H.R.2158 - Prince William Sound Oil Spill Response Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Young, Don [R-AK-At Large] (Introduced 04/27/1989)|
|Committees:||House - Merchant Marine and Fisheries; Public Works and Transportation|
|Committee Reports:||H.Rept 101-200 Part 1|
|Latest Action:||11/09/1989 See H.R.1465. (All Actions)|
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Text: H.R.2158 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 2158 IH 101st CONGRESS 1st Session H. R. 2158 To provide better maritime safety for Prince William Sound, Alaska, and for other purposes. IN THE HOUSE OF REPRESENTATIVES April 27, 1989 Mr. YOUNG of Alaska (for himself, Mr. ANDERSON and Mr. WELDON) introduced the following bill; which was referred jointly to the Committees on Merchant Marine and Fisheries and Public Works and Transportation A BILL To provide better maritime safety for Prince William Sound, Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Prince William Sound Oil Spill Response Act of 1989'. SEC. 2. FINDINGS. Congress finds that-- (1) the oil spill resulting from the grounding of the T/V Exxon Valdez on March 24, 1989, in Prince William Sound, Alaska, is an economic and ecological disaster of major proportions; (2) the subsequent response and cleanup efforts have been hindered by lack of centralized authority; (3) the oil spill contingency plan currently approved for Prince William Sound, Alaska, is wholly inadequate; (4) existing law governing oil spill response, prepositioning of cleanup equipment, and granting of mariners' licenses applicable to Prince William Sound, Alaska, must be changed as a result of the T/V Exxon Valdez spill; (5) insufficient funds are available for living marine resource environmental damage assessment, environmental monitoring, and oil spill cleanup research and development for marine spills that affect living marine resources and marine transportation; and (6) immediate remedial action must be taken to resolve problems identified after the T/V Exxon Valdez oil spill and the subsequent response. SEC. 3. DEFINITION OF ARCTIC WATERS. (1) For the purposes of this Act, the term `Arctic waters' means the navigable waters of the United States within the State of Alaska and the waters of the exclusive economic zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, adjacent to the State of Alaska. TITLE I--OIL SPILL PREVENTION AND RESPONSE SEC. 101. COAST GUARD AUTHORITY. (a) In the event of an unlawful discharge or release of oil into or upon Arctic waters or adjoining shorelines, the Secretary of the Department in which the Coast Guard is operating shall take all necessary and proper actions to remove the oil and mitigate damage to the living marine resources in those waters. (b) This section does not relieve the party responsible for the unlawful discharge or release of oil from liability under this or any other law. SEC. 102. TANK VESSEL REQUIREMENTS. (a) Within sixty days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall, by regulation under section 3703(3) of title 46, United States Code: (1) require tank vessels transporting oil from the Trans-Alaska Pipeline within Prince William Sound, Alaska, to be escorted by at least one towing vessel (as defined under section 2101 of title 46, United States Code) or other vessel considered appropriate by the Secretary; (2) in addition to the requirements of section 8502 of title 46, United States Code, require the use of an additional pilot licensed by the State of Alaska for all tank vessels navigating between the Port of Valdez, Alaska, and a point in Prince William Sound, Alaska, south of Bligh Reef; and (3) require a tank vessel operating in Prince William Sound, Alaska, to carry equipment or materials sufficient to minimize the damage to the coastal and marine environment and repond quickly in the event of an oil spill, including: (A) sufficient heavy-duty oil boom and deployment capability to encircle the vessel at one hundred yards or more; (B) materials or other equipment to control oil leakage from the vessel; and (C) pumps or other necessary equipment. SEC. 103. RADAR COVERAGE. Not later than January 1, 1990, the Secretary of the department in which the Coast Guard is operating shall prepare a plan to modify radar coverage of Prince William Sound, Alaska. The plan shall include construction of new radar sites to cover all of the Vessel Traffic System within Prince William Sound, a review of existing radar surveillance programs to ensure constant contact with vessel traffic when necessary, and a review of radar maintenance policies to ensure that the System is maintained at or above accepted industry standards. SEC. 104. EQUIPMENT AND PERSONNEL REQUIREMENTS. Within sixty days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue regulations for Prince William Sound, Alaska, to-- (1) require the prepositioning of oil spill containment and cleanup equipment in the Port of Valdez, the City of