101st CONGRESS
1st Session
H.R. 1465
AMENDMENT
HR 1465 EAS
In the Senate of the United States,
November 19 (legislative day, November 6), 1989.
Resolved, That the bill from the House of Representatives (H.R. 1465)
entitled `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', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

8cd57c6e136895032bb246844a6dd49b258d2bacc0fa073a529237ddd30f6513

fbf282762ea81ecc0f8c20072d128f5da5837e3df1a162fd7ac11e758f9e10ca

Subtitle A--Provisions Applicable Nationally

7d65328b98017c73c07a43b5e69fc646357ea47d0fe70fc312850e35dbed2f9f

TITLE II

-OIL POLLUTION PREVENTION AND RESPONSE

Subtitle B--Provisions Applicable With Respect to States or Regions

8112c3b53457192c90de32b9c36cacced2ea9868813d0c69a732242b4429922f

TITLE III

-OIL TANKER NAVIGATION SAFETY

b6e83d74da36d2d4125af2c0d44abb0c6b11632de57305d79c8d76de0a68b207

TITLE V

-OVERSIGHT AND MONITORING

liability for potential oil spills in the Great Lakes and the Saint Lawrence
Seaway and international contingency plans.

e9c63d80ebdd4887cf5bf1636b76c625468edb42edc6f2b1f69e8017ed766339

TITLE VI

-GENERAL PROVISIONS

1e7d45a94558b7b2d2df717bf71f4c3eb9b661659c5a7c1985b46c4bbfb847e4

(1) oil spills in coastal and inland waters that are not contained and
removed promptly and completely can cause serious environmental damage,
including contamination of water, fouling of shorelines, and injury to fish,
shellfish, and wildlife;
(2) oil spills in coastal and inland waters that are not contained and
removed promptly and completely can cause significant economic impacts
including damage to commercial and recreational fisheries, loss of
recreational opportunities, and declines in tourism and related activities;
(3) oil spills occur on a regular basis in United States coastal and inland
waters, with over ten thousand oil spills reported each year between 1973
and 1985;
(4) in March of this year, the largest oil spill in United States history
occurred when the tanker Exxon Valdez ran aground in Prince William Sound,
Alaska, spilling eleven million gallons of crude oil to the surrounding
waters;
(5) the Exxon Valdez spill caused widespread and significant adverse
impacts to the marine environment, to fish, birds, marine mammals, and
other wildlife, to the commercial fishery of Southcentral Alaska and to
Native villages and subsistence users, and the cleanup of the spill will
cost millions of dollars;
(6) in the several months since the wreck of the Exxon Valdez, three
additional major oil spills occurred within a twenty-four hour period
in waters off Rhode Island, in the Delaware River, and in the Houston
Ship Channel;
(7) there is a need to establish an adequate system of liability and
compensation to assure prompt and complete cleanup of spilled oil and to
compensate those damaged by such pollution;
(8) it is essential that State oil pollution liability and compensation
statutes not be preempted in any manner by Federal law or international
protocols;
(9) there is a need to provide clear direction to the President to ensure
prompt and proper response to oil spills unless the President specifically
determines that a private party is providing such a response;
(10) there is a need to establish minimum Federal standards and requirements
for Federal approval in contingency planning to assure the prompt and
effective response to oil spills from facilities and vessels;
(11) there is a need to establish an adequate and effective system of
response centers storing necessary vessels, equipment, and supplies and
housing necessary personnel to assure the prompt and effective response
to oil spills from facilities and vessels;
(12) there is a need to provide for full and sustained involvement of
local citizens and interested groups including fishing, business, and
environmental interests, in the development of oil spill contingency plans
and the oversight of operations at major oil facilities and terminals;
(13) there is a need to establish a clear and sufficient structure of
penalties to effectively deter those who would discharge oil to the waters
of the United States or to punish those who cause such discharges;
(14) there is a need to establish an adequate program of research to
develop technologies and practices to clean up oil spills, to understand the
environmental impacts of such spills, or to develop the necessary baseline
information on the marine environment to understand the long-term effects
of such spills; and
(15) it is essential that measures to address the problems associated with
prevention, response, cleanup, and compensation relating to oil spills be
enacted into law at the earliest possible date.
DEFINITIONS

747d0634bb48155c3581c8d8ef580c5b27f3ebcf48275162411b57a2c198b1cd

(1) the terms `vessel', `public vessel', `owner or operator', `remove' or
`removal', `contiguous zone', `onshore facility', `offshore facility', and
`barrel' shall have the meaning provided in section 311(a) of the Clean
Water Act;
(2) the terms `person', `navigable waters', and `territorial seas' shall
have the meaning provided in section 502 of the Clean Water Act;
(3) the term `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;
(4) the term `claim' means a request, made in writing for a sum certain, for
compensation for damages or removal costs resulting from a discharge of oil;
(5) the term `claimant' means any person who presents a claim for
compensation under this Act;
(6) the term `damages' means damages for economic loss or the loss of or
injury to natural resources as specified in section 102(a) of this Act;
(7) the term `deepwater port facility' means an offshore facility which
is or was licensed under the Deepwater Port Act of 1974;
(8) the term `discharge' means any emission other than natural seepage,
intentional or unintentional, into the environment, and includes, but is
not limited to, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping;
(9) the term `environment' means the navigable waters, the waters of
the contiguous zone, the ocean waters of which the natural resources are
under the exclusive management authority of the United States under the
Magnuson Fishery Conservation and Management Act, adjoining shorelines,
and the ambient air above such waters and shorelines;
(10) the term `foreign offshore unit' means a structure or group of
structures which is located, in whole or in part, in the territorial sea
or on the continental shelf of a foreign country 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 seabed beneath the foreign country's territorial sea or from the
foreign country's continental shelf;
(11) the term `Fund' means the Oil Spill Compensation Fund, hereby
established under this Act;
(12) the term `guarantor' means any person, other than the owner or operator,
who provides evidence of financial responsibility for an owner or operator
under this Act or section 311(p) of the Clean Water Act;
(13) the term `lessee' means a person holding a leasehold interest in
an oil or gas lease on submerged lands of the Outer Continental Shelf,
granted or maintained under the Outer Continental Shelf Lands Act;
(14) the term `liable' or `liability' under this Act shall be construed
to be the standard of liability which obtains under section 311 of the
Clean Water Act;
(15) the term `mobile offshore drilling unit' means a vessel capable of
use as an Outer Continental Shelf facility to drill for oil;
(16) the term `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 established by Presidential Proclamation Numbered 5030, dated
March 10, 1983), any State or local government, or any foreign government;
(17) the term `oil' means oil of any kind or in any form, including, but
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed
with wastes other than dredged spoil;
(18) 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;
(19) the term `owner or operator' means--
(A) with respect to an Outer Continental Shelf facility other than a
pipeline or mobile offshore drilling unit, 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 the Outer Continental Shelf Lands Act for the area
in which the facility is located (where the holder is a different person
than the lessee or permittee);
(B) with respect to a mobile offshore drilling unit being used as an
Outer Continental Shelf facility, from which oil is discharged on or
above the surface of the water (or which posed a substantial threat of
such a discharge), the owner or operator of the unit, and such unit shall
be deemed to be a tanker;
(C) with respect to a mobile offshore drilling unit being used as an Outer
Continental Shelf facility--
(i) from which oil is discharged on or above the surface of the water (or
which posed a substantial threat of such a discharge), to the extent removal
costs or damages exceed the limitation specified in section 102(c)(1)(A), or
(ii) from which oil is discharged below the surface of the water (or which
posed a substantial threat of such a discharge),
the lessee or permittee of the area in which the unit is located, or the
holder of a right of use and easement granted under the Outer Continental
Shelf Lands Act for the area in which the unit is located (where the holder
is a different person than the lessee or permittee);
(20) the term `permittee' means a person holding an authorization, license,
or permit for geological exploration issued under section 11 of the Outer
Continental Shelf Lands Act;
(21) the term `removal costs' means the costs of removal taken after a
discharge of oil has occurred or where there was a substantial threat of
a discharge of oil, to prevent, minimize, or mitigate oil pollution from
that incident, including all costs of completing removal as determined
under section 106(d). Such removal costs are (A) actual costs incurred by
the United States, a State or an Indian tribe, not inconsistent with the
National Contingency Plan, and (B) any other costs of response incurred
by any other person consistent with the National Contingency Plan;
(22) the term `tanker' means a vessel constructed or adapted for the
carriage of oil in bulk or in commercial quantities as cargo; and
(23) the terms `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 over which
the United States has jurisdiction.
LIABILITY

