,,ii #aaeth ,,congress #ast ,session ,s4 #gd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #i1 #bjag,mr4 ,nelson introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the ability of the ,national ,oceanic and ,atmospheric ,administration1 the ,coast ,guard1 and coastal ,states to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness1 prevention1 response1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,marine ,oil ,spill ,prevention ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,improving marine oil spill prevention capabilities ,sec4 #aja4 ,coordination between ,national ,oceanic and ,atmospheric ,administration1 ,coast ,guard1 and ,department of the ,interior on oil spill matters4 ,sec4 #ajb4 ,strengthening coastal ,state oil spill planning and response4 ,sec4 #ajc4 ,moratorium on commercial industrial activity in certain areas of ,gulf of ,mexico4 ,sec4 #ajd4 ,coast ,guard inspections4 ,sec4 #aje4 ,navigational measures for protection of natural resources4 ,sec4 #ajf4 ,gulf of ,mexico ,regional ,citizens' ,advisory ,council4 ,sec4 #ajg4 ,vessel as responsible party4 ,sec4 #ajh4 ,transportation and commerce aspects of outer continental shelf lands4 ,,title ,,ii--,improving marine oil spill preparedness ,sec4 #bja4 ,improvements to ,national ,oceanic and ,atmospheric ,administration oil spill response1 containment1 and prevention4 ,sec4 #bjb4 ,coast ,guard response plan requirements4 ,sec4 #bjc4 ,oil spill technology evaluation4 ,sec4 #bjd4 ,safety management system requirements for mobile offshore drilling units4 ,sec4 #bje4 ,gulf of ,mexico long-term marine environmental monitoring and research program4 ,sec4 #bjf4 ,use of oil spill liability trust fund for expenses of ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #bjg4 ,notice to ,states of bulk oil transfers4 ,sec4 #bjh4 ,coast ,guard research and development4 ,,title ,,iii--,improving marine oil spill response capabilities ,sec4 #cja4 ,prompt publication of oil spill information4 ,sec4 #cjb4 ,coordination of ,federal1 ,state1 and local activities with respect to oil spill surveys4 ,i ,improving marine oil spill prevention capabilities #aja4 ,coordination between ,national ,oceanic and ,atmospheric ,administration1 ,coast ,guard1 and ,department of the ,interior on oil spill matters 7a7 ,outer ,continental ,shelf ,leasing ,program ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking from any interested ,federal agency1 including the ,attorney ,general and inserting from the head of any interested ,federal department or agency1 including the ,secretary of ,commerce1 the ,secretary of the department in which the ,coast ,guard is operating1 and the ,attorney ,general2 and 7,b7 in paragraph 7#c71 by striking ,within nine months after the date of enactment of this section the ,secretary shall submit a proposed leasing program to the ,congress1 the ,attorney ,general1 and inserting ,the ,secretary shall submit any proposed leasing program to the ,congress1 the head of each interested ,federal department or agency described in paragraph 7#a71 the ,attorney ,general12 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking proposed leasing program1 in the first sentence and all that follows through the end of the paragraph and inserting proposed leasing program-- 7,a7 the ,attorney ,general1 after consultation with the ,federal ,trade ,commission1 may submit comments on the anticipated effects of the proposed program on competition2 7,b7 the ,secretary of ,commerce may submit comments on the anticipated effects of the proposed program on the human1 marine1 and coastal environments1 including the likelihood of occurrence and potential severity of spills and chronic pollution2 7,c7 the ,secretary of the department in which the ,coast ,guard is operating may submit comments on the adequacy of the response capabilities of the ,federal ,government for spills and chronic pollution that may occur as a result of the proposed program2 and 7,d7 any ,state1 local government1 or other person may submit comments and recommendations as to any aspect of the proposed program4 2 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,attorney ,general1 the ,secretary of ,commerce1 the ,secretary of the department in which the ,coast ,guard is operating12 and 7,c7 in paragraph 7#c71 by striking or after eighteen months following the date of enactment of this section1 whichever first occurs12 7#c7 in subsection 7e71 by striking ,he and inserting ,the ,secretary2 and 7#d7 in subsection 7h7-- 7,a7 by striking nonpriviledged and inserting nonprivileged2 7,b7 by striking he requests to assist him and inserting the ,secretary request to assist the ,secretary2 and 7,c7 by striking he requests to assist him and inserting the ,secretary requests to assist the ,secretary4 7b7 ,environmental studies ,section #bj7;f7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdf7;f77 is amended-- 7#a7 by striking ,in executing his and inserting 7#a7 ,in general4--,in executing the and indenting accordingly2 and 7#b7 by adding at the end the following3 7#b7 ,national ,oceanic and ,atmospheric ,administration 7,a7 ,in general ,in addition to any other requirement under law1 the ,secretary1 prior to the approval of any program1 lease1 exploration plan1 or development and production plan1 shall consult with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7referred to in this paragraph as the ,administrator7 on any reasonably foreseeable adverse effects of the proposed action1 including oil spills1 to ocean and coastal resources4 7,b7 ,initiation of consultation 7i7 ,in general ,the ,secretary shall consult the ,administrator under subparagraph 7,a7 as soon as practicable1 but not later than #ij days before the date of approval of the proposed action4 7ii7 ,provision of information ,when consulting the ,administrator under subparagraph 7,a71 the ,secretary shall provide to the ,administrator-- 7,i7 information describing the nature1 location1 and duration of the proposed action2 and 7,,ii7 a description of all reasonably foreseeable adverse effects to ocean and coastal resources4 7,c7 ,alternatives 7i7 ,in general ,at any time prior to the date that is #de days before the approval of the proposed action1 the ,administrator may recommend to the ,secretary alternatives to any proposed action1 including measures that will prevent or minimize reasonably foreseeable adverse effects to ocean and coastal resources4 7ii7 ,secretarial action ,the ,secretary shall incorporate into the approval for the proposed action any alternative or mitigation measure recommended under clause 7i71 unless the ,secretary-- 7,i7 determines that the alternative or mitigation measure is not necessary to prevent or minimize reasonably foreseeable adverse effects to marine and coastal resources2 and 7,,ii7 notifies the ,administrator in writing of the reasons for the determination under subclause 7,i74 4 #ajb4 ,strengthening coastal ,state oil spill planning and response ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,strengthening coastal ,state oil spill response and planning 7a7 ,grants to coastal ,states ,the ,secretary may make grants to eligible coastal ,states-- 7#a7 to revise management programs approved under section #cjf and ,national ,estuarine ,research ,reserves approved under section #cae to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the ,state level to address the environmental1 economic1 and social impacts of oil spills or other accidents resulting from ,outer ,continental ,shelf energy activities with the potential to affect land or water use or natural resources of the coastal zone2 and 7#b7 to review and revise as necessary applicable enforceable policies within approved coastal ,state management programs affecting coastal energy exploration or development activities1 including geological and geophysical activities1 to ensure that these policies are consistent with-- 7,a7 other emergency response plans and policies developed under ,federal or ,state law to address the impacts and accidents described in paragraph 7#a72 and 7,b7 the new policies and procedures developed under paragraph 7#a74 7b7 ,elements ,in developing new enforceable policies and procedures with grants under subsection 7a71 an eligible coastal ,state shall consider-- 7#a7 other existing emergency response plans and policies developed under other ,federal or ,state law1 to address the impacts and accidents described in paragraph 7#a71 that affect the coastal zone2 7#b7 the identification of critical infrastructure essential to facilitate oil spill or accident response activities2 7#c7 the identification of coordination1 logistics and communication networks between ,federal and ,state government agencies1 and between ,state agencies and affected local communities1 to ensure the efficient and timely dissemination of data and other information2 7#d7 the inventories of shore locations and infrastructure and equipment necessary to respond to1 or monitor environmental impacts of1 oil spills or other accidents resulting from ,outer ,continental ,shelf energy activities2 7#e7 the identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation1 recreational1 ecological1 historic1 economic1 or aesthetic values2 7#f7 the inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development2 7#g7 the observing capabilities necessary to assess ocean conditions before1 during1 and after an oil spill or other adverse incident resulting from ,outer ,continental ,shelf energy activities2 and 7#h7 other information or actions as may be necessary to address the environmental1 economic1 and social impacts of oil spills or other adverse incidents resulting from ,outer ,continental ,shelf energy activities4 7c7 ,guidelines ,not later than #ahj days after the date of enactment of the ,marine ,oil ,spill ,prevention ,act1 the ,secretary1 after consultation with the coastal ,states1 shall publish guidelines for the application for and use of grants under this section4 7d7 ,participation ,an eligible coastal ,state shall develop new enforceable policies and procedures under this section in accordance with section #cjf7;d77#a7 and amend or modify any new enforceable policies or procedures in accordance with section #cjf7;e74 7e7 ,annual grants 7#a7 ,in general ,for each of fiscal years #bjah through #bjbb1 the ,secretary may make a grant to a coastal ,state to develop new enforceable policies and procedures under this section4 7#b7 ,grant amounts and limit on awards ,the amount of any grant to any #a coastal ,state under this section shall not exceed #gej1jjj for any fiscal year4 7#c7 ,no ,state matching contribution required ,a coastal ,state shall not be required to contribute any portion of the cost of a grant awarded under this section4 7#d7 ,transfer of funds ,a coastal ,state that receives a grant under this section may transfer grant funds to an appropriate agency of the coastal ,state4 7#e7 ,secretarial review and limit on awards ,after an initial grant is made to a coastal ,state under this section1 no subsequent grant may be made to that coastal ,state under this section unless the ,secretary finds that the coastal ,state is satisfactorily developing revisions to address the impacts and accidents described in subsection 7a77#a74 ,no coastal ,state is eligible to receive grants under this section for more than #b fiscal years4 7f7 ,applicability ,the requirements of this section shall only apply if appropriations are provided to the ,secretary to make grants under this section4 7g7 ,rule of construction ,nothing in this section may be construed to convey any new authority to any coastal ,state1 or repeal or supersede any existing authority of any coastal ,state1 to regulate the siting1 licensing1 leasing1 or permitting of alternative energy facilities in areas of the ,outer ,continental ,shelf under the administration of the ,federal ,government4 ,nothing in this section repeals or supersedes any existing coastal ,state authority4 7h7 ,assistance by the ,secretary ,the ,secretary1 as authorized under section #caj7;a7 and to the extent practicable1 shall make available to coastal ,states the resources and capabilities of the ,national ,oceanic and ,atmospheric ,administration to provide technical assistance to the coastal ,states to prepare revisions to approved management programs to meet the requirements under this section4 4 #ajc4 ,moratorium on commercial industrial activity in certain areas of ,gulf of ,mexico ,section #ajd7;a7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note7 is amended by striking ,june #cj1 #bjbb and inserting ,june #cj1 #bjbg4 #ajd4 ,coast ,guard inspections 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall increase the frequency and comprehensiveness of safety inspections of all ,united ,states and foreign-flag tank vessels that enter a ,united ,states port or place1 including increasing the frequency and comprehensiveness of inspections of vessel age1 hull configuration1 and past violations of any applicable discharge and safety regulations under ,united ,states and international law that may indicate that the class societies inspecting such vessels may be substandard1 and other factors relevant to the potential risk of an oil