[Senate Report 111-242]
[From the U.S. Government Publishing Office]
Calendar No. 502
111th Congress Report
SENATE
2d Session 111-242
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FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION AND RESPONSE
ACT OF 2010
_______
August 2, 2010.--Ordered to be printed
_______
Ms. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3515]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 3515) to authorize and enhance the programs
of the Department of the Interior relating to the detection of,
response to, and mitigation and cleanup of oil spills on
Federal land managed by the Department, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
General Statement and Background
Section 7001(a) of the Oil Pollution Act of 1990 (OPA 90)
established the Interagency Coordinating Committee on Oil
Pollution Research. The purpose of the Interagency Committee is
twofold: (1) To prepare a comprehensive, coordinated Federal
oil pollution research and development (R&D) plan; and (2) to
promote cooperation with industry, universities, research
institutions, state governments, and other nations through
information sharing, coordinated planning, and joint funding of
projects.
The Interagency Committee was commissioned with 13 members
and is chaired by the Coast Guard. Membership includes:
Department of Commerce
National Oceanic and Atmospheric
Administration
National Institute of Standards and
Technology
Department of Energy
Department of Interior
Minerals Management Service
United States Fish and Wildlife Service
Department of Transportation
Maritime Administration
Pipeline and Hazardous Materials Safety
Administration
Department of Defense
United States Army Corps of Engineers
United States Navy
Environmental Protection Agency
National Aeronautics and Space Administration
Department of Homeland Security
United States Coast Guard
Federal Emergency Management Agency--
United States Fire Administration
Section 7001(b) of OPA 90 required the Interagency
Committee to prepare an Oil Pollution Research and Development
Plan. The Interagency Committee prepared the original Oil
Pollution Research and Development (R&D) Technology Plan to
define the roles of each federal agency involved in oil spill
research and development. The plan was submitted to Congress in
April 1992 and later reviewed by the National Research
Council's Committee on Oil Spill Research and Development under
the auspices of the Marine Board. Using input from the Marine
Board, the Committee revised the plan in May 1993 to address
spill prevention, human factors, and the field testing/
demonstration of developed response technologies. The current
version of the plan, still based on the Marine Board
recommendations, is dated April 1997 and has not been updated
since.\1\
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\1\Interagency Coordinating Committee on Oil Pollution Research,
Biennial Report for Fiscal Years 2008 and 2009, dated December 2009.
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Pursuant to Section 7001(c) of OPA 90, the Interagency
Committee and its member agencies implement, coordinate and
monitor oil pollution research and development initiatives,
including efforts with industry, universities, research
institutions, state governments and other institutions. For
example, the Bureau of Ocean Energy Management (formerly known
as the Minerals Management Service or MMS) oversees the
operation and maintenance of Ohmsett--The National Oil Spill
Response Test Facility, located at the U.S. Naval Weapons
Station Earle in Leonardo, NJ. Ohmsett is used to provide full
scale oil pollution response equipment testing and to provide
responder training. In addition, the Interagency Committee's
most recent Biennial Report to Congress (for fiscal years 2008
and 2009) highlights 66 ongoing and new research projects and
50 peer-reviewed publications which involved Committee members.
These include research on spilled oil fate and behavior
modeling, alternative response technologies, spill toxicity and
biological effect, and dispersant use.\2\
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\2\Id.
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Many of the research projects and efforts authorized by OPA
90 were completed or terminated in the early years of the
Interagency Committee, and some research activities authorized
in OPA 90 were never implemented. A lack of funding has
challenged the Federal research program. The Interagency
Committee does not receive appropriations to carry out its
work. Instead, the participating agencies must draw on their
individual agency budgets to fund oil spill research efforts.
In addition, no dedicated funding source exists to ensure
sustained investment in oil spill response research.
Despite the continued efforts of the Interagency Committee
since the passage of OPA 90, the recent Deepwater Horizon oil
spill in the Gulf of Mexico highlights the need to refocus and
reinvigorate these research efforts. Oil spill response
technology has not made significant advances in recent decades
and has proved inadequate to respond to the Deepwater Horizon
Oil Spill. The existing Federal research program could be
improved to better meet oil response needs. S. 3515 will ensure
that these existing research efforts are appropriately targeted
and that they address the numerous challenges highlighted by
the disaster in the Gulf of Mexico, including exploration and
extraction in deepwater, ultra deepwater and other extreme
environmental conditions.
S. 3515, as amended, would modify the existing interagency
oil spill research program authorized in OPA 90 to make
critical improvements to the operation and focus of the program
and address today's most critical research needs. In
particular, the bill would:
Direct the Department of the Interior (Interior),
in coordination with ongoing interagency research efforts, to
support research on oil spill response technology related to
drilling, including activities to prevent and respond to well
blowouts.
