| Back to Title IV | Forward to Title VI |
SEC. 5001. OIL SPILL RECOVERY INSTITUTE.
(a) ESTABLISHMENT OF INSTITUTE.,The Secretary of Commerce shall
provide for the establishment of a Prince William Sound Oil Spill
Recovery Institute (hereinafter 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 subarctic
marine environment; and
(2) complement Federal and State damage assessment efforts and
determine, document, assess, and understand the long-range effects
of the EXXON VALDEZ oil spill on the natural resources of Prince
William Sound and its adjacent waters (as generally depicted on
the map entitled "EXXON VALDEZ oil spill dated March 1990"),
and the environment, the economy, and the lifestyle and well-being
of the people who are dependent on them, except that the Institute
shall not conduct studies or make recommendations on any matter
which is not directly related to the EXXON VALDEZ oil spill or
the effects thereof.
(c) Advisory Board.,
(1) IN GENERAL.,The policies of the Institute shall be determined
by an advisory board, composed of 18 member appointed as follows:
(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,
all of whom shall be State employees.
(B) One representative appointed by each of,
(i) the Secretaries of Commerce, the Interior, Agriculture,
Transportation, and the Navy; and
(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.
(C) 4 representatives appointed by the Secretary of Commerce
from among residents of 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. At least 2 of the representatives
shall be appointed from among residents of communities located
in Prince William Sound. The Secretary shall appoint residents
to serve terms of 2 years each, from a list of 8 qualified individuals
to be submitted by the Governor of the State of Alaska based on
recommendations made by the governing body of each affected community.
Each affected community may submit the names of 2 qualified individuals
for the Governor's consideration. No more than 5 of the 8 qualified
persons recommended by the Governor shall be members of the same
political party.
(D) 3 Alaska Natives who represent Native entities affected by
the EXXON VALDEZ oil spill, at least one of whom represents an
entity located in Prince William Sound, to serve terms of 2 years
each from a list of 6 qualified individuals submitted by the
Alaska Federation of Natives.
(E) One nonvoting representative of the Institute of Marine Science.
(F) One nonvoting representative appointed by the Prince William
Sound Science and technology Institute.
(2) CHAIRMAN.,The representative of the Secretary of Commerce
shall serve as Chairman of the Advisory Board.
(3) POLICIES.,Policies determined by the Advisory Board under
this subsection shall include policies for the conduct and support,
through contracts and grants awarded on a nationally competitive
basis, of research, projects, and studies to be supported by the
Institute in accordance with the purposes of this section.
(d) Scientific and Technical Committee.,
(1) IN GENERAL.,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 subarctic
marine ecology, and the living resources and socioeconomics of
Prince William Sound and its adjacent waters, from the University
of Alaska, the Institute of Marine Science, the Prince William
Sound Science and Technology Institute, and elsewhere in the academic
community.
(2) FUNCTIONS.,The Scientific and Technical Committee shall provide
such advice to the Advisory Board as the Advisory Board shall
request, including recommendations regarding the conduct and support
of research, projects, and studies in accordance with the purposes
of this section. The Advisory Board shall not request, and the
Committee shall not provide, any advice which is not directly
related to the EXXON VALDEZ oil spill or the effects thereof.
(e) DIRECTOR.,The Institute shall be administered by a Director
appointed by the Secretary of Commerce. The Prince William Sound
Science and Technology Institute, the Advisory Board, and the
Scientific and Technical Committee may each submit independent
recommendations for the Secretary's consideration for appointment
as Director. 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 may 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
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 and its administering agency
that are pertinent to the funds received and exp ended by the
Institute and its administering agency.
(h) STATUS OF EMPLOYEES.,Employees of the Institute shall not,
by reason of such employment, be considered to be employees o
the Federal Government for any purpose.
(i) TERMINATION.,The Institute shall terminate 10 years after
the date of the enactment of this Act.
(j) USE OF FUNDS.,All funds authorized for the Institute shall
be provided through the National Oceanic and atmospheric Administration.
