Sec. 823. ARCTIC PLANNING CRITERIA
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## SEC. 823 ARCTIC PLANNING CRITERIA **[**[33 U.S.C. 1321 note](/us/usc/t33/s1321)**]** ###
(a)Alternative Planning Criteria ####
(1)In general For purposes of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard may approve a vessel response plan under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for a vessel operating in any area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic, if the Commandant verifies that— #####
(A)equipment required to be available for response under the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated; and #####
(B)the operators of such equipment have conducted training on the equipment within the area covered by such Captain of the Port Zone. ####
(2)Post-approval requirements In approving a vessel response plan under paragraph (1), the Commandant shall— #####
(A)require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills using the response resources identified in the plan in the area covered by the Captain of the Port Zone that includes the Arctic; and #####
(B)allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such Captain of the Port Zone, instead of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization— ######
(i)documents which exercise or drill requirements were met during the response; and ######
(ii)submits a request for credit to, and receives approval from, the Commandant. ###
(b)Report ####
(1)In general Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities for the area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic. ####
(2)Contents The report submitted under paragraph
(1)shall include the following: #####
(A)A description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone, including details on any providers of such equipment and assets. #####
(B)A description of the location of such equipment and assets, including an estimate of the time to deploy the equipment and assets. #####
(C)A determination of how effectively such equipment and assets are distributed throughout the area covered by the Captain of the Port Zone. #####
(D)A statement regarding whether the ability to maintain and deploy such equipment and assets is taken into account when measuring the equipment and assets available throughout the area covered by the Captain of the Port Zone. #####
(E)A validation of the port assessment visit process and response resource inventory for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone. #####
(F)A determination of the compliance rate with Federal vessel response plan regulations in the area covered by the Captain of the Port Zone during the previous 3 years. #####
(G)A description of the resources needed throughout the area covered by the Captain of the Port Zone to conduct port assessments, exercises, response plan reviews, and spill responses. ###
(c)Definition of Arctic In this section, the term “Arctic” has the meaning given the term under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
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