Establish a mechanism to provide independent
scientific and technical advice, through the National Academy
of Sciences, to the interagency oil pollution research program.
Require the development and publication of a
research and technology plan for the program every 2 years to
ensure the interagency research efforts are continually re-
evaluated to focus on the most current needs.
Establish, at appropriate higher education
institutions, research centers of excellence focused on
response technologies for deepwater, ultra deepwater, and other
extreme environment oil spills.
Establish an Oil Discharge Technology and Research
Fund, capitalized through Federal royalties, rents, and bonuses
derived from Federal onshore and offshore oil and gas leases,
to ensure that this crucial research has a source of
sustainable funding.
Objectives of the Legislation
The objective of this legislation is to maintain and
enhance the oil spill prevention and response related research
and facilities of the Federal Government and ensure that there
are adequate knowledge, practices, and technologies to detect,
respond to, contain, and clean up oil spills, whether onshore
or on the outer Continental Shelf.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the ``Federal
Research and Technologies for Oil Spill Prevention and Response
Act of 2010.''
Section 2. Findings and purposes
Section 2 states that the purposes of this Act are to
maintain and enhance the world-class oil spill prevention and
response related research and facilities of the Federal
Government and ensure that there are adequate knowledge,
practices, and technologies to detect, respond to, contain, and
clean up oil spills, whether onshore or on the outer
Continental Shelf.
Section 3. Science and technology advice and guidance
Summary
Section 3 amends Section 7001(b) of OPA 90 to direct the
National Academy of Sciences, through the establishment of a
``Science and Technology Advisory Board'', to provide
scientific and technical advice to the interagency oil
pollution research program, including:
the identification of knowledge gaps that
the program should address;
the establishment of scientific and
technical priorities; and
an annual review of the results and
effectiveness of the program, including successful
technology development.
Discussion
The establishment of the Science and Technology Advisory
Board provides an ongoing mechanism for regular input from
independent experts on Federal research priorities. This
provision ensures that the Federal program can adapt to
changing research needs and continues to address the most
critical research priorities.
Section 4. Oil Pollution Research and Development Program
Summary
Section 4 amends Section 7001(c) of OPA 90 to make
improvements to the interagency oil pollution research and
development program.
Subsections (a)(1) and (a)(4) establish new areas of
research focus within the interagency program, including:
research, development, and demonstration of
new or improved technologies and systems to contain,
respond to, and clean up a discharge of oil in extreme
or harsh conditions on the outer Continental Shelf;
research to evaluate the relative
effectiveness and environmental impacts (including
human and environmental toxicity) of dispersants;
characterization of oil and natural gas in
and on soil and water, including plume behavior and
chemical and biological degradation; and
modeling, simulation, and prediction of the
trajectories of oil releases on the surface,
subsurface, and in the water.
Subsection (a)(3) specifically authorizes an oil discharge
research program within the Department of the Interior
(Interior). The subsection directs Interior, in coordination
with the Interagency Committee, to support research,
development, technology demonstration, and risk assessment to
address issues associated with the detection of, response to,
and mitigation and cleanup of discharges of oil. Specific areas
of focus for the program include technologies, materials,
methods, and practices:
to detect the release of hydrocarbons from
leaking exploration or production equipment;
to characterize the rates of flow from
leaking exploration and production equipment in
locations that are remote or difficult to access;
to protect the safety of workers addressing
hydrocarbon releases from exploration and production
equipment;
to control or contain the release of
hydrocarbons from a blowout or other loss of well
control; and
for environmental assessment, restoration,
and long-term monitoring.
Subsection (a)(5) directs Interior, in conjunction with
other agencies, to conduct demonstration projects in deepwater,
ultra deepwater and other extreme environmental conditions for
the purpose of demonstrating new integrated deepwater oil
discharge mitigation and response systems. The mitigation and
response systems developed and tested in these demonstration
projects should include improved oil flow monitoring and
calculation; improved oil discharge response capability;
improved subsurface mitigation technologies; and improved
capability to track and predict the flow and effects of oil
discharges in both subsurface and surface areas for the
purposes of making oil mitigation and response decisions.
Subsection (a)(6) requires Interior to establish, at
appropriate higher education institutions, at least one
research center of excellence focused on response technologies
for deepwater, ultra deepwater, and other extreme environment
oil spills. This subsection also requires the Department of
Commerce (Commerce) to establish at least one research center
of excellence focused on oil spill response and restoration and
directs Interior and Commerce to provide grants to their
respective centers of excellence to fund this research. This
subsection also authorizes any other member of the Interagency
Committee to establish research centers of excellence that are
necessary to carry out the Federal interagency research
program. Finally, subsection (a)(6) directs the Secretary of
the Interior and the Administrator of the Environmental
Protection Agency to jointly conduct a pilot program to conduct
field tests of new oil discharge response, mitigation, and
cleanup technologies.