No funds made available to carry out this section may be used
to initiate litigation. No funds made available to carry out this
section may be used for the acquisition of real property (including
buildings) or construction of any building. Nor more than 20 percent
of funds made available to carry out this section may be used
to lease necessary facilities and to administer the Institute.
None of the funds authorized by this section shall be used for
any purpose other than the functions specified in subsection (b).
(k) RESEARCH.,The Institute shall publish and make available to
any person upon request the results of all research, educational,
and demonstration projects conducted by the Institute. The Administrator
shall provide a copy of all research, educational, and demonstration
projects conducted by the Institute to the National Oceanic and
Atmospheric Administration.
(l) DEFINITIONS.,In this section, the term "Prince William
Sound and its adjacent waters" means such sound and waters
as generally depicted on the map entitled "EXXON VALDEZ oil
spill dated March 1990".
SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.
(a) SHORT TITLE AND FINDINGS.,
(1) SHORT TITLE.,This section may be cited as the "Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring
Act of 1990".
(2) FINDINGS.,The Congress finds that,
(A) the March 24, 1989, grounding and rupture of the fully
loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons
of crude oil in Prince William Sound, an environmentally sensitive
area;
(B) 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;
(C) one way to combat this complacency is to involve local
citizens in the process of preparing, adopting, and revising oil
spill contingency plans;
(D) 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;
(E) such a mechanism presently exists at the Sullom Voe terminal
in the Shetland Islands and this terminal should serve as a model
for others;
(F) because of the effective partnership that has developed at
Sullom Voe, Sullom Voe is considered the safest terminal in Europe;
(G) 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;
(H) 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;
(I) a pilot program patterned after Sullom Voe should be established
in Alaska to further refine the concepts and relationships involved;
and
(J) 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.
(b) DEMONSTRATION PROGRAMS.,
(1) ESTABLISHMENT.,There are established 2 Oil Terminal and
Oil Tanker Environmental Oversight and Monitoring Demonstration
Programs (hereinafter referred to as "Programs") to
be carried out in the State of Alaska.
(2) ADVISORY FUNCTION.,The function of these Programs shall be
advisory only.
(3) PURPOSE.,The Prince William Sound Program shall be responsible
for environmental monitoring of the terminal facilities in Prince
William Sound and the crude oil tankers operating in Prince William
Sound. The Cook Inlet Program shall be responsible for environmental
monitoring of the terminal facilities and crude oil tankers operatin
g in Cook Inlet located South of the latitude at Point Possession
and North of the latitude at Amatuli Island, including offshore
facilities in Cook Inlet.
(4) SUITS BARRED.,No program, association, council, committee
or other organization created by this section may sue any person
or entity, public or private, concerning any matter arising under
this section except for the performance of contracts.
(c) OIL TERMINAL FACILITIES AND OIL TANKER OPERATIONS ASSOCIATION.,
(1) ESTABLISHMENT.,There is established an Oil Terminal Facilities
and Oil Tanker Operations Association (hereinafter in this section
referred to as the "Association") for each of the Programs
established under subsection (b).
(2) MEMBERSHIP.,Each Association shall be comprised of 4 individuals
as follows:
(A) One individual shall be designated by the owners and operators
of the terminal facilities and shall represent those owners and
operators.
(B) One individual shall be designated by the owners and operators
of the crude oil tankers calling at the terminal facilities and
shall represent those owners and operators.
(C) 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.
(D) One individual shall be an employee of the Federal Government,
shall be designated by the President, and shall represent the
Federal Government.
(3) RESPONSIBILITIES.,Each Association shall be responsible
for reviewing policies relating to the operation and maintenance
of the oil terminal facilities and crude oil tankers which affect
or may affect the environment in the vicinity of their respective
terminals. Each Association shall provide a forum among the owners
and operators of the terminal facilities, the owners and operators
of crude oil tankers calling at those facilities, the United States,
and the State of Alaska to discuss and to make recommendations
concerning 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 and of crude oil tankers calling at those facilities.