spill4 7b7 ,enhanced ,verification of ,structural ,condition ,the ,secretary of the department in which the ,coast ,guard is operating shall adopt1 as part of the ,secretary's inspection requirements for tank vessels1 additional procedures for enhancing the verification of the reported structural condition of such vessels1 taking into account the ,condition ,assessment ,scheme adopted by the ,international ,maritime ,organization by ,resolution #id7df7 on ,april #bg1 #bjja1 as amended and consolidated4 #aje4 ,navigational measures for protection of natural resources 7a7 ,designation of at-,risk areas 7#a7 ,in general ,the ,commandant of the ,coast ,guard1 in consultation the ,under ,secretary for ,oceans and ,atmosphere1 shall identify areas in waters subject to the jurisdiction of the ,united ,states1 including the exclusive economic zone 7as established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note771 in which routing or other navigational measures are warranted to reduce the risk of oil spills and potential damage to natural resources4 7#b7 ,considerations ,in identifying the areas described in paragraph 7#a71 the ,commandant shall give priority consideration to natural resources of particular ecological importance or economic importance1 including-- 7,a7 commercial fisheries2 7,b7 aquaculture facilities2 7,c7 marine sanctuaries designated by the ,secretary of ,commerce under the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca et seq472 7,d7 estuaries of national significance designated under section #cbj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj72 7,e7 critical habitat1 as defined in section #c7e7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7e772 7,f7 estuarine research reserves within the ,national ,estuarine ,research ,reserve ,system established by section #cae of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adfa72 and 7,g7 national parks and national seashores administered by the ,national ,park ,service under the ,national ,park ,service ,organic ,act 7#af ,u4,s4,c4 #a et seq474 7b7 ,factors considered ,in determining whether navigational measures are warranted for an area identified under subsection 7a71 the ,commandant and the ,under ,secretary for ,oceans and ,atmosphere shall consider1 at a minimum-- 7#a7 the frequency of transits of vessels which are required to prepare a response plan under section #caa7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j772 7#b7 the type and quantity of oil transported as cargo or fuel2 7#c7 the expected benefits of routing measures in reducing risks of spills2 7#d7 the costs of such measures2 7#e7 the safety implications of such measures2 and 7#f7 the nature and value of the resources to be protected by such measures4 7c7 ,establishment of routing and other navigational measures ,the ,commandant shall establish such routing or other navigational measures for areas identified under subsection 7a74 7d7 ,establishment of areas ,to be avoided ,to the extent that the ,commandant and the ,under ,secretary for ,oceans and ,atmosphere identify areas in which navigational measures are warranted for an area under subsection 7a71 the ,secretary of ,commerce and the ,under ,secretary shall seek to establish such areas through the ,international ,maritime ,organization or establish comparable areas pursuant to regulations and in a manner that is consistent with international law4 7e7 ,oil shipment data and report 7#a7 ,data collection ,the ,commandant of the ,coast ,guard1 in consultation with the ,chief of ,engineers1 shall analyze data on oil transported as cargo on vessels in the navigable waters of the ,united ,states1 including information on-- 7,a7 the quantity and type of oil being transported2 7,b7 the vessels used for such transportation2 7,c7 the frequency with which each type of oil is being transported2 and 7,d7 the point of origin1 transit route1 and destination of each such shipment of oil4 7#b7 ,quarterly report 7,a7 ,requirement for quarterly report ,the ,secretary of ,commerce1 not less frequently than once each calendar quarter1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the data collected and analyzed under paragraph 7#a74 7,b7 ,format ,each report submitted under subparagraph 7,a7 shall be submitted in a format that does not disclose information exempted from disclosure4 #ajf4 ,gulf of ,mexico ,regional ,citizens' ,advisory ,council 7a7 ,in general ,subtitle ,a of title ,,iv of the ,oil ,pollution ,act of #aiij is amended by inserting after section #daah 7#cc ,u4,s4,c4 #abjc note7 the following3 #daai4 ,gulf ,coast ,regional ,citizens' ,advisory ,council 7a7 ,establishment ,there is established a ,gulf ,coast ,regional ,citizens' ,advisory ,council4 7b7 ,membership ,the ,council shall be composed of voting members and nonvoting members1 as follows3 7#a7 ,voting members ,each of the ,gulf ,coast ,states shall be represented by #e members on the ,council who shall be residents of1 and appointed from and by the following interests in1 the ,state they represent1 such that each interest in each ,state is represented by a voting member3 7,a7 ,commercial fin fish and shellfish industry organizations1 the members of which depend on the marine fisheries resources of the ,state4 7,b7 ,recreational fishing industry organizations1 the members of which depend on the marine fisheries resources of the ,state4 7,c7 ,restaurant1 hotel1 and tourism industry organizations1 the members of which depend upon the beaches1 dunes1 barrier islands1 wetlands1 estuaries1 bayous1 sounds1 bays1 lagoons1 reefs1 fish1 wildlife1 or other coastal resources of the ,state4 7,d7 ,marine and coastal conservation organizations1 members of which reside in the ,state4 7,e7 ,counties or parishes1 and incorporated and unincorporated municipalities of the ,state4 7#b7 ,nonvoting members ,one ex officio1 nonvoting representative shall be designated by1 and represent1 each of the following on the ,council3 7,a7 ,the ,coast ,guard4 7,b7 ,the ,environmental ,protection ,agency4 7,c7 ,the ,national ,oceanic and ,atmospheric ,administration4 7,d7 ,the ,department of the ,interior1 ,bureau of ,safety and ,environmental ,enforcement4 7,e7 ,the ,department of ,transportation1 ,office of ,pipeline ,safety4 7,f7 ,the lead maritime environmental and natural resources management and enforcement agency of each of the ,gulf ,coast ,states4 7,g7 ,the maritime or shipping industry4 7,h7 ,the energy industry4 7#c7 ,geographic balance ,voting and nonvoting members shall be drawn equally from the ,states represented on the ,council4 7c7 ,initial formation ,not later than #ij days after