Subsection (a)(7) requires the Interagency Committee to
develop and publish a research and technology plan for this
research program every two years. The plan must identify
research needs, propose areas of research focus, establish
program priorities, and estimate the funding needed and
timetables for completion of research tasks under the program.
This subsection also requires peer review of all research
funded by the Federal program. Finally, this subsection
establishes an Oil Discharge Technology and Research Fund,
capitalized through Federal royalties, rents, and bonuses
derived from Federal onshore and offshore oil and gas leases.
Discussion
The Deepwater Horizon oil spill highlighted the lack of
proven technology and response equipment to respond to oil
spills in extreme conditions, such as ultra deep water, as well
as the need for improvements in safety, well control, oil
capture, and spill trajectory modeling related to oil spills on
the outer continental shelf. In addition, numerous questions
have been raised about the effectiveness and impacts of
chemical dispersants. The Environmental Protection Agency has
noted the lack of available information about the impacts,
particularly during subsurface application, of many of the
dispersants already approved for use. Subsections (a)(1),
(a)(3), and (a)(4) ensure that the Federal research program
places a focus on these emerging priorities.
Subsections (a)(5) and (a)(6) establish demonstration
project and pilot testing programs to make certain that
technologies identified and developed through Federal research
programs are tested in real-world scenarios. These testing
programs are designed to promote the dissemination of new
technologies and improve the technologies available for use in
future oil spill response efforts.
The modifications in this section promote input from
independent experts and will leverage the expertise and
capacity of non-Federal entities. For example, requiring the
use of research centers of excellence at institutions of higher
education will bring additional capacity and expertise to the
ongoing Federal research efforts. In addition, new peer review
requirements ensure Federally-funded research benefits from
independent review.
Research needs are continuously evolving and new events,
such as the Deepwater Horizon oil spill, highlight additional
areas of focus. However, the current interagency research
efforts are guided by a static plan. Subsection (a)(7) requires
the development and regular update of a research and technology
plan that will guide Federal investments in oil spill research.
The development of this plan will help ensure the Federal
research program continues to adapt and maintain a focus on the
highest priority research topics.
The Oil Discharge Technology and Research Fund established
by this section ensures that critical oil spill mitigation and
response research has a source of ongoing and sustainable
funding.
Legislative History
The Federal Research and Technologies for Oil Spill
Prevention and Response Act of 2010 (S. 3515) was introduced by
Senator Shaheen (D-NH) and co-sponsored by Senators Mark Udall
(D-CO) and Bingaman (D-NM) on June 21, 2010. The bill was
received, read twice, and referred to the Senate Committee on
Environment and Public Works.
On June 30, 2010, the Full Committee met to consider a
number of bills including S. 3515. During this meeting, the
Committee adopted an amendment in the nature of a substitute
proposed by Senator Boxer that would incorporate elements of
the research program authorized in S. 3515 into the existing
inter-agency research program authorized under OPA 90. S. 3515
was ordered to be reported favorably with an amendment in the
nature of a substitute by voice vote.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 3515 on June 30, 2010. The bill was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3515
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office has found, ``S. 3515 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
Congressional Budget Office Cost Estimate
July 13, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3515, the Federal
Research and Technologies for Oil Spill Prevention and Response
Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3515--Federal Research and Technologies for Oil Spill Prevention and
Response Act of 2010
Summary: S. 3515 would authorize several agencies to spend,
without further appropriation, a total of $25 million a year
over the 2010-2020 period on a program to research and develop
technologies to prevent, mitigate, and clean up oil spills. The
bill also would establish a committee to advise agencies about
research conducted under the program. CBO estimates that
implementing the legislation would increase direct spending by
$264 million over the 2010-2020 period and $11 million after
2020; therefore, Pay-As-You-Go procedures would apply.\3\
Enacting the legislation would not affect revenues.
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\3\Different time periods apply for enforcing Pay-As-You-Go rules
in the Senate. CBO estimates that enacting the bill would increase
direct spending by $96 million over the 2010-2014 period and by $236
million over the 2010-2019 period.
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S. 3515 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3515 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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CHANGES IN DIRECT SPENDING
Budget Authority..................................... 25 25 25 25 25 25 25 25 25 25 25 150 275
Estimated Outlays.................................... 0 15 25 28 28 28 28 28 28 28 28 124 264
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2010.
Estimated outlays are based on historical spending patterns for
similar programs.