7d373257284d5a1f1dfec89e6e198f3331be562160228e5cda63d5525a10e709

TITLE I

-OIL POLLUTION LIABILITY AND COMPENSATION

subject only to the defenses set forth in subsection (b) of this section,
the owner or operator of a vessel or an onshore or offshore facility from
which oil is discharged, or which posed the threat of a discharge which
causes the incurrence of removal costs, shall be liable for--
(1)(A) all removal costs incurred by the United States Government or a
State under subsection (c), (d), (e), (f)(4), or (l) of section 311 of the
Clean Water Act or under the Intervention on the High Seas or section 18
of the Deepwater Port Act of 1974; and
(B) any removal costs incurred by any person, including, but not limited
to, any State; and
(2) all damages for economic loss or loss of natural resources resulting
from such a discharge, including--
(A) any injury to, destruction of, or loss of any real or personal property;
(B) any loss of use of real or personal property;
(C) any injury to, destruction, mitigation, or loss of natural resources,
including the reasonable costs of assessing such injury, destruction,
or loss;
(D) any loss of use, including loss of subsistence use, of any natural
resources, without regard to the ownership or management of such resources;
(E) any loss of income or profits or impairment of earning capacity resulting
from injury to or destruction of real or personal property or natural
resources, without regard to the ownership of such property or resources; and
(F) any direct or indirect loss of tax, royalty, rental, or net profits
share revenue by the Federal Government or any State or political subdivision
thereof, for a period of not to exceed one year.
(b)(1) There shall be no liability under subsection (a) of this section
for a person otherwise liable who can establish by a preponderance of the
evidence that the discharge or threat of discharge of oil and the damages
resulting therefrom were caused solely by--
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than an employee or agent
of the defendant, or than one whose act or omission occurs in connection
with a contractual relationship, existing directly or indirectly, with
the defendant (except where the sole contractual arrangement arises from a
published tariff and acceptance for carriage by a common carrier by rail),
if the defendant establishes by a preponderance of the evidence that
(i) the defendant exercised due care with respect to the oil concerned,
taking into consideration the characteristics of such oil, in light of all
relevant facts and circumstances, and (ii) the defendant took precautions
against foreseeable acts or omissions of any such third party and the
consequences that could foreseeably result from such acts or omissions; or
(D) any combination of the foregoing paragraphs.
(2) In any case where the owner or operator of a vessel or an onshore or
offshore facility can establish by a preponderance of the evidence that
a discharge and the damages resulting therefrom were caused solely by
an act or omission of a third party in accordance with paragraph (1)(C)
(or solely by such an act or omission in combination with an act of God
or an act of war), such third party shall be liable under this section as
if such third party were the owner or operator of a vessel or onshore or
offshore facility from which the discharge actually occurred. Where the
owner or operator of a tanker or an onshore or offshore facility which
handles or stores oil in bulk or commercial quantities, from which oil is
discharged, alleges that such discharge was caused solely by an act or
omission of a third party, such owner or operator shall promptly pay to
the United States Government, and any other claimant, the costs of removal
or damages claimed and shall be entitled by subrogation to all rights of
the United States Government or other claimant to recover such costs of
removal or damages from such third party under this sub-section.
(c)(1) The liability of an owner or operator of a vessel or an onshore
or offshore facility for damages and removal costs under this section for
each discharge or incident shall not exceed--
(A) $1,000 per gross ton or $10,000,000, whichever is greater, of any tanker
carrying oil in bulk or in commercial quantities as cargo, including any
such barge operating in the navigable waters;
(B) $600 per gross ton or $500,000, whichever is greater, of any other
vessel;
(C) the total of all removal costs under subsection (a)(1) of this section
plus $75,000,000 for any Outer Continental Shelf facility;
(D) $350,000,000 for any deepwater port facility (including the liability
of the licensee for a discharge from any vessel moored at such port, in
any case where $350,000,000 exceeds $1,000 per gross ton of such vessel); or
(E) $350,000,000 for any other onshore or offshore facility.
The liability of an owner or operator under this section for interest
(including prejudgment interest) shall not be subject to the limitations of
this paragraph.
(2) Notwithstanding the limitations of paragraph (1) of this subsection,
the liability of the owner or operator of a vessel or an onshore or offshore
facility under subsection (a) of this section shall be the full and total
damages and removal costs not offset by any removal costs incurred on
behalf of such owner or operator, if (A) the discharge of oil was the
result of willful misconduct or gross negligence or of a violation of
applicable safety, construction, or operating standards or regulations; or
(B) the owner or operator fails or refuses to report the discharge where
required by law or to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal activities
or to provide removal action upon order of a responsible official. For the
purpose of this paragraph, applicable standards or regulations with respect
to a vessel shall be those adopted or promulgated by a Federal agency.
(3) Notwithstanding the limitations of paragraph (1) of this subsection or
the defenses of subsection (b) of this section, all removal costs incurred
by the United States Government or any State or local official or agency
in connection with 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)(A) The President is authorized to establish by regulation, with
respect to any class or category of onshore or offshore facility subject to
paragraph (1) (D) or (E) of this subsection, a maximum limit of liability
under this section of less than $350,000,000, but not less than $8,000,000,
taking into account the 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.
(B) The President shall, by regulation, not less often than every three
years, adjust the limits of liability specified in paragraph (1) of this
subsection to reflect significant increases in the Consumer Price Index.
(5) If any person who is liable for a discharge or threat of discharge of oil
from a vessel or onshore or offshore facility fails without sufficient cause
to properly provide removal action upon order of the President pursuant
to section 311 of the Federal Water Pollution Control Act, such person
may be liable to the United States for punitive damages in an amount
at least equal to three times the amount of any costs incurred by the
Fund as a result of such failure to take proper action. The President is
authorized to commence a civil action against any such person to recover
the punitive damages. Any moneys received by the United States pursuant
to this subsection shall be deposited in the Fund.
(6)(A) Any person who receives and complies with the terms of any order
issued under paragraph (1) may, within 60 days after completion of the
required action, petition the President for reimbursement from the Fund
established under this section for the reasonable costs of such action,
plus interest. Any interest payable under this subparagraph shall accrue
on the amounts expended from the date of expenditure at the same rate as
specified for interest on investments of the Fund.
(B) If the President refuses to grant all or part of a petition made under
this paragraph, the petitioner may within 30 days of receipt of such
refusal file an action against the President in the appropriate United
States district court seeking reimbursement from the Fund established
under this section.
(C) Except as provided in clause (D), to obtain reimbursement, the petitioner
shall establish by a preponderance of the evidence that it is not liable
for removal costs and damages under subsection (f) of this section and
that costs for which it seeks reimbursement are reasonable in light of
the action required by the relevant order.
(D) A petitioner who is liable for removal costs and damages under this
section may also recover its reasonable costs of response to the extent
that it can demonstrate, on the administrative record, that the President's
decision in selecting the removal action ordered was arbitrary and capricious
or was otherwise not in accordance with law. Reimbursement awarded under
this subparagraph shall include all reasonable removal costs incurred by
the petitioner pursuant to the portions of the order found to be arbitrary
and capricious or otherwise not in accordance with law.
(E) Reimbursement awarded by a court under clause (C) or (D) may include
appropriate costs, fees, and other expenses in accordance with subsections
(a) and (d) of section 2412 of title 28, United States Code.
(d)(1) In the case of an injury to, destruction of, or loss of natural
resources under subsection (a)(2)(C) of this section, liability shall be
(A) to the United States Government for natural resources belonging to,
managed by, controlled by, or appertaining to the United States, and (B) to
any State for natural resources within the State or belonging to, managed by,
controlled by, or appertaining to such State, and (C) where subsection (e)
of this section applies, to the government of a foreign country for natural
resources belonging to, managed by, controlled by, or appertaining to such
government. The President, or the authorized representative of any State or
of the foreign government, shall act on behalf of the public as trustee of
such natural resources to recover for such damages. Sums recovered by the
United States Government as trustee under this subsection shall be retained
by the trustee, without further appropriation, for use only to restore,
replace, or acquire the equivalent of such natural resources, except that
the use of such sums to acquire land or interests therein shall be subject
to further appropriation and used as specifically provided in appropriation
Acts. Sums recovered by a State as trustee under this subsection shall
be available for use only to restore, replace, or acquire the equivalent
of such natural resources by the State. The measure of damages in any
action under subsection (a)(2)(C) shall not be limited by the sums which
can be used to restore or replace such resources. There shall be no double
recovery under this Act by the same claimant for natural resource damages,
including the costs of damage assessment or restoration, rehabilitation,
or acquisition for the same discharge and natural resource.
(2)(A) The President shall designate the Federal officials who shall
act on behalf of the public as trustees for natural resources under this
Act. Such officials shall assess damages for injury to, destruction of,
or loss of natural resources for purposes of this Act for those resources
under their trusteeship and may, upon request of and reimbursement from
a State and at the Federal officials discretion, assess damages for those
natural resources under the State's trusteeship.
(B) The Governor of each State shall designate State officials who may act
on behalf of the public as trustee for natural resources under this Act
and shall notify the President of such designations. Such State officials
shall assess damages to natural resources for the purposes of this Act
for those natural resources under their trusteeship.
(C) Any determination or assessment of damages to natural resources for
the purposes of this Act made by a Federal or State trustee in accordance
with the regulations promulgated under paragraph (3) of this subsection
shall have the force and effect of a rebuttable presumption on behalf of
the trustee in any administrative or judicial proceeding under this Act.
(3)(A) The President, acting through the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with the
Administrator of the Environmental Protection Agency, the Director of
the Fish and Wildlife Service, and the heads of other affected agencies,
not later than two years after the enactment of this Act, shall promulgate
regulations for the assessment of damages for injury to, destruction of,
or loss of natural resources resulting from a discharge of oil for the
purpose of this Act.
(B) Such regulations shall specify: standard procedures for simplified
assessments requiring minimal field observation, including establishing
measures of damages based on units of discharge or units of affected areas,
where damages equal the costs of restoration, replacement, or acquisition of
equivalent resources, the diminutions in value of those resources pending
restoration; and the need for individual assessments. Such regulations
shall identify the best available procedures to determine such damages.
(C) Such regulations shall be reviewed and revised as appropriate every
two years.
(e)(1) The recovery of removal costs and damages by (A) persons residing
in a foreign country, (B) the government of a foreign country, or (C)
any agency or political subdivision of a foreign country, under this Act,
shall be exclusively in accordance with this subsection.
(2) A claimant under this subsection must demonstrate that the claimant has
not been otherwise compensated for incurred removal costs or damages. Except
with respect to paragraph (3)(D) of this subsection, a claimant under this
subsection must demonstrate (A) that recovery is authorized by a treaty or
executive agreement between the United States and the claimant's country, or
(B) that 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.
(3) Where 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 occurs, claims for removal costs and damages may be made under this
subsection if the removal costs or damages resulted from a discharge of,
or substantial threat of a discharge, of oil from--
(A) an Outer Continental Shelf facility or a deepwater port facility,
(B) a vessel occurring in the navigable waters of the United States,
(C) a vessel carrying oil as cargo between two ports subject to the
jurisdiction of the United States; or
(D) a tanker that received oil at the terminal of the pipeline constructed
under the Trans-Alaska Pipeline Authorization Act for transportation to a
port in the United States, the discharge or threat having occurred prior
to delivery to that port.
(4) This subsection shall apply only in the case of discharges of oil
occurring after the enactment of this Act.
(f)(1) No indemnification, hold harmless, or similar agreement or conveyance
shall be effective to transfer from the owner or operator of any vessel
or onshore or offshore facility or from any person who may be liable for
a discharge or threat of discharge under this section, to any other person
the liability imposed under this section. Nothing in this subsection shall
bar any agreement to insure, hold harmless, or indemnify a party to such
agreement for any liability under this section.
(2) Nothing in this Act, including the provisions of paragraph (1) of this
subsection, shall bar a cause of action that an owner or operator subject
to liability under this section, or a guarantor, has or would have, by
reason of subrogation or otherwise against any person.
(g) The owner or operator of a vessel shall be liable in accordance with this
section and section 311 of the Clean Water Act, under maritime tort law,
and as provided in section 106 of this Act, notwithstanding any provision
of the Act of March 3, 1851 (46 U.S.C. 183), or the absence of any physical
damage to the proprietary interest of the claimant.
(h) Solely for the purpose of bringing claims that arise from the discharge
of oil, the United States hereby confirms that all right, title, and
interest of the United States in and to the lands validly selected but
not yet conveyed pursuant to the Alaska Native Claims Settlement Act as
amended (43 U.S.C. 1601, et seq.), or the Alaska National Interest Lands
Conservation Act (Public Law 96-487), to Alaska Native corporations, are
deemed to have vested in the respective corporations as of March 23, 1989.
USES OF FUND

99cfb3765dba0ccc01344a4bebd4a04271b755d95c819ac95582983831a65d83

following purposes:
(1) all removal costs or other costs of carrying out the purposes of
subsections (c), (d), (i), and (l) of section 311 of the Clean Water Act,
sections 5 and 7 of the Intervention on the High Seas Act, and section 18 of
the Deepwater Port Act, with respect to discharges, or substantial threats
of discharges, of oil (as the term `oil' is defined in each respective Act);
(2) payment of any claim for removal costs or damages--
(A) in excess of the amount for which the owner or operator of the vessel
or onshore or offshore facility from which oil is discharged is liable
under section 102 of this Act;
(B) where the source of the discharge of oil is not known or cannot be
identified; or
(C) in any case where the claim has not been satisfied in accordance with
subsection (c) of this section;
(3) payment of any claim for removal costs and damages that have resulted
from the discharge, or substantial threat of a discharge, of oil from a
foreign offshore unit;
(4)(A) payment of costs incurred by any State in responding to a discharge,
or substantial threat of a discharge, of oil into the navigable waters
or adjoining shorelines from a vessel, an onshore facility, an offshore
facility, or a foreign offshore unit, as provided in subsection (d) of
this section;
(B) reimbursement to any State for the payment of any claims for removal
costs or damages payable under this Act which such State has paid with
funds under the control of such State, including payment pursuant to a
delegation under subsection (c) of this section;
(5) the costs of assessing both short-term and long-term injury to,
destruction of, or loss of any natural resources resulting from a discharge
of oil;
(6) the costs of Federal or State efforts to restore, rehabilitate, replace
or acquire the equivalent of any natural resources injured, destroyed,
or lost as a result of any discharge of oil, except that Federal efforts
to acquire land or interests therein shall be subject to such amounts as
are specifically provided in appropriation Acts;
(7) the costs, not to exceed $50,000,000, of establishing the regional oil
spill response teams required under section 311(s) of the Clean Water Act,
of providing other equipment, personnel, and similar overhead related to
the purposes of this Act and section 311 of the Clean Water Act, and of
establishing damage assessment capability for any Federal agency involved
in regional oil spill response teams, strike forces, emergency task forces,
or other response teams;
(8) subject to such amounts as are provided in appropriation Acts, the
costs of operating and maintaining the regional oil spill response teams
required under section 311(s) of the Clean Water Act; of maintaining the
damage assessment capability for any Federal agency involved in regional
oil spill response teams, strike forces, emergency task forces, or other
response teams; and of establishing and maintaining the oil spill research
and development program required under section 311(u) of the Clean Water Act;
(9) the costs of a program to identify, investigate, and take enforcement
and abatement action against discharges of oil, including the provisions
of section 311(j)(1) (C) and (D) of the Clean Water Act; and
(10) all administrative and personnel costs of administering the Fund and
this Act.
(b) The maximum amount which may be paid from the Fund with respect to
any single discharge or incident shall not exceed $1,000,000,000.
(c)(1) The President is authorized to promulgate regulations designating one
or more Federal officials who may obligate money in the Fund in accordance
with subsection (a) of this section or portions thereof. The President is
also authorized to delegate authority to obligate money in the Fund or to
settle claims to officials of a State with an adequate program operating
under a cooperative agreement with the Federal Government.
(2) The President is authorized to delegate the administration of his duties
and authorities under this Act to the heads of those Federal departments,
agencies, and instrumentalities which the President determines appropriate.
(3)(A) Notwithstanding section 9509(d) of the Internal Revenue Code of 1986,
the Secretary of the Treasury shall, at the request of the Secretary,
advance such sums to the Fund in such amount and at such times as are
necessary to pay removal costs or damages associated with a discharge or
substantial threat of discharge: Provided, That amounts advanced shall not
be greater than $1,000,000,000 per incident: Provided further, That the
aggregate amount of repayable advances to the Fund which is outstanding
at any one time shall not exceed $1,000,000,000 per incident.
(B) Advances made pursuant to this paragraph shall be repaid, and interest
on such advances shall be paid, to the general fund of the Treasury. Such
interest shall be calculated at the average of the highest rate for
commercial and finance company paper of maturities of one hundred and
eighty days or less obtaining on each of the days included within the
period for which the interest must be paid to the claimant, as published
in the Federal Reserve bulletin.
(4)(A) The President shall promulgate, and may from time to time amend,
regulations for the presentation, filing, processing, settlement, and
adjudication of claims for removal costs or damages resulting from the
discharge, or substantial threat of a discharge, of oil under this Act.
(B) Whenever the President receives information from any person alleging
that a person has incurred removal costs or damages resulting from the
discharge, or substantial threat of a discharge, of oil respecting which
the owner or operator of a vessel or onshore or offshore facility is or
may be liable under section 102 of this Act, the President shall notify
the owner, operator, or guarantor of such vessel or facility of that
allegation. Such owner or operator or guarantor may, within five days after
receiving the notification or presentation of any claim by a claimant,
deny the allegation, or deny liability for removal costs and damages for
any of the reasons set forth in subsection (b) of section 102 of this Act.
(C) The owner or operator of any vessel or onshore or offshore facility
from which oil has been discharged shall provide notice to all potentially
injured parties.
(D) No claims may be asserted against the Fund pursuant to subsection
(a) unless such claim is presented in the first instance to the owner
or operator or guarantor of the vessel or onshore or offshore facility
from which oil has been discharged, if known to the claimant, and to any
other person known to the claimant who may be liable under section 102. In
any case where the claim has not been satisfied within one hundred eighty
days of presentation in accordance with this subsection, the claimant may
present the claim to the Fund for payment. No claim against the Fund may
be approved or certified during the pendency of an action by the claimant
in court to recover costs which are the subject of the claim.
(d) The Governor of each State, or any appropriate State official
designated by the Governor, is authorized to obligate the Fund for the
payment of removal costs in an amount not to exceed $250,000 per discharge
or substantial threat of discharge of oil, for the purpose of immediate
response, subject only to the requirement that the President be notified
within twenty-four hours of any such obligation under the authority of
this sentence. In addition, the President shall enter into an agreement
with the Governor of any interested State to provide a procedure by which
the Governor or designated State official may undertake additional removal
action or obligate the Fund for the additional payment of removal costs
for response to a particular discharge or substantial threat of discharge,
subject to such terms and conditions as may be agreed upon. Such agreements
shall provide for political subdivisions of the State to receive payments
for reasonable removal costs and may authorize advance payments from such
account to facilitate such efforts. Payments under subsection (a)(4)(A)
of this section, other than as authorized by the first sentence of
this subsection, shall be made in accordance with such agreements. The
President shall, not later than six months after the enactment of this Act,
publish proposed regulations further establishing how the authority of this
subsection to obligate the Fund or enter into agreements is to be exercised,
and, not later than three months after the close of the comment period on
such proposed regulations, shall promulgate such regulations.
(e)(1) Payment of any claim by the Fund under this section shall be subject
to the United States Government acquiring by subrogation all rights of the
claimant to recover the removal costs or damages from the responsible party.
(2) Any person, including the Fund, who pays compensation pursuant to this
Act to any claimant for costs or damages shall be subrogated to all rights,
claims, and causes of action for those costs and damages that the claimant
has under this Act or under any other law.
(3) Upon request of the President, 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, without regard to any limitation
of liability with respect to an owner or operator under section 102(c),
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 owner or
operator or (subject to section 104(e)) 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.
(f) The Fund shall not be available to pay any claim for costs or damages
to the extent the discharge or the damages had been caused by the gross
negligence or willful misconduct of that particular claimant.
(g) The Comptroller General shall provide an audit review team to audit
all payments, obligations, reimbursements, or other uses of the Fund,
to assure that the Fund is being properly administered and that claims
are being appropriately and expeditiously considered. The Comptroller
General shall submit to the Congress an interim report one year after
the establishment of the Fund. The Comptroller General shall thereafter
provide such auditing of the Fund as is appropriate. Each Federal agency
shall cooperate with the Comptroller General in carrying out this subsection.
(h)(1) No claim may be presented under this section for recovery of
removal costs after the date six years after the date of completion of
all removal action.
(2) No claim may be presented under this section for recovery of damages
unless the claim is presented within three years after the date of the
discovery of the loss and its connection with the release in question, or
in the case of damages under section 102(a)(2)(C), if later, the date on
which final regulations are promulgated under section 102(d)(3) of this Act.
(3) The time limitations contained herein shall not begin to run--
(A) against a minor until the earlier of the date when such minor reaches
eighteen 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 such incompetent.
(i) Where the President has paid out of the Fund for any removal costs or
any costs specified under subsection (a) (5) or (6), no other claim may
be paid out of the Fund for the same costs.
(j) Except in a situation requiring action to avoid an irreversible loss
of natural resources or to prevent or reduce any continuing danger to
natural resources or similar need for emergency action, funds may not be
used under this Act for the restoration, rehabilitation, or replacement
or acquisition of the equivalent of any natural resources until a plan for
the use of such funds for such purposes has been developed and adopted by
affected Federal agencies and the Governor or Governors of any State having
sustained damage to natural resources within its borders, belonging to,
managed by or appertaining to such State, after adequate public notice
and opportunity for hearing and consideration of all public comment.
(k) In the expenditure of Federal funds for removal of oil, including, but
not limited to, distribution of supplies, construction and other reasonable
and appropriate activities, which may be carried out by contract or agreement
with private persons, preference shall be given, to the extent feasible and
practicable, to those private persons residing or doing business primarily
in the area affected by the discharge of oil. This section shall not be
considered to restrict the use of the Department of Defense resources.
FINANCIAL RESPONSIBILITY

