[104th Congress Public Law 58]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ58.104]
[[Page 109 STAT. 557]]
Public Law 104-58
104th Congress
An Act
To authorize and direct the Secretary of Energy to sell the Alaska Power
Administration, and to authorize the export of Alaska North Slope crude
oil, and for other purposes. <<NOTE: Nov. 28, 1995 - [S. 395]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I <<NOTE: Alaska Power Administration Asset Sale and Termination
Act. 42 USC 7152 note.>> --ALASKA POWER ADMINISTRATION ASSET SALE AND
TERMINATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Alaska Power Administration Asset
Sale and Termination Act''.
SEC. 102. DEFINITIONS.
For purposes of this title:
(1) The term ``Eklutna'' means the Eklutna Hydroelectric
Project and related assets as described in section 4 and Exhibit
A of the Eklutna Purchase Agreement.
(2) The term ``Eklutna Purchase Agreement'' means the August
2, 1989, Eklutna Purchase Agreement between the Alaska Power
Administration of the Department of Energy and the Eklutna
Purchasers, together with any amendments thereto adopted before
the enactment of this section.
(3) The term ``Eklutna Purchasers'' means the Municipality
of Anchorage doing business as Municipal Light and Power, the
Chugach Electric Association, Inc. and the Matanuska Electric
Association, Inc.
(4) The term ``Snettisham'' means the Snettisham
Hydroelectric Project and related assets as described in section
4 and Exhibit A of the Snettisham Purchase Agreement.
(5) The term ``Snettisham Purchase Agreement'' means the
February 10, 1989, Snettisham Purchase Agreement between the
Alaska Power Administration of the Department of Energy and the
Alaska Power Authority and its successors in interest, together
with any amendments thereto adopted before the enactment of this
section.
(6) The term ``Snettisham Purchaser'' means the Alaska
Industrial Development and Export Authority or a successor State
agency or authority.
[[Page 109 STAT. 558]]
SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.
(a) Sale of Eklutna.--The Secretary of Energy is authorized and
directed to sell Eklutna to the Eklutna Purchasers in accordance with
the terms of this Act and the Eklutna Purchase Agreement.
(b) Sale of Snettisham.--The Secretary of Energy is authorized and
directed to sell Snettisham to the Snettisham Purchaser in accordance
with the terms of this Act and the Snettisham Purchase Agreement.
(c) Cooperation of Other Agencies.--The heads of other Federal
departments, agencies, and instrumentalities of the United States shall
assist the Secretary of Energy in implementing the sales and conveyances
authorized and directed by this title.
(d) Proceeds.--Proceeds from the sales required by this title shall
be deposited in the Treasury of the United States to the credit of
miscellaneous receipts.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to prepare, survey, and
acquire Eklutna and Snettisham for sale and conveyance. Such
preparations and acquisitions shall provide sufficient title to ensure
the beneficial use, enjoyment, and occupancy by the purchasers.
(f) Contributed Funds.--Notwithstanding any other provision of law,
the Alaska Power Administration is authorized to receive, administer,
and expend such contributed funds as may be provided by the Eklutna
Purchasers or customers or the Snettisham Purchaser or customers for the
purposes of upgrading, improving, maintaining, or administering Eklutna
or Snettisham. Upon the termination of the Alaska Power Administration
under section 104(f), the Secretary of Energy shall administer and
expend any remaining balances of such contributed funds for the purposes
intended by the contributors.
SEC. 104. EXEMPTION AND OTHER PROVISIONS.
(a) Federal Power Act.--(1) After the sales authorized by this Act
occur, Eklutna and Snettisham, including future modifications, shall
continue to be exempt from the requirements of Part I of the Federal
Power Act (16 U.S.C. 791a et seq.), except as provided in subsection
(b).
(2) The exemption provided by paragraph (1) shall not affect the
Memorandum of Agreement entered into among the State of Alaska, the
Eklutna Purchasers, the Alaska Energy Authority, and Federal fish and
wildlife agencies regarding the protection, mitigation of, damages to,
and enhancement of fish and wildlife, dated August 7, 1991, which
remains in full force and effect.