S. 3515 would authorize the expenditure of some of the
proceeds from federal oil and gas leases to fund research and
development efforts related to oil-spill prevention,
mitigation, and cleanup. The bill would authorize certain
agencies to spend, without further appropriation, a total of
$25 million a year on those activities. Based on information
regarding similar programs, CBO estimates that implementing the
legislation would increase direct spending by $264 million over
the 2010-2020 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Enacting S. 3515 would increase direct spending;
therefore, Pay-As-You-Go procedures would apply. The net
changes in outlays that are subject to those Pay-As-You-Go
procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3515 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JUNE 30, 2010
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 15 25 28 28 28 28 28 28 28 28 124 264
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Intergovernmental and private-sector impact: S. 3515
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Melissa Merrell; Impact
on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 1001. DEFINITIONS.
For the purposes of this Act, the term--
(1) * * *
* * * * * * *
SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Interagency Coordinating Committee on Oil Pollution
Research.--
(1) Establishment.--* * *
* * * * * * *
(3) Membership.--The Interagency Committee shall
include representatives from the Department of Commerce
(including the National Oceanic and Atmospheric
Administration and the National Institute of Standards
and Technology), the Department of Energy, the
Department of the Interior (including the Minerals
Management Service and the United States Fish and
Wildlife Service), the Department of Transportation
(including the United States Coast Guard, the Maritime
Administration, and the Pipeline and Hazardous
Materials Safety Administration), the Department of
Defense (including the Army Corps of Engineers and the
Navy), the Environmental Protection Agency, the
National Aeronautics and Space Administration, and the
United States Fire Administration in the Federal
Emergency Management Agency, as well as such other
Federal agencies as the President may designate.
A representative of the Department of Transportation shall
serve as Chairman.
(4) Chairman.--A representative of the Coast Guard
shall serve as Chairman of the Interagency Committee
(referred to in this section as the ``Chairman''.
(b) Oil Pollution Research and Technology Plan.--
(1) Implementation plan.--Within 180 days after the
date of enactment of this Act, the Interagency
Committee shall submit to Congress a plan for the
implementation of the oil pollution research,
development, and demonstration program established
pursuant to subsection (c). The research plan shall--
(A) identify agency roles and
responsibilities;
(B) assess the current status of knowledge on
oil pollution prevention, response, and
mitigation technologies and effects of oil
pollution on the environment;
(C) identify significant oil pollution
research gaps including an assessment of major
technological deficiencies in responses to past
oil discharges;
(D) establish research priorities and goals
for oil pollution technology development
related to prevention, response, mitigation,
and environmental effects;
(E) estimate the resources needed to conduct
the oil pollution research and development
program established pursuant to subsection (c),
and timetables for completing research tasks;
and
(F) identify, in consultation with the
States, regional oil pollution research needs
and priorities for a coordinated,
multidisciplinary program of research at the
regional level.
(2) Advice and guidance.--The Chairman, through the
Department of Transportation, shall contract with the
National Academy of Sciences to--
(A) provide advice and guidance in the
preparation and development of the research
plan; and
(B) assess the adequacy of the plan as
submitted, and submit a report to Congress on
the conclusions of such assessment.
[The National Institute of Standards and Technology
shall provide the Interagency Committee with advice and
guidance on issues relating to quality assurance and
standards measurements relating to its activities under
this section.]
(3) Science and technology advisory board.--
(A) In general.--The Chairman shall enter
into appropriate arrangements with the National
Academy of Sciences to establish an independent
committee, to be known as the `Science and
Technology Advisory Board', to provide
scientific and technical advice to the
Interagency Committee relating to research
carried out pursuant to the program established
under subsection (c), including--
(i) the identification of knowledge
gaps that the program should address;
(ii) the establishment of scientific
and technical priorities; and
(iii) an annual review of the results
and effectiveness of the program,
including successful technology
development.
(B) Reports.--Reports and recommendations of
the Board shall promptly be made available to
Congress and the public.
(C) National institute of standards and
technology.--The National Institute of
Standards and Technology shall provide the
Interagency Committee with advice and guidance
on issues relating to quality assurance and
standards measurements relating to activities
of the Interagency Committee under this
section.
(c) Oil Pollution Research and Development Program.--
(1) Establishment.--The Interagency Committee shall
coordinate the establishment, by the agencies
represented on the Interagency Committee, of a program
for conducting oil pollution research and development,
as provided in this subsection.
