S.395 (as passed by Congress and signed by the President into law)
          One Hundred Fourth Congress
          of the
          United States of America
          AT THE FIRST SESSION
          Begun and held at the City of Washington on Wednesday,
          the fourth day of January, one thousand nine hundred and ninety-five
          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.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
             TITLE I--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.
            (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 (1) of subsection (a) of this
          section shall cease to apply to such portion.
            (c) REVIEW- (1) 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;
                (2) 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) 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), 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
          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
          evaluating 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) 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 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--OUTER CONTINENTAL SHELF DEEP WATER ROYALTY RELIEF
          SEC. 301. SHORT TITLE.
            This title may be referred to as the `Outer Continental Shelf 
          Deep Water Royalty Relief 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. 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 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.
            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.
            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.
            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.
            (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) 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.
          Speaker of the House of Representatives.
          Vice President of the United States and  
          President of the Senate.