(3) Nothing in this title or the Federal Power Act preempts the
State of Alaska from carrying out the responsibilities and authorities
of the Memorandum of Agreement.
(b) Subsequent Transfers.--Except for subsequent assignment of
interest in Eklutna by the Eklutna Purchasers to the Alaska Electric
Generation and Transmission Cooperative Inc. pursuant to section 19 of
the Eklutna Purchase Agreement, upon any subsequent sale or transfer of
any portion of Eklutna or Snettisham from the Eklutna Purchasers or the
Snettisham Purchaser to any other person, the exemption set forth in
paragraph
[[Page 109 STAT. 559]]
(1) of subsection (a) of this section shall cease to apply to such
portion.
(c) Review.--(1) <<NOTE: Courts.>> The United States District Court
for the District of Alaska shall have jurisdiction to review decisions
made under the Memorandum of Agreement and to enforce the provisions of
the Memorandum of Agreement, including the remedy of specific
performance.
(2) An action seeking review of a Fish and Wildlife Program
(``Program'') of the Governor of Alaska under the Memorandum of
Agreement or challenging actions of any of the parties to the Memorandum
of Agreement prior to the adoption of the Program shall be brought not
later than 90 days after the date on which the Program is adopted by the
Governor of Alaska, or be barred.
(3) An action seeking review of implementation of the Program shall
be brought not later than 90 days after the challenged act implementing
the Program, or be barred.
(d) Eklutna Lands.--With respect to Eklutna lands described in
Exhibit A of the Eklutna Purchase Agreement:
(1) The Secretary of the Interior shall issue rights-of-way
to the Alaska Power Administration for subsequent reassignment
to the Eklutna Purchasers--
(A) at no cost to the Eklutna Purchasers;
(B) to remain effective for a period equal to the
life of Eklutna as extended by improvements, repairs,
renewals, or replacements; and
(C) sufficient for the operation of, maintenance of,
repair to, and replacement of, and access to, Eklutna
facilities located on military lands and lands managed
by the Bureau of Land Management, including lands
selected by the State of Alaska.
(2) Fee title to lands at Anchorage Substation shall be
transferred to Eklutna Purchasers at no additional cost if the
Secretary of the Interior determines that pending claims to, and
selections of, those lands are invalid or relinquished.
(3) With respect to the Eklutna lands identified in
paragraph 1 of Exhibit A of the Eklutna Purchase Agreement, the
State of Alaska may select, and the Secretary of the Interior
shall convey to the State, improved lands under the selection
entitlements in section 6 of the Act of July 7, 1958 (commonly
referred to as the Alaska Statehood Act, Public Law 85-508; 72
Stat. 339), and the North Anchorage Land Agreement dated January
31, 1983. This conveyance shall be subject to the rights-of-way
provided to the Eklutna Purchasers under paragraph (1).
(e) Snettisham Lands.--With respect to the Snettisham lands
identified in paragraph 1 of Exhibit A of the Snettisham Purchase
Agreement and Public Land Order No. 5108, the State of Alaska may
select, and the Secretary of the Interior shall convey to the State of
Alaska, improved lands under the selection entitlements in section 6 of
the Act of July 7, 1958 (commonly referred to as the Alaska Statehood
Act, Public Law 85-508; 72 Stat. 339).
(f) Termination of Alaska Power Administration.--Not later than one
year after both of the sales authorized in section 103 have occurred, as
measured by the Transaction Dates stipulated in the Purchase Agreements,
the Secretary of Energy shall--
(1) complete the business of, and close out, the Alaska
Power Administration;
[[Page 109 STAT. 560]]
(2) <<NOTE: Reports.>> submit to Congress a report
documenting the sales; and
(3) return unobligated balances of funds appropriated for
the Alaska Power Administration to the Treasury of the United
States.
(g) <<NOTE: Effective dates. 48 USC 312, 312 note, 312a-312d.>>
Repeals.--(1) The Act of July 31, 1950 (64 Stat. 382) is repealed
effective on the date that Eklutna is conveyed to the Eklutna
Purchasers.
(2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193) is
repealed effective on the date that Snettisham is conveyed to the
Snettisham Purchaser.