(2) Innovative oil pollution technology.--The program
established under this subsection shall provide for
research, development, and demonstration of new or
improved technologies which are effective in preventing
or mitigating oil discharges and which protect the
environment, including--
(A) development of improved designs for
vessels and facilities, and improved
operational practices;
(B) research, development, and demonstration
of improved technologies to measure the ullage
of a vessel tank, prevent discharges from tank
vents, prevent discharges during lightering and
bunkering operations, contain discharges on the
deck of a vessel, prevent discharges through
the use of vacuums in tanks, and otherwise
contain discharges of oil from vessels and
facilities;
(C) research, development, and demonstration
of new or improved systems of mechanical,
chemical, biological, and other methods
(including the use of dispersants, solvents,
[and bioremediation] bioremediation,
containment vessels, booms, and skimmers,
particularly under worst-case release
scenarios) for the recovery, removal, and
disposal of oil, including evaluation of the
environmental effects of the use of such
systems;
* * * * * * *
(I) research to evaluate the relative
effectiveness and environmental impacts of
bioremediation technologies; [and]
(J) research, development, and demonstration
of new or improved technologies and systems to
contain, respond to, and clean up a discharge
of oil in extreme or harsh conditions on the
outer Continental Shelf;
(K) research to evaluate the relative
effectiveness and environmental impacts
(including human and environmental toxicity) of
dispersants;
[(J)] (L) the demonstration of a satellite-
based, dependent surveillance vessel traffic
system in Narragansett Bay to evaluate the
utility of such system in reducing the risk of
oil discharges from vessel collisions and
groundings in confined waters.
(3) Authorization of agency oil discharge research
and development programs.--
(A) In general.--The Secretary of the
Interior, in coordination with the program
established under this subsection, the
Interagency Committee, and such other agencies
as the President may designate, shall carry out
a program of research, development, technology
demonstration, and risk assessment to address
issues associated with the detection of,
response to, and mitigation and cleanup of
discharges of oil occurring on Federal land
managed by the Department of the Interior,
whether onshore or on the outer Continental
Shelf.
(B) Specific areas of focus.--The program
established under this paragraph shall provide
for research, development, demonstration,
validation, personnel training, and other
activities relating to new and improved
technologies that are effective at preventing
or mitigating oil discharges and that protect
the environment, including technologies,
materials, methods, and practices--
(i) to detect the release of
hydrocarbons from leaking exploration
or production equipment;
(ii) to characterize the rates of
flow from leaking exploration and
production equipment in locations that
are remote or difficult to access;
(iii) to protect the safety of
workers addressing hydrocarbon releases
from exploration and production
equipment;
(iv) to control or contain the
release of hydrocarbons from a blowout
or other loss of well control; and
(v) in coordination with the
Administrator and the Secretary of
Commerce, for environmental assessment,
restoration, and long-term monitoring.
[(3)] (4) Oil pollution technology evaluation.--The
program established under this subsection shall provide
for oil pollution prevention and mitigation technology
evaluation including--
(A) the evaluation and testing of
technologies developed independently of the
research and development program established
under this subsection;
(B) the establishment, where appropriate, of
standards and testing protocols traceable to
national standards to measure the performance
of oil pollution prevention or mitigation
technologies; and
(C) the use, where appropriate, of controlled
field testing to evaluate real-world
application of oil discharge prevention or
mitigation technologies.
[(4)] (5) Oil pollution effects research.--(A) The
Committee shall establish a research program to monitor
and evaluate the environmental effects of oil
discharges. Such program shall include the following
elements:
(i) The development of improved models and
capabilities for predicting the environmental
fate, transport, and effects of oil
discharges[.], including--
(I) fundamental scientific
characterization of the behavior of oil
and natural gas in and on soil and
water, including miscibility, plume
behavior, emulsification, physical
separation, and chemical and biological
degradation;
(II) behavior and effects of
emulsified, dispersed, and submerged
oil in water; and
(III) modeling, simulation, and
prediction of oil flows from releases
and the trajectories of releases on the
surface, the subsurface, and in water.
(ii) The development of methods, including
economic methods, to assess damages to natural
resources resulting from oil discharges.
(iii) The identification of types of
ecologically sensitive areas at particular risk
to oil discharges and the preparation of
scientific monitoring and evaluation plans, one
for each of several types of ecological
conditions, to be implemented in the event of
major oil discharges in such areas.
(iv) The collection of environmental baseline
data in ecologically sensitive areas at
particular risk to oil discharges where such
data are insufficient.
(B) The Department of Commerce in consultation with
the Environmental Protection Agency shall monitor and
scientifically evaluate the long-term environmental
effects of oil discharges if--
(i) the amount of oil discharged exceeds
250,000 gallons;
(ii) the oil discharge has occurred on or
after January 1, 1989; and
(iii) the Interagency Committee determines
that a study of the long-term environmental
effects of the discharge would be of
significant scientific value, especially for
preventing or responding to future oil
discharges.
