FEDERAL REMOVAL AUTHORITY.

SEC. 4201. FEDERAL REMOVAL AUTHORITY. (a) In General.— Subsection (c) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) is amended to read as follows: “(c) Federal Removal Authority.— “(1) General removal requirement.— (A) The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance— “(i) into or on the navigable waters; “(ii) on the adjoining shorelines to the navigable waters; 104 STAT. 524 “(iii) into or on the waters of the exclusive economic zone; or “(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. “(B) In carrying out this paragraph, the President may— “(i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time; “(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and “(iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available. “(2) Discharge posing substantial threat to public health or welfare.— (A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge. “(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government— “(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and “(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available. “(3) Actions in accordance with national contingency plan.— (A) Each Federal agency, State, owner or operator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as directed by the President. “(B) An owner or operator participating in efforts under this subsection shall act in accordance with the National Contingency Plan and the applicable response plan required under subsection (j), or as directed by the President. “(4) Exemption from liability.— (A) A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President. “(B) Subparagraph (A) does not apply— “(i) to a responsible party; “(ii) to a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); “(iii) with respect to personal injury or wrongful death; or “(iv) if the person is grossly negligent or engages in willful misconduct. 104 STAT. 525 “(C) A responsible party is liable for any removal costs and damages that another person is relieved of under subparagraph (A). “(5) Obligation and liability of owner or operator not affected.— Nothing in this subsection affects— “(A) the obligation of an owner or operator to respond immediately to a discharge, or the threat of a discharge, of oil; or “(B) the liability of a responsible party under the Oil Pollution Act of 1990. “(6) Responsible party defined.— For purposes of this subsection, the term ‘responsible party’ has the meaning given that term under section 1001 of the Oil Pollution Act of 1990.”. (b) National Contingency Plan.— Subsection (d) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended to read as follows: “(d) National Contingency Plan.— “(1) Preparation by president.— The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section. “(2) Contents.— The National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following: “(A) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural resources (including conservation of fish and wildlife). “(B) Identification, procurement, maintenance, and storage of equipment and supplies. “(C) Establishment or designation of Coast Guard strike teams, consisting of— “(i) personnel who shall be trained, prepared, and available to provide necessary services to carry out the National Contingency Plan; “(ii) adequate oil and hazardous substance pollution control equipment and material; and “(iii) a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and wildlife. “(D) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of discharges of oil and hazardous substances and imminent threats of such discharges to the appropriate State and Federal agencies. “(E) Establishment of a national center to provide co-ordination and direction for operations in carrying out the Plan. “(F) Procedures and techniques to be employed in identifying, containing, dispersing, and removing oil and hazardous substances. “(G) A schedule, prepared in cooperation with the States, identifying— 104 STAT. 526 “(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan, “(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used, and “(iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or substance which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters. “(H) A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed in accordance with the Oil Pollution Act of 1990, in the case of any discharge of oil from a vessel or facility, for the reasonable costs incurred for that removal, from the Oil Spill Liability Trust Fund. “(I) Establishment of criteria and procedures to ensure immediate and effective Federal identification of, and response to, a discharge, or the threat of a discharge, that results in a substantial threat to the public health or welfare of the United States, as required under subsection (c)(2). “(J) Establishment of procedures and standards for removing a worst case discharge of oil, and for mitigating or preventing a substantial threat of such a discharge. “(K) Designation of the Federal official who shall be the Federal On-Scene Coordinator for each area for which an Area Contingency Plan is required to be prepared under subsection (j). “(L) Establishment of procedures for the coordination of activities of— “(i) Coast Guard strike teams established under subparagraph (C); “(ii) Federal On-Scene Coordinators designated under subparagraph (K); “(iii) District Response Groups established under subsection (j); and “(iv) Area Committees established under subsection (j). “(M) A fish and wildlife response plan, developed in consultation with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other interested parties (including State fish and wildlife conservation officials), for the immediate and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a discharge. 104 STAT. 527 “(3) Revisions and amendments.— The President may, from time to time, as the President deems advisable, revise or otherwise amend the National Contingency Plan. “(4) Actions in accordance with national contingency plan.— After publication of the National Contingency Plan, the removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan.”. (b) Definitions.— Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)) is amended— (1) in paragraph (8), by inserting “containment and” after “refers to”; and (2) in paragraph (16) by striking the period at the end and inserting a semicolon; (3) in paragraph (17)— (A) by striking “Otherwise” and inserting “otherwise”; and (B) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: “(18) ‘Area Committee’ means an Area Committee established under subsection (j); “(19) ‘Area Contingency Plan’ means an Area Contingency Plan prepared under subsection (j); “(20) ‘Coast Guard District Response Group’ means a Coast Guard District Response Group established under subsection (j); “(21) ‘Federal On-Scene Coordinator’ means a Federal On--Scene Coordinator designated in the National Contingency Plan; “(22) ‘National Contingency Plan’ means the National Contingency Plan prepared and published under subsection (d); “(23) ‘National Response Unit’ means the National Response Unit established under subsection (j); and “(24) ‘worst case discharge’ means— “(A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and “(B) in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather conditions.”. (c) Revision of National Contingency Plan.— Not later than one year after the date of the enactment of this Act, the President shall revise and republish the National Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202.