Marine Oil Spill Prevention Act

I 116TH CONGRESS 1ST SESSION H. R. 2352 To improve the ability of the National Oceanic and Atmospheric Administra- tion, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, and response, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2019 Ms. WASSERMAN SCHULTZ (for herself, Ms. MUCARSEL-POWELL, Mr. BUCHANAN, and Mr. GAETZ) introduced the following bill; which was re- ferred to the Committee on Transportation and Infrastructure, and in ad- dition to the Committees on Natural Resources, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To improve the ability of the National Oceanic and Atmos- pheric Administration, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, and response, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 2352 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Marine Oil Spill Prevention Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents of 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. TITLE I—IMPROVING MARINE OIL SPILL PREVENTION CAPABILITIES Sec. 101. Coordination between National Oceanic and Atmospheric Administra- tion, Coast Guard, and Department of the Interior on oil spill matters. Sec. 102. Strengthening coastal State oil spill planning and response. Sec. 103. Moratorium on oil and natural gas preleasing, leasing, and related ac- tivities in certain areas off the coast of Florida. Sec. 104. Coast Guard inspections. Sec. 105. Navigational measures for protection of natural resources. Sec. 106. Gulf Coast Regional Citizens’ Advisory Council. Sec. 107. Vessel as responsible party. Sec. 108. Transportation and commerce aspects of outer Continental Shelf lands. TITLE II—IMPROVING MARINE OIL SPILL PREPAREDNESS Sec. 201. Improvements to National Oceanic and Atmospheric Administration oil spill response, containment, and prevention. Sec. 202. Coast Guard response plan requirements. Sec. 203. Oil spill technology evaluation. Sec. 204. Safety management system requirements for mobile offshore drilling units. Sec. 205. Gulf of Mexico long-term marine environmental monitoring and re- search program. Sec. 206. Use of oil spill liability trust fund for expenses of National Oceanic and Atmospheric Administration. Sec. 207. Notice to States of bulk oil transfers. Sec. 208. Coast Guard research and development. TITLE III—IMPROVING MARINE OIL SPILL RESPONSE CAPABILITIES Sec. 301. Prompt publication of oil spill information. Sec. 302. Coordination of Federal, State, and local activities with respect to oil spill surveys. VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 2352 IH TITLE I—IMPROVING MARINE 1 OIL SPILL PREVENTION CA- 2 PABILITIES 3 SEC. 101. COORDINATION BETWEEN NATIONAL OCEANIC 4 AND ATMOSPHERIC ADMINISTRATION, COAST 5 GUARD, AND DEPARTMENT OF THE INTERIOR 6 ON OIL SPILL MATTERS. 7 (a) OUTER CONTINENTAL SHELF LEASING PRO- 8 GRAM.—Section 18 of the Outer Continental Shelf Lands 9 Act (43 U.S.C. 1344) is amended— 10 (1) in subsection (c)— 11 (A) in paragraph (1), by striking ‘‘from 12 any interested Federal agency, including the 13 Attorney General’’ and inserting ‘‘from the 14 head of any interested Federal department or 15 agency, including the Secretary of Commerce, 16 the Secretary of the department in which the 17 Coast Guard is operating, and the Attorney 18 General’’; and 19 (B) in paragraph (3), by striking ‘‘Within 20 nine months after the date of the enactment of 21 this section, the Secretary shall submit a pro- 22 posed leasing program to the Congress, the At- 23 torney General,’’ and inserting ‘‘The Secretary 24 shall submit any proposed leasing program to 25 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 2352 IH the Congress, the head of each interested Fed- 1 eral department or agency described in para- 2 graph (1), the Attorney General,’’; 3 (2) in subsection (d)— 4 (A) in paragraph (1), by striking ‘‘pro- 5 posed leasing program,’’ in the first sentence 6 and all that follows through the end of the 7 paragraph and inserting ‘‘proposed leasing pro- 8 gram— 9 ‘‘(A) the Attorney General, after consulta- 10 tion with the Federal Trade Commission, may 11 submit comments on the anticipated effects of 12 the proposed program on competition; 13 ‘‘(B) the Secretary of Commerce may sub- 14 mit comments on the anticipated effects of the 15 proposed program on the human, marine, and 16 coastal environments, including