(4) DESIGNATION OF EXISTING ORGANIZATION.,The Secretary may designate
an existing nonprofit organization as an Association under this
subsection if the organization is organized to meet the purposes
of this section and consists of at least the individuals listed
in paragraph (2).
(d) REGIONAL CITIZENS' ADVISORY COUNCILS.,
(1) MEMBERSHIP.,There is established a Regional Citizens' Advisory
Council (hereinafter in this section referred to as the "Council")
for each of the programs established by subsection (b).
(2) MEMBERSHIP.,Each Council shall be composed of voting members
and non-voting members, as follows:
(A) VOTING MEMBERS.,Voting members shall be Alaska residents
and, except as provided in clause (vii) of this paragraph, shall
be appointed by the Governor of the State of Alaska from a list
of nominees provided by each of the following interests, with
one representative appointed to represent each of the following
interests, taking into consideration the need for regional balance
on the Council:
(i) Local commercial fishing industry organizations, the
members of which depend on the fisheries resources of the waters
in the vicinity of the terminal facilities.
(ii) Aquaculture associations in the vicinity of the terminal
facilities.
(iii) Alaska Native Corporations and other Alaska Native organizations
the members of which reside in the vicinity of the terminal facilities.
(iv) Environmental organizations the members of which reside
in the vicinity of the terminal facilities.
(v) Recreational organizations the members of which reside in
or use the vicinity of the terminal facilities.
(vi) The Alaska State Chamber of Commerce, to represent the locally
based tourist industry.
(vii) (I) For the Prince William Sound Terminal Facilities Council,
one representative selected by each of the following municipalities:
Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough,
and the Kenai Peninsula Borough.
(II) For the Cook Inlet Terminal Facilities Council, one representative
selected by each of the following municipalities: Homer, Seldovia,
Anchor age, Kenai, Kodiak, the Kodiak Island Borough, and
the Kenai Peninsula Borough.
(B) NONVOTING MEMBERS.,One ex-officio, nonvoting representative
shall be designated by, and represent, each of the following:
(i) The Environmental Protection Agency.
(ii) The Coast Guard.
(iii) The National Oceanic and Atmospheric Administration.
(iv) The United States Forest Service.
(v) The Bureau of Land Management.
(vi) The Alaska Department of Environmental Conservation.
(vii) The Alaska Department of Fish and Game.
(viii) The Alaska Department of Natural Resources.
(ix) The Division of Emergency Services, Alaska Department of
Military and Veterans Affairs.
(3) TERMS.,
(A) DURATION OF COUNCILS.,The term of the Councils shall continue
throughout the life of the operation of the Trans-Alaska Pipeline
System and so long as oil is transported to or from Cook Inlet.
(B) THREE YEARS.,The voting members of each Council shall be appointed
for a term of 3 years except as provided for in subparagraph (C).
(C) INITIAL APPOINTMENTS.,The terms of the first appointments
shall be as follows:
(i) For the appointments by the Governor of the State of
Alaska, one-third shall serve for 3 years, one-third shall serve
for 2 years, and one-third shall serve for one year.
(ii) For the representatives of municipalities required by subsection
(d)(2)(A)(vii), a drawing of lots among the appointees shall determine
that one-third of that group serves for 3 years, one-third serves
for 2 years, and the remainder serves for 1 year.
(4) SELF-GOVERNING.,Each Council shall elect its own chairperson,
select its own staff, and make policies with regard to its internal
operating procedures. After the initial organizational meeting
called by the Secretary under subsection (i), each Council shall
be self-governing.
(5) DUAL MEMBERSHIP AND CONFLICTS OF INTEREST PROHIBITED.,(A)
No individual selected as a member of the Council shall serve
on the Association.
(B) No individual selected as a voting member of the Council
shall be engaged in any activity which might conflict with such
individual carrying out his functions as a member thereof.