95b7a5b748f45cf090df75722589912dff404e552e61f886bb6f392609c62aa0

tons (except a non-self-propelled barge that does not carry oil as cargo or
fuel), using any port or place in the United States or the navigable waters
or any outer continental shelf facility or deepwater port facility or the
water of the exclusive economic zone to transship or lighter oil destined
for a port or place subject to the jurisdiction of the United States,
shall establish and maintain, in accordance with regulations promulgated
by the President, evidence of financial responsibility sufficient to meet
the maximum amount of liability to which, in the case of a tanker, the
owner or operator could be subjected under section 102(c)(1)(A) of this
Act, or to which, in the case of any other vessel, the owner or operator
could be subjected under section 102(c)(1)(B) of this Act, in a case where
the owner or operator would be entitled to limit liability under that
section. If the owner or operator owns or operates more than one vessel,
evidence of financial responsibility need be established only to meet the
maximum liability applicable to the largest of such vessels.
(2) 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 subsection that does not have the certification
required under this subsection or the regulations issued hereunder.
(3) The Secretary of the department in which the Coast Guard is operating
may (A) deny entry to any outer continental shelf facility, and deepwater
port facility, or any port or place in the United States, or (B) detain at
such a facility or port or place, any vessel that, upon request, does not
produce the certification required under this subsection or the regulations
issued hereunder.
(4) Any vessel subject to the requirements of this subsection which is
found in the navigable waters without the necessary evidence of financial
responsibility shall be subject to seizure by the United States of any
oil carried as cargo.
(b) Each owner or operator with respect to an outer continental shelf
facility, deepwater port facility, or other offshore facility, shall
establish and maintain evidence of financial responsibility sufficient
to meet the maximum amount of liability to which the owner or operator
could be subjected under section 102 of this Act in a case where the
owner or operator would be entitled to limit liability under that section,
or, in the case of an Outer Continental Shelf facility, in the amount of
$100,000,000. Such evidence of financial responsibility shall be established
according to regulations prescribed by the President.
(c) Financial responsibility under this section may be established by any
one, or by any combination, of the following methods, which the President
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 President is authorized to specify
policy or other contractual terms, conditions, or defenses which are
necessary, or which are unacceptable, in establishing such evidence of
financial responsibility in order to effectuate the purposes of this Act.
(d) Any claim for which liability may be established under section 102 of
this Act may be asserted directly against any guarantor providing evidence
of financial responsibility for an owner or operator liable under that
section for costs and damages to which the claim pertains. In defending
against such a claim, the guarantor may invoke all rights and defenses
which would be available to the responsible party under section 102. The
guarantor may also invoke the defense that the discharge was caused by the
willful misconduct of the owner or operator, but the guarantor may not
invoke any other defense that might be available in proceedings brought
by the owner or operator against the guarantor.
(e) The total liability of any guarantor in a suit brought under this
section shall be limited to the aggregate amount of the monetary limits
of the policy of insurance, guarantee, surety bond, letter of credit, or
similar instrument obtained from the guarantor by the person subject to
liability under section 102 for the purpose of satisfying the requirement
for evidence of financial responsibility. Nothing in this subsection shall
be construed to limit any other State or Federal statutory, contractual,
or common law liability of a guarantor, including, but not limited to,
the liability of such guarantor for bad faith either in negotiation or in
failing to negotiate the settlement of any claim. Nothing in this subsection
shall be construed, interpreted, or applied to diminish the liability of
any person under section 102 of this Act or other applicable law.
(f)(1) Any person who, after notice and an opportunity for a hearing,
is found to have failed to comply with the requirements of this section
or the regulations issued thereunder, or with a denial or detention order
issued under subsection (a)(3) of this 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.
(2) In addition to, or in lieu of, assessing a penalty under paragraph
(1) of this subsection, the President may request the Attorney General to
secure such relief as necessary to compel compliance with this section,
including, but not limited to, a judicial order terminating operations. The
district courts of the United States shall have jurisdiction to grant such
relief as the public interest and the equities of the case may require.
(g) Any regulation respecting 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, shall be deemed and 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 new regulations issued under this section.
LITIGATION, JURISDICTION AND VENUE

9743bfea227f324e626723bd334cffcf1478525a854775d23258e7b0acf14608

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 ninety 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) Except as provided in subsections (a) and (c) of this section, 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) A State trial court of competent jurisdiction over similar claims may
consider claims under section 102 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 section 102 and
section 103 of this Act.
(d) The provisions of subsections (a), (b), and (c) of this section 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) The President may prescribe the necessary regulations to carry out
this Act.
(f) No provision of this Act shall be deemed or held to moot any litigation
concerning any discharge of oil, or any damages associated therewith,
commenced prior to enactment of this Act.
(g)(1) Except as provided in paragraphs (3) and (4), no action may be
commenced for damages (as defined in section 101(6)) under this Act,
unless that action is commenced within three years after the date of the
discovery of the loss and its connection with the release in question,
or in the case of damages under section 102(a)(2)(C), if later, the date
on which regulations are promulgated under section 102(d)(3) of this Act.
(2) An action for recovery of removal costs referred to in section 102(a)(1)
must be commenced within three 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 section 102 for recovery of removal costs
at any time after such costs have been incurred.
(3) No action for contribution for any removal costs or damages may be
commenced more than three 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) 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 three years
after the date of payment of such claim.
(5) The time limitations contained herein shall not begin to run--
(A) against a minor until the earlier of the date when such minor reaches
eighteen 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.
STATE LAWS AND PROGRAMS

f719b04da7913e53ac94498eaf63df9b710611dbcbc870f4873fa6c1bfc8fd4f

preempting any State from imposing any additional liability or requirements
with respect to the discharge of oil or other pollution by oil within
such State. Nothing in this Act shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State law,
including common law, with respect to discharges of oil.
(b) Nothing in this Act or in section 9507 of the Internal Revenue Code
of 1986 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) A State may enforce, on the navigable waters of such State, the
requirements for evidence of financial responsibility applicable under
section 104 of this Act.
(d) The President shall consult with the affected State or States on
the appropriate removal action to be taken. Removal with respect to any
discharge or incident shall be considered completed when so determined by
the President and the Governor or Governors of the affected State or States.
(e) Nothing in this Act, the Act of March 3, 1851, as amended (46 U.S.C. 183
et seq.), or section 9507 of the Internal Revenue Code of 1986, 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.
FEDERAL RESPONSIBILITY

3a4e86a277ae737627637d3d49062a9d8478061fd4fe2315ae3ff7809fe3b946

is amended by striking all that follows after `1976)', and inserting the
following in lieu thereof: `the President shall remove or arrange for the
removal of such oil or substance at any time, unless the President determines
such removal will be done properly and promptly by a State or by the owner
or operator of the vessel, onshore facility, or offshore facility, from
which the discharge occurs. Such owner or operator must demonstrate to the
satisfaction of the President that such owner or operator has the financial
resources and technical capability necessary to effectively remove the oil
or hazardous substance. The President is authorized to order such owner
or operator to remove or arrange to remove the oil or hazardous substance
and to continue such removal actions until the President determines that
such actions are no longer 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.'
(b) Section 311(d) of the Federal Water Pollution Control Act (33
U.S.C. 1321(d)) is amended by striking out that section and inserting in
lieu thereof the following:
`(d) SUBSTANTIAL THREAT OF POLLUTION HAZARD- Whenever a marine disaster in
or upon the waters subject to the jurisdiction of the United States has
created a substantial threat of a pollution hazard to the public health
or welfare of the United States, including, but not limited to, fish,
shellfish, wildlife, and the public and private shorelines and beaches
of the United States, because of a discharge, or an imminent discharge,
of oil, or of a hazardous substance, from a vessel or a facility--
`(1) the President shall, acting through the person designated under
subsection (c)(2)(L) of this section, coordinate and direct all public
and private efforts directed at the removal or elimination of such threat,
including direction of the activities of the strike force established by
subsection (c)(2)(C) of this section and the regional oil spill response
teams established by subsection (s) of this section;
`(2) the coordination and direction of all public and private efforts
under paragraph (1) shall include such steps as may be necessary to ensure
compliance with and performance of approved contingency plans and shall
not affect the determination of the costs of containment and cleanup or
damages associated with or resulting from the discharge;
`(3) the President may summarily remove, and, if necessary, destroy such
vessel by whatever means are available;
`(4) the President may, if necessary to ensure prompt and proper removal
or elimination of such threat, or removal or destruction of such vessel,
take any action to achieve such ends without regard to any provisions
of law governing competitive bidding, the employment of personnel or the
expenditure of appropriate funds;
`(5) each Federal agency, State, owner or operator of a vessel or a facility,
or other person shall participate in any efforts under this subsection
as required under the National Contingency Plan and as directed by the
person designated under subsection (c)(2)(L) of this section, and may be
reimbursed for the costs incurred from the Fund established under the Oil
Pollution Liability and Compensation Act of 1989 to the extent authorized
by that Act and the National Contingency Plan;
`(6) any costs incurred by the United States under this subsection or under
the Intervention on the High Seas Act or the convention defined in section
2(3) thereof shall be a cost incurred by the United States Government for the
purposes of subsection (f) in the removal of oil or hazardous substance; and
`(7) the person designated under subsection (c)(2)(L) of this section shall
consult with the trustees for natural resources designated under the Oil
Pollution Liability and Compensation Act of 1989 concerning actions taken
pursuant to this subsection.'.
NATIONAL CONTINGENCY PLAN

0f6711ca1699a6b2607154b82781be1ae12290640f62db5af215eab3268081ec

(33 U.S.C. 1321(c)(2)) is amended--
(1) by inserting at the end of the first sentence thereof `and subsection
(d) of this section' immediately after `pursuant to this subsection'
and before the period;
(2) in subparagraph (A) by inserting `and trusteeship of natural resources'
immediately after `conservation';
(3) in subparagraph (C)--
(A) by inserting `for hazardous substances and establishment of regional
oil spill response teams under subsection (s) of this section' immediately
after `strike force'; and
(B) by inserting `, including measures to protect and restore fisheries
and wildlife' immediately after `removal plan';
(4) in subparagraph (G)(i) by striking `and other chemicals' and inserting
in lieu thereof `, other chemicals and other spill mitigating devices
and substances';
(5) in subparagraph (G)(ii) by striking `and chemicals' and inserting
in lieu thereof `, other chemicals and other spill mitigating devices
and substances';
(6) in subparagraph (G)(iii);
(A) by striking `or chemical' and inserting in lieu thereof `, other
chemical or other spill mitigating device or substance';
(B) by inserting `spill mitigating device or substance', immediately after
`chemical,';
(C) by striking `and other chemicals' and inserting in lieu thereof `,
other chemicals and other spill mitigating devices and substances'; and
(D) by striking `and' at the end;
(7) in subparagraph (H) by striking `from the fund established under
subsection (k) of this section for the reasonable costs incurred in such
removal.' and inserting in lieu thereof `in the case of any discharges
of oil from a vessel or facility, for the reasonable costs incurred in
such removal from the Fund established under the Oil Spill Liability and
Compensation Act of 1989;'; and
(8) by adding at the end the following new subparagraphs:
`(I) procedures to provide equipment that is adequate to minimize damage
resulting from a discharge of oil or a hazardous substance and that is
appropriate for the environmental features of the area for which it is
provided, and to require that all such equipment be certified at least
once each year by the President as adequate and operational;
`(J) provisions to assure that the person designated under subparagraph (L)
of this paragraph takes steps within a minimum amount of time to ensure
a prompt and proper response to a spill or discharge, resolve State and
local concerns, and implement approved procedures promptly;
`(K) development and maintenance of a periodically updated international
inventory of equipment and personnel to remove discharges of oil and
hazardous substances, which shall be available to the public;
`(L) designation of a person who shall be primarily responsible for carrying
out the President's authority under this subsection, and who shall direct
or coordinate all Federal, State and private efforts under subsection (d)
of this section to prepare for and respond to a substantial threat of
a pollution hazard to the public health or welfare, including any such
efforts of a strike force for hazardous substances established under
subparagraph (C) of this paragraph or of the regional oil spill response
teams established under subsection (s) of this section;
`(M) establishment of criteria and procedures to ensure prompt and
proper identification of, and response to, marine disasters that create a
substantial threat of a pollution hazard to the public health or welfare
of the United States, as required under subsection (d) of this section; and
`(N) establishment of standards and procedures which comply with the
provisions of the Oil Pollution Liability and Compensation Act of 1989 for
reimbursement from the Fund established under that Act of removal costs
incurred under this subsection and subsection (d) of this section by the
United States or other persons.'; and
(9) by inserting the following new sentence immediately before the final
sentence of paragraph (2): `The President shall revise the National
Contingency Plan within six months after the date of enactment of the Oil
Pollution Liability and Compensation Act of 1989 in accordance with the
changes made to this paragraph by that Act.'.
REGIONAL OIL SPILL RESPONSE TEAMS

