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any State or local government or Indian tribe, or any foreign government;
(21)
“navigable waters” means the waters of the United States, including the territorial sea;
(22)
“offshore facility” means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;
(23)
“oil” means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;
(24)
“onshore facility” means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;
(25)
the term “Outer Continental Shelf facility” means an offshore facility which is located, in whole or in part, on the Outer Continental Shelf and is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the Outer Continental Shelf;
(26)
“owner or operator”—
(A)
means—
(i)
in the case of a vessel, any person owning, operating, or chartering by demise, the vessel;
(ii)
in the case of an onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity owning or operating such facility;
(iii)
in the case of any abandoned offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that owned or operated such facility immediately prior to such abandonment;
(iv)
in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand;
(v)
notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under section 1002, any State or local government that has caused or contributed to a discharge or substantial threat of a discharge of oil from a vessel or facility ownership or control of which was acquired involuntarily through—
(I)
seizure or otherwise in connection with law enforcement activity;
(II)
bankruptcy;
(III)
tax delinquency;
(IV)
abandonment; or
(V)
other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;
(vi)
notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person—
(I)
exercises decision making control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for oil handling or disposal practices related to the vessel or facility; or
(II)
exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility—
- (aa)
for the overall management of the vessel or facility encompassing day-to-day decision making with respect to environmental compliance; or
- (bb)
over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance; and
(B)
does not include—
(i)
A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through—
(I)
seizure or otherwise in connection with law enforcement activity;
(II)
bankruptcy;
(III)
tax delinquency;
(IV)
abandonment; or
(V)
other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;
(ii)
a person that is a lender that does not participate in management of a vessel or facility, but holds indicia of ownership primarily to protect the security interest of the person in the vessel or facility; or
(iii)
a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person—
(I)
forecloses on the vessel or facility; and
(II)
after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a removal action under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan, with respect to the vessel or facility, or takes any other measure to preserve, protect, or prepare the vessel or facility prior to sale or disposition,
if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the vessel or facility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements;
(27)
“person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body;
(28)
“permittee” means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or applicable State law;
(29)
“public vessel” means a vessel owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce;
(30)
“remove” or “removal” means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;
(31)
“removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;
(32)
“responsible party” means the following:
(A)

Vessels.—
In the case of a vessel, any person owning, operating, or demise chartering the vessel. In the case of a vessel, the term “responsible party” also includes the owner of oil being transported in a tank vessel with a single hull after December 31, 2010.
(B)

Onshore facilities.—
In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit.
(C)

Offshore facilities.—
In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301–1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body, that as owner transfers possession and right to use the property to another person by lease, assignment, or permit.
(D)

Foreign facilities.—
In the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located.
(E)

Deepwater ports.—
In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524), the licensee.
(F)

Pipelines.—
In the case of a pipeline, any person owning or operating the pipeline.
(G)

Abandonment.—
In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, ,1 offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that would have been responsible parties immediately prior to the abandonment of the vessel or facility.
^1
Two commas are so in law. See amendment made by section 3508(b)(1)(A)(ii)(III) of division C of Public Law 115–91.
(33)
“Secretary” means the Secretary of the department in which the Coast Guard is operating;
(34)
“tank vessel” means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—
(A)
is a vessel of the United States;
(B)
operates on the navigable waters; or
(C)
transfers oil or hazardous material in a place subject to the jurisdiction of the United States;
(35)
“territorial seas” means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles;
(36)
“United States” and “State” mean the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the United States;
(37)
“vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel;
(38)
“participate in management”—
(A)
(i)
means actually participating in the management or operational affairs of a vessel or facility; and
(ii)
does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility operations; and
(B)
does not include—
(i)
performing an act or failing to act prior to the time at which a security interest is created in a vessel or facility;
(ii)
holding a security interest or abandoning or releasing a security interest;
(iii)
including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance;
(iv)
monitoring or enforcing the terms and conditions of the extension of credit or security interest;
(v)
monitoring or undertaking one or more inspections of the vessel or facility;
(vi)
requiring a removal action or other lawful means of addressing a discharge or substantial threat of a discharge of oil in connection with the vessel or facility prior to, during, or on the expiration of the term of the extension of credit;
(vii)
providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of the vessel or facility;
(viii)
restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance;
(ix)
exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement; or
(x)
conducting a removal action under 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan,
if such actions do not rise to the level of participating in management under subparagraph (A) of this paragraph and paragraph (26)(A)(vi);
(39)
“extension of credit” has the meaning provided in section 101(20)(G)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(i));
(40)
“financial or administrative function” has the meaning provided in section 101(20)(G)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(ii));
(41)
“foreclosure” and “foreclose” each has the meaning provided in section 101(20)(G)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iii));
(42)
“lender” has the meaning provided in section 101(20)(G)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iv));
(43)
“operational function” has the meaning provided in section 101(20)(G)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(v)); and
(44)
“security interest” has the meaning provided in section 101(20)(G)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(vi)).
[33 U.S.C. 2701]
SEC. 1002.

ELEMENTS OF LIABILITY.
(a)

In General.—
Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
(b)

Covered Removal Costs and Damages.—
(1)

Removal costs.—
The removal costs referred to in subsection (a) are—
(A)
all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, under the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and
(B)
any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2)

Damages.—
The damages referred to in subsection (a) are the following:
(A)

Natural resources.—
Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B)

Real or personal property.—
Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C)

Subsistence use.—
Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.
(D)

Revenues.—
Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.
(E)

Profits and earning capacity.—
Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant.
(F)

Public services.—
Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State.
(c)

Excluded Discharges.—
This title does not apply to any discharge—
(1)
permitted by a permit issued under Federal, State, or local law;
(2)
from a public vessel; or
(3)
from an onshore facility which is subject to the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).
(d)

Liability of Third Parties.—
(1)

In general.—
(A)

Third party treated as responsible party.—
Except as provided in subparagraph (B), in any case in which a responsible party establishes that a discharge or threat of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or more third parties described in section 1003(a)(3) (or solely by such an act or omission in combination with an act of God or an act of war), the third party or parties shall be treated as the responsible party or parties for purposes of determining liability under this title.
(B)

Subrogation of responsible party.—
If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third party, the responsible party—
(i)
in accordance with section 1013, shall pay removal costs and damages to any claimant; and
(ii)
shall be entitled by subrogation to all rights of the United States Government and the claimant to recover removal costs or damages from the third party or the Fund paid under this subsection.
(2)

Limitation applied.—
(A)

Owner or operator of vessel or facility.—
If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in section 1004 as applied with respect to the vessel or facility.
(B)

Other cases.—
In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually occurred if the responsible party were liable.
[33 U.S.C. 2702]
SEC. 1003.

DEFENSES TO LIABILITY.
(a)

Complete Defenses.—
A responsible party is not liable for removal costs or damages under section 1002 if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by—
(1)
an act of God;
(2)
an act of war;
(3)
an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party—
(A)
exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and
(B)
took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
(4)
any combination of paragraphs (1), (2), and (3).
(b)

Defenses As To Particular Claimants.—
A responsible party is not liable under section 1002 to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant.
(c)

Limitation on Complete Defense.—
Subsection (a) does not apply with respect to a responsible party who fails or refuses—
(1)
to report the incident as required by law if the responsible party knows or has reason to know of the incident;
(2)
to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or
(3)
without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(d)

Definition of Contractual Relationship.—
(1)

In general.—
For purposes of subsection (a)(3) the term “contractual relationship” includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless—
(A)
the real property on which the facility concerned is located was acquired by the responsible party after the placement of the oil on, in, or at the real property on which the facility concerned is located;
(B)
one or more of the circumstances described in subparagraph (A), (B), or (C) of paragraph (2) is established by the responsible party by a preponderance of the evidence; and
(C)
the responsible party complies with paragraph (3).
(2)

Required circumstance.—
The circumstances referred to in paragraph (1)(B) are the following:
(A)
At the time the responsible party acquired the real property on which the facility is located the responsible party did not know and had no reason to know that oil that is the subject of the discharge or substantial threat of discharge was located on, in, or at the facility.
(B)
The responsible party is a government entity that acquired the facility—
(i)
by escheat;
(ii)
through any other involuntary transfer or acquisition; or
(iii)
through the exercise of eminent domain authority by purchase or condemnation.
(C)
The responsible party acquired the facility by inheritance or bequest.
(3)

Additional requirements.—
For purposes of paragraph (1)(C), the responsible party must establish by a preponderance of the evidence that the responsible party—
(A)
has satisfied the requirements of section 1003(a)(3)(A) and (B);
(B)
has provided full cooperation, assistance, and facility access to the persons that are authorized to conduct removal actions, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial removal action;
(C)
is in compliance with any land use restrictions established or relied on in connection with the removal action; and
(D)
has not impeded the effectiveness or integrity of any institutional control employed in connection with the removal action.
(4)

Reason to know.—
(A)

Appropriate inquiries.—
To establish that the responsible party had no reason to know of the matter described in paragraph (2)(A), the responsible party must demonstrate to a court that—
(i)
on or before the date on which the responsible party acquired the real property on which the facility is located, the responsible party carried out all appropriate inquiries, as provided in subparagraphs (B) and (D), into the previous ownership and uses of the real property on which the facility is located in accordance with generally accepted good commercial and customary standards and practices; and
(ii)
the responsible party took reasonable steps to—
(I)
stop any continuing discharge;
(II)
prevent any substantial threat of discharge; and
(III)
prevent or limit any human, environmental, or natural resource exposure to any previously discharged oil.
(B)

Regulations establishing standards and practices.—
Not later than 2 years after the date of the enactment of this paragraph, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under subparagraph (A).
(C)

Criteria.—
In promulgating regulations that establish the standards and practices referred to in subparagraph (B), the Secretary shall include in such standards and practices provisions regarding each of the following:
(i)
The results of an inquiry by an environmental professional.
(ii)
Interviews with past and present owners, operators, and occupants of the facility and the real property on which the facility is located for the purpose of gathering information regarding the potential for oil at the facility and on the real property on which the facility is located.
(iii)
Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property on which the facility is located since the property was first developed.
(iv)
Searches for recorded environmental cleanup liens against the facility and the real property on which the facility is located that are filed under Federal, State, or local law.
(v)
Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning oil at or near the facility and on the real property on which the facility is located.
(vi)
Visual inspections of the facility, the real property on which the facility is located, and adjoining properties.
(vii)
Specialized knowledge or experience on the part of the responsible party.
(viii)
The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property.
(ix)
Commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located.
(x)
The degree of obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located, and the ability to detect the oil by appropriate investigation.
(D)

