Sec. 322. Western Alaska oil spill planning criteria
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Chapter 3 of title 14, United States Code, is amended by adding at the end the following: There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the Program ) to develop and administer the Western Alaska oil spill planning criteria. Not later than 1 year after the date of the enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the Program Manager )— the primary duty of whom shall be to administer the Program; and who shall not be subject to frequent or routine reassignment.
The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. The Program Manager shall develop guidance for— approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and gathering input concerning such planning criteria from Federal agencies, State, local, and Tribal governments, and relevant industry and nongovernmental entities. Not less frequently than once every 5 years, the Program Manager shall— assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria.
The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by— developing formalized training on the Program that, at a minimum— provides in-depth analysis of— the national planning criteria described in part 155 of title 33, Code of Federal Regulations (or successor regulations); alternative planning criteria;
Western Alaska oil spill planning criteria; Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan; the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ), including instruction on carrying out such actions— in any geographic area in the United States; and specifically in the Seventeenth Coast Guard District; and providing such training to all Coast Guard personnel involved in the Program.
In this section: The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. The term Tribal means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) ).
The term Western Alaska oil spill planning criteria means the criteria required under paragraph
(9)of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). . The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following: 323. Western Alaska Oil Spill Planning Criteria Program. . Section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) is amended by adding at the end the following: In this paragraph: The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. The term Prince William Sound Captain of the Port Zone means the area described in section 3.85–15(b) of title 33, Code of Federal Regulations (or successor regulations). The term Secretary means the Secretary of the Department in which the Coast Guard is operating. The term Tribal means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). The term Western Alaska Captain of the Port Zone means the area described in section 3.85–15(a) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph). Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area, a response plan required under paragraph
(5)with respect to a discharge of oil for such a vessel shall comply with the planning criteria established under subparagraph (D)(i). The planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating in that area prior to the date on which the planning criteria under subparagraph (D)(i) are established. The President, acting through the Commandant in consultation with the Western Alaska Oil Spill Criteria Program Manager established under section 323 of title 14, United States Code, shall establish— Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area; and standardized submission, review, approval, and compliance verification processes for the planning criteria established under clause (i), including the quantity and frequency of drills and on-site verifications of vessel response plans accepted pursuant to those planning criteria. The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: Mechanical oil spill response resources that are required to be located within that area. Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within that area. Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that— is capable of responding in all operating environments in that area; controls oil spill response resources of dedicated and nondedicated resources within that area, through ownership, contracts, agreements, or other means approved by the President, sufficient— to mobilize and sustain a response to a worst case discharge of oil; and to contain, recover, and temporarily store discharged oil; has pre-positioned oil spill response resources in strategic locations throughout that area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; has temporary storage capability using both dedicated and non-dedicated assets located within that area; has non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and considers availability of wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. Specifying a minimum length of time that approval of a response plan under this paragraph is valid. Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. The Commandant may consider criteria regarding— vessel routing measures consistent with international routing measure deviation protocols; and maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. The President may approve a response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under subparagraph (D)(i). The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the planning criteria under subparagraph (D)(i). Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph
(B)that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. Nothing in this paragraph affects— the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone; the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone under section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 ); or the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill. . Not later than 2 years after the date of the enactment of this Act, the President shall establish the planning criteria required to be established under paragraph (9)(D)(i) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). In establishing the planning criteria described in subparagraph (B), the President shall consult with the Federal, State, local, and Tribal agencies, and the owners and operators, that would be subject to those planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska. The Secretary shall conduct government-to-government consultation with federally recognized Indian Tribes, as requested and appropriate for activities authorized by this section. Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph
(9)of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ).
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