6b483c8a3c925b9fd78256ae91050a1f5dd18851266309a0725f9a8e6f014abb

U.S.C. 1321) is amended by adding at the end thereof the following new
subsection:
`(s)(1) REGIONAL OIL SPILL RESPONSE TEAMS- The President shall establish
within six months after the date of enactment of this subsection, operate,
and maintain an oil spill response team for each region of the United States,
including, but not limited to, Alaska, the Pacific Northwest, California, the
Gulf of Mexico and the south Atlantic coast, New England, the mid-Atlantic
coast, and for inland waters, for the purpose of ensuring the prompt and
proper containment and removal of oil from a worst case discharge, which
is defined as the discharge, in adverse weather conditions, of the entire
cargo of the largest vessel which is known to transit a particular team's
given region. Such response teams shall--
`(A) consist of such trained personnel and operational equipment from
the various Federal agencies as are needed to ensure that an adequate
capability exists within each team's geographic area of responsibility
to respond promptly and properly with private and public personnel and
equipment to a worst case discharge, and to meet the requirements of
subsection (d) of this section. Each team shall, through arrangements
with private contractors, individual owners and operators of facilities
or affected vessels, industry oil spill response organizations, and
other such parties within the team's geographic region, ensure that the
team is familiar with, and able to exercise immediate direction of, the
personnel and equipment available from these sources. To the extent that
the private resources necessary to satisfy the requirements of subsection
(t) of this section are not sufficient to respond promptly and properly to
a worst case discharge, each team shall maintain the capability to obtain
immediately such additional trained personnel and operational equipment
as are needed for prompt and proper containment, recovery, dispersal,
shoreline protection and cleanup, and the protection of fisheries and
wildlife in the event of such a discharge;
`(B) review those contingency plans required under subsection (t) of this
section that affect each team's particular area of geographic responsibility,
and recommend to the President any such changes or modifications that may
be needed to ensure a prompt and proper response prior to approval of such
contingency plans;
`(C) supervise and review, in conjunction with the States and without
prior notice, the practice drills required by subsection (t)(9) of this
section, and conduct such additional training and drills as are necessary
to demonstrate their continued effectiveness and readiness;
`(D) work with State and local officials to enhance the contingency
planning of such officials and assure pre-planning of joint response
efforts, including appropriate procedures for mechanical recovery,
dispersal, shoreline cleanup, and protection and rescue of fisheries and
wildlife. Response teams also shall work with State and local officials
to obtain agreements for use of dispersants and other mitgating devices
as part of regional contingency plans;
`(E) establish and maintain an inventory of personnel and equipment, in
coordination with the international inventory developed under the National
Contingency Plan, to support spill response activities, consisting at a
minimum of locations, status, and availability of spill response resources
and related information;
`(F) conduct regular inspections of the vessels, equipment, facilities,
and personnel listed by public and private operators in all contingency
plans approved by the President for use in their geographic region of
responsibility;
`(G) keep on file and readily accessible all approved contingency plans
for their geographic region of responsibility; and
`(H) except where provided otherwise by the President, be under the command
of a person designated by the President under subsection (c)(2)(L) of
this section.
`(2) FUNDING- Amounts in the Fund established under the Oil Pollution
Liability and Compensation Act of 1989 shall be available, without fiscal
year limitation, to establish and maintain the regional response teams
required under this paragraph.'.
OIL SPILL CONTINGENCY PLAN DEVELOPMENT AND APPROVAL

e78b069806db0d2eb48914924b5b74af5c5cb563e4ec851a4253bbb4f03216b0

U.S.C. 1321) is amended by adding at the end thereof the following new
subsection:
`(t)(1) IN GENERAL- This subsection applies to (1) owners and operators
of all tank vessels (other than public vessels) which carry oil in bulk
as cargo or cargo residue operating in waters subject to the jurisdiction
of the United States for purposes of transferring oil in bulk at ports or
terminals of the United States and (2) operators of oil producing, refining,
or transportation facilities that due to their location, reasonably could
be expected to spill oil into or upon navigable waters of the United States,
adjoining shorelines or the waters of the exclusive economic zone.
`(2) OIL SPILL CONTINGENCY PLAN DEVELOPMENT- The President shall, within one
year after enactment of the Oil Pollution Liability and Compensation Act
of 1989, issue a final rule requiring owners and operators of vessels and
facilities subject to this paragraph to prepare and submit a contingency
plan for the prevention, containment and cleanup of oil spills from their
vessels or facilities and for the protection of fisheries and wildlife
from such spills. Contingency plans required under this subsection shall--
`(A) provide full details of the method of response to a worst case oil
spill, defined as a discharge, in adverse weather conditions, of the entire
cargo of any vessel which is covered by the plan;
`(B) if implemented, be capable, in terms of personnel, materials, and
equipment, of promptly and properly--
`(i) entirely without the active participation of any Federal personnel
or equipment, removing oil and minimizing any damage to the environment
resulting from a maximum probable spill, which shall be defined by the
President as no less than the largest historic spill from an oil tanker
of the same class as that to which the contingency plan applies, and
`(ii) to the maximum extent practicable, as defined by the President,
without the active participation of any Federal personnel or equipment,
removing oil and minimizing any damage to the environment resulting from
a worst case discharge of the vessel to which the contingency plan applies;
`(C) provide a clear and precise, detailed description of how the
plan relates to and is integrated into other approved contingency plans
prepared by cooperatives, ports, regional entities and States, and regional
oil spill response teams, strike forces and Federal agencies under the
National Contingency Plan prepared and published pursuant to subsection
(c)(2) of this section;
`(D) provide procedures for early detection of oil spills and timely
notification of such spills to the Federal On Scene Coordinator, regional
oil spill response teams and strike forces under the National Contingency
Plan, prepared and published pursuant to subsection (c)(2) of this section,
and other authorities;
`(E) state the number, types, operational capacity and availability of
the oil spill containment equipment to be provided to implement the plan;
`(F) state the number, training preparedness and fitness of all full-time,
dedicated, pre-positioned personnel assigned to direct and implement
the plan;
`(G) incorporate periodic training and drill programs to assure that
personnel and equipment to be provided under the plan are in a state of
operational readiness at all times;
`(H) state the means of protecting and mitigating effects on the
environment, including fish, marine mammals and other wildlife, and ensure
that implementation of the plan does not pose unacceptable risks to the
public or the environment;
`(I) provide a detailed description of equipment and procedures to be used
by the crew of each vessel concerned to minimize damage, stop any spilling
from the vessel, contain and cleanup the spilled oil promptly and properly,
and determine if and when additional equipment and personnel are needed;
`(J) provide arrangements for the pre-positioning of oil spill containment
and cleanup equipment and trained personnel at strategic locations from
which they can be deployed to the spill site to promptly and properly
remove spilled oil;
`(K) provide arrangements for enlisting the use of additional personnel
to implement the plan;
`(L) provide for disposal of recovered spilled oil in accordance with
Federal, State, and local laws; and
`(M) describe how implementation of the plan will be coordinated with removal
efforts by regional oil spill response teams, including the extent to which
dedicated and trained personnel, fully operational vessels, and equipment
will be made available to such teams.
`(3) INSPECTION- Subsequent to issuance of the final rule described in
paragraph (2) of this subsection, the President shall provide, through the
regional response teams established in subsection (s) of this section and
other designated agencies, for regular inspection of vessels, equipment,
and facilities to ensure compliance with the requirements of the final rule.
`(4) CONTINGENCY PLAN APPROVAL- In approving the contingency plans required
by this subsection, the President shall consider--
`(A) the adequacy of containment and cleanup equipment, personnel,
communications equipment, response time and logistical arrangements for
coordination and implementation of response efforts to promptly and properly
remove oil spills and protect the environment;
`(B) the nature and amount of vessel traffic within the area covered by
the plan;
`(C) the volume and type of oil being transported within the area covered
by the plan;
`(D) the existence of navigational hazards within the area covered by
the plan;
`(E) any history of prior discharges of oil within the area covered by
the plan;
`(F) the value and sensitivity of fisheries and wildlife and other natural
resources within the area covered by the plan;
`(G) the comments of potentially affected third parties; and
`(H) relevant information on previous discharges contained in On Scene
Coordinator reports prepared by the Coast Guard.
No plan shall be approved unless the President determines that such plan meets
the requirements of this subsection and subsection (s) of this section and that
such plan, if implemented, is capable, in terms of personnel, materials and
equipment, of promptly and properly removing any oil spill and minimizing any
damage to the environment as required by paragraph (2)(B) of this subsection.
`(5) NOTIFICATION OF CHANGES- An owner or operator of a vessel or facility
shall immediately notify the President, in writing, of any significant
change in any factor set forth under paragraph (5) of this subsection,
in order for the President to require changes, if needed, in the plan
submitted by such owner or operator.
`(6) STATE APPROVAL OF PLANS- The President may enter into a cooperative
agreement with the chief executive officer of any State to delegate to
that State the authority to approve contingency plans consistent with the
requirements of this subsection and subsection (t) of this section.
`(7) PROHIBITION- It shall be unlawful to operate a vessel in or upon the
navigable waters of the United States and the exclusive economic zone or
to operate a facility that is not in compliance with a contingency plan
submitted and approved under this subsection.
`(8) LEGAL EFFECT OF CONTINGENCY PLANS- The provisions of contingency plans
submitted to and approved by the President pursuant to this subsection
shall be deemed to be legally binding upon those persons submitting them
to the President. The district courts of the United States shall have
jurisdiction to restrain a violation of, compel specific performance of,
or otherwise enforce such plans upon application by the President or by
any State to which the President has delegated authority for approval of
contingency plans under paragraph (7) of this subsection. The President,
or any State to which the President has delegated authority for approval
of contingency plans under paragraph (6) of this subsection, may issue an
order requiring compliance with any contingency plan.
`(9) PUBLIC AWARENESS AND PRACTICE DRILLS- The President shall publish
annually a notice of availability of an up-to-date description of the
contingency plans for oil spills submitted and approved pursuant to this
subsection and an inventory of equipment available for responding to
such spills. The President shall require, without prior notice, practice
drills under the contingency plans approved pursuant to this subsection
not less than twice each year. The President shall review and publish a
report on such drills, including an assessment of actual response time
and available equipment and personnel compared to those listed in the
contingency plans, and requirements, if any, for changes in the plans or
their implementation. The President shall require such additional drills
and changes in arrangements for implementing approved plans as are necessary
to ensure their effective implementation.
`(10) Each contingency plan submitted and approved pursuant to this
subsection shall be kept on file and readily accessible by the oil spill
response teams and other officials designated under the National Contingency
Plan, relevant State and local officials, affected vessels or facilities
and the owner or operator involved.
`(11) Any owner or operator of a vessel or an onshore facility or an offshore
facility and any other person subject to any regulation or any order of the
President issued under this subsection who fails or refuses to comply with
the provisions of this subsection, or any regulations issued thereunder,
shall be liable to a civil penalty of not more than $25,000 for each such
violation. Each violation shall be a separate offense. The President may
assess and compromise such penalty. No penalty shall be assessed until the
owner, operator, or other person charged shall have been given notice and
an opportunity for a hearing on such charge. In determining the amount
of the penalty, or the amount agreed upon in compromise, the gravity of
the violation, and the demonstrated good faith of the owner, operator,
of other person charged in attempting to achieve rapid compliance after
notification of a violation, shall be considered by the President.'.
OIL SPILL RESEARCH AND DEVELOPMENT PROGRAM

5b1640728793db40510a14291cfb1f6f32c815c2e60274b4d724ad8cd10e79a6

U.S.C. 1321) is amended by adding at the end thereof the following new
subsection:
`(u)(1) ESTABLISHMENT OF PROGRAM- The President shall establish a research
and development program on scientific and operational aspects of spill
prevention, response, containment and recovery which shall, at a minimum,
give priority to on-water oil recovery and treatment; prevention of loss
from and away from vessels, including the use of values for such purposes
and onshore and offshore facilities; prevention and mitigation of shoreline
impacts; fisheries and wildlife protection, mitigation and recovery;
and protection of public health and safety.
`(2) In undertaking such a program, the President shall coordinate research
and development efforts with other nations, industry, academia, and private
research and development groups.
`(3) FUNDING- Amounts in the Fund established under the Oil Pollution
Liability and Compensation Act of 1989 shall be available, without fiscal
year limitation, to establish and maintain the research and development
program required under this paragraph not to exceed $25,000,000 annually.'.
PENALTIES