(6) DUTIES.,Each Council shall,
(A) provide advice and recommendations to the Association
on policies, permits, and site-specific regulations relating to
the operation and maintenance of terminal facilities and crude
oil tankers which affect or may affect the environment in the
vicinity of the terminal facilities;
(B) monitor through the committee established under subsection
(e), the environmental impacts of the operation of the terminal
facilities and crude oil tankers;
(C) monitor those aspects of terminal facilities' and crude oil
tankers' operations and maintenance which affect or may affect
the environment in the vicinity of the terminal facilities;
(D) review through the committee established under subsection
(f), the adequacy of oil spill prevention and contingency plans
for the terminal facilities and the adequacy of oil spill prevention
and contingency plans for crude oil tankers, operating in Prince
William Sound or in Cook Inlet;
(E) provide advice and recommendations to the Association on port
operations, policies and practices;
(F) recommend to the Association,
(i) standards and stipulations for permits and site-specific
regulations intended to minimize the impact of the terminal facilities'
and crude oil tankers' operations in the vicinity of the terminal
facilities;
(ii) modifications of terminal facility operations and maintenance
intended to minimize the risk and mitigate the impact of terminal
facilities, operations in the vicinity of the terminal facilities
and to minimize the risk of oil spills;
(iii) modifications of crude oil tanker operations and maintenance
in Prince William Sound and Cook Inlet intended to minimize the
risk and mitigate the impact of oil spills; and
(iv) modifications to the oil spill prevention and contingency
plans for terminal facilities and for crude oil tankers in Prince
William Sound and Cook Inlet intended to enhance the ability to
prevent and respond to an oil spill; and
(G) create additional committees of the Council as necessary
to carry out the above functions, including a scientific and technical
advisory committee to the Prince William Sound Council.
(7) NO ESTOPPEL.,No Council shall be held liable under State
or Federal law for costs or damages as a result of rendering advice
under this section. Nor shall any advice given by a voting member
of a Council, or program representative or agent, be grounds for
estopping the interests represented by the voting Council members
from seeking damages or other appropriate relief.
(8) SCIENTIFIC WORK.,In carrying out its research, development
and monitoring functions, each Council is authorized to conduct
its own scientific research and shall review the scientific work
undertaken by or on behalf of the terminal operators or crude
oil tanker operators as a result of a legal requirement to undertake
that work. Each Council shall also review the relevant scientific
work undertaken by or on behalf of any government entity relating
to the terminal facilities or crude oil tankers. To the extent
possible, to avoid unnecessary duplication, each Council shall
coordinate its independent scientific work with the scientific
work performed by or on behalf of the terminal operators and with
the scientific work performed by or on behalf of the operators
of the crude oil tankers.
(e) COMMITTEE FOR TERMINAL AND OIL TANKER OPERATIONS AND ENVIRONMENTAL
MONITORING.,
(1) MONITORING COMMITTEE.,Each Council shall establish a standing
Terminal and Oil Tanker Operations and Environmental Monitoring
Committee (hereinafter in this section referred to as the "Monitoring
Committee") to devise and manage a comprehensive program
of monitoring the environmental impacts of the operations of terminal
facilities and of crude oil tankers while operating in Prince
William Sound and Cook Inlet. The membership of the Monitoring
Committee shall be made up of members of the Council, citizens,
and recognized scientific experts selected by the Council.
(2) DUTIES.,In fulfilling its responsibilities, the Monitoring
Committee shall,
(A) advise the Council on a monitoring strategy that will
permit early detection of environmental impacts of terminal facility
operations and crude oil tanker operations while in Prince William
Sound and Cook Inlet;
(B) develop monitoring programs and make recommendations to
the Council on the implementation of those programs;
(C) at its discretion, 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;
(D) complete any other tasks assigned by the Council; and
(E) provide written reports to the Council which interpret and
assess the results of all monitoring programs.
(f) COMMITTEE FOR OIL SPILL PREVENTION, SAFETY, AND EMERGENCY
RESPONSE.,
(1) TECHNICAL OIL SPILL COMMITTEE.,Each Council shall establish
a standing technical committee (hereinafter referred to as "Oil
Spill Committee") to review and assess measures designed
to prevent oil spills and the planning and preparedness for responding
to, containing, cleaning up, and mitigating impacts of oil spills.