(3) The Act of August 9, 1955, concerning water resources
investigation in Alaska (69 Stat. 618), <<NOTE: 42 USC 1962d-12--1962d-
14.>> is repealed.
(h) DOE Organization Act.--As of the later of the two dates
determined in paragraphs (1) and (2) of subsection (g), section 302(a)
of the Department of Energy Organization Act (42 U.S.C. 7152(a)) is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and (F)
as subparagraphs (C), (D), and (E) respectively; and
(2) in paragraph (2) by striking out ``and the Alaska Power
Administration'' and by inserting ``and'' after ``Southwestern
Power Administration,''.
(i) Disposal.--The sales of Eklutna and Snettisham under this title
are not considered disposal of Federal surplus property under the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)
or the Act of October 3, 1944, popularly referred to as the ``Surplus
Property Act of 1944'' (50 U.S.C. App. 1622).
SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.
The provisions of this title regarding the sale of the Alaska Power
Administration's hydroelectric projects under section 103 and the
exemption of these projects from Part I of the Federal Power Act under
section 104 do not apply to other Federal hydroelectric projects.
TITLE II--EXPORTS OF ALASKAN NORTH SLOPE OIL
<<NOTE: President.>> SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by
amending subsection (s) to read as follows:
``exports of alaskan north slope oil
``(s)(1) Subject to paragraphs (2) through (6) of this subsection
and notwithstanding any other provision of this Act or any other
provision of law (including any regulation) applicable to the export of
oil transported by pipeline over right-of-way granted pursuant to
section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C.
1652), such oil may be exported unless the President finds that
exportation of this oil is not in the national interest. The President
shall make his national interest determination within five months of the
date of enactment of this subsection. In evaluat
[[Page 109 STAT. 561]]
ing whether exports of this oil are in the national interest, the
President shall at a minimum consider--
``(A) whether exports of this oil would diminish the total
quantity or quality of petroleum available to the United States;
``(B) the results of an appropriate environmental review,
including consideration of appropriate measures to mitigate any
potential adverse effects of exports of this oil on the
environment, which shall be completed within four months of the
date of the enactment of this subsection; and
``(C) whether exports of this oil are likely to cause
sustained material oil supply shortages or sustained oil prices
significantly above world market levels that would cause
sustained material adverse employment effects in the United
States or that would cause substantial harm to consumers,
including noncontiguous States and Pacific territories.
If the President determines that exports of this oil are in the national
interest, he may impose such terms and conditions (other than a volume
limitation) as are necessary or appropriate to ensure that such exports
are consistent with the national interest.
``(2) Except in the case of oil exported to a country with which the
United States entered into a bilateral international oil supply
agreement before November 26, 1979, or to a country pursuant to the
International Emergency Oil Sharing Plan of the International Energy
Agency, any oil transported by pipeline over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act
(43 U.S.C. 1652) shall, when exported, be transported by a vessel
documented under the laws of the United States and owned by a citizen of
the United States (as determined in accordance with section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802)).
``(3) Nothing in this subsection shall restrict the authority of the
President under the Constitution, the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50
U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
``(4) <<NOTE: Regulations.>> The Secretary of Commerce shall issue
any rules necessary for implementation of the President's national
interest determination, including any licensing requirements and
conditions, within 30 days of the date of such determination by the
President. The Secretary of Commerce shall consult with the Secretary of
Energy in administering the provisions of this subsection.
``(5) If the Secretary of Commerce finds that exporting oil under
authority of this subsection has caused sustained material oil supply
shortages or sustained oil prices significantly above world market
levels and further finds that these supply shortages or price increases
have caused or are likely to cause sustained material adverse employment
effects in the United States, the Secretary of Commerce, in consultation
with the Secretary of Energy, shall recommend, and the President may
take, appropriate action concerning exports of this oil, which may
include modifying or revoking authority to export such oil.
``(6) Administrative action under this subsection is not subject to
sections 551 and 553 through 559 of title 5, United States Code.''.
SEC. 202. GAO <<NOTE: 30 USC 185 note.>> REPORT.