Interim standards and practices.—
(i)

Real property purchased before may 31, 1997.—
With respect to real property purchased before May 31, 1997, in making a determination with respect to a responsible party described in subparagraph (A), a court shall take into account—
(I)
any specialized knowledge or experience on the part of the responsible party;
(II)
the relationship of the purchase price to the value of the facility and the real property on which the facility is located, if the oil was not at the facility or on the real property;
(III)
commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located;
(IV)
the obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located; and
(V)
the ability of the responsible party to detect oil by appropriate inspection.
(ii)

Real property purchased on or after may 31, 1997.—
With respect to real property purchased on or after May 31, 1997, until the Secretary promulgates the regulations described in clause (ii), the procedures of the American Society for Testing and Materials, including the document known as “Standard E1527–97”, entitled “Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process”, shall satisfy the requirements in subparagraph (A).
(E)

Site inspection and title search.—
In the case of real property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, inspection and title search of the facility and the real property on which the facility is located that reveal no basis for further investigation shall be considered to satisfy the requirements of this paragraph.
(5)

Previous owner or operator.—
Nothing in this paragraph or in section 1003(a)(3) shall diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwithstanding this paragraph, if a responsible party obtained actual knowledge of the discharge or substantial threat of discharge of oil at such facility when the responsible party owned the facility and then subsequently transferred ownership of the facility or the real property on which the facility is located to another person without disclosing such knowledge, the responsible party shall be treated as liable under section 1002(a) and no defense under section 1003(a) shall be available to such responsible party.
(6)

Limitation on defense.—
Nothing in this paragraph shall affect the liability under this Act of a responsible party who, by any act or omission, caused or contributed to the discharge or substantial threat of discharge of oil which is the subject of the action relating to the facility.
[33 U.S.C. 2703]
SEC. 1004.

LIMITS ON LIABILITY.
(a)

General Rule.—
Except as otherwise provided in this section, the total of the liability of a responsible party under section 1002 and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—
(1)
for a tank vessel, the greater of—
(A)
with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton;
(B)
with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or
(C)
(i)
with respect to a vessel greater than 3,000 gross tons that is—
(I)
a vessel described in subparagraph (A), $22,000,000; or
(II)
a vessel described in subparagraph (B), $16,000,000; or
(ii)
with respect to a vessel of 3,000 gross tons or less that is—
(I)
a vessel described in subparagraph (A), $6,000,000; or
(II)
a vessel described in subparagraph (B), $4,000,000;
(2)
for any other vessel, $950 per gross ton or $800,000, whichever is greater;
(3)
for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and
(4)
for any onshore facility and a deepwater port, $350,000,000.
(b)

Division of Liability for Mobile Offshore Drilling Units.—
(1)

Treated first as tank vessel.—
For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.
(2)

Treated as facility for excess liability.—
To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1).
(c)

Exceptions.—
(1)

Acts of responsible party.—
Subsection (a) does not apply if the incident was proximately caused by—
(A)
gross negligence or willful misconduct of, or
(B)
the violation of an applicable Federal safety, construction, or operating regulation by,
the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail).
(2)

Failure or refusal of responsible party.—
Subsection (a) does not apply if the responsible party fails or refuses—
(A)
to report the incident as required by law and the responsible party knows or has reason to know of the incident;
(B)
to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or
(C)
without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(3)

OCS facility or vessel.—
Notwithstanding the limitations established under subsection (a) and the defenses of section 1003, all removal costs incurred by the United States Government or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel.
(4)

Certain tank vessels.—
Subsection (a)(1) shall not apply to—
(A)
a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2 of the Edible Oil Regulatory Reform Act; and
(B)
a tank vessel that is designated in its certificate of inspection as an oil spill response vessel (as that term is defined in section 2101 of title 46, United States Code) and that is used solely for removal.
(d)

Adjusting Limits of Liability.—
(1)

Onshore facilities.—
Subject to paragraph (2), the President may establish by regulation, with respect to any class or category of onshore facility, a limit of liability under this section of less than $350,000,000, but not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed by the class or category of facility.
(2)

Deepwater ports and associated vessels.—
(A)

Study.—
The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502)) versus the transportation of oil by vessel to other ports. The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices.
(B)

Report.—
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under subparagraph (A).
(C)

Rulemaking proceeding.—
If the Secretary determines, based on the results of the study conducted under subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1).
(3)

Periodic reports.—
The President shall, within 6 months after the date of the enactment of this Act, and from time to time thereafter, report to the Congress on the desirability of adjusting the limits of liability specified in subsection (a).
(4)

Adjustment to reflect consumer price index.—
The President, by regulations issued not later than 3 years after the date of enactment of the Delaware River Protection Act of 2006 and not less than every 3 years thereafter, shall adjust the limits on liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.
[33 U.S.C. 2704]
SEC. 1005.

INTEREST; PARTIAL PAYMENT OF CLAIMS.
(a)

General Rule.—
The responsible party or the responsible party's guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.
(b)

Period.—
(1)

In general.—
Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid.
(2)

Exclusion of period due to offer by guarantor.—
If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 1013(a), the period described in paragraph (1) does not include any period before the offer is accepted.
(3)

Exclusion of periods in interests of justice.—
If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period.
(4)

Calculation of interest.—
(A)

In general.—
The interest paid for claims, other than Federal Government cost recovery claims, under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin.
(B)

Federal cost recovery claims.—
The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code.
(5)

Interest not subject to liability limits.—
(A)

In general.—
Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limitation of liability under section 1004.
(B)

Payment by guarantor.—
The payment of interest under this subsection by a guarantor is subject to section 1016(g).
[33 U.S.C. 2705]
SEC. 1006.

NATURAL RESOURCES.
(a)

Liability.—
In the case of natural resource damages under section 1002(b)(2)(A), liability shall be—
(1)
to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States;
(2)
to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof;
(3)
to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and
(4)
in any case in which section 1007 applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country.
(b)

Designation of Trustees.—
(1)

In general.—
The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.
(2)

Federal trustees.—
The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act.
(3)

State trustees.—
The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation.
(4)

Indian tribe trustees.—
The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation.
(5)

Foreign trustees.—
The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act.
(c)

Functions of Trustees.—
(1)

Federal trustees.—
The Federal officials designated under subsection (b)(2)—
(A)
shall assess natural resource damages under section 1002(b)(2)(A) for the natural resources under their trusteeship;
(B)
may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials' discretion, assess damages for the natural resources under the State's or tribe's trusteeship; and
(C)
shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.
(2)

State trustees.—
The State and local officials designated under subsection (b)(3)—
(A)
shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and
(B)
shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.
(3)

Indian tribe trustees.—
The tribal officials designated under subsection (b)(4)—
(A)
shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and
(B)
shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.
(4)

Foreign trustees.—
The trustees designated under subsection (b)(5)—
(A)
shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and
(B)
shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.
(5)

Notice and opportunity to be heard.—
Plans shall be developed and implemented under this section only after adequate public notice, opportunity for a hearing, and consideration of all public comment.
(d)

Measure of Damages.—
(1)

In general.—
The measure of natural resource damages under section 1002(b)(2)(A) is—
(A)
the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources;
(B)
the diminution in value of those natural resources pending restoration; plus
(C)
the reasonable cost of assessing those damages.
(2)

Determine costs with respect to plans.—
Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c).
(3)

No double recovery.—
There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource.
(e)

Damage Assessment Regulations.—
(1)

Regulations.—
The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after the date of the enactment of this Act, shall promulgate regulations for the assessment of natural resource damages under section 1002(b)(2)(A) resulting from a discharge of oil for the purpose of this Act.
(2)

Rebuttable presumption.—
Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act.
(f)

Use of Recovered Sums.—
Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under section 1002(b)(2)(A) shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund.
(g)

Compliance.—
Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law.
[33 U.S.C. 2706]
SEC. 1007.

RECOVERY BY FOREIGN CLAIMANTS.
(a)

Required Showing by Foreign Claimants.—
(1)

In general.—
In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that—
(A)
the claimant has not been otherwise compensated for the removal costs or damages; and
(B)
recovery is authorized by a treaty or executive agreement between the United States and the claimant's country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimant's country provides a comparable remedy for United States claimants.
(2)

Exceptions.—
Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4).
(b)

Discharges in Foreign Countries.—
A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from—
(1)
an Outer Continental Shelf facility or a deepwater port;
(2)
a vessel in the navigable waters;
(3)
a vessel carrying oil as cargo between 2 places in the United States; or
(4)
a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place.
(c)

Foreign Claimant Defined.—
In this section, the term “foreign claimant” means—
(1)
a person residing in a foreign country;
(2)
the government of a foreign country; and
(3)
an agency or political subdivision of a foreign country.
[33 U.S.C. 2707]
SEC. 1008.

RECOVERY BY RESPONSIBLE PARTY.
(a)

In General.—
The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates that—
(1)
the responsible party is entitled to a defense to liability under section 1003; or
(2)
the responsible party is entitled to a limitation of liability under section 1004.
(b)

Extent of Recovery.—
A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004.
[33 U.S.C. 2708]
SEC. 1009.

CONTRIBUTION.
A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or another law. The action shall be brought in accordance with section 1017.
[33 U.S.C. 2709]
SEC. 1010.

INDEMNIFICATION AGREEMENTS.
(a)

Agreements Not Prohibited.—
Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act.
(b)

Liability Not Transferred.—
No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person.
(c)

Relationship To Other Causes of Action.—
Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by reason of subrogation or otherwise, against any person.
[33 U.S.C. 2710]
SEC. 1011.

CONSULTATION ON REMOVAL ACTIONS.
The President shall consult with the affected trustees designated under section 1006 on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.
[33 U.S.C. 2711]
SEC. 1012.