The membership of the Oil Spill Committee shall be made up of
members of the Council, citizens, and recognized technical experts
selected by the Council.
(2) DUTIES.,In fulfilling its responsibilities, the Oil Spill
Committee shall,
(A) periodically review the respective oil spill prevention
and contingency plans for the terminal facilities and for the
crude oil tankers while in Prince William Sound or Cook Inlet,
in light of new technological developments and changed circumstances;
(B) monitor periodic drills and testing of the oil spill contingency
plans for the terminal facilities and for crude oil tankers while
in Prince William Sound and Cook Inlet;
(C) study wind and water currents and other environmental factors
in the vicinity of the terminal facilities which may affect the
ability to prevent, respond to, contain, and clean up an oil spill;
(D) identify highly sensitive areas which may require specific
protective measures in the event of a spill in Prince William
Sound or Cook Inlet;
(E) monitor developments in oil spill prevention, containment,
response, and cleanup technology;
(F) periodically review port organization, operations, incidents,
and the adequacy and maintenance of vessel traffic service systems
designed to assure safe transit of crude oil tankers pertinent
to terminal operations;
(G) periodically review the standards for tankers bound for, loading
at, exiting from, or otherwise using the terminal facilities;
(H) complete any other tasks assigned by the Council; and
(I) provide written reports to the Council outlining its findings
and recommendations.
(g) AGENCY COOPERATION.,On and after the expiration of the 180-day
period following the date of the enactment of this section, 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 vicinity of the terminal facilities,
consult with the appropriate Council prior to taking substantive
action with respect to the permit, site-specific regulation, or
other matter. This consultation shall be carried out with a view
to enabling the appropriate Association and Council to review
the permit, site-specific regulation, or other matters and make
appropriate recommendations regarding operations, policy or agency
actions. Prior consultation shall not be required if an authorized
Federal agency representative reasonably believes that an emergency
exists requiring action without delay.
(h) RECOMMENDATIONS OF THE COUNCIL.,In the event that the Association
does not adopt, or significantly modifies before adoption, any
recommendation of the Council made pursuant to the authority granted
to the Council in subsection (d), the Association shall provide
to the Council, in writing, within 5 days of its decision, notice
of its decision and a written statement of reasons for its rejection
or significant modification of the recommendation.
(i) ADMINISTRATIVE ACTIONS.,Appointments, designations, and selections
of individuals to serve as members of the Associations and Councils
under this section shall be submitted to the Secretary prior to
the expiration of the 120-day period following the date of the
enactment of this section. On or before the expiration of the
180-day period following that date of enactment of this section,
the Secretary shall call an initial mee ting of each Association
and Council for organizational purposes.
(j) LOCATION AND COMPENSATION.,
(1) LOCATION.,Each Association and Council established by this
section shall be located in the State of Alaska.
(2) COMPENSATION.,No member of an Association or Council shall
be compensated for the member's services as a member of the Association
or Council, but shall be allowed travel expenses, including per
diem in lieu of subsistence, at a rate established by the Association
or Council not to exceed the rates authorized for employees of
agencies under sections 5702 and 5703 of title 5, United States
Code. However, each Council may enter into contracts to provide
compensation and expenses to members of the committees created
under subsections (d), (e), and (f).
(k) FUNDING.,
(1) REQUIREMENT.,Approval of the contingency plans required
of owners and operators of the Cook Inlet and Prince William Sound
terminal facilities and crude oil tankers while operating in Alaskan
waters in commerce with those terminal facilities shall be effective
only so long as the respective Association and Council for a facility
are funded pursuant to paragraph (2).
(2) PRINCE WILLIAM SOUND PROGRAM.,The owners or operators of terminal
facilities or crude oil tankers operating in Prince William Sound
shall provide, on an annual basis, an aggregate amount of not
more $2,000,000, as determined by the Secretary. Such amount,
(A) shall provide for the establishment and operation of the
environmental oversight and monitoring program in Prince William
Sound;
(B) shall be adjusted annually by the Anchorage Consumer Price
Index; and
(C) may be adjusted periodically upon the mutual consent of the
owners or operators of terminal facilities or crude oil tankers
operating in Prince William Sound and the Prince William Sound
terminal facilities Council.