(a) Review.--The Comptroller General of the United States shall
conduct a review of energy production in California and Alaska and the
effects of Alaskan North Slope oil exports, if any, on consumers,
independent refiners, and shipbuilding and ship repair yards on the West
Coast and in Hawaii. The Comptroller General shall commence this review
three years after the date of enactment of this Act and, within twelve
months after commencing the review, shall provide a report to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources and the Committee on Commerce of the House of
Representatives.
(b) Contents of Report.--The report shall contain a statement of the
principal findings of the review and recommendations for Congress and
the President to address job loss in the shipbuilding and ship repair
industry on the West Coast, as well as adverse impacts on consumers and
refiners on the West Coast and in Hawaii, that the Comptroller General
attributes to Alaska North Slope oil exports.
SEC. 203. GRANT AUTHORITY.
(a) In General.--The Secretary of Transportation (``Secretary'') may
make grants to the Multnomah County Tax Supervising and Conservation
Commission of Multnomah County, Oregon (``Commission'') in accordance
with this section, not to exceed the amount determined in subsection
(b)(2).
(b) Finding and Determination.--Before making any grant under this
section not earlier than one year after exports of Alaskan North Slope
oil commence pursuant to section 201, the Secretary shall--
(1) find on the basis of substantial evidence that such
exports are directly or indirectly a substantial contributing
factor to the need to levy port district ad valorem taxes under
Oregon Revised Statutes section 294.381; and
(2) determine the amount of such levy attributable to the
export of Alaskan North Slope oil.
(c) Agreement.--Before receiving a grant under this section for the
relief of port district ad valorem taxes which would otherwise be levied
under Oregon Revised Statutes section 294.381, the Commission shall
enter into an agreement with the Secretary to--
(1) establish a segregated account for the receipt of grant
funds;
(2) deposit and keep grant funds in that account;
(3) use the funds solely for the purpose of payments in
accordance with this subsection, as determined pursuant to
Oregon Revised Statutes sections 294.305-565, and computed in
accordance with generally accepted accounting principles; and
(4) terminate such account at the conclusion of payments
subject to this subsection and to transfer any amounts,
including interest, remaining in such account to the Port of
Portland for use in transportation improvements to enhance
freight mobility.
(d) Report.--Within 60 days of issuing a grant under this section,
the Secretary shall submit any finding and determination made under
subsection (b), including supporting information, to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation to carry out subsection
(a), $15,000,000 for fiscal year 1997, to remain available until October
1, 2003.
TITLE III <<NOTE: Outer Continental Shelf Deep Water Royalty Relief
Act.>> --OUTER CONTINENTAL SHELF DEEP WATER ROYALTY RELIEF
SEC. 301. SHORT TITLE. <<NOTE: 43 USC 1301 note.>>
This title may be referred to as the ``Outer Continental Shelf Deep
Water Royalty Relief Act''.
SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)), is amended--
(1) by designating the provisions of paragraph (3) as
subparagraph (A) of such paragraph (3); and
(2) by inserting after subparagraph (A), as so designated,
the following:
``(B) In the Western and Central Planning Areas of the Gulf of
Mexico and the portion of the Eastern Planning Area of the Gulf of
Mexico encompassing whole lease blocks lying west of 87 degrees, 30
minutes West longitude, the Secretary may, in order to--
``(i) promote development or increased production on
producing or non-producing leases; or
``(ii) encourage production of marginal resources on
producing or non-producing leases;
through primary, secondary, or tertiary recovery means, reduce
or eliminate any royalty or net profit share set forth in the
lease(s). With the lessee's consent, the Secretary may make
other modifications to the royalty or net profit share terms of
the lease in order to achieve these purposes.
``(C)(i) Notwithstanding the provisions of this Act other than this
subparagraph, with respect to any lease or unit in existence on the date
of enactment of the Outer Continental Shelf Deep Water Royalty Relief
Act meeting the requirements of this subparagraph, no royalty payments
shall be due on new production, as defined in clause (iv) of this
subparagraph, from any lease or unit located in water depths of 200
meters or greater in the Western and Central Planning Areas of the Gulf
of Mexico, including that portion of the Eastern Planning Area of the
Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees,
30 minutes West longitude, until such volume of production as determined
pursuant to clause (ii) has been produced by the lessee.