USES OF THE FUND.
(a)

Uses Generally.—
The Fund shall be available to the President for—
(1)
the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan—
(A)
by Federal authorities; or
(B)
by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d);
(2)
the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section 1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan;
(3)
the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit;
(4)
the payment of claims in accordance with section 1013 for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims; and
(5)
the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections (b), (c), (d), (j), and (l) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided that—
(A)
not more than $25,000,000 in each fiscal year shall be available to the Secretary for operations and support incurred by the Coast Guard;
(B)
not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;
(C)
not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, including the purchase and prepositioning of oil spill removal equipment; and
(D)
not more than $27,250,000 in each fiscal year shall be available to carry out title VII of this Act.
(b)

Defense to Liability for Fund.—
(1)

In general.—
The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant.
(2)

Subrogated rights.—
Except for a guarantor claim pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation.
(c)

Obligation of Fund by Federal Officials.—
The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a).
(d)

Cost-reimbursable Agreement.—
(1)

In general.—
In carrying out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan.
(2)

Inapplicability.—
Chapter 63 and section 1535 of title 31, United States Code shall not apply to a cost-reimbursable agreement entered into under this subsection.
(e)

Rights of Subrogation.—
Payment of any claim or obligation by the Fund under this Act shall be subject to the United States Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party.
(f)

Period of Limitations for Claims.—
(1)

Removal costs.—
No claim may be presented under this title for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident.
(2)

Damages.—
No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e).
(3)

Minors and incompetents.—
The time limitations contained in this subsection shall not begin to run—
(A)
against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or
(B)
against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for the incompetent.
(g)

Limitation on Payment for Same Costs.—
In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages.
(h)

Obligation in Accordance With Plan.—
(1)

In general.—
Except as provided in paragraph (2), amounts may be obligated from the Fund for the restoration, rehabilitation, replacement, or acquisition of natural resources only in accordance with a plan adopted under section 1006(c).
(2)

Exception.—
Paragraph (1) shall not apply in a situation requiring action to avoid irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or similar need for emergency action.
(i)

Preference for Private Persons in Area Affected by Discharge.—
(1)

In general.—
In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.
(2)

Limitation.—
This subsection shall not be considered to restrict the use of Department of Defense resources.
(j)

Reports.—
(1)

In general.—
Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code, the President, through the Secretary of the Department in which the Coast Guard is operating, shall—
(A)
provide a report on disbursements for the preceding fiscal year from the Fund, regardless of whether those disbursements were subject to annual appropriations, to—
(i)
the Senate Committee on Commerce, Science, and Transportation; and
(ii)
the House of Representatives Committee on Transportation and Infrastructure; and
(B)
make the report available to the public on the National Pollution Funds Center Internet website.
(2)

Contents.—
The report shall include—
(A)
a list of each incident that—
(i)
occurred in the preceding fiscal year; and
(ii)
resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more;
(B)
a list of each incident that—
(i)
occurred in the fiscal year preceding the preceding fiscal year; and
(ii)
resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; and
(C)
an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.
(3)

Agency recordkeeping.—
Each Federal agency that receives amounts from the Fund shall maintain records describing the purposes for which such funds were obligated or expended in such detail as the Secretary may require for purposes of the report required under paragraph (1).
[33 U.S.C. 2712]
SEC. 1013.

CLAIMS PROCEDURE.
(a)

Presentation.—
Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 1014(a).
(b)

Presentation to Fund.—
(1)

In general.—
Claims for removal costs or damages may be presented first to the Fund—
(A)
if the President has advertised or otherwise notified claimants in accordance with section 1014(c);
(B)
by a responsible party who may assert a claim under section 1008;
(C)
by the Governor of a State for removal costs incurred by that State; or
(D)
by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a).
(2)

Limitation on presenting claim.—
No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim.
(c)

Election.—
If a claim is presented in accordance with subsection (a) and—
(1)
each person to whom the claim is presented denies all liability for the claim, or
(2)
the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 1014(b), whichever is later,
the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund.
(d)

Uncompensated Damages.—
If a claim is presented in accordance with this section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund.
(e)

Procedure for Claims Against Fund.—
The President shall promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund.
[33 U.S.C. 2713]
SEC. 1014.

DESIGNATION OF SOURCE AND ADVERTISEMENT.
(a)

Designation of Source and Notification.—
When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation.
(b)

Advertisement by Responsible Party or Guarantor.—
(1)
If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party's or the guarantor's denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days.
(2)
An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim.
(c)

Advertisement by President.—
If—
(1)
the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a),
(2)
the source of the discharge or threat was a public vessel, or
(3)
the President is unable to designate the source or sources of the discharge or threat under subsection (a),
the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund.
[33 U.S.C. 2714]
SEC. 1015.

SUBROGATION.2
(a)

In General.—
Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.
^2
Section 1142(d) of Public Law 104–324 (110 Stat. 3991) stated that “[s]ection 1015(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended” by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) a new subsection (b). The amendments were executed as amendments to section 1015.
(b)

Interim Damages.—
(1)

In general.—
If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.
(2)

Final damages.—
Payment of such a claim shall not foreclose a claimant's right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.
(c)

Actions on Behalf of Fund.—
At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney's fees. Such an action may be commenced against any responsible party or (subject to section 1016) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.
(d)

Authority To Settle.—
The head of any department or agency responsible for recovering amounts for which a person is liable under this title may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.
[33 U.S.C. 2715]
SEC. 1016.

FINANCIAL RESPONSIBILITY.
(a)

Requirement.—
The responsible party for—
(1)
any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2)
any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3)
any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 1004(a) or (d) of this Act, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
(b)

Sanctions.—
(1)

Withholding clearance.—
The Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2)

Denying entry to or detaining vessels.—
The Secretary may—
(A)
deny entry to any vessel to any place in the United States, or to the navigable waters, or
(B)
detain at the place,
any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this section.
(3)

Seizure of vessel.—
Any vessel subject to the requirements of this section which is found in the navigable waters without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States.
(c)

Offshore Facilities.—
(1)

In general.—
(A)

Evidence of financial responsibility required.—
Except as provided in paragraph (2), a responsible party with respect to an offshore facility that—
(i)
(I)
is located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters; or
(II)
is located in coastal inland waters, such as bays or estuaries, seaward of the line of ordinary low water along that portion of the coast that is not in direct contact with the open sea;
(ii)
is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in oil exploration, drilling, or production; and
(iii)
has a worst-case oil spill discharge potential of more than 1,000 barrels of oil (or a lesser amount if the President determines that the risks posed by such facility justify it),
shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), as applicable.
(B)

Amount required generally.—
Except as provided in subparagraph (C), the amount of financial responsibility for offshore facilities that meet the criteria of subparagraph (A) is—
(i)
$35,000,000 for an offshore facility located seaward of the seaward boundary of a State; or
(ii)
$10,000,000 for an offshore facility located landward of the seaward boundary of a State.
(C)

Greater amount.—
If the President determines that an amount of financial responsibility for a responsible party greater than the amount required by subparagraph (B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence of financial responsibility required shall be for an amount determined by the President not exceeding $150,000,000.
(D)

Multiple facilities.—
In a case in which a person is a responsible party for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection.
(E)

Definition.—
For the purpose of this paragraph, the seaward boundary of a State shall be determined in accordance with section 2(b) of the Submerged Lands Act (43 U.S.C. 1301(b)).
(2)

Deepwater ports.—
Each responsible party with respect to a deepwater port shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 1004(a) of this Act in a case where the responsible party would be entitled to limit liability under that section. If the Secretary exercises the authority under section 1004(d)(2) to lower the limit of liability for deepwater ports, the responsible party shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability so established. In a case in which a person is the responsible party for more than one deepwater port, evidence of financial responsibility need be established only to meet the maximum liability applicable to the deepwater port having the greatest maximum liability.
(e)

Methods of Financial Responsibility.—
Financial responsibility under this section may be established by any one, or by any combination, of the following methods which the Secretary (in the case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In promulgating requirements under this section, the Secretary or the President, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing evidence of financial responsibility to effectuate the purposes of this Act.
(f)

Claims Against Guarantor.—
(1)

In general.—
Subject to paragraph (2), a claim for which liability may be established under section 1002 may be asserted directly against any guarantor providing evidence of financial responsibility for a responsible party liable under that section for removal costs and damages to which the claim pertains. In defending against such a claim, the guarantor may invoke—
(A)
all rights and defenses which would be available to the responsible party under this Act;
(B)
any defense authorized under subsection (e); and
(C)
the defense that the incident was caused by the willful misconduct of the responsible party.
The guarantor may not invoke any other defense that might be available in proceedings brought by the responsible party against the guarantor.
(2)

Further requirement.—
A claim may be asserted pursuant to paragraph (1) directly against a guarantor providing evidence of financial responsibility under subsection (c)(1) with respect to an offshore facility only if—
(A)
the responsible party for whom evidence of financial responsibility has been provided has denied or failed to pay a claim under this Act on the basis of being insolvent, as defined under section 101(32) of title 11, United States Code, and applying generally accepted accounting principles;
(B)
the responsible party for whom evidence of financial responsibility has been provided has filed a petition for bankruptcy under title 11, United States Code; or
(C)
the claim is asserted by the United States for removal costs and damages or for compensation paid by the Fund under this Act, including costs incurred by the Fund for processing compensation claims.
(3)

Rulemaking authority.—
Not later than 1 year after the date of enactment of this paragraph, the President shall promulgate regulations to establish a process for implementing paragraph (2) in a manner that will allow for the orderly and expeditious presentation and resolution of claims and effectuate the purposes of this Act.
(g)

Limitation on Guarantor's Liability.—
Nothing in this Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate, the amount of financial responsibility which that guarantor has provided for a responsible party pursuant to this section. The total liability of the guarantor on direct action for claims brought under this Act with respect to an incident shall be limited to that amount.
(h)

Continuation of Regulations.—
Any regulation relating to financial responsibility, which has been issued pursuant to any provision of law repealed or superseded by this Act, and which is in effect on the date immediately preceding the effective date of this Act, is deemed and shall be construed to be a regulation issued pursuant to this section. Such a regulation shall remain in full force and effect unless and until superseded by a new regulation issued under this section.
(i)

Unified Certificate.—
The Secretary may issue a single unified certificate of financial responsibility for purposes of this Act and any other law.
[33 U.S.C. 2716]
SEC. 1017.