the likelihood of 17 occurrence and potential severity of spills and 18 chronic pollution; 19 ‘‘(C) the Secretary of the department in 20 which the Coast Guard is operating may submit 21 comments on the adequacy of the response ca- 22 pabilities of the Federal Government for spills 23 and chronic pollution that may occur as a result 24 of the proposed program; and 25 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 5 •HR 2352 IH ‘‘(D) any State, local government, or other 1 person may submit comments and recommenda- 2 tions as to any aspect of the proposed pro- 3 gram.’’; 4 (B) in paragraph (2), by striking ‘‘Attor- 5 ney General’’ and inserting ‘‘Attorney General, 6 the Secretary of Commerce, the Secretary of 7 the department in which the Coast Guard is op- 8 erating,’’; and 9 (C) in paragraph (3), by striking ‘‘or after 10 eighteen months following the date of the enact- 11 ment of this section, whichever first occurs,’’; 12 (3) in subsection (e), by striking ‘‘He’’ and in- 13 serting ‘‘The Secretary’’; and 14 (4) in subsection (h)— 15 (A) by striking ‘‘nonpriviledged’’ and in- 16 serting ‘‘nonprivileged’’; 17 (B) by striking ‘‘he requests to assist him’’ 18 and inserting ‘‘the Secretary requests to assist 19 the Secretary’’; and 20 (C) by striking ‘‘he requests to assist him’’ 21 and inserting ‘‘the Secretary requests to assist 22 the Secretary’’. 23 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 6 •HR 2352 IH (b) ENVIRONMENTAL STUDIES.—Section 20(f) of the 1 Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) 2 is amended— 3 (1) by striking ‘‘In executing his’’ and inserting 4 ‘‘(1) IN GENERAL.—In executing the’’ and indenting 5 accordingly; and 6 (2) by adding at the end the following: 7 ‘‘(2) NATIONAL OCEANIC AND ATMOSPHERIC 8 ADMINISTRATION.— 9 ‘‘(A) IN GENERAL.—In addition to any 10 other requirement under law, the Secretary, be- 11 fore the approval of any program, lease, explo- 12 ration plan, or development and production 13 plan, shall consult with the Administrator of 14 the National Oceanic and Atmospheric Admin- 15 istration (referred to in this paragraph as the 16 ‘Administrator’) on any reasonably foreseeable 17 adverse effects of the proposed action, including 18 oil spills, on ocean and coastal resources. 19 ‘‘(B) INITIATION OF CONSULTATION.— 20 ‘‘(i) IN GENERAL.—The Secretary 21 shall consult the Administrator under sub- 22 paragraph (A) as soon as practicable, but 23 not later than 90 days before the date of 24 approval of the proposed action. 25 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 7 •HR 2352 IH ‘‘(ii) PROVISION OF INFORMATION.— 1 When consulting the Administrator under 2 subparagraph (A), the Secretary shall pro- 3 vide to the Administrator— 4 ‘‘(I) information describing the 5 nature, location, and duration of the 6 proposed action; and 7 ‘‘(II) a description of all reason- 8 ably foreseeable adverse effects on 9 ocean and coastal resources. 10 ‘‘(C) ALTERNATIVES.— 11 ‘‘(i) IN GENERAL.—At any time be- 12 fore the date that is 45 days before the ap- 13 proval of the proposed action, the Adminis- 14 trator may recommend to the Secretary al- 15 ternatives to any proposed action, includ- 16 ing measures that will prevent or minimize 17 reasonably foreseeable adverse effects on 18 ocean and coastal resources. 19 ‘‘(ii) SECRETARIAL ACTION.—The 20 Secretary shall incorporate into the ap- 21 proval for the proposed action any alter- 22 native or mitigation measure recommended 23 under clause (i), unless the Secretary— 24 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 8 •HR 2352 IH ‘‘(I) determines that the alter- 1 native or mitigation measure is not 2 necessary to prevent or minimize rea- 3 sonably foreseeable adverse effects on 4 marine and coastal resources; and 5 ‘‘(II) notifies the Administrator 6 in writing of the reasons for the deter- 7 mination under subclause (I).’’. 8 SEC. 102. STRENGTHENING COASTAL STATE OIL SPILL 9 PLANNING AND RESPONSE. 10 The Coastal Zone Management Act of 1972 (16 11 U.S.C. 1451 et seq.) is amended by adding at the end 12 the following: 13 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL 14 PLANNING AND RESPONSE. 15 ‘‘(a) GRANTS TO COASTAL STATES.