the date of enactment of the ,marine ,oil ,spill ,prevention ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall appoint the initial voting members of the ,council and call the first meeting of the ,council4 7d7 ,terms 7#a7 ,duration of the ,council ,the duration of the ,council shall be throughout the lifetime of energy exploration1 development1 production1 transportation1 and facility removal activities in one or more of the ,gulf ,coast ,states1 and throughout the lifetime of such activities in the ,gulf of ,mexico4 7#b7 ,terms of voting members 7,a7 ,in general ,the voting members of the ,council shall be appointed for a term of #c years1 except as provided in subparagraph 7,b74 7,b7 ,terms of initial appointees ,the terms of service of voting members initially appointed by the ,secretary of the department in which the ,coast ,guard is operating shall be established by a drawing of lots1 under which-- 7i7 #i of the voting members shall serve for #c years2 7ii7 #i of the voting members shall serve for #b years2 and 7iii7 #g of the voting members shall serve for #a year4 7e7 ,governance 7#a7 ,in general ,the ,council shall elect a chairperson1 select staff1 and make policies with regard to internal operating procedures4 7#b7 ,self-governing ,after the initial organizational meeting called by the ,secretary of the department in which the ,coast ,guard is operating1 the ,council shall be self-governing and shall hold meetings thereafter at least once each year4 7#c7 ,transparency ,the ,council shall-- 7,a7 conduct the operations of the ,council in public1 to the maximum extent practicable2 7,b7 make all work product adopted by the ,council available to the public2 7,c7 hold at least #a meeting each year that is open to the public1 and for each such meeting provide notice to the public at least #cj days prior to such meeting2 and 7,d7 maintain a freely accessible website on which it shall make available to the public1 at a minimum-- 7i7 recommendations made by the ,council1 together with information as to whether or not the recommendations were adopted and1 if not1 an explanation of why they were not adopted2 7ii7 a description of matters currently under review by the ,council1 without disclosing any private1 confidential1 or privileged information consistent with applicable law2 7iii7 a statement of industry standards2 and 7iv7 an interactive component through which the general public may submit questions and comments and report matters of interest4 7#d7 ,conflicts of interest ,an individual selected as a voting member of the ,council may not engage in any activity that may conflict with the execution of the functions or duties of the individual as a ,council member4 7f7 ,duties 7#a7 ,in general ,the ,council shall1 with regard to the activities1 operation1 and maintenance of facilities and tank vessels in the ,gulf ,coast ,states and the ,gulf of ,mexico-- 7,a7 provide advice and recommendations to covered persons1 relevant ,federal agencies1 and ,gulf ,coast ,states regarding applicable policies1 permits1 operations1 and regulations2 7,b7 monitor impacts on marine and coastal ecosystems2 7,c7 monitor relevant oil spill prevention and response plans1 including plans relating to blowout prevention and response2 and 7,d7 recommend standards and conditions for regulations intended to ensure safety of life and property and minimize negative impacts on marine and coastal ecosystems4 7#b7 ,geographic scope ,the ,council shall carry out the duties described in paragraph 7#a7 in a manner that1 to the extent practicable1 covers all activities1 operation1 and maintenance of facilities and tank vessels occurring in ,gulf ,coast ,states and the ,gulf of ,mexico4 7g7 ,estoppel ,the ,council is not liable under ,federal or ,state law for costs or damages resulting from the discharge of its duties4 ,no advice given by a voting member of the ,council1 or by a program representative or agent1 shall be grounds for estopping the interests represented by voting ,council members from seeking damages or other appropriate relief4 7h7 ,scientific work ,in carrying out its duties1 the ,council-- 7#a7 may conduct applicable scientific research2 and 7#b7 shall review applicable scientific work undertaken by or on behalf of the energy industry1 conservation organizations1 or government agencies4 7i7 ,standing committees ,the ,council may create standing committees as necessary to carry out the duties described in subsection 7f71 including-- 7#a7 a scientific and technical committee2 7#b7 an environmental monitoring committee2 7#c7 an oil spill prevention and response committee2 7#d7 an offshore monitoring committee to monitor activities in waters of the ,gulf of ,mexico that are more than #ejj feet in depth2 and 7#e7 a coastal monitoring committee to monitor activities on the coast of the ,gulf of ,mexico and in waters of the ,gulf of ,mexico that are #ejj feet or less in depth4 7j7 ,agency cooperation 7#a7 ,information ,the ,council may request directly from any ,federal agency1 and upon such request each ,federal agency shall furnish to the ,council to the extent authorized by law1 information1 suggestions1 estimates1 and statistics1 for the purpose of fulfilling its duties under subsection 7f74 7#b7 ,consultation 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,marine ,oil ,spill ,prevention ,act1 each ,federal agency1 with respect to all permits1 site-specific regulations1 and other matters governing the activities and actions within the purview of the ,council1 shall consult with the ,council prior to taking substantive action with respect to such matters4 7,b7 ,review ,federal agency consultations required by this paragraph shall be carried out in a manner that enables the ,council to review the permit1 site-specific regulation1 or other matter at issue and make appropriate recommendations consistent with its duties4 7,c7 ,emergencies ,no consultation shall be required under this paragraph if an authorized representative of a ,federal agency reasonably believes that an emergency exists requiring action without delay4 7k7 ,recommendations of the ,council 7#a7 ,in general ,all recommendations of the ,council shall be advisory only4 7#b7 ,response to recommendations ,if a covered person decides not to adopt1 or decides to adopt with substantial modification1 a recommendation of the ,council1 then the covered person shall provide to the ,council1 not later than #aj days after the date of such decision1 written notice of the decision and a written explanation of the reason or reasons for the decision4 7l7 ,location and compensation 7#a7 ,location ,the ,council shall establish offices in one or more of the ,gulf ,coast ,states1 as the ,council determines to be necessary and appropriate to the execution of its duties4 7#b7 ,compensation ,a member of the ,council may not be compensated for service on the ,council1 but shall be allowed travel expenses1 including per diem1 at a rate established by the ,council1 which may not exceed the rates authorized for employees of agencies under sections #egjb and #egjc of title #e1 ,united ,states ,code1 except by express authorization of the ,council in a case in which the rates are inadequate to reimburse a member not eligible for travel rates of the ,federal ,government4 7m7 ,funding 7#a7 ,requirement ,approval of the contingency plans required of covered persons under this ,act shall be effective only so long as the ,council is funded under paragraph 7#b74 7#b7 ,contributions by covered persons ,covered persons shall provide1 on an annual basis1 an aggregate amount of not more than #aj1jjj1jjj1 as determined by the ,secretary of the department in which the ,coast ,guard is operating1 that shall provide for the establishment and ongoing operation of the ,council1 and shall be adjusted annually to reflect changes in the ,consumer ,price ,index in the ,gulf ,coast ,states4 7n7 ,independent audits2 reports 7#a7 ,annual audits ,the ,council shall commission an annual independent financial statement audit by an independent accounting firm and publish the results in a publicly available annual report4 7#b7 ,biennial ,council report ,not later than #b years after the date of establishment of the ,council1 and biennially thereafter1 the ,council shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the significant achievements of the ,council with respect to its duties2 7,b7 the unresolved problems or concerns with operations1 activities1 or plans2 7,c7 the ,council operations and expenditures1 needs1 issues1 and recommendations2 and 7,d7 the annual independent audits required under paragraph 7#a74 7#c7 ,,gao report ,not later than #c years after the date of establishment of the ,council1 and thereafter as necessary1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report covering the operations and expenditures of the ,council in carrying out this section1 including any recommendations the ,comptroller deems appropriate4 7o7 ,suits barred ,neither the ,council nor any committee1 program1 association1 or other organization created by or under the authority of this section may sue a public or private person or entity concerning any matter arising under this section other than the performance of a contract4 7p7 ,definitions ,in this section3 7#a7 ,council ,the term ,council means the ,gulf ,coast ,regional ,citizens' ,advisory ,council established under subsection 7a74 7#b7 ,covered person ,the term covered person means an owner or operator of a facility1 an owner or operator of a tank vessel1 a lessee1 or a permittee1 as those terms are defined in this ,act4 7#c7 ,federal agency ,the term ,federal agency means any department1 agency1 or other instrumentality of the ,federal ,government1 any independent agency or establishment of the ,federal ,government including any ,government corporation1 and the ,government ,publishing ,office4 7#d7 ,gulf ,coast ,states ,the term ,gulf ,coast ,states means the ,states of ,alabama1 ,florida1 ,louisiana1 ,mississippi1 and ,texas4 7#e7 ,gulf of ,mexico ,the term ,gulf of ,mexico means the territorial seas and exclusive economic zone of the ,united ,states in the ,gulf of ,mexico4 4 7b7 ,conforming amendment ,the table of contents in section #b of the ,oil ,pollution ,act of #aiij 7#ajd ,stat4 #dhd7 is amended by adding at the end of the items relating to subtitle ,a of title ,,iv the following3 #daai4 ,gulf of ,mexico ,regional ,citizens' ,advisory ,council4 4 #ajg4 ,vessel as responsible party ,section #ajja7cb77;,a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja7cb77;,a77 is amended by striking with a single hull after ,december #ca1 #bjaj4 #ajh4 ,transportation and commerce aspects of outer continental shelf lands 7a7 ,enforcement ,section #bb of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdh7 is amended-- 7#a7 in subsection 7d77#a7-- 7,a7 by inserting 1 each marine casualty and accident that posed a serious threat to the safety of life and property at sea or to the marine environment1 after fire2 and 7,b7 by inserting 1 as a condition of the leases or permits0 after 8any such investigation2 7#b7 in subsection 7d77#b71 by inserting 1 as a condition of the leases or permits0 after 8any such investigation2 7#c7 in subsection 7e7-- 7,a7 by striking ,secretary1 or1 in the case of occupational safety and health1 and inserting ,secretary or2 and 7,b7 by striking ,coast ,guard is operating1 and inserting ,coast ,guard is operating2 and 7#d7 by adding at the end of the section the following3 7g7 ,independent investigation of transportation accidents 7#a7 ,in general ,at the request of the ,secretary of the department in which the ,coast ,guard is operating or the ,secretary1 the ,national ,transportation ,safety ,board may conduct an independent investigation of any accident1 occurring in the outer ,continental ,shelf and involving activities under this ,act1 that does not otherwise fall within the definition of an accident or major marine casualty 7as those terms are used in chapter #aa of title #di1 ,united ,states ,code74 7#b7 ,transportation accident ,for purposes of an investigation under this subsection1 an accident that is the subject of a request under paragraph 7#a7 shall be treated as a transportation accident 7as that term is used in chapter #aa of title #di1 ,united ,states ,code74 7h7 ,information on causes and corrective actions 7#a7 ,in general ,for each accident investigated under this section1 the ,secretary of the department in which the ,coast ,guard is operating and the ,secretary shall promptly make available to the public technical information about the causes of the accident and corrective actions taken4 7#b7 ,public database ,all data and reports related to an accident described in paragraph 7#a7 shall be maintained in a database that is freely available to the public4 7i7 ,inspection fees 7#a7 ,in general ,to the extent necessary to fund the carrying out of inspections and other duties under this ,act of the ,secretary of the department in which the ,coast ,guard is operating and the ,secretary of ,commerce1 upon the request of the ,secretary of the department in which the ,coast ,guard is operating and the ,secretary of ,commerce1 the ,secretary shall collect a non-refundable