(3) COOK INLET PROGRAM.,The owners or operators of terminal
facilities, offshore facilities, or crude oil tankers operating
in Cook Inlet shall provide, on an annual basis, an aggregate
amount of not more than $l,000,000, as determined by the Secretary.
Such amount,
(A) shall provide for the establishment and operation of the
environmental oversight and monitoring program in Cook Inlet;
(B) shall be adjusted annually by the Anchorage Consumer Price
Index; and
(C) may be adjusted periodically upon the mutual consent of the
owners or operators of terminal facilities offshore facilities,
or crude oil tankers operating in Cook Inlet and the Cook Inlet
Council.
(l) REPORTS.,
(1) ASSOCIATIONS AND COUNCILS.,Prior to the expiration of the
36-month period following the date of the enactment of this section,
each Association and Council established by this section shall
report to the President and the Congress concerning its activities
under this section, together with its recommendations.
(2) GAO.,Prior to the expiration of the 36-month period following
the date of the enactment of this section, the General Accounting
Office shall report to the President and the Congress as to the
handling of funds, including donated funds, by the entities carrying
out the programs under this section, and the effectiveness of
the demonstration programs carried out under this section, together
with its recommendations.
(m) DEFINITIONS.,As used in this section, the term,
(1) "terminal facilities" means,
(A) in the case of the Prince William Sound Program, the entire
oil terminal complex located in Valdez, Alaska, consisting of
approximately 1,000 acres including all buildings, docks (except
docks owned by the City of Valdez if those docks are not used
for loading of crude oil), pipes, piping, roads, ponds, tanks,
crude oil tankers only while at the terminal dock, tanker escorts
owned or operated by the operator of the terminal, vehicles, and
other facilities associated with, and necessary for, assisting
tanker movement of crude oil into and out of the oil terminal
complex; and
(B) in the case of the Cook Inlet Program, the entire oil terminal
complex including all buildings, docks, pipes, piping, roads,
ponds, tanks, vessels, vehicles, crude oil tankers only while
at the terminal dock, tanker escorts owned or operated by the
operator of the terminal, emergency spill response vessels owned
or operated by the operator of the termi nal, and other facilities
associated with, and necessary for, assisting tanker movement
of crude oil into and out of the oil terminal complex;
(2) "crude oil tanker" means a tanker (as that term
is defined under section 2101 of title 46, United States Code),
(A) in the case of the Prince William Sound Program, calling
at the terminal facilities for the purpose of receiving and transporting
oil to refineries, operating north of Middleston Island and bound
for or exiting from Prince William Sound; and
(B) in the case of the Cook Inlet Program, calling at the terminal
facilities for the purpose of receiving and transporting oil to
refineries and operating in Cook Inlet and the Gulf of Alaska
north of Amatuli Island, including tankers transiting to Cook
Inlet from Prince William Sound;
(3) "vicinity of the terminal facilities" means that
geographical area surrounding the environment of terminal facilities
which is directly affected or may be directly affected by the
operation of the terminal facilities; and
(4) "Secretary" means the Secretary of Transportation.
(n) SAVINGS CLAUSE.,
(1) REGULATORY AUTHORITY.,Nothing in this section shall be construed
as modifying, repealing, superseding, or preempting any municipal,
State or Federal law or regulation, or in any way affecting litigation
arising from oil spills or the rights and responsibilities of
the United States or the State of Alaska, or municipalities thereof,
to preserve and protect the environment through regulation of
land, air, and water uses, of safety, and of related development.
The monitoring provided for by this section shall be designed
to help assure compliance with applicable laws and regulations
and shall only extend to activities,
(A) that would affect or have the potential to affect the
vicinity of the terminal facilities and the area of crude oil
tanker operations included in the Programs; and
(B) are subject to the United States or State of Alaska, or municipality
thereof, law, regulation, or other legal requirement.