0e59078c8c6910d70dbf3d614e06905d520fec0cf88fbaf43e280470fc8ef55e

Pollution Control Act is amended as follows:
(1) Subsection (a) is amended by--
(A) adding a new clause (4) providing:
`(4) obtaining information regarding the identification, nature and quantity
of materials on a vessel or at a facility,';
(B) adding a new clause (5) providing:
`(5) obtaining information regarding the source or nature or extent of a
discharge or threatened discharge of oil or other pollutants from a vessel
or a facility,';
(C) adding a new clause (6) providing:
`(6) obtaining information relating to the ability of a person to pay for
or to perform cleanup or other remedial action,';
(D) renumbering existing clause (4) as clause (7);
(E) in clause (A), inserting `, vessel, or facility' after the words
`point source';
(F) in clause (B)--
(i) replacing subclause (i) with the following:
`(i) shall have a right of entry to, upon, or through any premises, vessel,
or facility in which an effluent source is located or from which there is
a discharge or threat of discharge of oil or other pollutants into waters
of the United States, or in which any records required to be maintained
under clause (A) of this subsection are located,';
(ii) in subclause (ii), striking the words `which the owner or operator of
such source is required to sample under such clause' and insert in lieu
thereof the words `or discharge or threatened discharges of oil or other
pollutants,'; and
(iii) adding a new subclause (iii) providing:
`(iii) may at reasonable times enter any premises, vessel, or facility
where oil or other pollutants are stored to determine the need for response
action, to effectuate response action, or to obtain samples of oil or
other pollutants.'.
(b) CRIMINAL PENALTIES- (1) Section 309(c) of the Clean Water Act (33
U.S.C. 1319(c)) is amended by inserting immediately after `308,' each time
it appears therein the following: `311,'.
(2) Section 309(c)(4) of the Federal Water Pollution Control Act is amended
by inserting the words `omits material information or' after the word
`knowingly'.
(c) ADMINISTRATIVE PENALTIES- (1) Subparagraph (A) of paragraph (1) of
subsection (g) of the Clean Water Act (33 U.S.C. 1319(g)(1)(A)) is amended
by inserting immediately after `the Administrator' the first time it appears
therein the following: `the Secretary of the Department in which the Coast
Guard is operating'.
(2) Subparagraph (A) of paragraph (1) of subsection (g) of the Clean Water
Act (33 U.S.C. 1319(g)(1)(A)) is amended by inserting immediately after
`308' the following: `311'.
(3) Paragraph (1) of subsection (g) of the Clean Water Act (33
U.S.C. 1319(g)(1)(A)) is amended by inserting immediately after `the
Administrator' the third time it appears therein the following: `, the
Secretary of the Department in which the Coast Guard is operating, or the'.
(4) Subparagraph (A) of paragraph (6) of subsection (g) of section 309 of
the Clean Water Act (33 U.S.C. 1319(g)(6)(A)) is amended by inserting a
comma immediately before the period at the end thereof, and the following:
`except that any action under a State law shall not affect or limit the
authority of the Administrator or the Secretary of the Department under
which the Coast Guard is operating with respect to discharges of oil or
hazardous substances under this subsection or section 311 of this Act'.
(d) CIVIL PENALTIES- (1) Subparagraphs (A) and (B) of paragraph (6) of
subsection (b) of section 311 of the Clean Water Act (33 U.S.C. 1321(b)(6)
(A) and (B) are deleted and the following inserted in lieu thereof--
`(A) Any owner, operator, or person in charge of any onshore facility,
offshore facility, or vessel from which oil or a hazardous substance is
discharged in violation of paragraph (3) (i) or (ii) of this subsection
shall be subject to a civil penalty in an amount up to $25,000 per day
of violation or up to $1,000 per barrel of oil or hazardous substances
discharged in violation of paragraph (3) of this subsection, whichever
is greater.
`(B) In determining the amount of the civil penalty under this paragraph and
paragraph (5), the court shall consider the seriousness of the violation
or violations, the economic benefit to the violator, if any, resulting
from the violation, any history of prior violations, the nature, extent,
and degree of success of any efforts to minimize or mitigate the effects
of such discharge, the economic impact of the penalty on the violator,
and any other matters as justice may require.
`(C) Where the United States can show that a discharge in violation of
paragraph (3)(i) or (ii) of this subsection was the result of willful
negligence, willful misconduct or a violation of applicable safety,
construction, or operating regulations, the penalty pursuant to paragraph
(A) of this subsection shall be no less than $250,000.00.
`(D) The Secretary of the Department in which the Coast Guard is operating
or the Administrator of the Environmental Protection Agency may request
the Attorney General to commence a civil action to recover civil penalties
against any person in the district court in the district in which such
person is located, resides, or is doing business, and any such court shall
have jurisdiction to assess such civil penalty.'.
(2) Subparagraph (C) of paragraph (6) of subsection (b) of section 311 is
redesignated as subparagraph `(E)'.
(3) Subparagraph (D) of paragraph (6) of subsection (b) of section 311 is
redesignated as subparagraph (F).
(4) Subparagraph (E) of paragraph (6) of subsection (b) of section 311 of
the Clean Water Act (33 U.S.C. 1321(b)(6)(E)) is repealed.
(e) ENVIRONMENTAL EFFECTS- Paragraph (4) of subsection (b) of section 311
of the Clean Water Act (33 U.S.C. 1321(b)(4)) is amended by inserting
immediately after `public health or welfare' the following: `or the
environment'.
(f) REPORTING- Paragraph (5) of subsection (b) of section 311 of the Clean
Water Act (33 U.S.C. 1321(b)(5)) is amended by deleting all after the first
sentence and inserting the following in lieu thereof: `any such person (A)
in charge of a vessel from which oil or a hazardous substance is discharged,
in violation of paragraph (3)(i) of this subsection or (B) in charge of a
vessel from which oil or a hazardous substance is discharged in violation
of paragraph (3)(ii) of this subsection and who is otherwise subject to the
jurisdiction of the United States at the time of the discharge, or (C) in
charge of an onshore facility or an offshore facility, who fails to notify
immediately such agency of such discharge shall, upon conviction, be fined
in accordance with the applicable provisions of title 18 or imprisoned for
not more than three years (or not more than five years in the case of a
second or subsequent conviction), or both. Notification received pursuant
to this paragraph or information that could not have been obtained but
for the exploitation of such notification shall not be used against any
natural person who gives such notification in any criminal case, except
a prosecution for perjury or for giving a false statement. In addition,
any such person who knowingly fails to provide the notice required by this
subsection shall not be entitled to any of the defenses to liability set
out the Oil Pollution Liability and Compensation Act of 1989.'.
(g) USE OF PENALTIES- Notwithstanding any other provision of law, penalties
paid pursuant to section 309(c) or 309(g) of the Federal Water Pollution
Control Act as a result of violations of section 311(b) and penalties paid
pursuant to section 311(b)(6) of the Federal Water Pollution Control Act
shall be deposited in Fund established under the Oil Pollution Liability
and Compensation Act of 1989.
USER FEES

d1cb7a119cf49eec7f47ed1709b7654717921f090dbe9860fa10d22fcc536398

of enactment of this Act, prescribe regulations for the assessment and
collection of user fees from owners or operators of tankers and facilities
subject to the provisions of this title. The President shall assess and
collect such fees for services provided to such owners or operators relating
to such matters as review and approval of contingency plans, inspection
and evaluation of required equipment and personnel, and practice drills.
(b) Such fees shall be established in accordance with the provisions of
section 9701 of title 31, United States Code. Payments of such fees shall
be deposited in the general fund of the Treasury as offsetting receipts
of the agencies performing such services and ascribed to activities of
such agencies under this title.
(c) Nothing in this section shall alter or expand the duties and liability
of the United States under existing law for the performance of functions
for which fees or payments are collected. The collection of such fees or
payments shall not constitute an express or implied undertaking by the
United States to perform any service or activity in a certain manner or
to provide any service at a particular time or place.
Subtitle A--Provisions Applicable Nationally
DEFINITIONS

7faad64a59f6ebadaaadb6f84d6eb60e936ebce44cdf754dc4425bd8dec39f5c

(1) `affected oil tanker' means an oil tanker operating in waters subject
to the jurisdiction of the United States that transfers oil in bulk at
ports or terminals of the United States;
(2) `Commandant' means the Commandant of the Coast Guard;
(3) `oil tanker' means a self-propelled vessel constructed, converted,
or adapted to carry oil in bulk in its cargo spaces;
(4) `pilotage waters' means waters subject to the jurisdiction of the
United States in which affected oil tankers are required to be under the
direction and control of an individual licensed as a First Class Pilot,
except as otherwise determined by the Secretary;
(5) `Prince William Sound' means all navigable waters within the jurisdiction
of the State of Alaska and the United States north of Hinchinbrook Entrance
to the Port of Valdez, Alaska; and
(6) `Secretary' means the Secretary of the department in which the Coast
Guard is operating.
LICENSED PERSONNEL

d7c70714dc52777d1921296c4d70e3cd9951430b99760213d435268e28bc680b

date of enactment of this Act, the Secretary shall initiate a rulemaking
proceeding to require for each affected oil tanker transiting pilotage
waters that, except when pilotage of any such tanker is provided by a
qualified pilot who is also licensed by a State--
(1) there be one deck officer and one lookout on the navigation bridge
in addition to the mate and helmsman on watch, to assist in navigation,
communications, and lookout responsibilities;
(2) no less than two individuals on board hold Frist Class Pilot licenses
with endorsements for the waters being transited, as issued by the Secretary
under section 7101 of title 46, United States Code; and
(3) no less than one of the personnel required by paragraph (1) to be
on the navigation bridge fix and record the position of the tanker on a
nautical chart of the area at least once every six minutes and, during
a period determined by the Secretary of no more than 60 days, retain and
make available the annotated chart for inspection by the Secretary.
(b) EFFECTIVE DATE OF FINAL RULE; WAIVER OR MODIFICATION- A final rule
under the proceeding referred to in subsection (a) shall be in effect
within 180 days after the date of the enactment of this Act. The final
rule may waive or modify any of the requirements specified in subsection
(a), to the extent that the Secretary determines such requirement will not
substantially enhance oil tanker navigation safety, including protection
of the environment.
(c) PILOTAGE REVIEW- (1) Within 180 days after the date of enactment of
this Act, the Secretary shall complete and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Merchant Marine and Fisheries of the House of Representatives a review
of the adequacy of current pilotage regulations in minimizing the risk of
oil spills, and shall make a determination as to which, if any, additional
areas of the navigable waters of the United States, including the waters
of Block Island Sound and Narragansett Bay, shall be considered pilotage
waters, as defined in this title, the transit of which warrants additional
pilotage or other requirements. This determination shall, at a minimum,
include consideration of regions adjacent to vessel traffic lanes that
present risks of grounding, accident, or collisions, the type of cargo
transported, the volume and nature of vessel traffic, and the sensitivity
of the environment.
(2) In completing the review required by paragraph (1), the Secretary
shall consider--
(A) the history of oil tanker incidents in pilotage waters, including those
which have occurred in the waters of Block Island Sound and Narragansett
Bay; and
(B) the relationship, if any, between those incidents and possible
deficiencies in the current system of pilotage regulation.
(3) The review shall include such recommendations as the Secretary considers
appropriate for modifications in the current system of pilotage regulation
to enhance the safety of oil tanker navigation in pilotage waters.
MOTOR VEHICLE DRIVING RECORDS OF VESSEL PERSONNEL

00e444262d6d4bf4b62058c82362cc8eeee882d8c834206e9e2ee4edce59966f

Register Act of 1982 (23 U.S.C. 401 note) is amended--
(1) by redesignating paragraph (5) (as so designated by section 4(b)(1)
of the Rail Safety Improvement Act of 1988) as paragraph (6); and
(2) by adding at the end the following new paragraph:
`(7) Any individual who has applied for or received a merchant mariner's
document under section 7302 of title 46, United States Code, a license or
certificate of registry under section 7101 of title 46, United States Code,
or a renewal of such merchant mariner's document, license, or certificate of
registry to serve on or operate a commercial vessel may request the chief
driver licensing official of a State to transmit information regarding
the individual under subsection (a) of this section to the Commandant of
the Coast Guard. The Commandant may receive such information and shall,
prior to using such information in any adverse action regarding the
merchant mariner's document, license, or certificate of registry of the
individual, make such information available to the individual for review
and written comment. The Commandant shall not otherwise divulge or use
such information, except to verify information required to be reported to
the Commandant by an individual applying for such a merchant mariner's
document, license, certificate of registry, or renewal and to evaluate
whether the individual meets the minimum standards required in order
to receive such a merchant mariner's document, license, certificate, or
renewal. There shall be no access to information in the Register under
this paragraph if such information was entered in the Register more than
5 years before the date of such request, unless such information relates
to revocations or suspensions which are still in effect on the date of
the request. Information submitted to the Register by States under the
Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject
to access for the purpose of this paragraph during the transition to the
Register described under section 203(c) of this title.'.
(b) SUSPENSION AND REVOCATION AUTHORITY- (1) Section 7704 of title 46, United
States Code, is amended by adding at the end the following new subsection:
`(d) If it is shown at a hearing under this chapter that a holder has
been convicted of a serious criminal offense, has been convicted within
the previous 5 years of an offense described in section 205(a)(3) (A)
or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note),
has had a license to operate a motor vehicle denied, cancelled, revoked,
or suspended in any jurisdiction of the United States for cause, where that
cause would reflect adversely on the holder's fitness to serve, or fails
in any way to meet the standards for issuance prescribed in sections 7101
and 7302 of this title, the license, certificate of registry, or merchant
mariner's document may be revoked or suspended.'.
(2) Section 7704(a) of title 46, United States Code, is amended by inserting,
immediately before the period at the end, the following: `and `serious
criminal offense' means a crime so heinous in nature that the commission of
such offense would reflect adversely on the offender's character and on the
offender's fitness to serve consistent with the interest of safety at sea'.
(c) RULEMAKING PROCEEDING- Not later than 90 days after the date of enactment
of this Act, the Commandant shall initiate a rulemaking proceeding to
require that each individual who has applied for or received a merchant
mariner's document under section 7302 of title 46, United States Code, a
license or certificate of registry under section 7101 of title 46, United
States Code, or a renewal of such merchant mariner's document, license,
or certificate of registry to serve on or operate a commercial vessel shall--
(1) request the chief driver licensing official of each State in which
such individual has within five years applied for or held a motor vehicle
operator's license to provide to the Commandant such information as the
Commandant may determine appropriate with respect to such individual's
driving record; and
(2) make the request authorized in section 206(b)(7) of the National
Driver Register Act of 1982 (23 U.S.C. 401 note) for the transmittal to the
Commandant of such information as the Commandant may determine appropriate.
The rulemaking proceeding shall be completed not later than 180 days after
the date of enactment of this Act.
(d) CONFORMING AMENDMENTS- (1) The catchline to section 7704 of title 46,
United States Code, is amended to read as follows:
`Sec. 7704. Dangerous drugs and other grounds for suspension or revocation'.
(2) The item relating to section 7704 in the analysis to chapter 77 of
title 46, United States Code, is amended to read as follows:
`7704. Dangerous drugs and other grounds for suspension or revocation.'.
ALCOHOL TESTING; ALCOHOL REHABILITATION INFORMATION