Areas for study may include the following sites where
oil discharges have occurred: the New York/New Jersey
Harbor area, where oil was discharged by an Exxon
underwater pipeline, the T/B CIBRO SAVANNAH, and the M/
V BT NAUTILUS; Narragansett Bay where oil was
discharged by the WORLD PRODIGY; the Houston Ship
Channel where oil was discharged by the RACHEL B; the
Delaware River, where oil was discharged by the
PRESIDENTE RIVERA, and Huntington Beach, California,
where oil was discharged by the AMERICAN TRADER.
(C) Research conducted under this paragraph by, or
through, the United States Fish and Wildlife Service
shall be directed and coordinated by the National
Wetland Research Center.
[(5)] (6) Marine simulation research.--The program
established under this subsection shall include
research on the greater use and application of
geographic and vessel response simulation models,
including the development of additional data bases and
updating of existing data bases using, among others,
the resources of the National Maritime Research Center.
It shall include research and vessel simulations for--
(A) contingency plan evaluation and
amendment;
(B) removal and strike team training;
(C) tank vessel personnel training; and
(D) those geographic areas where there is a
significant likelihood of a major oil
discharge.
[(6)] (7) Demonstration projects.--[The United States
Coast Guard]
(A) In general.--The United States Coast
Guard, in conjunction with other such agencies
in the Department of Transportation as the
Secretary of Transportation may designate,
shall conduct 4\1\ port oil pollution
minimization demonstration projects, one each
with [(A)] (i) the Port Authority of New York
and New Jersey, [(B)] (ii) the Ports of Los
Angeles and Long Beach, California,\1\ [(C)]
(iii) the Port of New Orleans, Louisiana, and
[(D)] (iv) a port on the Great Lakes\1\ for the
purpose of developing and demonstrating
integrated port oil pollution prevention and
cleanup systems which utilize the information
and implement the improved practices and
technologies developed from the research,
development, and demonstration program
established in this section. Such systems shall
utilize improved technologies and management
practices for reducing the risk of oil
discharges, including, as appropriate, improved
data access, computerized tracking of oil
shipments, improved vessel tracking and
navigation systems, advanced technology to
monitor pipeline and tank conditions, improved
oil spill response capability, improved
capability to predict the flow and effects of
oil discharges in both the inner and outer
harbor areas for the purposes of making
infrastructure decisions, and such other
activities necessary to achieve the purposes of
this section.
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\1\Section 2002(1) of P.L. 101-537 and section 4002(1) of P.L. 101-
646 made almost identical amendments to section 7001(c)(6). The
amendments made by P.L. 101-537 have been executed.
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(B) Extreme environmental condition
demonstration projects.--
(i) In general.--The Secretary of the
Interior, in conjunction with the heads
of such other agencies as the President
may designate, shall conduct deepwater,
ultra deepwater, and other extreme
environment oil discharge response
demonstration projects for the purpose
of developing and demonstrating new
integrated deepwater oil discharge
mitigation and response systems that
use the information and implement the
improved practices and technologies
developed through the program under
this subsection.
(ii) Requirements.--The mitigation
and response systems developed under
clause (i) shall use technologies and
management practices for improving the
response capabilities to deepwater oil
discharges, including--
(I) improved oil flow
monitoring and calculation;
(II) improved oil discharge
response capability;
(III) improved subsurface
mitigation technologies;
(IV) improved capability to
track and predict the flow and
effects of oil discharges in
both subsurface and surface
areas for the purposes of
making oil mitigation and
response decisions; and
(V) any other activities
necessary to achieve the
purposes of the program.
[(7)] (8) Simulated environmental testing.--Agencies
represented on the Interagency Committee shall ensure
the long-term use and operation of the Oil and
Hazardous Materials Simulated Environmental Test Tank
(OHMSETT) Research Center in New Jersey for oil
pollution technology testing and evaluations.
(9) Research centers of excellence.--
(A) Response technologies for deepwater,
ultra deepwater, and other extreme environment
oil discharges.--
(i) Establishment.--The Secretary of
the Interior shall establish at 1 or
more institutions of higher education a
research center of excellence for the
research, development, and
demonstration of technologies necessary
to respond to, contain, mitigate, and
clean up deepwater, ultra deepwater,
and other extreme-environment
discharges of oil.
(ii) Grants.--The Secretary shall
provide grants to the research center
of excellence established under clause
(i) to conduct and oversee basic and
applied research in the technologies
described in that clause.
(B) Oil discharge response and restoration.--
(i) Establishment.--The
Undersecretary of Commerce for Oceans
and Atmosphere, in coordination with
the Administrator and the Secretary of
the Interior, shall establish at 1 or
more institutions of higher education a
research center of excellence for
research and innovation in the fate of,
behavior and effects of, and damage
assessment and restoration relating to
discharges of oil.
(ii) Grants.--The Undersecretary of
Commerce for Oceans and Atmosphere
shall provide grants to the research
center of excellence established under
clause (i) to conduct and oversee basic
and applied research in the areas
described in that clause.
