Oil Pollution Liability and Compensation Act of 1989

Oil Pollution Liability and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes vessel owners or operators of onshore or offshore facilities liable for removal costs and for economic or natural resource damages, including: (1) injury or loss of real or personal property or natural resources; (2) loss of use (including subsistence use) of natural resources; (3) loss or impairment of income, profits, or earning capacity; and (4) loss of Federal and State tax, royalty, rental, or net profits share revenue for up to one year.

Establishes liability limits for: (1) owners and operators of tankers; (2) other vessel owners; (3) lessees and permittees of Outer Continental Shelf facilities; (4) deepwater port facility owners; and (5) other facility owners. Excludes interest (including prejudgment interest) from such limits.

Authorizes the President to establish lower liability limits for other onshore or offshore facilities. Requires the periodic adjustment of liability limits to reflect increases in the Consumer Price Index. Makes the President (or the authorized representative of any State or foreign government) the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources. Requires the President, acting through the Administrator of the National Oceanic and Atmospheric Administration, to promulgate regulations within two years of enactment of this Act for the assessment of damages for injury to natural resources resulting from an oil discharge. Requires that such regulations be reviewed and revised (if necessary) every two years.

Makes the owner or operator of a vessel liable under: (1) this Act; (2) maritime tort law; and (3) the Clean Water Act.

Directs the President to use the money in the Oil Spill Compensation Fund for specified removal costs and damages. Requires the President to publish regulations regarding implementation of the authority to obligate the Fund or enter into agreements. Limits the amount which may be paid from the Fund for a single incident to $1,000,000,000.

Authorizes States to obligate the Fund for a maximum of $250,000 per discharge or substantial threat of discharge of oil and to enter into agreements with the President for additional Fund monies. Provides that the Attorney General (upon request of the President) shall commence an action against the responsible foreign government or other responsible party to recover any costs paid from the Fund as a result of oil discharge or substantial threat of discharge from a foreign offshore unit.

Requires the owner or operator of certain-size vessels and offshore facilities to establish financial responsibility sufficient to meet the maximum amount of liability to which such persons could be subjected under this Act.

Provides for judicial review of regulations and actions under this Act. Grants State courts jurisdiction to hear cases under this Act, as well as under State law. Permits the States to impose additional liability or requirements regarding oil discharges within their borders. Retains the rights of the States to maintain a fund for oil pollution compensation. Authorizes States to enforce the financial responsibility requirements of this Act. Requires the President to consult with affected States regarding removal actions.

Title II: Oil Pollution Prevention and Response - Amends the Federal Water Pollution Control Act to require (current law authorizes) the President to arrange for the removal of discharged oil or hazardous substances unless determined that such removal will be done properly and promptly by a State or the owner or operator of the vessel or facility responsible for the discharge. Authorizes the President to order an owner or operator to begin and continue removal actions until determined such actions are no longer necessary.

Requires the President (current law authorizes the United States), in the event of a maritime disaster discharge, to act through an emergency strike force to coordinate and direct all efforts to eliminate the threat posed by such discharge and to ensure compliance with contingency plans. Makes technical amendments to provisions concerning such discharges and requirements of the National Contingency Plan. Authorizes the reimbursement from the Fund of persons required to participate in removal efforts.

Directs the President to establish and maintain an oil spill response team for each region in need of a team and for inland waters to ensure the prompt removal of oil from a worst case discharge. Makes Fund moneys available to maintain such teams.

Requires owners and operators of certain oil facilities and tankers to submit to the President contingency plans for the prevention, containment, and cleanup of oil spills and for the protection of fisheries and wildlife from such spills. Outlines plan requirements and approval procedures. Directs the President to provide for regular inspection of vessels, equipment, and facilities to ensure compliance with such plans. Permits the delegation of the President's approval authority to States. Makes it unlawful to operate a vessel or facility not in compliance with an approved plan.

Directs the President to publish an annual notice of availability of descriptions of such plans and an inventory of equipment available for oil spill responses. Requires biannual practice drills under such plans. Directs the President to: (1) review and report on such drills; and (2) require additional drills and changes in implementation of approved plans, as necessary. Prescribes civil penalties for failure to comply with such plans.

Requires the President to establish a research and development program on scientific and operational aspects of spill prevention, response, containment, and recovery which gives priority to on-water oil recovery and treatment and prevention of loss from and away from vessels. Limits Fund moneys for such program to $25,000,000 annually.

Makes technical amendments to provisions concerning inspection and entry of vessels or facilities from which there is a threat of discharge. Authorizes the Administrator of the Environmental Protection Agency to enter any premises where oil or pollutants are stored to determine the need for, or to effectuate, response actions or to obtain samples of oil or pollutants.