—The Secretary 16 may make grants to eligible coastal States— 17 ‘‘(1) to revise management programs approved 18 under section 306 and National Estuarine Research 19 Reserves approved under section 315 to identify and 20 implement new enforceable policies and procedures 21 to ensure sufficient response capabilities at the State 22 level to address the environmental, economic, and so- 23 cial impacts of oil spills or other accidents resulting 24 from Outer Continental Shelf energy activities with 25 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 9 •HR 2352 IH the potential to affect land or water use or natural 1 resources of the coastal zone; and 2 ‘‘(2) to review and revise as necessary applica- 3 ble enforceable policies within approved coastal State 4 management programs affecting coastal energy ex- 5 ploration or development activities, including geologi- 6 cal and geophysical activities, to ensure that these 7 policies are consistent with— 8 ‘‘(A) other emergency response plans and 9 policies developed under Federal or State law to 10 address the impacts and accidents described in 11 paragraph (1); and 12 ‘‘(B) the new policies and procedures de- 13 veloped under paragraph (1). 14 ‘‘(b) ELEMENTS.—In developing new enforceable 15 policies and procedures with grants under subsection (a), 16 an eligible coastal State shall consider— 17 ‘‘(1) other existing emergency response plans 18 and policies developed under other Federal or State 19 law, to address the impacts and accidents described 20 in paragraph (1), that affect the coastal zone; 21 ‘‘(2) the identification of critical infrastructure 22 essential to facilitate oil spill or accident response 23 activities; 24 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 10 •HR 2352 IH ‘‘(3) the identification of coordination, logistics, 1 and communication networks between Federal and 2 State government agencies, and between State agen- 3 cies and affected local communities, to ensure the ef- 4 ficient and timely dissemination of data and other 5 information; 6 ‘‘(4) the inventories of shore locations and in- 7 frastructure and equipment necessary to respond to, 8 or monitor environmental impacts of, oil spills or 9 other accidents resulting from Outer Continental 10 Shelf energy activities; 11 ‘‘(5) the identification and characterization of 12 significant or sensitive marine ecosystems or other 13 areas possessing important conservation, rec- 14 reational, ecological, historic, economic, or aesthetic 15 values; 16 ‘‘(6) the inventories and surveys of shore loca- 17 tions and infrastructure capable of supporting alter- 18 native energy development; 19 ‘‘(7) the observation and data collection capa- 20 bilities necessary to assess ocean conditions before, 21 during, and after an oil spill or other adverse inci- 22 dent resulting from Outer Continental Shelf energy 23 activities; and 24 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 11 •HR 2352 IH ‘‘(8) other information or actions as may be 1 necessary to address the environmental, economic, 2 and social impacts of oil spills or other adverse inci- 3 dents resulting from Outer Continental Shelf energy 4 activities. 5 ‘‘(c) GUIDELINES.—Not later than 180 days after the 6 date of the enactment of the Marine Oil Spill Prevention 7 Act, the Secretary, after consultation with the coastal 8 States, shall publish guidelines for the application for and 9 use of grants under this section. 10 ‘‘(d) PARTICIPATION.—An eligible coastal State shall 11 develop new enforceable policies and procedures under this 12 section in accordance with section 306(d)(1) and amend 13 or modify any new enforceable policies or procedures in 14 accordance with section 306(e). 15 ‘‘(e) ANNUAL GRANTS.— 16 ‘‘(1) IN GENERAL.—For each of fiscal years 17 2022 through 2024, the Secretary may make a 18 grant to a coastal State to develop new enforceable 19 policies and procedures under this section. 20 ‘‘(2) GRANT AMOUNTS AND LIMIT ON 21 AWARDS.—The amount of any grant to any coastal 22 State under this section shall not exceed $750,000 23 for any fiscal year. 24 VerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352 khammond on DSKBBV9HB2PROD with BILLS 12 •HR 2352 IH ‘‘(3) NO STATE MATCHING CONTRIBUTION RE- 1 QUIRED.—A coastal State shall not be required to 2 contribute any portion of the cost of a grant award- 3 ed under this section. 4 ‘‘(4) TRANSFER OF FUNDS.—A coastal State 5 that receives a grant under this section may transfer 6 gran [Text truncated for display. 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