inspection fee1 which shall be deposited in the ,ocean ,commerce1 ,transportation1 and ,navigation ,enforcement ,fund established under paragraph 7#c71 from the designated operator for facilities subject to inspection under subsection 7c74 7#b7 ,establishment ,the ,secretary shall establish1 by rule1 inspection fees-- 7,a7 at an aggregate level equal to the amount necessary to offset the annual expenses incurred by the ,secretary of the ,department in which the ,coast ,guard is operating and the ,secretary of ,commerce in carrying out inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units71 administering and enforcing safety and health regulations and requirements1 providing comments to and consulting with the ,secretary as required under this ,act2 and 7,b7 which may vary based on differences in size and complexity among classes of facilities4 7#c7 ,ocean commerce1 transportation1 and navigation enforcement fund ,there is established in the ,treasury a fund1 to be known as the ,ocean ,commerce1 ,transportation1 and ,navigation ,enforcement ,fund 7referred to in this subsection as the ,fund71 into which shall be deposited amounts collected by the ,secretary under paragraph 7#a7 and which shall be available as provided under paragraph 7#d74 7#d7 ,availability of fees ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 all amounts collected by the ,secretary under this section-- 7,a7 shall be available for expenditure only for purposes of carrying out inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units7 and carrying out the other duties and responsibilities of the ,secretary of the department in which the ,coast ,guard is operating and the ,secretary of ,commerce under this ,act2 7,b7 shall be available only to the extent provided for in advance in an appropriations ,act2 and 7,c7 shall remain available until expended4 7#e7 ,annual reports 7,a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjah1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,natural ,resources of the ,house of ,representatives a report on the operation of the ,fund during the fiscal year4 7,b7 ,content ,each report shall include1 for the fiscal year covered by the report1 the following3 7i7 ,a statement of the amounts deposited into the ,fund4 7ii7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures4 7iii7 ,recommendations for additional authorities to fulfill the purpose of the ,fund4 7iv7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4 4 ,,ii ,improving marine oil spill preparedness #bja4 ,improvements to ,national ,oceanic and ,atmospheric ,administration oil spill response1 containment1 and prevention 7a7 ,review of ability of ,national ,oceanic and ,atmospheric ,administration ,to respond to oil spills 7#a7 ,comprehensive review required ,not later than #a year after the date of the enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere shall conduct a comprehensive review of the current capacity of the ,national ,oceanic and ,atmospheric ,administration to respond to oil spills4 7#b7 ,elements ,the review under paragraph 7#a7 shall include the following3 7,a7 ,a comparison of oil spill modeling requirements with the state-of-the-art oil spill modeling with respect to near shore and offshore areas4 7,b7 ,development of recommendations on priorities for improving forecasting of oil spill1 trajectories1 and impacts4 7,c7 ,an inventory of the products and tools of the ,national ,oceanic and ,atmospheric ,administration that can aid in assessing the potential risk and impacts of oil spills4 ,the products and tools may include environmental sensitivity index maps1 the ,united ,states ,integrated ,ocean ,observing ,system1 research vessels1 aviation-based sensors1 satellites1 and oil spill trajectory models4 7,d7 ,an identification of the baseline oceanographic and climate data required to support state-of-the-art modeling4 7,e7 ,an assessment of the ability of the ,national ,oceanic and ,atmospheric ,administration to respond to the effects of an oil spill on its trust resources1 including-- 7i7 marine sanctuaries1 monuments1 and other protected areas2 and 7ii7 marine mammals1 fish1 corals1 sea turtles1 and other protected species1 and efforts to rehabilitate these species4 7#c7 ,report ,upon completion of the review1 the ,under ,secretary shall submit to ,congress a report on the review1 including the findings and recommendations4 7b7 ,oil spill trajectory modeling ,the ,under ,secretary for ,oceans and ,atmosphere shall be responsible for developing and maintaining oil spill trajectory modeling capabilities for the ,united ,states1 including taking such actions as may be required by subsections 7c7 through 7f74 7c7 ,environmental sensitivity index 7#a7 ,update ,beginning not later than #ahj days after the date of enactment of this ,act1 and not less frequently than once every #g years thereafter1 the ,under ,secretary for ,oceans and ,atmosphere shall update the environmental sensitivity index products of the ,national ,oceanic and ,atmospheric ,administration for-- 7,a7 each coastal area of the ,united ,states2 7,b7 each offshore area of the ,united ,states that is leased or under consideration for leasing for offshore energy production2 and 7,c7 each offshore area of the ,united ,states that is under consideration for maritime transportation4 7#b7 ,expanded coverage ,not later than #bgj days after the date of enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere1 to the greatest extent practicable1 shall create an environmental sensitivity index product for each area described in paragraph 7#a7 for which the ,national ,oceanic and ,atmospheric ,administration did not have an environmental sensitivity index product on the day before the date of enactment of this ,act4 7#c7 ,environmental sensitivity index product defined ,in this subsection1 the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline1 coastal or offshore1 resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies1 typically including information relating to shoreline type1 biological resources1 and human use resources4 7d7 ,subsea hydrocarbon review ,not later than #abj days after the date of enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere shall conduct a comprehensive review of the current state of the ,national ,oceanic and ,atmospheric ,administration to monitor1 map1 and track subsea hydrocarbons1 including a review of the effect of subsea hydrocarbons and dispersants at varying concentrations on living marine resources4 7e7 ,initiative on oil spills from aging and abandoned oil infrastructure ,not later than #bgj days after the date of enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere shall establish an initiative-- 7#a7 to determine the significance1 response1 frequency1 size1 potential fate1 and potential effects1 including those on sensitive habitats1 of oil spills resulting from aging and abandoned oil infrastructure2 and 7#b7 to formulate recommendations on how best to address the spills described in paragraph 7#a74 7f7 ,inventory of offshore abandoned or sunken vessels ,not later than #bgj days after the date of enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere shall-- 7#a7 develop an inventory of offshore abandoned or sunken vessels in the exclusive economic zone 7as established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note772 and 7#b7 identify priorities 7based on amount of oil1 feasibility of oil recovery1 fate and effects of oil if released1 and cost-benefit of preemptive action7 for potential preemptive removal of oil or other actions that may be effective to mitigate the risk of oil spills from offshore abandoned or sunken vessels4 #bjb4 ,coast ,guard response plan requirements 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall require all response plans approved by the ,coast ,guard under section #caa7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77 to be updated not less than once every #e years4 7b7 ,best available technology ,each response plan update under subsection 7a7 shall utilize the best commercially available technology and methods to contain and remove to the maximum extent practicable a worst case discharge 7including a discharge resulting from fire or explosion71 and to mitigate or prevent a substantial threat of such a discharge4 7c7 ,technology standards 7#a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating may establish requirements and guidance for utilizing the best commercially available technology and methods under subsection 7b74 7#b7 ,requirements ,the best commercially available technology and methods shall be based on measurable standards and capabilities whenever practicable4 7d7 ,resubmission ,each update under subsection 7a7 shall be considered a significant change requiring it to be resubmitted for approval by the ,coast ,guard4 #bjc4 ,oil spill technology evaluation 7a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating shall establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies4 7b7 ,approvals 7#a7 ,in general ,the program under subsection 7a7 shall include the establishment of a process for new methods and technologies-- 7,a7 to be submitted to and evaluated by the ,secretary of the department in which the ,coast ,guard is operating2 and 7,b7 to gain validation for use in spill responses and inclusion in response plans under section #caa7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j774 7#b7 ,performance capabilities ,following each validation under paragraph 7#a77;,b71 the ,secretary of the department in which the ,coast ,guard is operating shall consider whether the method or technology meets a performance capability warranting designation of a new standard for best available technology or methods4 7c7 ,technology clearinghouse ,each technology and method validated under subsection 7b77#a77;,b7 shall be included in the comprehensive list of spill removal resources maintained by the ,coast ,guard through the ,national ,response ,unit4 7d7 ,consultation ,the ,secretary of the department in which the ,coast ,guard is operating shall consult with the ,secretary of the ,interior1 the ,under ,secretary for ,oceans and ,atmosphere1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,transportation1 and the ,secretary of ,energy in carrying out this section4 #bjd4 ,safety management system requirements for mobile offshore drilling units 7a7 ,application ,section #cbjb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b7 by striking vessel1 or self-propelled mobile offshore drilling unit2 and and inserting vessel2 and2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,other ,vessels ,this chapter applies to a vessel that-- 7#a7 is a passenger vessel or small passenger vessel and is transporting more passengers than a number prescribed by the ,secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty2 or 7#b7 is a mobile offshore drilling unit4 4 7b7 ,safety management systems ,section #cbjc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,mobile offshore drilling units ,the safety management system described in subsection 7a7 for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the ,united ,states1 including the exclusive economic zone 7as established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note771 shall include processes1 procedures1 and policies related to the safe1 environmentally sound operation and maintenance of all machinery and systems of the unit that are used for the commercial industrial functions and purposes of the unit4 4 #bje4 ,gulf of ,mexico long-term marine environmental monitoring and research program 7a7 ,environmental monitoring and research program required 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 and subject to the availability of appropriations or other sources of funding1 the ,secretary1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall establish and carry out a long-term marine environmental monitoring and research program for the marine and coastal environment of the ,gulf of ,mexico to ensure that the ,federal ,government has independent1 peer-reviewed scientific data and information to assess long-term direct and indirect impacts on trust resources located in the ,gulf of ,mexico and ,southeast region resulting from the oil spill caused by the mobile offshore drilling unit ,deepwater ,horizon4 7#b7 ,period of program ,the ,secretary1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall carry out the program under paragraph 7#a7 during the #aj-year period beginning on the date of commencement of the program4 ,the ,secretary may extend the period if the ,secretary determines that additional monitoring and research is warranted4 7b7 ,scope of program ,the program under subsection 7a7 shall include the following3 7#a7 ,monitoring and research of the physical1 chemical1 and biological characteristics of the affected marine1 coastal1 and estuarine regions of the ,gulf of ,mexico and other regions of the exclusive economic zone 7as established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note77 and adjacent regions affected by the oil spill caused by the mobile offshore drilling unit ,deepwater ,horizon4 7#b7 ,the fate1 transport1 and persistence of oil released during the spill and