(C) Other research centers of excellence.--
Any agency that is a member of the Interagency
Committee may establish such other research
centers of excellence as the agency determines
to be necessary for the research, development,
and demonstration of technologies necessary to
carry out the program established under this
subsection.
(10) Pilot program.--
(A) In general.--The Secretary of the
Interior and the Administrator shall jointly
conduct a pilot program to conduct field tests,
in the waters of the United States, of new oil
discharge response, mitigation, and cleanup
technologies developed under the program
established under this subsection.
(B) Results.--The results of the field tests
conducted under subparagraph (A) shall be
used--
(i) to refine oil discharge
technology research and development;
and
(ii) to assist the Secretary of the
Interior and the Administrator in the
development of safety and environmental
regulations under this Act and other
applicable laws.
[(8)] (11) Regional research program.--(A) Consistent
with the research plan in subsection (b), the
Interagency Committee shall coordinate a program of
competitive grants to universities or other research
institutions, or groups of universities or research
institutions, for the purposes of conducting a
coordinated research program related to the regional
aspects of oil pollution, such as prevention, removal,
mitigation, and the effects of discharged oil on
regional environments. For the purposes of this
paragraph, a region means a Coast Guard district as set
out in part 3 of title 33, Code of Federal Regulations
(1989).
(B) The Interagency Committee shall coordinate the
publication by the agencies represented on the
Interagency Committee of a solicitation for grants
under this subsection. The application shall be in such
form and contain such information as may be required in
the published solicitation. The applications shall be
reviewed by the Interagency Committee, which shall make
recommendations to the appropriate granting agency
represented on the Interagency Committee for awarding
the grant. The granting agency shall award the grants
recommended by the Interagency Committee unless the
agency decides not to award the grant due to budgetary
or other compelling considerations and publishes its
reasons for such a determination in the Federal
Register. No grants may be made by any agency from any
funds authorized for this paragraph unless such grant
award has first been recommended by the Interagency
Committee.
(C) Any university or other research institution, or
group of universities or research institutions, may
apply for a grant for the regional research program
established by this paragraph. The applicant must be
located in the region, or in a State a part of which is
in the region, for which the project is proposed as
part of the regional research program. With respect to
a group application, the entity or entities which will
carry out the substantial portion of the proposed
research must be located in the region, or in a State a
part of which is in the region, for which the project
is proposed as part of the regional research program.
(D) The Interagency Committee shall make
recommendations on grants in such a manner as to ensure
an appropriate balance within a region among the
various aspects of oil pollution research, including
prevention, removal, mitigation, and the effects of
discharged oil on regional environments. In addition,
the Interagency Committee shall make recommendations
for grants based on the following criteria:
(i) There is available to the applicant for
carrying out this paragraph demonstrated
research resources.
(ii) The applicant demonstrates the
capability of making a significant contribution
to regional research needs.
(iii) The projects which the applicant
proposes to carry out under the grant are
consistent with the research plan under
subsection (b)(1)(F) and would further the
objectives of the research and development
program established in this section.
(E) Grants provided under this paragraph shall be for
a period up to 3 years, subject to annual review by the
granting agency, and provide not more than 80 percent
of the costs of the research activities carried out in
connection with the grant.
(F) No funds made available to carry out this
subsection may be used for the acquisition of real
property (including buildings) or construction of any
building.
(G) Nothing in this paragraph is intended to alter or
abridge the authority under existing law of any Federal
agency to make grants, or enter into contracts or
cooperative agreements, using funds other than those
authorized in this Act for the purposes of carrying out
this paragraph.
[(9)] (12) Funding.--For each of the fiscal years
1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts
in the Fund shall be available to carry out the
regional research program in [paragraph (8)] paragraph
(11), such amounts to be available in equal amounts for
the regional research program in each region; except
that if the agencies represented on the Interagency
Committee determine that regional research needs exist
which cannot be addressed within such funding limits,
such agencies may use their authority under [paragraph
(10)] paragraph (13) to make additional grants to meet
such needs. For the purposes of this paragraph, the
research program carried out by the Prince William
Sound Oil Spill Recovery Institute established under
section 5001, shall not be eligible to receive grants
under this paragraph until the authorization for
funding under section 5006(b) expires.
[(10)] (13) Grants.--In carrying out the research and
development program established under this subsection,
the agencies represented on the Interagency Committee
may enter into contracts and cooperative agreements and
make grants to universities, research institutions, and
other persons. Such contracts, cooperative agreements,
and grants shall address research and technology
priorities set forth in the oil pollution research plan
under subsection (b).
[(11)] (14) In carrying out research under this
section, the Department of Transportation shall
continue to utilize the resources of the Pipeline and
Hazardous Materials Safety Administration of the
Department of Transportation, to the maximum extent
practicable.