LITIGATION, JURISDICTION, AND VENUE.
(a)

Review of Regulations.—
Review of any regulation promulgated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs.
(b)

Jurisdiction.—
Except as provided in subsections (a) and (c), the United States district courts shall have exclusive original jurisdiction over all controversies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages occurred, or in which the defendant resides, may be found, has its principal office, or has appointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia.
(c)

State Court Jurisdiction.—
A State trial court of competent jurisdiction over claims for removal costs or damages, as defined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act.
(d)

Assessment and Collection of Tax.—
The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other matter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under the Internal Revenue Code of 1986.
(e)

Savings Provision.—
Nothing in this title shall apply to any cause of action or right of recovery arising from any incident which occurred prior to the date of enactment of this title. Such claims shall be adjudicated pursuant to the law applicable on the date of the incident.
(f)

Period of Limitations.—
(1)

Damages.—
Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after—
(A)
the date on which the loss and the connection of the loss with the discharge in question are reasonably discoverable with the exercise of due care, or
(B)
in the case of natural resource damages under section 1002(b)(2)(A), the date of completion of the natural resources damage assessment under section 1006(c).
(2)

Removal costs.—
An action for recovery of removal costs referred to in section 1002(b)(1) must be commenced within 3 years after completion of the removal action. In any such action described in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that will be binding on any subsequent action or actions to recover further removal costs or damages. Except as otherwise provided in this paragraph, an action may be commenced under this title for recovery of removal costs at any time after such costs have been incurred.
(3)

Contribution.—
No action for contribution for any removal costs or damages may be commenced more than 3 years after—
(A)
the date of judgment in any action under this Act for recovery of such costs or damages, or
(B)
the date of entry of a judicially approved settlement with respect to such costs or damages.
(4)

Subrogation.—
No action based on rights subrogated pursuant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim.
(5)

Commencement.—
The time limitations contained herein shall not begin to run—
(A)
against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or
(B)
against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for such incompetent.
[33 U.S.C. 2717]
SEC. 1018.

RELATIONSHIP TO OTHER LAW.
(a)

Preservation of State Authorities; Solid Waste Disposal Act.—
Nothing in this Act or the Act of March 3, 1851 shall—
(1)
affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
(A)
the discharge of oil or other pollution by oil within such State; or
(B)
any removal activities in connection with such a discharge; or
(2)
affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law.
(b)

Preservation of State Funds.—
Nothing in this Act or in section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall in any way affect, or be construed to affect, the authority of any State—
(1)
to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
(2)
to require any person to contribute to such a fund.
(c)

Additional Requirements and Liabilities; Penalties.—
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.), or section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—
(1)
to impose additional liability or additional requirements; or
(2)
to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;
relating to the discharge, or substantial threat of a discharge, of oil.
(d)

Federal Employee Liability.—
For purposes of section 2679(b)(2)(B) of title 28, United States Code, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer's or employee's personal or individual capacity for any act or omission while acting within the scope of the officer's or employee's office or employment.
[33 U.S.C. 2718]
SEC. 1019.

STATE FINANCIAL RESPONSIBILITY.
A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under section 1016.
[33 U.S.C. 2719]
SEC. 1020.

APPLICATION.
This Act shall apply to an incident occurring after the date of the enactment of this Act.
[33 U.S.C. 2701 note]
TITLE II—

CONFORMING AMENDMENTS
* * * * * * *
SEC. 2002.

FEDERAL WATER POLLUTION CONTROL ACT.
(a)

Application.—
Subsections (f), (g), (h), and (i) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) shall not apply with respect to any incident for which liability is established under section 1002 of this Act.
(b) * * *
[33 U.S.C. 1321 note]
SEC. 2003.

DEEPWATER PORT ACT.
(a) * * *
(b)

Amounts Remaining in Deepwater Port Fund.—
Any amounts remaining in the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1517(f)) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Deepwater Port Liability Fund.
[26 U.S.C. 9509 note]
SEC. 2004.

OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF 1978.
Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1811–1824) is repealed. Any amounts remaining in the Offshore Oil Pollution Compensation Fund established under section 302 of that title (43 U.S.C. 1812) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Offshore Oil Pollution Compensation Fund.
[26 U.S.C. 9509 note]
TITLE III—

INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
SEC. 3001.

SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL REGIME.
It is the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liability and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing full and prompt compensation for damages resulting from incidents.
SEC. 3002.

UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.
(a)

Review.—
The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, including the Great Lakes Water Quality Agreement, to determine whether amendments or additional international agreements are necessary to—
(1)
prevent discharges of oil on the Great Lakes;
(2)
ensure an immediate and effective removal of oil on the Great Lakes; and
(3)
fully compensate those who are injured by a discharge of oil on the Great Lakes.
(b)

Consultation.—
In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the Great Lakes States, the International Joint Commission, and other appropriate agencies.
(c)

Report.—
The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.
SEC. 3003.

UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.
(a)

Review.—
The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, to determine whether amendments or additional international agreements are necessary to—
(1)
prevent discharges of oil on Lake Champlain;
(2)
ensure an immediate and effective removal of oil on Lake Champlain; and
(3)
fully compensate those who are injured by a discharge of oil on Lake Champlain.
(b)

Consultation.—
In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the States of Vermont and New York, the International Joint Commission, and other appropriate agencies.
(c)

Report.—
The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.
SEC. 3004.

INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.
The President shall encourage appropriate international organizations to establish an international inventory of spill removal equipment and personnel.
SEC. 3005.

NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET SOUND.
Congress urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.
TITLE IV—

PREVENTION AND REMOVAL
Subtitle A—

Prevention
* * * * * * *
SEC. 4102.

TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS; CRIMINAL RECORD REVIEWS IN RENEWALS.
(a) * * * * * * * * * *
(d)

Termination of Existing Licenses, Certificates, and Documents.—
A license, certificate of registry, or merchant mariner's document issued before the date of the enactment of this section terminates on the day it would have expired if—
(1)
subsections (a), (b), and (c) were in effect on the date it was issued; and
(2)
it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.
[46 U.S.C. 7106 note]
* * * * * * *
SEC. 4107.

VESSEL TRAFFIC SERVICE SYSTEMS.
(a) * * *
(b)

Direction of Vessel Movement.—
(1)

Study.—
The Secretary shall conduct a study—
(A)
of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and
(B)
to determine and prioritize the United States ports and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating—
(i)
the nature, volume, and frequency of vessel traffic;
(ii)
the risks of collisions, spills, and damages associated with that traffic;
(iii)
the impact of installation, expansion, or improvement of a vessel traffic service system; and
(iv)
all other relevant costs and data.
(2)

Report.—
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1) and recommendations for implementing the results of that study.
* * * * * * *
SEC. 4109.

PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL VESSELS.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue—
(1)
establishing minimum standards for plating thickness; and
(2)
requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone.
[46 U.S.C. 3703 note]
SEC. 4110.

OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.
(a)

Standards.—
The Secretary may establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks.
(b)

Use.—
No sooner than 1 year after the Secretary prescribes regulations under subsection (a), the Secretary may issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of—
(1)
overfill devices, and
(2)
tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet any standards established by the Secretary under subsection (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone.
[46 U.S.C. 3703 note]
SEC. 4111.

STUDY ON TANKER NAVIGATION SAFETY STANDARDS.
(a)

In General.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a study to determine whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil or hazardous substances in bulk on the navigable waters and the waters of the exclusive economic zone.
(b)

Content.—
In conducting the study required under subsection (a), the Secretary shall—
(1)
determine appropriate crew sizes on tankers;
(2)
evaluate the adequacy of qualifications and training of crewmembers on tankers;
(3)
evaluate the ability of crewmembers on tankers to take emergency actions to prevent or remove a discharge of oil or a hazardous substance from their tankers;
(4)
evaluate the adequacy of navigation equipment and systems on tankers (including sonar, electronic chart display, and satellite technology);
(5)
evaluate and test electronic means of position-reporting and identification on tankers, consider the minimum standards suitable for equipment for that purpose, and determine whether to require that equipment on tankers;
(6)
evaluate the adequacy of navigation procedures under different operating conditions, including such variables as speed, daylight, ice, tides, weather, and other conditions;
(7)
evaluate whether areas of navigable waters and the exclusive economic zone should be designated as zones where the movement of tankers should be limited or prohibited;
(8)
evaluate whether inspection standards are adequate;
(9)
review and incorporate the results of past studies, including studies conducted by the Coast Guard and the Office of Technology Assessment;
(10)
evaluate the use of computer simulator courses for training bridge officers and pilots of vessels transporting oil or hazardous substances on the navigable waters and waters of the exclusive economic zone, and determine the feasibility and practicality of mandating such training;
(11)
evaluate the size, cargo capacity, and flag nation of tankers transporting oil or hazardous substances on the navigable waters and the waters of the exclusive economic zone—
(A)
identifying changes occurring over the past 20 years in such size and cargo capacity and in vessel navigation and technology; and
(B)
evaluating the extent to which the risks or difficulties associated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup of such spills are influenced by or related to an increase in tanker size and cargo capacity; and
(12)
evaluate and test a program of remote alcohol testing for masters and pilots aboard tankers carrying significant quantities of oil.
(c)

Report.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study.
[46 U.S.C. 3703 note]
SEC. 4112.

DREDGE MODIFICATION STUDY.
(a)

Study.—
The Secretary of the Army shall conduct a study and demonstration to determine the feasibility of modifying dredges to make them usable in removing discharges of oil and hazardous substances.
(b)

Report.—
Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations for implementing the results of that study.
SEC. 4113.

USE OF LINERS.
(a)

Study.—
The President shall conduct a study to determine whether liners or other secondary means of containment should be used to prevent leaking or to aid in leak detection at onshore facilities used for the bulk storage of oil and located near navigable waters.
(b)

Report.—
Not later than 1 year after the date of enactment of this Act, the President shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations to implement the results of the study.
(c)

Implementation.—
Not later than 6 months after the date the report required under subsection (b) is submitted to the Congress, the President shall implement the recommendations contained in the report.
SEC. 4114.