``(ii) Upon submission of a complete application by the lessee, the
Secretary shall determine within 180 days of such application whether
new production from such lease or unit would be economic in the absence
of the relief from the requirement to pay royalties provided for by
clause (i) of this subparagraph. In making such determination, the
Secretary shall consider the increased technological and financial risk
of deep water development and all costs associated with exploring,
developing, and producing from the lease. The lessee shall provide
information required for a complete application to the Secretary prior
to such determination. The Secretary shall clearly define the
information required for a complete application under this section. Such
application may be made on the basis of an individual lease or unit. If
the Secretary determines that such new production would be economic in
the absence of the relief from the requirement to pay royalties provided
for by clause (i) of this subparagraph, the provisions of clause (i)
shall not apply to such production. If the Secretary determines that
such new production would not be economic in the absence of the relief
from the requirement to pay royalties provided for by clause (i), the
Secretary must determine the volume of production from the lease or unit
on which no royalties would be due in order to make such new production
economically viable; except that for new production as defined in clause
(iv)(I), in no case will that volume be less than 17.5 million barrels
of oil equivalent in water depths of 200 to 400 meters, 52.5 million
barrels of oil equivalent in 400-800 meters of water, and 87.5 million
barrels of oil equivalent in water depths greater than 800 meters.
Redetermination of the applicability of clause (i) shall be undertaken
by the Secretary when requested by the lessee prior to the commencement
of the new production and upon significant change in the factors upon
which the original determination was made. The Secretary shall make such
redetermination within 120 days of submission of a complete application.
The Secretary may extend the time period for making any determination or
redetermination under this clause for 30 days, or longer if agreed to by
the applicant, if circumstances so warrant. <<NOTE: Notification.>> The
lessee shall be notified in writing of any determination or
redetermination and the reasons for and assumptions used for such
determination. Any determination or redetermination under this clause
shall be a final agency action. The <<NOTE: Courts.>> Secretary's
determination or redetermination shall be judicially reviewable under
section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only
for actions filed within 30 days of the Secretary's determination or
redetermination.
``(iii) In the event that the Secretary fails to make the
determination or redetermination called for in clause (ii) upon
application by the lessee within the time period, together with any
extension thereof, provided for by clause (ii), no royalty payments
shall be due on new production as follows:
``(I) For new production, as defined in clause (iv)(I) of
this subparagraph, no royalty shall be due on such production
according to the schedule of minimum volumes specified in clause
(ii) of this subparagraph.
``(II) For new production, as defined in clause (iv)(II) of
this subparagraph, no royalty shall be due on such production
for one year following the start of such production.
``(iv) For purposes of this subparagraph, the term `new production'
is--
``(I) any production from a lease from which no royalties
are due on production, other than test production, prior to the
date of enactment of the Outer Continental Shelf Deep Water
Royalty Relief Act; or
``(II) any production resulting from lease development
activities pursuant to a Development Operations Coordination
Document, or supplement thereto that would expand production
significantly beyond the level anticipated in the Development
Operations Coordination Document, approved by the Secretary
after the date of enactment of the Outer Continental Shelf Deep
Water Royalty Relief Act.
``(v) During the production of volumes determined pursuant to
clauses (ii) or (iii) of this subparagraph, in any year during which the
arithmetic average of the closing prices on the New York Mercantile
Exchange for light sweet crude oil exceeds $28.00 per barrel, any
production of oil will be subject to royalties at the lease stipulated
royalty rate. Any production subject to this clause shall be counted
toward the production volume determined pursuant to clause (ii) or
(iii). Estimated royalty payments will be made if such average of the
closing prices for the previous year exceeds $28.00. After the end of
the calendar year, when the new average price can be calculated, lessees
will pay any royalties due, with interest but without penalty, or can
apply for a refund, with interest, of any overpayment.
``(vi) During the production of volumes determined pursuant to
clause (ii) or (iii) of this subparagraph, in any year during which the
arithmetic average of the closing prices on the New York Mercantile
Exchange for natural gas exceeds $3.50 per million British thermal
units, any production of natural gas will be subject to royalties at the
lease stipulated royalty rate. Any production subject to this clause
shall be counted toward the production volume determined pursuant to
clauses (ii) or (iii). Estimated royalty payments will be made if such
average of the closing prices for the previous year exceeds $3.50. After
the end of the calendar year, when the new average price can be
calculated, lessees will pay any royalties due, with interest but
without penalty, or can apply for a refund, with interest, of any
overpayment.