b7e54e57a80469ad546b3fab8935bbaf0672f554765a6b42b46982af1ff5f500

require the periodic, random, and reasonable cause, as well as post-accident,
testing for use of alcohol by those individuals who, pursuant to licenses
or merchant mariner's documents issued by the Commandant, perform safety
sensitive functions (as determined by the Secretary) on affected oil
tankers. The final rule shall--
(1) be designed to identify those persons who perform such safety sensitive
functions on such an oil tanker while impaired by or under the influence
of alcohol;
(2) include provisions, procedures, and safeguards analogous to those set
forth in the Final Rule published on November 21, 1988, at pages 47064
through 47082 of the Federal Register; and
(3) be published as a final rule within 90 days after enactment of this Act.
(b) INFORMATION ON INDIVIDUAL'S ALCOHOL REHABILITATION- The Secretary shall
conduct a rulemaking proceeding to determine whether to require that the
Coast Guard be informed, on a confidential basis, whenever an individual
who has applied for or received a license or merchant mariner's document
to perform such safety sensitive functions on a commercial vessel is
undergoing treatment in an alcohol rehabilitation program. The proceeding
shall consider, among other matters--
(1) which categories of individuals shall be subject to such information
on their treatment in an alcohol rehabilitation program; and
(2) which persons, including such individuals, the owners and operators
of vessels, and organizations representing masters, pilots, and others
licensed or documented to perform such safety sensitive functions, shall
provide such information.
PROHIBITION ON SERVICE

e1af5c2cf58785723c42cdc2f88bc20af805895cc92b0f3a47f3fd2751bc6a1b

the merchant mariner's document or license of an individual performing
safety sensitive functions (as determined by the Secretary) on an affected
oil tanker, pending completion of an expedited hearing under chapter 77
of title 46, United States Code, which shall be commenced within 15 days
after such temporary suspension, if there is probable cause to believe
that the individual--
(1) has served in such capacity while imparied by or under the influence
of alcohol;
(2) has been denied a motor vehicle license by a State for cause within
the previous five years;
(3) has had any cancellation, revocation, or suspension of a motor vehicle
operator's license by a State for cause within the previous five years; or
(4) has been convicted within the previous five years of an offense described
under section 205(a)(3) (A) or (B) of the National Driver Register Act
of 1982.
VESSEL TRAFFIC SERVICES

4614e337795e3c9ad1a80f47dc0132864500b3fdb4d97f710a3242a6ebf78764

within one year after the date of enactment of this Act, submit a report to
the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of Representatives
setting forth a list of ports of the United States that are in need of
new, expanded, or improved Vessel Traffic Service (VTS) systems. The ports
shall be ranked in order of the priority of that need and the Secretary
shall detemine that priority on the basis of such factors as the Secretary
considers appropriate, including the nature, volume, and frequency of
vessel traffic into and out of such ports, and the risks of collisions,
spills, and damages associated with such traffic that could be reduced or
eliminated by installation, expansion, or improvement of a VTS system.
(b) USER FEE SYSTEM- (1) The Secretary may establish and implement a system
for the collection of payments by users of VTS systems in ports of the
United States.
(2) Any final rule issued by the Secretary to establish and implement such
a system shall include a schedule of fees established in accordance with
the provisions of section 9701 of title 31, United States Code.
(3) Any receipts collected by the Secretary from payments by users of VTS
systems shall be credited and available to the Secretary without fiscal year
limitation to meet the costs of construction, installation, improvement,
and operation of the VTS system for which the payments were made.
(4) Nothing in this subsection shall alter or expand the duties and liability
of the United States under existing law for the performance of functions or
services for which fees or payments are collected. The collection of such
fees or payments shall not constitute an express or implied undertaking by
the United States to perform any service or activity in a certain manner
or to provide any service at a particular time or place.
(c) LIMITATION- Notwithstanding any other law, except as provided in section
353, the Secretary shall not construct, improve, expand, or operate any
new VTS system, unless funds for such construction, improvement, expansion,
or operation of the new VTS system were obligated on or before the date of
enactment of this Act, until the Secretary has complied with subsection (a).
POSITION-REPORTING AND IDENTIFICATION EQUIPMENT

a3243968fb2833ad96458dffd96018a8c62ee44b1c4a0c42f4c91eff372bf635

this Act, complete a rulemaking proceeding to determine whether to require
that electronic means of vessel position-reporting and identification be
carried on board affected oil tankers. Among other matters, the proceeding
shall--
(1) evaluate whether such electronic means shall be required only for
tankers above a specific size; and
(2) consider the minimum standards suitable for such equipment.
OIL TANKER CONSTRUCTION AND SIZE

5d99c37e5d5fd4ce0827342ac756eced21103fc6106c76b9d8013d5bef5b0ae7

Secretary shall within one year after the date of enactment of this Act
complete a rulemaking proceeding to require that all affected oil tankers
which are newly constructed be equipped with double hulls and double
bottoms, except to the extent the Secretary determines that either or
both of such requirements will not enhance oil tanker navigation safety,
including protection of the environment, or that an equal or greater
benefit to such oil tanker navigation safety will be achieved by other
structural requirements.
(2) The Secretary may require other structural or navigational features
that the Secretary determines will enhance such oil tanker navigation safety.
(b) REPORT ON TANKER SIZE- The Secretary shall, within one year after the
date of enactment of this Act, submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine and
Fisheries of the House of Representatives a report describing the size,
cargo capacity, and flag-nation of affected oil tankers, specifying changes
in such size and cargo capacity over the past 20 years, evaluating the extent
to which the risks or difficulties associated with oil 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
such size and cargo capacity, and containing a specific recommendation as
to whether limitations on such size or cargo capacity should be imposed
to minimize such risks and difficulties. The report shall also contain a
recommendation for such legislation as the Secretary determines necessary.
NATIONAL COUNCIL ON OIL SPILL TECHNOLOGY RESEARCH AND DEVELOPMENT

4daf5cec8cd5aa6c5e54bbd8d1f33dfd1380c7dd803e757c226d92e9ea967d02

a National Council on Oil Spill Technology Research and Development
(hereafter in this section referred to as the `Council').
(b) MEMBERSHIP OF COUNCIL- (1) The Council shall consist of 15 members,
comprised of--
(A) one representative each from the Coast Guard, the Environmental
Protection Agency, the National Oceanic and Atmospheric Administration,
the Fish and Wildlife Service, the Minerals Management Service, the Federal
Emergency Management Agency, the Corps of Engineers, the Department of
the Navy, and the Department of Energy; and
(B) six individuals appointed by the Secretary from the private sector,
including one each from the following: the oil and gas production industry,
the oil shipping industry, maritime labor, nonprofit organizations with an
active involvement in marine environmental issues, the scientific research
community, and the oil and hazardous materials cleanup and response industry.
(2) The members of the Council shall be knowledgeable in the containment
and cleanup of oil spills in the marine environment.
(3) The representative of the Coast Guard shall serve as chairman of
the Council.
(4) Appointed members of the Council shall serve until the Council is
terminated pursuant to subsection (f).
(c) COUNCIL FUNCTIONS- (1) The Council shall conduct a comprehensive study
of governmental and nongovernmental research on oil spill containment and
cleanup. Among other matters, the study shall--
(A) evaluate whether there should be developed in the United States a
fleet of large capacity oil skimming vessels;
(B) determine the feasibility of developing new technologies for dispersing
or burning spilled oil; and
(C) assess experience from the 1989 marine oil spill at Valdez, Alaska,
in terms of modifications of current technology and techniques that may
be necessary.
(2) On the basis of the study conducted under paragraph (1), the Council
shall, not later than twelve months after its establishment, submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of Representatives--
(A) a bibliography of all existing foreign and domestic research on oil
spill containment and cleanup;
(B) a report describing the research and development activities of Federal
agencies, State and local governmental entities, foreign governments and
corporations, the academic research community, and industry with respect
to oil spill containment and cleanup; and
(C) recommendations concerning additional Federal action with respect to
such research and development activities.
(d)(1) COMPENSATION AND EXPENSES- A member of the Council who is not an
officer or employee of the United States or a member of the Armed Forces,
when attending meetings of the Council or when otherwise engaged in the
business of the Council, is entitled to receive--
(A) compensation at a rate fixed by the Secretary, not exceeding the
daily equivalent of the current rate of basic pay in effect for GS-18 of
the General Schedule under section 5332 of title 5, United States Code,
including travel time; and
(B) travel or transportation expenses under section 5703 of title 5,
United States Code.
(2) A member of the Council who is an officer or employee of the United
States or a member of the Armed Forces shall not receive additional pay
based on the member's service to the Council.
(3) The provisions of this section relating to an officer or employee
of the United States or a member of the Armed Forces do not apply to a
member of a reserve component of the Armed Forces unless that member is
in an active status.
(e) STAFFING- The Secretary shall provide such staffing and other assistance
as the Secretary, after consultation with the chairman of the Council,
considers necessary for the Council to accomplish its duties.
(f) TERMINATION- The Council shall cease to exist on the date that is 30
days after the date on which the bibliography, report, and recommendations
referred to in subsection (c) are due.
IMPACT ON OTHER LAW

7132bb9c51cf7660f0bcaf11f7a34a640bd7efec44b663d145947c8015a8f0b8

changing, diminishing, or preempting in any way the authority of a State, or
any political subdivision thereof, to regulate oil tankers in State waters.
AUTHORITY OF SECRETARY IN UNITED STATES WATERS

c6bdf18537186efec49b5177db741620a7884151aea3bb948750683acc08fa28

waters subject to the jurisdiction of the United States to any affected
oil tanker that is operated in violation of this title or a regulation
prescribed under this title.
PENALTIES

e1ec7b2dd27855ffff30beb45b3526e5dfd45a9b47fd061efe60db84d9a05818

issued under this title is liable to the United States for a civil penalty
of not more than $25,000. Each day of a continuing violation is a separate
violation.
(b) LIABILITY IN REM- Each vessel that is operated in violation of this
title or a regulation issued under this title is liable in rem for a civil
penalty as prescribed in subsection (a) of this section.
(c) CRIMINAL PENALTIES- A person willfully and knowingly violating this
title or a regulation issued under this title shall be fined not more than
$50,000, imprisoned for not more than five years, or both.
(d) JURISDICTION- The district courts of the United States have jurisdiction
to restrain a violation of this title or a regulation issued under this
title.
REPORT ON USER FEES

1c063f8bcd2624ecbffaead86012c9cd263c739f6d2a85cef70b25846d0599c0

this Act, submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives a report on the need, if any, to impose fees upon
owners or operators of affected oil tankers or other persons in amounts
sufficient to offset the additional costs of implementing this title. The
Secretary shall include in the report an evaluation of the desirability
and feasibility of assessing and collecting such fees, the adequacy of
existing authority for doing so, and recommendations for such additional
legislation as the Secretary considers necessary.
Subtitle B--Provisions Applicable with respect to States or Regions
PILOTAGE AT PORT OF VALDEZ

76eb83138bee1c48f86d656d80e54f7c9b565b6ae8f2b126a50a132829302755

days after the date of enactment of this Act to require that all affected
oil tankers entering and departing the Port of Valdez, Alaska, embark and
disembark a qualified pilot who also is a pilot licensed by the State
of Alaska at locations that will ensure that pilotage of all such oil
tankers in waters adjacent to and north of Bligh Reef is provided by such
pilots. A rule under such proceeding shall be final and in effect within
90 days after the date of enactment of this Act.
BLIGH REEF LIGHT

f0a3be70e5113b3a2d9140c8574ac570177dae770752fafb290442207957829a

of this Act, 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 effective long-range warning of the location
of Bligh Reef.
PRINCE WILLIAM SOUND VTS

