REPORT ON OIL SPILL RESPONDER IMMUNITY.

SEC. 440. REPORT ON OIL SPILL RESPONDER IMMUNITY. (a) Report to Congress.—Not later than January 1, 2004, the Secretary of the department in which the Coast Guard is 116 STAT. 2131operating, jointly with the Secretary of Commerce and the Secretary of the Interior, and after consultation with the Administrator of the Environmental Protection Agency and the Attorney General, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the immunity from criminal and civil penalties provided under existing law of a private responder (other than a responsible party) in the case of the incidental take of federally listed fish or wildlife that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by that responder during an oil spill removal activity where the responder was acting in a manner consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator for the spill, and on the circumstances under which such penalties have been or could be imposed on a private responder. The report shall take into consideration the procedures under the Inter-Agency Memorandum for addressing incidental takes. (b) Definitions.—In this section— (1) the term “Federal On-Scene Coordinator” has the meaning given that term in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); (2) the term “incidental take” has the meaning given that term in the Inter-Agency Memorandum; (3) the term “Inter-Agency Memorandum” means the Inter-Agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities under the Federal Water Pollution Control Act’s National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act, effective on July 22, 2001; (4) the terms “National Contingency Plan”, “removal”, and “responsible party” have the meanings given those terms under section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701); and (5) the term “private responder” means a nongovernmental entity or individual that is carrying out an oil spill removal activity at the direction of a Federal agency or a responsible party.