TANK VESSEL MANNING.
(a)

Rulemaking.—
In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable waters with the auto-pilot engaged or with an unattended engine room.
(b) * * * * * * * * * *
[46 U.S.C. 3703 note]
SEC. 4115.

ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS.
(a) * * *
(b)

Rulemaking.—
The Secretary shall, within 12 months after the date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule to require that tank vessels over 5,000 gross tons affected by section 3703a of title 46, United States Code, as added by this section, comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economically and technologically feasible.
[46 U.S.C. 3703a note]
* * * * * * *
(e)

Secretarial Studies.—
(1)

Other requirements.—
Not later than 6 months after the date of enactment of this Act, the Secretary shall determine, based on recommendations from the National Academy of Sciences or other qualified organizations, whether other structural and operational tank vessel requirements will provide protection to the marine environment equal to or greater than that provided by double hulls, and shall report to the Congress that determination and recommendations for legislative action.
(2)

Review and assessment.—
The Secretary shall—
(A)
periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels;
(B)
not later than 5 years after the date of enactment of this Act, assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and
(C)
report the results of the review and assessment to the Congress with recommendations for legislative or other action.
(3)
No later than one year after the date of enactment of the Coast Guard and Maritime Transportation Act of 2004, the Secretary shall, taking into account the recommendations contained in the report by the Marine Board of the National Research Council entitled “Environmental Performance of Tanker Design in Collision and Grounding” and dated 2001, establish and publish an environmental equivalency evaluation index (including the methodology to develop that index) to assess overall outflow performance due to collisions and groundings for double hull tank vessels and alternative designs.
* * * * * * *
SEC. 4116.

PILOTAGE.
(a) * * * * * * * * * *
(c)

Escorts for Certain Tankers.—
(1)3

In general.—
The Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary.
^3
Margin of paragraph (1) so in law. The amendment made by section 711(b)(1)(A) of Public Law 111–281 amends subsection (c) which is reflected above. The amendment results in designation of text in subsection (c) as paragraph (1); however, the margin for paragraph (1) probably should appear on its own margin rather than run-in to the heading for subsection (c).
(2)

Prince william sound, alaska.—
(A)

In general.—
The requirement in paragraph (1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on March 1, 2009) implementing this subsection with respect to those tankers) shall apply to double hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska.
(B)

Implementation of requirements.—
The Secretary of the department in which the Coast Guard is operating shall prescribe interim final regulations to carry out subparagraph (A) as soon as practicable without notice and hearing pursuant to section 553 of title 5 of the United States Code.
(d)

Tanker Defined.—
In this section the term “tanker” has the same meaning the term has in section 2101 of title 46, United States Code.
[46 U.S.C. 3703 note]
SEC. 4117.

MARITIME POLLUTION PREVENTION TRAINING PROGRAM STUDY.
The Secretary shall conduct a study to determine the feasibility of a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions. The study shall assess the costs and benefits of transferring suitable vessels to selected maritime training institutions, equipping the vessels for oil spill response, and training students in oil pollution response skills. The study shall be completed and transmitted to the Congress no later than one year after the date of the enactment of this Act.
[46 U.S.C. app. 1295 note]
SEC. 4118.

VESSEL COMMUNICATION EQUIPMENT REGULATIONS.
The Secretary shall, not later than one year after the date of the enactment of this Act, issue regulations necessary to ensure that vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to—
(1)
receive radio marine navigation safety warnings; and
(2)
engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary.
[33 U.S.C. 1203 note]
Subtitle B—

Removal
SEC. 4201.

FEDERAL REMOVAL AUTHORITY.
(a) * * * * * * * * * *
(c)4

Revision of National Contingency Plan.—
Not later than one year after the date of the enactment of this Act, the President shall revise and republish the National Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202.
^4
So in law. Probably should be redesignated as subsection (d).
[33 U.S.C. 1321 note]
SEC. 4202.

NATIONAL PLANNING AND RESPONSE SYSTEM.
(a) * * *
(b)

Implementation.—
(1)

Area committees and contingency plans.—
(A)
Not later than 6 months after the date of the enactment of this Act, the President shall designate the areas for which Area Committees are established under section 311(j)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section.
(B)
Not later than 18 months after the date of the enactment of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan required under that section.
(C)
Not later than 24 months after the date of the enactment of this Act, the President shall—
(i)
promptly review each plan;
(ii)
require amendments to any plan that does not meet the requirements of section 311(j)(4) of the Federal Water Pollution Control Act; and
(iii)
approve each plan that meets the requirements of that section.
(2)

National response unit.—
Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act.
(3)

Coast guard district response groups.—
Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act.
(4)

Tank vessel and facility response plans; transition provision; effective date of prohibition.—
(A)
Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act.
(B)
During the period beginning 30 months after the date of the enactment of this paragraph and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President.
(C)
Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act.
[33 U.S.C. 1321 note]
* * * * * * *
SEC. 4203.

COAST GUARD VESSEL DESIGN.
The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation.
* * * * * * *
Subtitle C—

Penalties and Miscellaneous
* * * * * * *
SEC. 4303.

FINANCIAL RESPONSIBILITY CIVIL PENALTIES.
(a)

Administrative.—
Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 1016 or the regulations issued under that section, or with a denial or detention order issued under subsection (b)(2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection.
(b)

Judicial.—
In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with section 1016, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require.
[33 U.S.C. 2716a]
SEC. 4304.

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND.
Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of that Act, as a result of violations of section 311 of that Act, and the Deepwater Port Act of 1974, shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
[26 U.S.C. 9509 note]
* * * * * * *
TITLE V—

PRINCE WILLIAM SOUND PROVISIONS
SEC. 5001.

OIL SPILL RECOVERY INSTITUTE.
(a)

Establishment of Institute.—
The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the “Institute”) through the Prince William Sound Science and Technology Institute located in Cordova, Alaska.
(b)

Functions.—
The Institute shall conduct research and carry out educational and demonstration projects designed to—
(1)
identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and
(2)
complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of Arctic or Subarctic oil spills on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to Arctic or Subarctic oil spills or the effects thereof.
(c)

Advisory Board.—
(1)

In general.—
The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows:
(A)
One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, and Natural Resources of the State of Alaska, all of whom shall be State employees.
(B)
One representative appointed by each of the Secretaries of Commerce and the Interior and the Commandant of the Coast Guard, who shall be Federal employees.
(C)
Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill, who shall serve terms of 2 years each. Interested organizations from within the fishing industry may submit the names of qualified individuals for consideration by the Governor.
(D)
Two Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, appointed by the Governor of Alaska from a list of 4 qualified individuals submitted by the Alaska Federation of Natives, who shall serve terms of 2 years each.
(E)
Two representatives from the oil and gas industry to be appointed by the Governor of the State of Alaska who shall serve terms of 2 years each. Interested organizations from within the oil and gas industry may submit the names of qualified individuals for consideration by the Governor.
(F)
Two at-large representatives from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the remaining members of the Advisory Board. Interested parties may submit the names of qualified individuals for consideration by the Advisory Board.
(G)
One nonvoting representative of the Institute of Marine Science.
(H)
One nonvoting representative appointed by the Prince William Sound Science and Technology Institute.
(2)

Chairman.—
The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
(3)

Policies.—
Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section.
(4)

Scientific review.—
The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 7001(b)(2).
(d)

Scientific and Technical Committee.—
(1)

In general.—
The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community.
(2)

Functions.—
The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to Arctic or Subarctic oil spills or the effects thereof.
(e)

Director.—
The Institute shall be administered by a Director appointed by the Advisory Board. The Prince William Sound Science and Technology Institute and the Scientific and Technical Committee may each submit independent recommendations for the Advisory Board's consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board.
(f)

Evaluation.—
The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section.
(g)

Audit.—
The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency.
(h)

Status of Employees.—
Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.
(i)

Termination.—
The authorization in section 5006(b) providing funding for the Institute shall terminate 1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased.
(j)

Use of Funds.—
No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. The Advisory Board may compensate its Federal representatives for their reasonable travel costs. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b).
(k)

Research.—
The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration.
(l)

Definitions.—
In this section, the term “Prince William Sound and its adjacent waters” means such sound and waters as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”.
[33 U.S.C. 2731]
SEC. 5002.

TERMINAL AND TANKER OVERSIGHT AND MONITORING.
(a)

Short Title and Findings.—
(1)

Short title.—
This section may be cited as the “Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990”.
(2)

Findings.—
The Congress finds that—
(A)
the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area;
(B)
many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill;
(C)
one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans;
(D)
a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals;
(E)
such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others;
(F)
because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe;
(G)
the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;
(H)
only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus;
(I)
a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and
(J)
similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem.
(b)

Demonstration Programs.—
(1)

Establishment.—
There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as “Programs”) to be carried out in the State of Alaska.
(2)

Advisory function.—
The function of these Programs shall be advisory only.
(3)

Purpose.—
The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet.
(4)

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.
(c)

Oil Terminal Facilities and Oil Tanker Operations Association.—
(1)

Establishment.—
There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the “Association”) for each of the Programs established under subsection (b).
(2)

Membership.—
Each Association shall be comprised of 4 individuals as follows:
(A)
One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators.
(B)
One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators.
(C)
One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government.
(D)
One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government.
(3)

Responsibilities.—
Each Association shall be responsible for reviewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum among the owners and operators of the terminal facilities, the owners and operators of crude oil tankers calling at those facilities, the United States, and the State of Alaska to discuss and to make recommendations concerning all permits, plans, and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the environment in the vicinity of the terminal facilities and of crude oil tankers calling at those facilities.
(4)

Designation of existing organization.—
The Secretary may designate an existing nonprofit organization as an Association under this subsection if the organization is organized to meet the purposes of this section and consists of at least the individuals listed in paragraph (2).
(d)

Regional Citizens' Advisory Councils.—
(1)

Membership.—
There is established a Regional Citizens' Advisory Council (hereinafter in this section referred to as the “Council”) for each of the programs established by subsection (b).
(2)

Membership.—
Each Council shall be composed of voting members and nonvoting members, as follows:
(A)