7a3333581718781eadc9e71919914b6ef06a4d534c8e8e37780960c53668bb6e

of this Act--
(1) acquire, install, and operate such additional equipment (which may
consist of radar, closed circuit television, or 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 affected oil tankers transiting Prince William Sound, and
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 Merchant Marine and Fisheries of the House of
Representatives a report on the feasibility and desirability of instituting
positive control by the Coast Guard on movements of affected oil tankers
in Prince William Sound with the use of the VTS system, radar, radio
telecommunications, and satellite-linked transmitters aboard such tankers.
OIL SPILL RECOVERY INSTITUTE

bdec67f6b7b5249a103d0caf7a2fad27a72b2245e89eb507b0ea1b4f670274e0

provide for the establishment of a Prince William Sound Oil Spill Recovery
Institute (hereafter in this section referred to as the `Institute') to
be administered by the Secretary of Commerce through the Prince William
Sound Science and Technology Institute and 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 sub-arctic marine
environment; and
(2) complement Federal and State damage assessment efforts and determine,
document, assess, and understand the long-term effects of the EXXON VALDEZ
oil spill on the natural resources of Prince William Sound and its adjacent
waters, the environment, the economy, and the lifestyle and well-being of
the people who are dependent upon them.
(c) ADVISORY BOARD- (1) The policies of the Institute shall be determined
by an Advisory Board composed of--
(A) one representative appointed by each of the Commissioners of Fish
and Game, Environmental Conservation, Natural Resources, and Commerce and
Economic Development of the State of Alaska;
(B) one representative appointed by each of the Secretaries of Commerce, the
Interior, Agriculture, Transportation, and the Navy, and the Administrator
of the Environmental Protection Agency, all of whom shall be Federal
employees; and
(C) three residents from communities in Alaska that were affected by
the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other
local industries, the marine environment, wildlife, public health, safety,
or education appointed by the Secretary to serve terms of two years each
from a list of nine qualified individuals submitted by the Governor of
the State of Alaska.
(2) The representative of the Secretary of Commerce shall serve as Chairman
of the Advisory Board.
(3) Such policies shall include the conduct and support, through contracts
and grants, on a nationally competitive basis, of the research, projects,
and studies to be supported by the Institute in accordance with the purposes
of this section.
(d) SCIENTIFIC AND TECHNICAL COMMITTEE- (1) 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 sub-arctic marine ecology, and the living resources and socio-economics
of Prince William Sound and its adjacent waters, from the University of
Alaska and elsewhere in the academic community.
(2) The Scientific and Technical Committee shall provide such advice to
the Advisory Board as the Board shall request, including recommendations
regarding the conduct and support of research, projects, and studies in
accordance with the purposes of this section.
(e) DIRECTOR- The Institute shall be administered by a Director who shall
be appointed by the Secretary of Commerce. 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 is authorized to 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 the
provisions of 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 that are pertinent to the funds received and expended by
the Institute.
(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 authority for establishment, operation, and funding
of the Institute shall terminate ten years after the date of enactment of
this Act.
RADIO COMMUNICATIONS ON MISSISSIPPI RIVER

c66efd768570ae05e3dd3962fc5b61ece01166e0519af7f1cfe2e90222e1e6e9

enactment of this Act, issue such regulations as are necessary to ensure
that vessels transiting the Mississippi River shall have such capability
as the Secretary considers necessary to--
(1) receive marine navigation safety warnings; and
(2) engage in radio communications on designated frequencies with the
Coast Guard, other vessels on the Mississippi River, and such stations as
may be specified by the Secretary.
FUNDING OF ALASKA PROJECTS AND OIL SPILL RECOVERY INSTITUTE

dc322bbfa6ad15201c1c71ae56604fd076a93969abdb3da58b3bf5a6fed874e3

without fiscal year limitation, to carry out the requirements of sections 352
and 353 of this Act. Of amounts in the Fund, $5,000,000 shall be available
upon the date of enactment of this Act, and $2,000,000 for each of the
nine fiscal years following the fiscal year in which this Act is enacted,
to establish and maintain the Prince William Sound Oil Spill Recovery
Institute required under section 354 of this Act.
TRANS-ALASKA PIPELINE FUND

2a524f93d8bcfd26a3354e76e9cb174fc2d5f440a2db2de0014ad2235dcd8d4a

Act is amended, in the first sentence--
(1) by inserting after the words `any area' the words `in the State
of Alaska';
(2) by inserting after the words `any activities' the words `related to
the Trans-Alaska Oil Pipeline'; and
(3) by inserting at the end of the subsection the following new sentence:
`This subsection shall not apply to removal costs covered by the Oil Spill
Liability and Compensation Act of 1989.'.
(b)(1) Subsection (c) of section 204 of the Trans-Alaska Pipeline
Authorization Act is repealed. This repeal shall have no effect on claims
against the Trans-Alaska Pipeline Liability Fund that arise from discharges
subject to section 204(c) of such Act prior to the date of enactment
of this Act. Such claims shall be enforceable against the Oil Spill
Compensation Fund in accordance with the terms of such section 204(c),
as in effect immediately prior to the date of enactment of this Act. The
Oil Spill Compensation Fund shall assume all rights and liabilities of
the Trans-Alaska Pipeline Liability Fund. All assets of the Trans-Alaska
Pipeline Liability Fund shall be transferred to the Fund established under
this Act upon the date of enactment of this Act.
(2) The owners of the oil at the time it is loaded on vessels from the
Trans-Alaska Pipeline System shall receive credit against amounts due under
section 4611 of the Internal Revenue Code of 1986 (26 U.S.C. 4611). Credit
shall be allowed only against that portion of amounts due that is
attributable to the Oil Spill Liability Trust Fund rate established by
section 4611(c) of that Code. The total of all credits under this paragraph
shall be equal to the amount transferred from the Trans-Alaska Pipeline
Liability Fund to the Oil Spill Compensation Fund, less any amounts paid
in settlement of claims against the Trans-Alaska Pipeline Liability Fund
by the Oil Spill Compensation Fund that are not recovered by the Oil Spill
Compensation Fund from other parties. Each owner of oil shall receive a
pro-rated share of the credit established by this paragraph. Such share
shall be determined by dividing the amount contributed by that owner to
the Trans-Alaska Pipeline Liability Fund by the total amount contributed
by all such owners to that Fund and applying the resulting percentage to
the total credit available under this paragraph.
(3) For any claims against the Trans-Alaska Pipeline Liability Fund, the
term `damages' shall include but not be limited to the loss of taxes, fees,
royalties, rents, or other revenues incurred by a political subdivision
of a State due to the injury, destruction, or loss of real property,
personal property, or natural resources, or diminished economic activity
due to the discharge. This definition shall be deemed to be effective as
of January 1, 1989.
(c) Trustees and former trustees of the Trans-Alaska Pipeline Liability
Fund shall not be subject to any liability incurred by that Fund or by the
present and past officers and trustees of that Fund, other than liability
for gross negligence or willful misconduct.
INTERVENTION ON THE HIGH SEAS ACT

0b23b3237b6fe949486a9c03af6b75ceb328254a56f0f888aeef77e44994511b

TITLE IV

-CONFORMING AMENDMENTS

to read as follows:
`SEC. 17. The Fund established under the Oil Spill Liability and Compensation
Act of 1989 shall be available to the Secretary for actions taken under
sections 5 and 7 of this Act.'.
CLEAN WATER ACT

72a65d4bc5393622cc805f5f79546bf5fef6d4e0f8b9b86c1ce5b3c90fc7f906

(a) Subsection (d) is amended by striking out the last sentence.
(b)(1) Subsections (f), (g), and (i) of section 311 of the Clean Water Act
shall not apply with respect to any discharge of oil resulting in removal
costs for which liability is established under section 102 of this Act,
except that natural resource damage assessment regulations, promulgated
under section 311(f) of the Clean Water Act shall apply to any such
discharges pending the entry into force of such regulations promulgated
under section 102 of this Act.
(2) Paragraphs (2) and (3) of subsection (f) are amended by striking out
`under subsection (c) for the removal of such oil or substance by the United
States Government' each place it appears and inserting in lieu thereof
`under subsection (c) for the removal of such oil or substance by the United
States Government and for payments made pursuant to section 103(a)(4)(A)
of the Oil Pollution Liability and Compensation Act of 1989'.
(c) Subsection (i) is amended by striking out `(1)' after `(i)' and striking
out paragraphs (2) and (3).
(d) Subsection (k) is repealed. Any amounts remaining in the revolving
fund established under that subsection shall be deposited in the Fund
established under this Act. The Oil Spill Compensation Fund shall assume all
liability incurred by the revolving fund established under section 311(k)
of the Clean Water Act.
(e) Subsection (l) is amended by striking out the second sentence.
(f) Subsection (p) is repealed.
(g) Section 311 is amended by adding at the end thereof the following
new subsection:
`(s) The Oil Spill Compensation Fund, established under the Oil Pollution
Liability and Compensation Act of 1989, shall be available to carry
out subsections (c), (d), (i), and (l) as those subsections apply to
discharges, or substantial threats of discharges, of oil. Any amounts
received by the United States under this section shall be deposited in
such Oil Spill Compensation Fund.'.
DEEPWATER PORT ACT

bd1ee02d7d8dbb85336546872e961402cced010d0fdc5a4e52346a18d3256e98

(a) In section 4(c)(1) strike `section 18(l) of this Act;' and insert in
lieu thereof `section 104 of the Oil Spill Liability and Compensation Act
of 1989,'.
(b) Subsections (b), (d), (e), (f), (g), (h), (i), (j), (l), (n), and
paragraph (1) of subsection (m) of section 18 are deleted.
(c) Paragraph (3) of subsection (c) of section 18 is amended by striking
`Deepwater Port Liability Fund established pursuant to subsection (f)
of this section', and inserting in lieu thereof `fund established under
the Oil Spill Liability and Compensation Act of 1989'.
(d) Subsections (c), (k), and (m) of section 18 are redesignated (b),
(c), and (d) respectively, and paragraphs (2), (3), and (4) of subsection
(m) are redesignated (1), (2), and (3), respectively.
(e) Any amounts remaining in the Deepwater Port Liability Fund, established
under section 18(f) of the Deepwater Port Act of 1974, shall be deposited
in the Fund established under this Act. The Oil Spill Compensation Fund
shall assume all liability incurred by the Deepwater Port Liability Fund.
OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS

ebd9738d65c69183af54dcb303d8455a8994c82c4442433471056dd2244f6d78

of 1978 is hereby repealed. Any amounts remaining in the Offshore Oil
Pollution Compensation Fund established under section 302 of that title
shall be deposited in the Fund established under this Act. The Oil Spill
Compensation Fund shall assume all liability incurred by the Offshore Oil
Pollution Compensation Fund.
SHORT TITLE

ceefdecc55cf7896d32607ad8097536a5d49dbdc07ec0f56c19d98862c601197

Oversight and Monitoring Act of 1989'.
FINDINGS

4e18239721a576f2e3977fbd88405a406fe552738f7017d887eb4d07c4d3f64d

(1) the March 24, 1989, grounding and rupture of the fully loaded oil
tanker, the Exxon Valdez, spilled eleven million gallons of crude oil in
Prince William Sound, an environmentally sensitive area;
(2) 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;
(3) one way to combat this complacency is to involve local citizens in
the process of preparing, adopting, and revising oil spill contingency plans;
(4) 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;
(5) such a mechanism presently exists at the Sullom Voe terminal in the
Shetland Islands and this terminal should serve as a model for others;
(6) because of the effective partnership that has developed at Sullom Voe,
Sullom Voe is considered the safest terminal in Europe;
(7) 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;
(8) 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;
(9) a pilot program patterned after Sullom Voe should be established in
Alaska to further refine the concepts and relationships involved; and
(10) 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.
DEMONSTRATION PROJECTS OF OIL TERMINAL ENVIRONMENTAL OVERSIGHT AND MONITORING
PROGRAMS

01f4e7fbb2d946b0a18c86aaf150e326b64a5ce0a6e5d8d17005d0ee9bbe616f

Monitoring Demonstration Programs (hereinafter referred to as the `Program')
in Alaska. One Program shall be responsible for environmental oversight and
monitoring of the Alyeska terminal facilities at Valdez in Prince William
Sound. The other Program shall be responsible for environmental oversight and
monitoring of the terminal facilities on the Kenai Peninsula in Cook Inlet.
OIL TERMINAL FACILITIES OPERATIONS ASSOCIATION

6d543bbac8ab0c27264e0265534c11d721fc5e7e9f329bca2d52263ac9daf7f4

Association (hereinafter referred to as the `Association') for each of the
Programs established in section 503. Each Association shall be comprised
of four individuals. Two individuals shall be designated by the industrial
users, owners, and operators of the terminal facilities and shall represent
those users, owners, and operators. 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. One individual shall be
an employee of the Federal Government, shall be designated by the President
of the United States, and shall represent the Federal Government.
(b) The Association shall be responsible for establishing and reviewing
all policies relating to the operation and maintenance of the oil terminal
facilities which affect or may affect the environment in the vicinity of
the terminal. The Association shall provide a forum between the industrial
users, owners, and operators of the terminal facilities and the United
States and State of Alaska governments for the discussion and resolution of
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.
OIL TERMINAL ENVIRONMENTAL ADVISORY COUNCIL

ca632774a0f07adf6c3c6cf26d8f533e2dd0306eb49823b65791ea37cbcf9160

Council (hereinafter referred to as the `Council') for each of the Programs
established by section 503.
(b) Each Council shall be composed of 16 members as follows:
(1) one cochairman appointed by the President;
(2) one cochairman appointed by the Governor of the State of Alaska;
(3) two representatives selected by the industrial users, owners, and
operators of the terminal facilities;
(4) two representatives selected by the fishing industry which depends
and relies upon the fisheries resources of the waters in vicinity of the
terminal facilities;
(5) one representative from each of the following--
(A) Environmental Protection Agency;
(B) Coast Guard; and
(C) Department of the Interior;
(6) one representative from each of the following State agencies or
departments of the State of Alaska--
(A) Department of Environmental Conservation;
(B) Department of Fish and Game; and
(C) Department of Natural Resources or Department of Commerce and Economic
Development;
(7) one representative selected by the Alaska Native Corporations and other
Alaska Native organizations the members of which reside in the vicinity
of the terminal facilities;
(8) one representative selected by the environmental organizations the
members of which reside in the vicinity of the terminal facilities;
(9) one representative selected by the mayors of the boroughs and
municipalities in the vicinity of the terminal facilities; and
(10) one representative selected by the Alaska State Chamber of Commerce.
(c) In appointing cochairman of the Council, the President and the Governor
of Alaska shall seek individuals who have had a long-term relationship
with the State of Alaska, a background in the areas of natural resources
and environmental sciences, and recognized leadership capabilities.
(d) No individual selected as a member of the Council shall serve on
the Association.
(e) The Council shall advise and make recommendations to the Association
on all policies, permits, and site specific regulations relating to the
operation and maintenance of terminal facilities which affect or may affect
the environment in the vicinity of the terminal facilities. In particular,
the Council shall--
(1) monitor, through the Monitoring Committee established pursuant to section
506, the environmental impacts of the operation of the terminal facilities;
(2) oversee those aspects of terminal facilities operations and maintenance
which affect or may affect the environment in the vicinity of the terminal
facilities;
(3) review, through the Oil Spill Committee established pursuant to
section 507, the adequacy of oil spill contingency plans for the terminal
facilities; and
(4) recommend to the Association--
(A) standards for permits and site specific regulations intended to
minimize the impact of terminal facilities operations on the environment
in the vicinity of the terminal facilities;
(B) modifications in terminal facilities operations and maintenance intended
to minimize the impact of terminal facilities operations on the environment
in the vicinity of the terminal facilities;
(C) modifications in terminal facilities operations and maintenance intended
to minimize the risk of oil spills; and
(D) modifications to the oil spill contingency plan for the terminal
facilities intended to enhance the ability to respond to an oil spill.
SCIENTIFIC COMMITTEE FOR ENVIRONMENTAL MONITORING

f500ed8b7a9372c6931b9dcdf3549cc7ece954fea340cb63b4cb5a270c222785

(hereinafter referred to as the `Monitoring Committee') to devise and
manage a comprehensive program of monitoring of the environmental impacts of
terminal facilities operations. The membership of the Monitoring Committee
shall be made up of recognized scientific experts selected by the Council.
(b) In fulfilling its responsibilities, the Monitoring Committee shall--
(1) advise the Council on a monitoring strategy that will permit early
detection of environmental impacts of terminal facilities operations;
(2) define the requirements of monitoring programs and making recommendations
to the Council on the implementation of those programs;
(3) 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; and
(4) provide written reports to the Council which interpret and assess the
results of all monitoring programs.
TECHNICAL COMMITTEE FOR OIL SPILL PLANNING AND PREPAREDNESS