``(vii) The prices referred to in clauses (v) and (vi) of this
subparagraph shall be changed during any calendar year after 1994 by the
percentage, if any, by which the implicit price deflator for the gross
domestic product changed during the preceding calendar year.''.
SEC. 303. NEW LEASES.
Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended
(43 U.S.C. 1337(a)(1)) is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
(2) by striking ``or'' at the end of subparagraph (G); and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) cash bonus bid with royalty at no less than 12 and \1/
2\ per centum fixed by the Secretary in amount or value of
production saved, removed, or sold, and with suspension of
royalties for a period, volume, or value of production
determined by the Secretary, which suspensions may vary based on
the price of production from the lease; or''.
SEC. 304. LEASE SALES. <<NOTE: 43 USC 1337 note.>>
For all tracts located in water depths of 200 meters or greater in
the Western and Central Planning Area of the Gulf of Mexico, including
that portion of the Eastern Planning Area of the Gulf of Mexico
encompassing whole lease blocks lying west of 87 degrees, 30 minutes
West longitude, any lease sale within five years of the date of
enactment of this title, shall use the bidding system authorized in
section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended
by this title, except that the suspension of royalties shall be set at a
volume of not less than the following:
(1) 17.5 million barrels of oil equivalent for leases in
water depths of 200 to 400 meters;
(2) 52.5 million barrels of oil equivalent for leases in 400
to 800 meters of water; and
(3) 87.5 million barrels of oil equivalent for leases in
water depths greater than 800 meters.
SEC. 305. REGULATIONS. <<NOTE: 43 USC 1337 note.>>
The Secretary shall promulgate such rules and regulations as are
necessary to implement the provisions of this title within 180 days
after the enactment of this Act.
SEC. 306. SAVINGS CLAUSE. <<NOTE: 43 USC 1337 note.>>
Nothing in this title shall be construed to affect any offshore pre-
leasing, leasing, or development moratorium, including any moratorium
applicable to the Eastern Planning Area of the Gulf of Mexico located
off the Gulf Coast of Florida.
TITLE IV--MISCELLANEOUS
SEC. 401. EMERGENCY RESPONSE PLAN. <<NOTE: Maritime affairs. Coast
Guard.>>
(a) In General.--Within 15 months after the date of the enactment of
this Act, the Commandant of the Coast Guard shall submit a plan to
Congress on the most cost-effective means of implementing an
international private-sector tug-of-opportunity system, including a
coordinated system of communication, using existing towing vessels to
provide timely emergency response to a vessel in distress transiting the
waters within the boundaries of the Olympic Coast National Marine
Sanctuary or the Strait of Juan de Fuca.
(b) <<NOTE: Canada.>> Coordination.--In carrying out this section,
the Commandant, in consultation with the Secretaries of State and
Transportation, shall coordinate with the Canadian Government and the
United States and Canadian maritime industries.
(c) Access to Information.--If necessary, the Commandant shall allow
United States nonprofit maritime organizations access to United States
Coast Guard radar imagery and transponder information to identify and
deploy towing vessels for the purpose of facilitating emergency
response.
(d) Towing Vessel Defined.--For the purpose of this section, the
term ``towing vessel'' has the meaning given that term by section
2101(40) of title 46, United States Code.
Approved November 28, 1995.
LEGISLATIVE HISTORY--S. 395 (H.R. 70) (H.R. 1122):
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HOUSE REPORTS: Nos. 104-139, Pt. 1, accompanying H.R. 70 and 104-187,
Pt. 1, accompanying H.R. 1122 (both from Comm. on Resources), and 104-
312 (Comm. of Conference).
SENATE REPORTS: No. 104-78 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 141 (1995):
May 15, 16, considered and passed Senate.
July 24, H.R. 70 considered and passed House.
July 25, S. 395 considered and passed House, amended.
Nov. 8, House agreed to conference report.
Nov. 14, Senate agreed to conference report.
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