Makes conforming amendments to subject violators of this title to criminal and administrative penalties. Revises civil penalty provisions to require the greater of up to $25,000 per day for discharge violations or up to $1,000 per barrel of oil or hazardous substance. Repeals a provision which prohibits assessment of penalties under more than one provision for the same discharge. Revises provisions concerning penalties for knowing discharges of oil or hazardous substances to subject violators to fines in accordance with the Federal criminal code (currently, fines up to $10,000) or to imprisonment of up to three years (currently, one), or both. Provides for the deposit of certain penalties into the Fund.

Requires the President to report to the Congress within one year after enactment of this Act regarding a study on improved methods for oil discharge prevention in restricted waters.

Directs the Administrator to report biennially to the Congress on the adequacy of the National Contingency Plan and any regulations concerning discharges of oil.

Requires the President to prescribe regulations for the assessment and collection of user fees from owners or operators of tankers or facilities for review and approval of contingency plans, inspection of equipment and personnel, and practice drills.

Title III: Oil Tanker Navigation Safety - Subtitle A: Provisions Applicable Nationally - Directs the Secretary of the Department in which the Coast Guard is operating to require oil tankers operating in pilotage waters subject to U.S. jurisdiction (except when pilotage is provided by a qualified pilot who is also licensed by a State) to have: (1) one deck officer and one lookout on the navigation bridge in addition to the mate and helmsman on watch to assist in navigation, communication, and lookout responsibilities; (2) at least two individuals on board that hold First Class Pilot licenses with endorsements for the waters being transited; and (3) at least one of the personnel required to be on the navigation bridge to record the position of the tanker at least once every six minutes and to make available a nautical chart of such position to the Secretary. Defines "pilotage waters" as waters in which tankers are required to be controlled by First Class Pilots.

Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the adequacy of current regulations in minimizing the risk of oil spills and to determine which additional U.S. waters should be considered as pilotage waters.

Amends the National Driver Register Act of 1982 to authorize applicants for new and renewed merchant seamen licenses and certificates of registry to serve on or operate a commercial vessel to request the chief State driver licensing official to transmit to the Commandant of the Coast Guard information regarding such applicants' motor vehicle driving records.

Prescribes the use of such information by the Commandant. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.

Amends Federal law concerning merchant seaman licenses to authorize the suspension or revocation of such a license if the holder: (1) has been convicted of a serious criminal offense or of certain offenses under the National Driver Register Act of 1982; (2) has had a license to operate a motor vehicle denied, revoked, or suspended; or (3) fails in any way to meet Federal standards for issuance.

Directs the Commandant of the Coast Guard to require applicants for new and renewed merchant mariner's licenses to request the chief State driver licensing official to transmit to the Commandant information regarding such individuals' driving records.

Directs the Secretary to require the periodic, random, and reasonable cause testing for use of alcohol by individuals who perform safety sensitive functions on affected oil tankers. Requires the Secretary to determine whether to require that the Coast Guard be informed whenever an individual who has applied for or received a license to perform such safety functions is undergoing treatment in an alcohol rehabilitation program. Directs the Secretary to temporarily suspend such individual's license if there is probable cause that the individual: (1) has served in such capacity while impaired or under the influence of alcohol; (2) has had a motor vehicle license denied, revoked, or suspended within the previous five years; or (3) has been convicted within the previous five years of certain offenses under the National Driver Register Act of 1982.

Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on U.S. ports in need of new or improved Vessel Traffic Systems (VTS) systems, to be ranked in order of the priority of need. Authorizes the Secretary to establish a system for the collection of payments by users of VTS systems.

Directs the Secretary to determine whether to require that electronic means of vessel position-reporting and identification be carried on board affected oil tankers.

Directs the Secretary to: (1) require affected oil tankers to be equipped with double hulls and bottoms, unless the Secretary determines that such requirements will not enhance navigation safety; and (2) report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on whether limitations on the size or cargo capacity of oil tankers should be imposed to minimize navigation risks or oil spills. Authorizes the Secretary to require other structural or navigational features that are determined to enhance navigation safety.

Establishes a National Council on Oil Spill Technology Research and Development.

Requires the Council to submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries: (1) a bibliography of all existing foreign and domestic research on oil spill containment and cleanup; (2) a report describing the containment and cleanup research and development activities of Federal, State, and local governments, foreign governments and corporations, the academic research community, and industry; and (3) recommendations concerning additional Federal action with respect to such activities. Terminates the Commission after the submission of such report.

Authorizes the Secretary to deny the right to enter, exit, or transit U.S. waters to any affected oil tanker operated in violation of this title. Prescribes civil and criminal penalties for violations of this title.

Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the need to impose user fees to offset the costs of implementing this title.

Subtitle B: Provisions Applicable With Respect to States or Regions - Directs the Secretary to require all affected tankers entering and departing the Port of Valdez, Alaska, to embark and disembark a qualified pilot who is also licensed by the State of Alaska at locations that will ensure that pilotage of such tankers in waters adjacent to Bligh Reef is provided by such pilots. Requires the Secretary to install and ensure operation of an automated navigation light on or adjacent to Bligh Reef to provide effective long-range warning of the reef's location.