(2) RECOMMENDATIONS.,This subsection is not intended to prevent
the Association or Council from recommending to appropriate authorities
that existing legal requirements should be modified or that new
legal requirements should be adopted.
(o) ALTERNATIVE VOLUNTARY ADVISORY GROUP IN LIEU OF COUNCIL.,The
requirements of subsections (c) through (l), as such subsections
apply respectively to the Prince William Sound Program and the
Cook Inlet Program, are deemed to have been satisfied so long
as the following conditions are met:
(1) PRINCE WILLIAM SOUND.,With respect to the Prince William
Sound Program, the Alyeska Pipeline Service Company or any of
its owner companies enters into a contract for the duration of
the operation of the Trans-Alaska Pipeline System with the Alyeska
Citizens Advisory Committee in existence on the date of enactment
of this section, or a successor organization, to fund that Committee
or organization on an annual basis in the amount provided for
by subsection (k)(2)(A) and the President annually certifies that
the Committee or organization fosters the general goals and purposes
of this section and is broadly representative of the communities
and interests in the vicinity of the terminal facilities and Prince
William Sound.
(2) COOK INLET.,With respect to the Cook Inlet Program, the terminal
facilities, offshore facilities, or crude oil tanker owners and
operators enter into a contract with a voluntary advisory organization
to fund that organization on an annual basis and the President
annually certifies that the organization fosters the general goals
and purposes of this section and is broadly representative of
the communities and interests in the vicinity of the terminal
facilities and Cook Inlet.
SEC. 5003. BLIGH REEF LIGHT.
The Secretary of Transportation shall within one year after the
date of the enactment of this title 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 long-range warning of the location of Bligh Reef.
SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM.
The Secretary of Transportation shall within one year after the
date of the enactment of this title,
(1) acquire, install, and operate such additional equipment
(which may consist of radar, closed circuit television, satellite
tracking systems, or other 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 tank vessels carrying oil from the Trans-Alaska
Pipeline when such vessels are transiting Prince William Sound,
Alaska, and to 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 of tank vessel movements
in Prince William Sound by Coast Guard personnel using the Port
of Valdez, Alaska, VTS system, as modified pursuant to paragraph
(1).
SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK
VESSEL AND FACILITY RESPONSE PLANS.
(a) IN GENERAL.,In addition to the requirements for response plans
for vessels established by section 311(j) of the Federal Water
Pollution Control Act, as amended by this Act, a response plan
for a tank vessel operating on Prince William Sound, or a facility
permitted under the Trans-Alaska Pipeline Authorization Act (43
U.S.C. 1651 et seq.),,
(1) prepositioned oil spill containment and removal equipment
in communities and other strategic locations within the geographic
boundaries of Prince William Sound, including escort vessels with
skimming capability; barges to receive recovered oil; heavy duty
sea boom, pumping, transferring, and lightering equipment; and
other appropriate removal equipment for the protection of the
environment, including fish hatcheries;
(2) the establishment of an oil spill removal organization at
appropriate locations in Prince William Sound, consisting of trained
personnel in sufficient numbers to immediately remove, to the
maximum extent practicable, a worst case discharge or a discharge
of 200,000 barrels of oil , whichever is greater;
(3) training in oil removal techniques for local residents and
individuals engaged in the cultivation or production of fish or
fish products in Prince William Sound;
(4) practice exercises not less than 2 times per year which test
the capacity of the equipment and personnel required under this
paragraph; and
(5) periodic testing and certification of equipment required under
this paragraph, as required by the Secretary.
(b) DEFINITIONS.,In this section,
(1) the term "Prince William Sound" means all State
and Federal waters within Prince William Sound, Alaska, including
the approach to Hinchenbrook Entrance out to and encompassing
Seal Rocks; and
(2) the term "worst case discharge" means,
(A) in the case of a vessel, a discharge in adverse weather
conditions of its entire cargo; and
(B) in the case of a facility, the largest foreseeable discharge
in adverse weather conditions.