spatial distribution throughout the water column1 including in-situ burn residues4 7#c7 ,the fate1 transport1 and persistence of chemical dispersants applied in-situ or on surface waters4 7#d7 ,identification of lethal and sub-lethal impacts to shellfish1 fish1 and wildlife resources that utilize habitats located within the affected region4 7#e7 ,impacts to regional1 ,state1 and local economies that depend on the natural resources of the affected region1 including commercial and recreational fisheries1 tourism1 and other wildlife-dependent recreation4 7#f7 ,such other elements that the ,secretary considers necessary to ensure a comprehensive marine research and monitoring program to comprehend the implications to trust resources caused by the oil spill from the mobile offshore drilling unit ,deepwater ,horizon4 7c7 ,cooperation and consultation ,in developing the research and monitoring program under subsection 7a71 the ,secretary1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall-- 7#a7 coordinate with the ,united ,states ,geological ,survey2 and 7#b7 consult with-- 7,a7 the ,national ,ocean ,research ,leadership ,council established under section #gijb of title #aj1 ,united ,states ,code2 7,b7 such representatives from the ,gulf coast ,states and affected countries as the ,secretary considers appropriate2 7,c7 such academic institutions and other research organizations as the ,secretary considers appropriate2 and 7,d7 such other experts with expertise in long-term environmental monitoring and research of the marine environment as the ,secretary considers appropriate4 7d7 ,availability of data ,upon the review by and approval of the ,attorney ,general regarding impacts on legal claims or litigation involving the ,united ,states1 data and information generated through the program established under subsection 7a7 shall be managed and archived to ensure that it is accessible and available to the general public for their use and information4 7e7 ,report ,not later than #a year after the date of the commencement of the program under subsection 7a71 and biennially thereafter1 the ,secretary shall submit to ,congress a comprehensive report-- 7#a7 summarizing the activities and findings of the program2 and 7#b7 detailing areas and issues requiring future monitoring and research4 7f7 ,definitions ,in this section3 7#a7 ,gulf coast ,state ,the term ,gulf coast ,state means each of the ,states of ,texas1 ,louisiana1 ,mississippi1 ,alabama1 and ,florida4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#c7 ,trust resources ,the term trust resources means the living and non-living natural resources belonging to1 managed by1 held in trust by1 appertaining to1 or otherwise controlled by the ,united ,states1 any ,state1 federally recognized ,indian tribe1 or a local government4 #bjf4 ,use of oil spill liability trust fund for expenses of ,national ,oceanic and ,atmospheric ,administration ,section #ajab7;a77#e77;,b7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#e77;,b77 is amended by striking #ae1jjj1jjj and inserting #be1jjj1jjj4 #bjg4 ,notice to ,states of bulk oil transfers 7a7 ,in general ,a ,state may require1 by law1 a person to provide notice of #bd hours or more to the ,state and to the ,coast ,guard prior to transferring oil in bulk as cargo in an amount equivalent to #bej barrels or more to1 from1 or within a vessel in ,state waters4 7b7 ,coast ,guard assistance ,the ,commandant of the ,coast ,guard may assist a ,state in developing appropriate methodologies for joint ,federal and ,state notification of an oil transfer described in subsection 7a7 to minimize any potential burden to vessels4 #bjh4 ,coast ,guard research and development ,section #ajab7;a77#e77;,a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#e77;,a77 is amended-- 7#a7 by striking #be1jjj1jjj and inserting #ej1jjj1jjj2 and 7#b7 by striking the semicolon at the end and inserting 1 of which amount not less than #dj percent shall be used to conduct research1 development1 and evaluation of oil spill response and removal technologies and methods24 ,,iii ,improving marine oil spill response capabilities #cja4 ,prompt publication of oil spill information 7a7 ,in general ,in any response to an oil spill in which the ,commandant of the ,coast ,guard serves as the ,federal ,on-,scene ,coordinator leading a ,unified ,command1 the ,commandant shall publish1 on a publicly accessible website1 all written ,incident ,action ,plans prepared and approved as a part of the response to such oil spill4 7b7 ,timeliness and duration ,the ,commandant shall-- 7#a7 publish each ,incident ,action ,plan under subsection 7a7 promptly after such plan is approved for implementation by the ,unified ,command1 and in no event later than #ab hours into the operational period for which such plan is prepared2 and 7#b7 ensure that such plan remains up-to-date and publicly accessible by website for the duration of the response to an oil spill4 7c7 ,redaction of personal information ,the ,commandant may redact information from an ,incident ,action ,plan published under subsection 7a7 to the extent necessary to comply with applicable privacy laws and other requirements regarding personal information4 #cjb4 ,coordination of ,federal1 ,state1 and local activities with respect to oil spill surveys 7a7 ,development of national protocols for oil spill surveys ,not later than #bgj days after the date of enactment of this ,act1 the ,under ,secretary for ,oceans and ,atmosphere1 in coordination with the ,secretary of ,homeland ,security1 the ,administrator of the ,environmental ,protection ,agency1 and the heads of such departments and agencies of ,state governments as the ,under ,secretary considers appropriate1 shall develop standard national protocols for oil spill response and clean up assessments to promote consistent procedures for collecting shoreline characterization data and to ensure that the format and resolution of such data are consistent with the needs of coastal ,states4 ,such protocols shall encourage1 to the extent practicable1 the use of electronic methods of data collection4 7b7 ,guidance and tools for application of national protocols for oil spill surveys ,the ,under ,secretary for ,oceans and ,atmosphere shall develop guidance and tools for oil spill responders and offer instructional courses to ensure that the standard national protocols developed under subsection 7a7 are used during oil spill responses in the waters subject to the jurisdiction of the ,united ,states1 including the exclusive economic zone 7as established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note774