Voting members.—
Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Governor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consideration the need for regional balance on the Council:
(i)
Local commercial fishing industry organizations, the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities.
(ii)
Aquaculture associations in the vicinity of the terminal facilities.
(iii)
Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities.
(iv)
Environmental organizations the members of which reside in the vicinity of the terminal facilities.
(v)
Recreational organizations the members of which reside in or use the vicinity of the terminal facilities.
(vi)
The Alaska State Chamber of Commerce, to represent the locally based tourist industry.
(vii)
(I)
For the Prince William Sound Terminal Facilities Council, one representative selected by each of the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.
(II)
For the Cook Inlet Terminal Facilities Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.
(B)

Nonvoting members.—
One ex-officio, nonvoting representative shall be designated by, and represent, each of the following:
(i)
The Environmental Protection Agency.
(ii)
The Coast Guard.
(iii)
The National Oceanic and Atmospheric Administration.
(iv)
The United States Forest Service.
(v)
The Bureau of Land Management.
(vi)
The Alaska Department of Environmental Conservation.
(vii)
The Alaska Department of Fish and Game.
(viii)
The Alaska Department of Natural Resources.
(ix)
The Division of Emergency Services, Alaska Department of Military and Veterans Affairs.
(3)

Terms.—
(A)

Duration of councils.—
The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is transported to or from Cook Inlet.
(B)

Three years.—
The voting members of each Council shall be appointed for a term of 3 years except as provided for in subparagraph (C).
(C)

Initial appointments.—
The terms of the first appointments shall be as follows:
(i)
For the appointments by the Governor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year.
(ii)
For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year.
(4)

Self-governing.—
Each Council shall elect its own chairperson, select its own staff, and make policies with regard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Council shall be self-governing.
(5)

Dual membership and conflicts of interest prohibited.—
(A)
No individual selected as a member of the Council shall serve on the Association.
(B)
No individual selected as a voting member of the Council shall be engaged in any activity which might conflict with such individual carrying out his functions as a member thereof.
(6)

Duties.—
Each Council shall—
(A)
provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities;
(B)
monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers;
(C)
monitor those aspects of terminal facilities' and crude oil tankers' operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities;
(D)
review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet;
(E)
provide advice and recommendations to the Association on port operations, policies and practices;
(F)
recommend to the Association—
(i)
standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal facilities' and crude oil tankers' operations in the vicinity of the terminal facilities;
(ii)
modifications of terminal facility operations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills;
(iii)
modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and
(iv)
modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and
(G)
create additional committees of the Council as necessary to carry out the above functions, including a scientific and technical advisory committee to the Prince William Sound Council.
(7)

No estoppel.—
No Council shall be held liable under State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by a voting member of a Council, or program representative or agent, be grounds for estopping the interests represented by the voting Council members from seeking damages or other appropriate relief.
(8)

Scientific work.—
In carrying out its research, development and monitoring functions, each Council is authorized to conduct its own scientific research and shall review the scientific work undertaken by or on behalf of the terminal operators or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review the relevant scientific work undertaken by or on behalf of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplication, each Council shall coordinate its independent scientific work with the scientific work performed by or on behalf of the terminal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers.
(e)

Committee for Terminal and Oil Tanker Operations and Environmental Monitoring.—
(1)

Monitoring committee.—
Each Council shall establish a standing Terminal and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter in this section referred to as the “Monitoring Committee”) to devise and manage a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Committee shall be made up of members of the Council, citizens, and recognized scientific experts selected by the Council.
(2)

Duties.—
In fulfilling its responsibilities, the Monitoring Committee shall—
(A)
advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet;
(B)
develop monitoring programs and make recommendations to the Council on the implementation of those programs;
(C)
at its discretion, select and contract with universities and other scientific institutions to carry out specific monitoring projects authorized by the Council pursuant to an approved monitoring strategy;
(D)
complete any other tasks assigned by the Council; and
(E)
provide written reports to the Council which interpret and assess the results of all monitoring programs.
(f)

Committee for Oil Spill Prevention, Safety, and Emergency Response.—
(1)

Technical oil spill committee.—
Each Council shall establish a standing technical committee (hereinafter referred to as “Oil Spill Committee”) to review and assess measures designed to prevent oil spills and the planning and preparedness for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council.
(2)

Duties.—
In fulfilling its responsibilities, the Oil Spill Committee shall—
(A)
periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances;
(B)
monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet;
(C)
study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill;
(D)
identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet;
(E)
monitor developments in oil spill prevention, containment, response, and cleanup technology;
(F)
periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations;
(G)
periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities;
(H)
complete any other tasks assigned by the Council; and
(I)
provide written reports to the Council outlining its findings and recommendations.
(g)

Agency Cooperation.—
On and after the expiration of the 180-day period following the date of the enactment of this section, each Federal department, agency, or other instrumentality shall, with respect to all permits, site-specific regulations, and other matters governing the activities and actions of the terminal facilities which affect or may affect the vicinity of the terminal facilities, consult with the appropriate Council prior to taking substantive action with respect to the permit, site-specific regulation, or other matter. This consultation shall be carried out with a view to enabling the appropriate Association and Council to review the permit, site-specific regulation, or other matters and make appropriate recommendations regarding operations, policy or agency actions. Prior consultation shall not be required if an authorized Federal agency representative reasonably believes that an emergency exists requiring action without delay.
(h)

Recommendations of the Council.—
In the event that the Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursuant to the authority granted to the Council in subsection (d), the Association shall provide to the Council, in writing, within 5 days of its decision, notice of its decision and a written statement of reasons for its rejection or significant modification of the recommendation.
(i)

Administrative Actions.—
Appointments, designations, and selections of individuals to serve as members of the Associations and Councils under this section shall be submitted to the Secretary prior to the expiration of the 120-day period following the date of the enactment of this section. On or before the expiration of the 180-day period following that date of enactment of this section, the Secretary shall call an initial meeting of each Association and Council for organizational purposes.
(j)

Location and Compensation.—
(1)

Location.—
Each Association and Council established by this section shall be located in the State of Alaska.
(2)

Compensation.—
No member of an Association or Council shall be compensated for the member's services as a member of the Association or Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Association or Council not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. However, each Council may enter into contracts to provide compensation and expenses to members of the committees created under subsections (d), (e), and (f).
(k)

Funding.—
(1)

Requirement.—
Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal facilities shall be effective only so long as the respective Association and Council for a facility are funded pursuant to paragraph (2).
(2)

Prince william sound program.—
The owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount—
(A)
shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;
(B)
shall be adjusted annually by the Anchorage Consumer Price Index; and
(C)
may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.
(3)

Cook inlet program.—
The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Secretary. Such amount—
(A)
shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet;
(B)
shall be adjusted annually by the Anchorage Consumer Price Index; and
(C)
may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.
(l)

Reports.—
(1)

Associations and councils.—
Prior to the expiration of the 36-month period following the date of the enactment of this section, each Association and Council established by this section shall report to the President and the Congress concerning its activities under this section, together with its recommendations.
(2)

GAO.—
Prior to the expiration of the 36-month period following the date of the enactment of this section, the Government Accountability Office shall report to the President and the Congress as to the handling of funds, including donated funds, by the entities carrying out the programs under this section, and the effectiveness of the demonstration programs carried out under this section, together with its recommendations.
(m)

Definitions.—
As used in this section, the term—
(1)
“terminal facilities” means—
(A)
in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and
(B)
in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex;
(2)
“crude oil tanker” means a tanker (as that term is defined under section 2101 of title 46, United States Code)—
(A)
in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and
(B)
in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;
(3)
“vicinity of the terminal facilities” means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities; and
(4)
“Secretary” means the Secretary of the department in which the Coast Guard is operating.
(n)

Savings Clause.—
(1)

Regulatory authority.—
Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this section shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities—
(A)
that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and
(B)
are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement.
(2)

Recommendations.—
This subsection is not intended to prevent the Association or Council from recommending to appropriate authorities that existing legal requirements should be modified or that new legal requirements should be adopted.
(o)

Alternative Voluntary Advisory Group in Lieu of Council.—
The requirements of subsections (c) through (l), as such subsections apply respectively to the Prince William Sound Program and the Cook Inlet Program, are deemed to have been satisfied so long as the following conditions are met:
(1)

Prince william sound.—
With respect to the Prince William Sound Program, the Alyeska Pipeline Service Company or any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with the Alyeska Citizens Advisory Committee in existence on the date of enactment of this section, or a successor organization, to fund that Committee or organization on an annual basis in the amount provided for by subsection (k)(2)(A) and the President annually certifies that the Committee or organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Prince William Sound.
(2)

Cook inlet.—
With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet.
[33 U.S.C. 2732]
SEC. 5003.

BLIGH REEF LIGHT.
The Secretary of Transportation shall within one year after the date of the enactment of this title install and ensure operation of an automated navigation light on or adjacent to Bligh Reef in Prince William Sound, Alaska, of sufficient power and height to provide long-range warning of the location of Bligh Reef.
[33 U.S.C. 2733]
SEC. 5004.

VESSEL TRAFFIC SERVICE SYSTEM.
The Secretary of Transportation shall within one year after the date of the enactment of this title—
(1)
acquire, install, and operate such additional equipment (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and
(2)
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1).
[33 U.S.C. 2734]
SEC. 5005.

EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK VESSEL AND FACILITY RESPONSE PLANS.
(a)

In General.—
In addition to the requirements for response plans for vessels established by section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, a response plan for a tanker loading cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.),5 shall provide for—
^5
Section 354(2) of P.L. 102–388 attempted to amend section 5005(a) by inserting “and a response plan for such a facility,” after “(43 U.S.C. 1651 et seq.).”. The amendment probably should have made the insertion after “(43 U.S.C. 1651 et seq.),”.
(1)
prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries;
(2)
the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;
(3)
training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;
(4)
practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and
(5)
periodic testing and certification of equipment required under this paragraph, as required by the Secretary.
(b)

Definitions.—
In this section—
(1)
the term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and
(2)
the term “worst case discharge” means—
(A)
in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and
(B)
in the case of a facility, the largest foreseeable discharge in adverse weather conditions.
[33 U.S.C. 2735]
SEC. 5006.