16ad55b3e47c195db44d83546247a63681ee31be056bde67df2fe05e9eb9aeae

(hereinafter referred to as the `Oil Spill Committee') to review and assess
the planning and preparation for responding to, containing, and cleaning
up oil spills. The membership of the Oil Spill Committee shall be made up
of recognized technical experts selected by the Council.
(b) In fulfilling its responsibilities, the Oil Spill Committee shall--
(1) periodically review the oil spill contingency plans for the terminal
facilities in light of new technological developments and changed
circumstances;
(2) participate in periodic drills and testing of the oil spill contingency
plans for the terminal facilities;
(3) study wind and water currents and other environmental factors in the
vicinity of the terminal facilities which may affect the ability to respond
to, contain, and cleanup an oil spill;
(4) identify highly sensitive areas in the vicinity of the terminal
facilities which may require specific protective measures in the event of
an oil spill;
(5) monitor developments in oil spill containment, response and cleanup
technology; and
(6) provide written reports to the Council outlining its findings and
recommendations.
AGENCY COOPERATION

3c3a0d2bc1fe83df31adebf443e8d269b9bf64a9548802597505bd8c598b3968

the date of enactment of this title, 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 environment in
the vicinity of the terminal facilities, consult with the appropriate
Council prior to taking substantive action with respect to such permit,
site specific regulation, or other matter. Such consultation shall be
carried out with a view to enabling the appropriate Association and Council
to review such permit, site specific regulation, or other matter and make
recommendations with respect thereto.
RECOMMENDATIONS OF THE COUNCIL

b13768fb78a6e634c9e1580908c8733986d142e41e35461604128662ba46010c

modifies before adoption any recommendation of the Council made pursuant to
the authority granted to the Council in subsection (e) of section 505, the
Association shall provide, in writing within 5 days of its decision, to the
cochairmen of the Council notice of its decision and a written statement of
reasons for its rejection or significant modification of the recommendation.
ADMINISTRATIVE ACTIONS

88660ba6e9954af637d5d87f10118534f147bef1272d28e98fc9b00c91f5a8cc

serve as members of the Associations and Councils under this title shall
be submitted to the Administrator of the Environmental Protection Agency
prior to the expiration of the 120-day period following the date of the
enactment of this title. On or before the expiration of the 180-day period
following such date of enactment, the Administrator shall call an initial
meeting of each Association and Council for organizational purposes.
LOCATION; EXPENSES

8679e86e642cf575d40c76e48881cad17b3d0ca5868d43c398a8a2fc417b80e2

be located in the State of Alaska.
(b) No member of an Association or Council shall be compensated for his or
her services as a member of such Association or Council, as such, but shall
be allowed travel expenses, including per diem in lieu of subsistence,
at a rate established by such Association or Council not to exceed the
rates authorized for employees of agencies under sections 5702 and 5703
of title 5, United States Code.
FUNDING

b7532ffcf69f5009f17e68eefbabd89c04940370e6dd66a1f102ef0941f5cf48

Oil Production Liability and Compensation Act of 1989 shall be available,
without fiscal year limitation, to establish the environmental oversight and
monitoring programs established by this title, subject to section 103(a)(7)
of this Act, and not to exceed $3,000,000 annually to carry out such program,
subject to section 103(a)(8) of this Act.
(b) Moneys made available pursuant to subsection (a) shall be used by the
Administrator of the Environmental Protection Agency to make grants to the
Associations and Councils established by this title to enable them to carry
out their functions under this title. Such grants shall be made in such
amounts and subject to such conditions as the Administrator shall determine.
DONATIONS

b03eb2ff34a1fc5d1a2cbb11ff2948eca50ef674215128ee8cb16787f0f905f2

or Council established by this title is authorized to accept donations
and contributions to be used by it in carrying out its functions under
this title.
REPORTS

0b1b2a21c26d39660c220473c55a79a5d4030b24eb56468a69fd05cfaf0d4d5f

date of the enactment of this title, each Association and Council established
by this title shall report to the President and the Congress concerning
its activities pursuant to this title, together with its recommendations.
(b) Prior to the expiration of the 36-month period following the date
of the enactment of this title, the General Accounting Office shall
report to the President and the Congress as to the effectiveness of the
demonstration programs carried out pursuant to this title, together with
its recommendations.
DEFINITIONS

af4b86e2aa50e064a4d9a9a54235e8d30062d13f4c9a43b5782e9188370a6346

(1) `terminal facilities' means the entire oil terminal complex including
all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles,
and other facilities associated with and necessary for the movement of
crude oil or petroleum products into and out of the oil terminal complex; and
(2) `vicinity of the terminal' means that geographical area surrounding
the terminal facilities the environment of which is directly affected or
may be directly affected by the operation of the terminal facilities.
SAVINGS CLAUSE

0ff04613a98af7c561c9806f1da7764f78ceaf3072d09da177282a7ee7e9c36f

State of Alaska to preserve and protect the environment through such means
as regulation of land, air, and water uses, of safety, and of related
development and activity shall not be superseded by anything in this title.
GENERAL PROVISIONS
PENALTIES

8f442d4d0261c38293beb61be9dc7215b62f6c58361dacc47ab38b93ae8ce9e4

U.S.C. 1350(b)) is amended--
(1) by striking `If any' and inserting in lieu thereof `(1) Except as
provided in paragraph (2), if any';
(2) by striking `$10,000' and inserting in lieu thereof `$20,000';
(3) by adding at the end of paragraph (1) the following new sentence:
`The Secretary shall, by regulation, not less often than every 3 years,
adjust the penalty specified in this paragraph to reflect increases in
the Consumer Price Index.'; and
(4) by adding at the end the following new paragraph:
`(2) If a failure described in paragraph (1) constitutes a threat of serious,
irreparable, or immediate harm or damage to life (including fish and other
aquatic life), property, any mineral deposit, or the marine, coastal, or
human environment, a civil penalty may be assessed without regard to the
requirement of the expiration of a period allowed for corrective action.'.
COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS

5d1db95b102b1312671e9dd5f3df0a6f0c03fc39b2550745836b7b1929cb313d

of the Outer Continental Shelf Lands Act, as amended (42 U.S.C. Sec. 1334),
is amended by adding a new subsection (j) as follows:
`(j) Cooperative Development of Common Hydrocarbon-Bearing Areas-
`(1) Findings-
`(A) The Congress of the United States finds that the unrestrained
competitive production of hydrocarbons from a common hydrocarbon-bearing
geological area underlying the Federal and State boundary may result in
a number of harmful national effects, including--
`(I) the drilling of unnecessary wells, the installation of unnecessary
facilities and other imprudent operating practices that result in economic
waste, environmental damage and damage to life and property;
`(II) the physical waste of hydrocarbons and an unnecessary reduction in the
amounts of hydrocarbons that can be produced from certain hydrocarbon-bearing
areas; and
`(III) the loss of correlative rights which can result in the reduced
value of national hydrocarbon resources and disorders in the leasing of
Federal and State resources.
`(2) The Secretary shall prevent, through the cooperative development of
an area, the harmful effects of unrestrained competitive production of
hydrocarbons from a common hydrocarbon-bearing area underlying the Federal
and State boundary.'.
(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.
REPORT ON AGREEMENTS BETWEEN THE UNITED STATES AND CANADA GOVERNING LIABILITY
FOR POTENTIAL OIL SPILLS IN THE GREAT LAKES AND THE ST. LAWRENCE SEAWAY AND
INTERNATIONAL CONTINGENCY PLANS

8e7449734be39c206977937b5920742fe6ddfb58023908faf9e327031c071430

(1) the Great Lakes contain 95 percent of the United States' and 20
percent of the world's fresh surface water, providing drinking water for
approximately twenty-five million Americans, supporting 20 percent of all
United States manufacturing, providing habitat for thousands of wildlife
species, and providing invaluable recreational opportunities and businesses
for millions of people;
(2) last year four United States and twenty-two Canadian tanker vessels
carried eighty-one million barrels of petroleum and hazardous materials
through the Great Lakes;
(3) the Great Lakes are particularly vulnerable to oil spills, because
they contain fresh water and are a closed system, without a larger sea to
help disperse contaminants and reduce retention time;
(4) the potential for a disastrous oil spill on the Great Lakes was
recently demonstrated in March 1989, when the Canadian tank barge Scurry
narrowly avoided the release of one million four hundred thousand gallons
of carbon black feedstock when it ran aground twice on the Detroit River,
near the drinking water intakes which serve nearly three million people;
(5) the near miss in March of 1989 was not an isolated incident, and
hundreds of smaller spills have actually occurred in recent years on the
Great Lakes; and
(6) concerns have been raised about inadequate requirements by the United
States and Canada on the prevention and remediation of oil spills in
the Great Lakes, including questions about measures on double-hulled
tankers, double-skinned barges, vessel inspections, pilotage rules,
spill notifications, spill contingency plans, containment equipment,
wildlife rehabilitation facilities, clean-up procedures and the allocation
of liability.
(b) REPORT- The Secretary of State shall review the international agreements
and treaties with the Republic of Canada, including relevant provisions in
the Great Lakes Water Quality Agreement of 1978, as amended by the Protocol
of 1987, and the Canada-United States Marine Pollution substances, in order
to determine whether amendments or additional international agreements are
necessary to resolve complex questions of recovery of damages in the event
of an oil spill in the Great Lakes and to ensure the adequacy of measures
to prevent and remediate such spills. To the extent possible, the Secretary
of State shall consult with the United States Coast Guard, the Environmental
Protection Agency, and States surrounding the Great Lakes during this review.
(c) REPORT- The Secretary of State shall report to the Congress on the
results of this review within thirty days of the date of enactment.
AGREEMENT BETWEEN THE UNITED STATES AND CANADA GOVERNING LIABILITY FOR
POTENTIAL OIL SPILLS IN THE ARCTIC OCEAN AND INTERNATIONAL CONTINGENCY PLANS

c1b5ae3e69cda236ab0d326b2682d885659259a819e3ad962de39fea25d41d43

(1) Canada has discovered commercial quantities of oil and gas in the
Amalagak region of the Northwest Territory;
(2) Canada is currently exploring alternatives for transporting the oil
from the Amalagak field to markets in Asia and the Far East;
(3) one of the options the Canadian government is exploring involves
transhipment of oil from the Amalagak field across the Beaufort Sea to
tankers which would transport the oil overseas;
(4) the tankers would traverse the American Exclusive Economic Zone through
the Beaufort Sea into the Chukchi Sea and then through the Bering Straits;
(5) these waters serve as the kitchen table for Alaska's native people
providing them with sustenance in the form of walrus, seals, fish,
and whales;
(6) the Beaufort and Chukchi Seas provide important habitat for the bowhead
whale, the lifeblood of the Eskimo people of Alaska;
(7) an oil spill in the Arctic Ocean, if not properly dealt with, could
have significant impacts on the indigenous people of Alaska's North Slope;
(8) The Canadian Arctic Waters Pollution Act limits recovery of damages
incurred as a result of offshore exploration or development to $C40 million
and does not apply west of 141 degrees latitude;
(9) the Canadian government has entered into an agreement with all companies
licensed to drill in the Canadian Beaufort mandating liability to United
States; claimants for damages suffered west of 141 degrees latitude,
but that liability is limited to $C20 million.
(10) there is no international agreement in effect between the United
States and Canada outlining legal liability in the event of an oil spill; and
(11) there are no international contingency plans involving our two
governments governing containment and cleanup of an oil spill in the
Arctic Ocean.
(b) NEGOTIATIONS- The Congress calls upon the Secretary of State of the
United States of America and the Foreign Minister of the Republic of Canada
to begin negotiations on a treaty dealing with the complex questions of
recovery of damages, contingency plans, and coordinated actions in the
event of an oil spill in the Arctic Ocean or a tanker accident during the
shipment of oil by sea.
(c) REPORT- The Secretary of State shall report to the Congress on his
efforts toward this end no later than January 1, 1990.
Attest:
Secretary.
HR 1465 EAS----2
HR 1465 EAS----3
HR 1465 EAS----4
HR 1465 EAS----5
HR 1465 EAS----6
HR 1465 EAS----7
HR 1465 EAS----8
HR 1465 EAS----9

db8a51084d864bb2fb2b9b8ac191007c7d1751942fad537e70aab7fcab671398

Oil Terminal Environmental Oversight and Monitoring Act of 1989 — HR. 1465

Other Sections