(15) Research and technology plan.--
(A) In general.--Not later than 1 year after
the date of enactment of this paragraph, and
every 2 years thereafter, the Chairman, in
consultation with the Board, shall develop and
publish a research and technology plan for the
program established under this subsection.
(B) Contents.--The plan under this paragraph
shall--
(i) identify research needs and
opportunities;
(ii) propose areas of focus for the
program;
(iii) establish program priorities,
including priorities for demonstration
projects under paragraph (7), the
research centers of excellence under
paragraph (9), and research funding
provided under paragraphs (11) and
(12); and
(iv) estimate--
(I) the extent of resources
needed to conduct the program;
and
(II) timetables for
completing research tasks under
the program.
(C) Publication.--The Chairman shall timely
publish--
(i) the plan under this paragraph;
and
(ii) a review of the plan by the
Board.
(16) Peer review of proposals and research.--
(A) In general.--Any provision of funds under
the program established under this subsection
shall be made only after the agency providing
the funding has carried out an impartial peer
review of the scientific and technical merit of
the proposals for the funding.
(B) Requirements.--The agency providing
funding shall ensure that any research
conducted under the program shall be peer-
reviewed, transparent, and made available to
the public.
(17) Oil discharge technology and research fund.--
(A) Establishment.--There is established in
the Treasury of the United States a revolving
fund, to be known as the `Oil Spill Technology
and Research Fund' (referred to in this
paragraph as the `Fund'), consisting of such
amounts as are transferred to the Fund under
subparagraph (B), to be administered by the
Chairman, to be available without fiscal year
limitation and not subject to appropriation, to
carry out the program established under this
subsection.
(B) Transfers to fund.--From any Federal
royalties, rents, and bonuses derived from
Federal onshore and offshore oil and gas leases
issued the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.) or the Mineral Leasing
Act (30 U.S.C. 181 et seq.) that are deposited
in the Treasury, and after distribution of any
funds described in subparagraph (C), there
shall be transferred to the Fund $25,000,000
for each of fiscal years 2010 through 2020, to
remain available until expended.
(C) Prior distributions.--The distributions
referred to in subparagraph (B) are those
required by law--
(i) to States and to the Reclamation
Fund under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)); and
(ii) to other funds receiving amounts
from Federal oil and gas leasing
programs, including--
(I) any recipients pursuant
to section 8(g) of the Outer
Continental Shelf Lands Act (43
U.S.C. 1337(g));
(II) the land and water
conservation fund, pursuant to
section 2(c) of the Land and
Water Conservation Fund Act of
1965 (16 U.S.C. 460l-5(c));
(III) the Historic
Preservation Fund, pursuant to
section 108 of the National
Historic Preservation Act (16
U.S.C. 470h); and
(IV) the coastal impact
assistance program established
under section 31 of the Outer
Continental Shelf Lands Act (43
U.S.C. 1356a).
(D) Prohibition.--Amounts in the Fund may not
be made available for any purpose other than a
purpose described in subparagraph (A).
(E) Annual reports.--
(i) In general.--Not later than 60
days after the end of each fiscal year
beginning with fiscal year 2010, the
Chairman shall submit to the Committees
on Appropriations, Energy and Natural
Resources, and Environment and Public
Works of the Senate and the Committees
on Appropriations, Natural Resources,
and Transportation and Infrastructure
of the House of Representatives a
report on the operation of the Fund
during the fiscal year.
(ii) Contents.--Each report shall
include, for the fiscal year covered by
the report, the following:
(I) A statement of the
amounts deposited in the Fund.
(II) A description of the
expenditures made from the Fund
for the fiscal year, including
the purpose of the
expenditures.
(III) Recommendations for
additional authorities to
fulfill the purpose of the
Fund.
(IV) A statement of the
balance remaining in the Fund
at the end of the fiscal year.
* * * * * * *
(f) Funding.--Not to exceed $22,000,000\1\ of amounts in the
Fund shall be available annually to carry out this section
except for subsection [(c)(8)] (c)(11). Of such sums--
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\1\Section 2002(2) of P.L. 101-537 and section 4002(2) of P.L. 101-
646 made almost identical amendments to section 7001(f). The amendments
made by P.L. 101-537 have been executed.
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(1) funds authorized to be appropriated to carry out
the activities under subsection [(c)(4)] (c)(5) shall
not exceed $5,000,000 for fiscal year 1991 or
$3,500,000 for any subsequent fiscal year; and
(2) not less than $3,000,000\1\ shall be available
for carrying out the activities in subsection [(c)(6)]
(c)(7) for fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection
[(c)(8)] (c)(11), are subject to appropriations.
* * * * * * *