FUNDING.
(a)

Sections 5001, 5003 and 5004.—
Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out section 5001 in the amount as determined in section 5006(b), and to carry out sections 5003 and 5004, in an amount not to exceed $5,000,000.
(b)

Use of Interest Only.—
The amount of funding to be made available annually to carry out section 5001 shall be the interest produced by the Fund's investment of the $22,500,000 remaining funding authorized for the Prince William Sound Oil Spill Recovery Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. The National Pollution Funds Center shall transfer all such accrued interest, including the interest earned from the date funds in the Trans-Alaska Liability Pipeline Fund were transferred into the Oil Spill Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery Institute annually, beginning 60 days after the date of enactment of the Coast Guard Authorization Act of 1996.
(c)

Use for Section 1012.—
Beginning 1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased, the funding authorized for the Prince William Sound Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 1012 in Alaska.
(d)

Section 5008.—
Amounts in the Fund shall be available, without further appropriation and without fiscal year limitation, to carry out section 5008(b), in an annual6 amount not to exceed $5,000,000 of which up to $3,000,000 may be used for the lease payment to the Alaska SeaLife Center under section 5008(b)(2): Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.
^6
Section 4413 of Public Law 109–59 (119 Stat. 1779) amended this subsection by inserting “annual” before “amount”. The amendment has been carried out by inserting “annual” before “amount” the first place it appears to reflect the probable intent of Congress.
[33 U.S.C. 2736]
SEC. 5007.

LIMITATION.
Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska.
[33 U.S.C. 2737]
SEC. 5008.

NORTH PACIFIC MARINE RESEARCH INSTITUTE.
(a)

Institute Established.—
The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the “Institute”) to be administered at the Alaska SeaLife Center by the North Pacific Research Board.
(b)

Functions.—
The Institute shall—
(1)
conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and
(2)
lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.
(c)

Evaluation and Audit.—
The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. Chapter 10 of title 5, United States Code, shall not apply to the Institute.
(d)

Status of Employees.—
Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.
(e)

Use of Funds.—
No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.
(f)

Availability of Research.—
The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.
[33 U.S.C. 2738]
TITLE VI—

MISCELLANEOUS
SEC. 6001.

SAVINGS PROVISIONS.
(a)

Cross-References.—
A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.
(b)

Continuation of Regulations.—
An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.
(c)

Rule of Construction.—
An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act.
(d)

Actions and Rights.—
Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to the date of the enactment of this Act.
(e)

Admiralty and Maritime Law.—
Except as otherwise provided in this Act, this Act does not affect—
(1)
admiralty and maritime law; or
(2)
the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
[33 U.S.C. 2751]
SEC. 6002.

ANNUAL APPROPRIATIONS.
(a)

Required.—
Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts.
(b)

Exceptions.—
(1)

In general.—
Subsection (a) shall not apply to—
(A)
section 1006(f), 1012(a)(4), or 5006; or
(B)
an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund—
(i)
to carry out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)); and
(ii)
to initiate the assessment of natural resources damages required under section 1006.
(2)

Fund advances.—
(A)

In general.—
To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of the Internal Revenue Code of 1986.
(B)

Notification to congress.—
Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of—
(i)
the amount advanced; and
(ii)
the facts and circumstances that necessitated the advance.
(C)

Repayment.—
Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.
(3)

Availability.—
Amounts to which this subsection applies shall remain available until expended.
[33 U.S.C. 2752]
[Section 6003—Repealed by section 109 of P.L. 104–134]
SEC. 6004.

COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS.
(a) * * *
(b)

Exception for West Delta Field.—
Section 5(j) of the Outer Continental Shelf Lands Act, as added by this section, shall not be applicable with respect to Blocks 17 and 18 of the West Delta Field offshore Louisiana.
(c)

Authorization of Appropriations.—
There are hereby authorized to be appropriated such sums as may be necessary to provide compensation, including interest, to the State of Louisiana and its lessees, for net drainage of oil and gas resources as determined in the Third Party Factfinder Louisiana Boundary Study dated March 21, 1989. For purposes of this section, such lessees shall include those persons with an ownership interest in State of Louisiana leases SL10087, SL10088 or SL10187, or ownership interests in the production or proceeds therefrom, as established by assignment, contract or otherwise. Interest shall be computed for the period March 21, 1989 until the date of payment.
TITLE VII—

OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
SEC. 7001.

OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a)

Definitions.—
In this section—
(1)
the term “Chair” means the Chairperson of the Interagency Committee designated under subsection (c)(2);
(2)
the term “Commandant” means the Commandant of the Coast Guard;
(3)
the term “institution of higher education” means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
(4)
the term “Interagency Committee” means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);
(5)
the term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere; and
(6)
the term “Vice Chair” means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3).
(b)

Establishment of Interagency Coordinating Committee on Oil Pollution Research.—
(1)

Establishment.—
There is established an Interagency Coordinating Committee on Oil Pollution Research.
(2)

Purpose.—
The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
(c)

Membership.—
(1)

Composition.—
The Interagency Committee shall be composed of—
(A)
at least 1 representative of the Coast Guard;
(B)
at least 1 representative of the National Oceanic and Atmospheric Administration;
(C)
at least 1 representative of the Environmental Protection Agency;
(D)
at least 1 representative of the Department of the Interior;
(E)
at least 1 representative of the Bureau of Safety and Environmental Enforcement;
(F)
at least 1 representative of the Bureau of Ocean Energy Management;
(G)
at least 1 representative of the United States Fish and Wildlife Service;
(H)
at least 1 representative of the Department of Energy;
(I)
at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;
(J)
at least 1 representative of the Federal Emergency Management Agency;
(K)
at least 1 representative of the Navy;
(L)
at least 1 representative of the Corps of Engineers;
(M)
at least 1 representative of the United States Arctic Research Commission; and
(N)
at least 1 representative of each of such other Federal agencies as the President considers to be appropriate.
(2)

Chairperson.—
The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A).
(3)

Vice chairperson.—
The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B).
(4)

Meetings.—
(A)

Quarterly meetings.—
At a minimum, the members of the Interagency Committee shall meet once each quarter.
(B)

Public summaries.—
After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate.
(d)

Duties of the Interagency Committee.—
(1)

Research.—
The Interagency 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, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and
(B)
foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.
(2)

Oil pollution research and technology plan.—
(A)

Implementation plan.—
Not later than 180 days after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—
(i)
identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;
(ii)
assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
(iii)
identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
(iv)
establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
(v)
assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
(vi)
estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;
(vii)
summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and
(viii)
includes such other information or recommendations as the Interagency Committee determines to be appropriate.
(B)

Advice and guidance.—
(i)

National academy of sciences contract.—
The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to—
(I)
provide advice and guidance in the preparation and development of the research plan;
(II)
assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and
(III)
provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.
(ii)

NIST advice and guidance.—
The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.
(C)

10-year updates.—
Not later than 10 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.
(e)

Oil Pollution Research and Development Program.—
(1)

Establishment.—
The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, technology, and development, as provided in this subsection.
(2)

Innovative oil pollution technology.—
The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved technologies and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that protect the environment, including—
(A)
development of improved designs for vessels and facilities, and improved operational practices;
(B)
research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities;
(C)
research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems;
(D)
research and training, in consultation with the National Response Team, to improve industry's and Government's ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas, and the Center for Marine Training and Safety in Galveston, Texas;
(E)
research to improve information systems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies;
(F)
development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge;
(G)
development of technologies, methods, and standards for protecting removal personnel, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures;
(H)
research and development of methods to restore and rehabilitate natural resources damaged by oil discharges;
(I)
research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and
(J)
the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in confined waters.
(3)

Oil pollution technology evaluation.—
The program established under paragraph (1) shall provide for oil pollution prevention and mitigation technology evaluation including—
(A)
the evaluation and testing of technologies developed independently of the research and development program established under paragraph (1);
(B)
the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and
(C)
the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies.
(4)

Oil pollution effects research.—
(A)
The Committee shall establish a research program to monitor and evaluate the environmental effects of acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall include the following elements:
(i)
The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges.
(ii)
The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges.
(iii)
Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.
(iv)
The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas.
(v)
The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient.
(vi)
Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.
(vii)
The identification of potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude.
(viii)
The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.
(B)
The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if—
(i)
the amount of oil discharged exceeds 250,000 gallons;
(ii)
the oil discharge has occurred on or after January 1, 1989; and
(iii)
the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges.
Areas for study may include the following sites where oil discharges have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTE RIVERA and the T/V ATHOS I, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER.
(C)
Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center.
(5)

Marine simulation research.—
The program established under paragraph (1) shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for—
(A)
contingency plan evaluation and amendment;
(B)
removal and strike team training;
(C)
tank vessel personnel training; and
(D)
those geographic areas where there is a significant likelihood of a major oil discharge.
(6)

Demonstration projects.—
The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct 47 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California,7 (C) the Port of New Orleans, Louisiana, and (D) a port on the Great Lakes7 for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section.
^7
Section 2002(1) of P.L. 101–537 and section 4002(1) of P.L. 101–646 made almost identical amendments to section 7001(c)(6). The amendments made by P.L. 101–537 have been executed.
(7)

Simulated environmental testing.—
(A)

In general.—
Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.
(B)

Other testing facilities.—
Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center.
(C)

In-kind contributions.—
(i)

In general.—
The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate.
(ii)

Use of donated oil.—
Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.
(8)

Regional research program.—
(A)
Consistent with the research plan in subsection (d), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (2010).
(B)
The Interagency Committee shall coordinate the publication by the agencies represented on the Interagency Committee of a solicitation for grants under this subsection. The application shall be in such form and contain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Committee, which shall make recommendations to the appropriate granting agency represented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Federal Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Committee.
(C)
Any university or other research institution, or group of universities or research institutions, may apply for a grant for the regional research program established by this paragraph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program.
(D)
The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria:
(i)
There is available to the applicant for carrying out this paragraph demonstrated research resources.
(ii)
The applicant demonstrates the capability of making a significant contribution to regional research needs.
(iii)
The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (d) and would further the objectives of the research and development program established in this section.
(E)
Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in connection with the grant.
(F)
No funds made available to carry out this subsection may be used for the acquisition of real property (including buildings) or construction of any building.
(G)
Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agreements, using funds other than those authorized in this Act for the purposes of carrying out this paragraph.
(9)

Funding.—
For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 5001, shall not be eligible to receive grants under this paragraph until the authorization for funding under section 5006(b) expires.
(10)

Grants.—
In carrying out the research and development program established under paragraph (1), the Under Secretary may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons, and States and Indian tribes. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (d).
(11)
In carrying out research under this section, the Department of Transportation shall continue to utilize the resources of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation, to the maximum extent practicable.
(f)

International Cooperation.—
In accordance with the research plan submitted under subsection (d), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges.
(g)

Biennial Reports.—
The Chair shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period.
(h)

Funding.—
Not to exceed $22,000,0008 of amounts in the Fund shall be available annually to carry out this section except for subsection (e)(8). Of such sums—
^8
Section 2002(2) of P.L. 101–537 and section 4002(2) of P.L. 101–646 made almost identical amendments to section 7001(f). The amendments made by P.L. 101–537 have been executed.
(1)
funds authorized to be appropriated to carry out the activities under subsection (c)(4) shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and
(2)
not less than $3,000,0008 shall be available for carrying out the activities in subsection (c)(6) for fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection (e)(8), are subject to appropriations.
[33 U.S.C. 2761]
SEC. 7002.