Directs the Secretary to: (1) operate such additional equipment, train such personnel, and issue such regulations as are necessary to increase the range of the VTS system in the Port of Valdez to track the locations and movements of oil tankers transiting Prince William Sound and to sound an alarm when such tankers depart from designated routes; and (2) report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the feasibility and desirability of instituting positive control by the Coast Guard on movements of such tankers with the use of the VTS system, telecommunications, and satellite-linked transmitters.

Requires the Secretary of Commerce to establish a Prince William Sound Oil Spill Recovery Institute to be administered by the Secretary through the Prince William Sound Science and Technology Institute and located in Cordova, Alaska. Directs the Institute to conduct research and carry out educational and demonstration projects to: (1) identify and develop the best available techniques and equipment for dealing with oil spills in the arctic and sub-arctic marine environment; and (2) complement Federal and State damage assessment efforts and document and assess the long-term effects of the Exxon Valdez oil spill on Prince William Sound's natural resources, environment, economy, and lifestyle and well-being of the people dependent on such resources.

Directs the Secretary of the Department in which the Coast Guard is operating to issue such regulations as are necessary to ensure that vessels transiting the Mississippi River have the capability to: (1) receive marine navigation safety warnings; and (2) engage in radio communications on designated frequencies with the Coast Guard, other vessels on the Mississippi River, and such stations as may be specified by the Secretary.

Allocates funds for the projects in Alaska and for the Prince William Sound Oil Spill Recovery Institute.

Title IV: Conforming Amendments - Makes conforming amendments to the following Acts: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Clean Water Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act.

Amends the Trans-Alaska Pipeline Authorization Act to abolish the Trans-Alaska Pipeline Liability Fund. Replaces the Trans-Alaska Pipeline Liability Fund and the Deepwater Port Liability Fund with the Oil Spill Compensation Fund of this Act. Makes claims against the Trans-Alaska Pipeline Liability Fund that arise from discharges prior to this Act's enactment enforceable against the Oil Spill Compensation Fund.

Repeals the oil spill liability provisions of the Outer Continental Shelf Lands Act Amendments of 1978 (thereby replacing the Offshore Oil Pollution Compensation Fund under that Act with the Oil Spill Compensation Fund established in this Act).

Title V: Oversight and Monitoring - Oil Terminal Environmental Oversight and Monitoring Act of 1989 - Establishes Oil Terminal Environmental Oversight and Monitoring Demonstration Programs at the Alyeska terminal facilities at Valdez and the Kenai Peninsula in Cook Inlet.

Establishes an Oil Terminal Facilities Operations Association for each Program to: (1) establish policies relating to the operation and maintenance of oil terminal facilities which may affect the environment; and (2) provide a forum between the industrial users, owners and operators, the United States, and the State of Alaska for the discussion and resolution of permits, plans, and site-specific regulations governing terminal facilities.

Establishes: (1) an Oil Terminal Environmental Advisory Council for each Program to advise and make policy recommendations to the Association; (2) a Monitoring Committee to manage a comprehensive monitoring program of the environmental impacts of such facilities' operations; and (3) a Technical Committee to assess the planning for responding to, containing, and cleaning up oil spills.

Limits annual funding for such Programs to $3,000,000. Requires: (1) each Council and Association to report to the President and the Congress on its activities; and (2) the General Accounting Office to report to the President and the Congress on the effectiveness of demonstration programs carried out pursuant to this title.

Title VI: General Provisions - Amends the Outer Continental Shelf Lands Act to increase the amount of civil penalties which may be assessed for violations of such Act. Requires the Secretary of the Interior to adjust such penalties at least every three years to reflect increases in the Consumer Price Index. Authorizes civil penalties to be assessed without regard to the expiration of a period allowed for corrective action if such violations constitute serious, irreparable harm to life, the environment, or mineral deposits.

Directs the Secretary to prevent the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary. Exempts from such requirement the West Delta Field offshore of Louisiana.

Authorizes appropriations to compensate the State of Louisiana and its lessees for net drainage of oil and gas resources as determined in a certain 1989 fact finding study.

Directs the Secretary of State to: (1) review international agreements with Canada to determine whether amendments are necessary to such agreements to resolve questions of recovery of damages in the event of an oil spill in the Great Lakes and to ensure the adequacy of measures to prevent and remedy such spills; and (2) report to the Congress on the results of such review.

Calls upon the Secretary of State and the Canadian Foreign Minister to begin negotiations on a treaty dealing with recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean or a tanker accident during the shipment of oil by sea. Directs the Secretary to report to the Congress no later than January 1, 1990, on efforts to negotiate such treaty.