Cordova, and other locations within the geographic boundaries of Prince William Sound, Alaska, including escort vessels with skimming capability, barges to receive recovered oil, heavy duty sea boom, pumping, transferring, lightering equipment and other appropriate recovery equipment for protection of the coastal and marine environment, including fish hatcheries; (2) require the person in charge of the Port of Valdez to provide adequate reception facilities, or ensure that the facilities are available, for receiving oil removed from the waters of Prince William Sound, Alaska; (3) establish an oil spill response team at Cordova, Tatitlek, Chenega, or other appropriate locations in Prince William Sound, Alaska, consisting of trained personnel in sufficient numbers to provide an immediate response to a spill of two hundred thousand barrels of oil; (4) conduct periodic oil spill response exercises, including the practice and training of the response team with the prepositioned equipment not less than two times per year; and (5) provide training in oil spill containment and recovery techniques for individuals engaged in the cultivation or production of fish or fish products in Prince William Sound, Alaska. TITLE II--SANCTIONS SEC. 201. REVOCATION. Title 14, United States Code, is amended by-- (1) adding a new section 7706 to read as follows: `Sec. 7706. Alcohol as grounds for revocation in Prince William Sound, Alaska `(a) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within ten years before the beginning of the proceedings, has been convicted of violating an alcohol-related law of the United States or of a State, the license, certificate, document shall be revoked. `(b) If it is shown that a holder has been addicted to alcohol, the license, certificate of registry, or merchant mariner's document shall be revoked unless the holder provides satisfactory proof that the holder has controlled the holder's addiction.'. (2) amending the analysis of chapter 77 by adding at the end the following new item 7706: `7706. Alcohol as grounds for revocation in Prince William Sound, Alaska.'. SEC. 202. PENALTY RECOMMENDATION. Not later than October 1, 1989, the Secretary of the department in which the Coast Guard is operating shall report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the adequacy of civil penalties for violations of existing laws governing the operation of a tank vessel by an individual under the influence of alcohol, and any proposals for changes in, or additions to, those laws. TITLE III--ENVIRONMENTAL MONITORING AND RESEARCH AND DEVELOPMENT IN PRINCE WILLIAM SOUND SEC. 301. LIVING MARINE RESOURCE ENVIRONMENTAL MONITORING. (a) Out of sums appropriated for each of fiscal years 1990, 1991, and 1992, the Under Secretary for Oceans and Atmosphere of the Department of Commerce shall expend at least $5,000,000 in each fiscal year to conduct living marine resource damage assessments and to monitor the short- and long-term environmental effects on living marine resources in Arctic waters due to the oil spill that occurred as a result of the grounding of the T/V Exxon Valdez in Prince William Sound, Alaska, on March 24, 1989. (b) The Secretary of Commerce shall, whenever possible, recover the sums expended under subsection (a) from the owner or operator of the T/V Exxon Valdez. These sums shall be credited to the appropriations of the National Oceanic and Atmospheric Administration. SEC. 302. MARITIME RESEARCH AND DEVELOPMENT. There is authorized to be appropriated for fiscal year 1990-- (1) to the Coast Guard, $5,000,000 to conduct research on and develop techniques, methods, hardware, and systems which directly contribute to the ability of the Coast Guard to respond to oil spills in Arctic waters; and (2) to the Maritime Administration, $3,000,000 to conduct technical and program studies on the safety of tank vessels operating in Arctic waters. TITLE IV--PLANS AND RECOMMENDATIONS SEC. 401. SECRETARIAL REPORT. Not later than October 1, 1989, after providing a thirty-day public comment period, the Secretary of the department in which the Coast Guard is operating shall report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on-- (1) actions taken by the Secretary to correct inadequacies of existing contingency plans for Prince William Sound, Alaska; (2) a list of oil pollution exercises conducted in the Port of Valdez and Prince William Sound, Alaska, during the operation of the Trans-Alaska Pipeline; (3) any recommendations for changes in existing laws or plans to provide for prompt and efficient response to oil spills in Prince William Sound, Alaska, including use of oil dispersants, burning, and the best commercially available oil coagulants and oil spill containment and recovery equipment; and (4) any other matter the Secretary considers important regarding oil spills in Prince William Sound, Alaska, including faster approval by State or Federal agencies of oil spill response technology.