SUBMERGED OIL PROGRAM.
(a)

Program.—
(1)

Establishment.—
The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements:
(A)
The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.
(B)
The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.
(C)
The development of techniques to detect and monitor submerged oil.
(2)

Report.—
Not later than 3 years after the date of enactment of the Delaware River Protection Act of 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection.
(b)

Demonstration Project.—
(1)

Removal of submerged oil.—
The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.
(2)

Funding.—
There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.
[33 U.S.C. 2762]
TITLE VIII—

TRANS-ALASKA PIPELINE SYSTEM
SEC. 8001.

SHORT TITLE.
This title may be cited as the “Trans-Alaska Pipeline System Reform Act of 1990”.
Subtitle A—

Improvements to Trans-Alaska Pipeline System
* * * * * * *
SEC. 8102.

TRANS-ALASKA PIPELINE LIABILITY FUND.
(a)

Termination of Certain Provisions.—
(1) * * *
(2)

Disposition of fund balance.—
(A)

Reservation of amounts.—
The trustees of the Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the “TAPS Fund”) shall reserve the following amounts in the TAPS Fund—
(i)
necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)); and
(ii)
administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act.
(B)

Disposition of the balance.—
After the Comptroller General of the United States certifies that the requirements of subparagraph (A) have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph (A) by—
(i)
rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks; and then
(ii)
transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
(C)

Disposition of the reserved amounts.—
After payment of all claims arising from an incident for which funds are reserved under subparagraph (A) and certification by the Comptroller General of the United States that the claims arising from that incident have been paid, the excess amounts, if any, for that incident shall be disposed of as set forth under subparagraphs (A) and (B).
(D)

Authorization.—
The amounts transferred and deposited in the Fund shall be available for the purposes of section 1012 of the Oil Pollution Act of 1990 after funding sections 5001 and 8103 to the extent that funds have not otherwise been provided for the purposes of such sections.
(3)

Savings clause.—
The repeal made by paragraph (1) shall have no effect on any right to recover or responsibility that arises from incidents subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to the date of enactment of this Act.
(4) * * *
(5)

Effective date.—
(A)
The repeal by paragraph (1) shall be effective 60 days after the date on which the Comptroller General of the United States certifies to the Congress that—
(i)
all claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been resolved,
(ii)
all actions for the recovery of amounts subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act have been resolved, and
(iii)
all administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of the Trans-Alaska Pipeline Authorization Act have been paid.
(B)
Upon the effective date of the repeal pursuant to subparagraph (A), the trustees of the TAPS Fund shall be relieved of all responsibilities under section 204(c) of the Trans-Alaska Pipeline Authorization Act, but not any existing legal liability.
(6)

Tucker act.—
This subsection is intended expressly to preserve any and all rights and remedies of contributors to the TAPS Fund under section 1491 of title 28, United States Code (commonly referred to as the “Tucker Act”).
* * * * * * *
SEC. 8103.

PRESIDENTIAL TASK FORCE.
(a)

Establishment of Task Force.—
(1)

Establishment and members.—
(A)
There is hereby established a Presidential Task Force on the Trans-Alaska Pipeline System (hereinafter referred to as the “Task Force”) composed of the following members appointed by the President:
(i)
Three members, one of whom shall be nominated by the Secretary of the Interior, one by the Administrator of the Environmental Protection Agency, and one by the Secretary of Transportation.
(ii)
Three members nominated by the Governor of the State of Alaska, one of whom shall be an employee of the Alaska Department of Natural Resources and one of whom shall be an employee of the Alaska Department of Environmental Conservation.
(iii)
One member nominated by the Office of Technology Assessment.
(B)
Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his or her term until a successor, if applicable, has taken office.
(2)

Cochairmen.—
The President shall appoint a Federal cochairman from among the Federal members of the Task Force appointed pursuant to paragraph (1)(A) and the Governor shall designate a State cochairman from among the State members of the Task Force appointed pursuant to paragraph (1)(B).
(3)

Compensation.—
Members shall, to the extent approved in appropriations Acts, receive the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force, except that members who are State, Federal, or other governmental employees shall receive no compensation under this paragraph in addition to the salaries they receive as such employees.
(4)

Staff.—
The cochairman of the Task Force shall appoint a Director to carry out administrative duties. The Director may hire such staff and incur such expenses on behalf of the Task Force for which funds are available.
(5)

Rule.—
Employees of the Task Force shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.
(b)

Duties of the Task Force.—
(1)

Audit.—
The Task Force shall conduct an audit of the Trans-Alaska Pipeline System (hereinafter referred to as “TAPS”) including the terminal at Valdez, Alaska, and other related onshore facilities, make recommendations to the President, the Congress, and the Governor of Alaska.
(2)

Comprehensive review.—
As part of such audit, the Task Force shall conduct a comprehensive review of the TAPS in order to specifically advise the President, the Congress, and the Governor of Alaska concerning whether—
(A)
the holder of the Federal and State right-of-way is, and has been, in full compliance with applicable laws, regulations, and agreements;
(B)
the laws, regulations, and agreements are sufficient to prevent the release of oil from TAPS and prevent other damage or degradation to the environment and public health;
(C)
improvements are necessary to TAPS to prevent release of oil from TAPS and to prevent other damage or degradation to the environment and public health;
(D)
improvements are necessary in the onshore oil spill response capabilities for the TAPS; and
(E)
improvements are necessary in security for TAPS.
(3)

Consultants.—
(A)
The Task Force shall retain at least one independent consulting firm with technical expertise in engineering, transportation, safety, the environment, and other applicable areas to assist the Task Force in carrying out this subsection.
(B)
Contracts with any such firm shall be entered into on a nationally competitive basis, and the Task Force shall not select any firm with respect to which there may be a conflict of interest in assisting the Task Force in carrying out the audit and review. All work performed by such firm shall be under the direct and immediate supervision of a registered engineer.
(4)

Public comment.—
The Task Force shall provide an opportunity for public comment on its activities including at a minimum the following:
(A)
Before it begins its audit and review, the Task Force shall review reports prepared by other Government entities conducting reviews of TAPS and shall consult with those Government entities that are conducting ongoing investigations including the General Accounting Office. It shall also hold at least 2 public hearings, at least 1 of which shall be held in a community affected by the Exxon Valdez oil spill. Members of the public shall be given an opportunity to present both oral and written testimony.
(B)
The Task Force shall provide a mechanism for the confidential receipt of information concerning TAPS, which may include a designated telephone hotline.
(5)

Task force report.—
The Task Force shall publish a draft report which it shall make available to the public. The public will have at least 30 days to provide comments on the draft report. Based on its draft report and the public comments thereon, the Task Force shall prepare a final report which shall include its findings, conclusions, and recommendations made as a result of carrying out such audit. The Task Force shall transmit (and make available to the public), no later than 2 years after the date on which funding is made available under paragraph (7), its final report to the President, the Congress, and the Governor of Alaska.
(6)

Presidential report.—
The President shall, within 90 days after receiving the Task Force's report, transmit a report to the Congress and the Governor of Alaska outlining what measures have been taken or will be taken to implement the Task Force's recommendations. The President's report shall include recommended changes, if any, in Federal and State law to enhance the safety and operation of TAPS.
(7)

Earmark.—
Of amounts in the Fund, $5,000,000 shall be available, subject to appropriations, annually without fiscal year limitation to carry out the requirements of this section.
(c)

General Administration and Powers of the Task Force.—
(1)

Audit access.—
The Comptroller General of the United States, and any of his or her duly appointed representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Task Force that are pertinent to the funds received and expended by the Task Force.
(2)

Termination.—
The Task Force shall cease to exist on the date on which the final report is provided pursuant to subsection (b)(5).
(3)

Functions limitation.—
With respect to safety, operations, and other matters related to the pipeline facilities (as such term is defined in section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979) of the TAPS, the Task Force shall not perform any functions which are the responsibility of the Secretary of Transportation under the Hazardous Liquid Pipeline Safety Act of 1979, as amended. The Secretary may use the information gathered by and reports issued by the Task Force in carrying out the Secretary's responsibilities under that Act.
(4)

Powers.—
The Task Force may, to the extent necessary to carry out its responsibilities, conduct investigations, make reports, issue subpoenas, require the production of relevant documents and records, take depositions, and conduct directly or, by contract, or otherwise, research, testing, and demonstration activities.
(5)

Examination of records and properties.—
The Task Force, and the employees and agents it so designates, are authorized, upon presenting appropriate credentials to the person in charge, to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with applicable laws and agreements.
(6)

FOIA.—
The information gathered by the Task Force pursuant to subsection (b) shall not be subject to section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), until its final report is issued pursuant to subsection (b)(6).
[43 U.S.C. 1651 note]
* * * * * * *