text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Arctic Marine Shipping Assessment 
  Implementation Act of 2009''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The United States is an Arctic nation with--
                      (A) an approximately 700-mile border with the 
                  Arctic Ocean;
                      (B) more than 100,000,000 acres of land above the 
                  Arctic Circle; and
                      (C) an even broader area defined as Arctic by 
                  temperature, which includes the Bering Sea and Aleutian 
                  Islands.
              (2) The Arctic region of the United States--
                      (A) is home to an indigenous population which has 
                  subsisted for millennia on the abundance in marine 
                  mammals, fish, and wildlife, many of which are unique 
                  to the region;
                      (B) is known to the indigenous population as 
                  Inuvikput or the ``place where we live''; and
                      (C) has produced more than 16,000,000,000 barrels 
                  of oil and, according to the United States Geological 
                  Survey, may hold an additional 30,000,000,000 barrels 
                  of oil and 220,000,000,000,000 cubic feet of natural 
                  gas, making the region of fundamental importance to the 
                  national interest of the United States.
              (3) Temperatures in the United States Arctic region have 
          warmed by 3 to 4 degrees Celsius over the past half-century, a 
          rate of increase that is twice the global average.
              (4) The Arctic ice pack is rapidly diminishing and 
          thinning, and the National Oceanic and Atmospheric 
          Administration estimates the Arctic Ocean may be ice free 
          during summer months in as few as 30 years.
              (5) Such changes to the Arctic region are having a 
          significant impact on the indigenous people of the Arctic, 
          their communities and ecosystems, as well as the marine 
          mammals, fish, and wildlife upon which they depend.
              (6) Such changes are opening new portions of the United 
          States Arctic continental shelf to possible development for 
          offshore oil and gas, commercial fishing, marine shipping, and 
          tourism.
              (7) It is in the interests of the United States to work 
          with the State of Alaska and the United States neighbors in the 
          Arctic region to ensure that shipping in the Arctic Ocean and 
          adjacent seas is safe for mariners, protective of the natural 
          environment, including the air, land, water, and wildlife of 
          the Arctic, and mindful of the needs of longstanding 
          subsistence users of Arctic resources.
              (8) It is in the interests of the United States to ensure 
          that shipping in the Arctic Ocean and adjacent seas is secure, 
          that United States sovereign and security interests, including 
          the freedom of navigation rights of United States and foreign 
          vessels to transit international straits, are respected and 
          protected, consistent with international and customary law, 
          that access is provided throughout the Arctic Ocean for 
          legitimate research vessels of all nations, and that peaceful 
          relations are maintained in the Arctic region.
              (9) It is in the interests of the United States to 
          cooperate to establish a system of international cooperation to 
          support reliable shipping, with methods for joint investment in 
          providing mariners aids to navigation, ports of refuge, vessel-
          to-shore communication, weather and ice forecasting, ship 
          tracking and reporting, hydrographic mapping, and search and 
          rescue capability.
              (10) The United States has continuing research, security, 
          environmental, and commercial interests in the Arctic region 
          that rely on the availability of polar class icebreakers of the 
          Coast Guard that were commissioned in the 1970s and are in need 
          of replacement.
              (11) Sovereign interests of the United States in the Arctic 
          Ocean and Bering Sea regions may grow with submission of a 
          United States claim for an extended continental shelf, pending 
          the United States becoming a party to the United Nations 
          Convention on the Law of the Sea, done at Montego Bay December 
          10, 1982.
              (12) Building new icebreakers, forward operating bases, 
          aids to navigation, and other facilities, and establishing 
          coordinated shipping regulations and oil spill prevention and 
          response capability through international cooperation requires 
          long lead times.
              (13) Beginning such efforts, with the completion of an 
          Arctic Marine Shipping Assessment by the 8-nation Arctic 
          Council, is essential to protect United States interests given 
          the extensive current use of the Arctic Ocean and adjacent seas 
          by vessels of many nations.
  
  SEC. 3. PURPOSE.
  
      The purpose of this Act is to ensure safe, secure, and reliable 
  maritime shipping in the Arctic, including the availability of aids to 
  navigation, vessel escorts, spill response capability, and maritime 
  search and rescue in the Arctic.
  
  SEC. 4. DEFINITIONS.
  
      In this Act, the term ``Arctic'' has the meaning given that term in 
  section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
  4111).
  
  SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS.
  
      It is the sense of Congress that, to carry out the purpose of this 
  Act, the Secretary of State, in consultation with the Secretary of 
  Homeland Security, acting through the Commandant of the Coast Guard, 
  should work to establish agreements to promote coordinated action among 
  the United States, Russia, Canada, Iceland, Norway, and Denmark and 
  other seafaring and Arctic nations with respect to--
              (1) placement and maintenance of aids to navigation in 
          waters of the Arctic;
              (2) improved navigational charts;
              (3) the monitoring of ocean conditions including wind, 
          waves, and currents and the timely reporting of information 
          about ice and weather conditions;
              (4) appropriate icebreaking escort, tug, and salvage 
          capabilities;
              (5) oil spill prevention and response capability;
              (6) maritime domain awareness, including long-range vessel 
          tracking and communications facilities;
              (7) search and rescue; and
              (8) facilities for ship generated waste.
  
  SEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS.
  
      (a) Submission of Report Analysis to Congress.--
              (1) Requirement for submission.--Not later than 90 days 
          following the completion of the High Latitude Polar Ice-
          Breaking Mission Analysis Report, the Commandant of the Coast 
          Guard shall submit to the appropriate committees of Congress--
                      (A) such report; and
                      (B) consistent with section 93(a)(24) of title 14, 
                  United States Code, any recommendations of the 
                  Commandant related to such report.
              (2) Appropriate committees of congress defined.--In this 
          subsection, the term ``appropriate committees of Congress'' 
          means the Committee on Commerce, Science, and Transportation of 
          the Senate and the Committee on Transportation and 
          Infrastructure of the House of Representatives.
      (b) Mission Requirements Analysis.--
              (1) Mission requirements analysis.--Not later than 90 days 
          after the date of the enactment of this Act, the Commandant of 
          the Coast Guard shall, subject to the availability of 
          appropriations, execute a contract with an independent entity 
          to--
                      (A) conduct an analysis of future mission 
                  requirements of the Coast Guard in the Arctic and 
                  Antarctic; and
                      (B) estimate the necessary resources to provide for 
                  such requirements.
              (2) Submission of analysis and estimate.--Not later than 
          120 days after the date that the contract described in 
          paragraph (1) is executed, the analysis and estimate described 
          in subparagraph (A) and (B) of that paragraph shall be 
          submitted to--
                      (A) the appropriate committees of Congress;
                      (B) the Commandant of the Coast Guard; and
                      (C) the Comptroller General of the United States.
              (3) Additional recommendations.--Not later than 90 days 
          after the submission of the analysis and estimate described in 
          paragraph (2)--
                      (A) the Commandant of the Coast Guard shall submit 
                  to the appropriate committees of Congress, consistent 
                  with section 93(a)(24) of title 14, United States Code, 
                  any recommendations of the Commandant related to such 
                  analysis and estimate; and
                      (B) the Comptroller General shall submit to the 
                  appropriate committees of Congress any recommendations 
                  of the Comptroller General related to such analysis and 
                  estimate.
              (4) Appropriate committees of congress defined.--In this 
          subsection, the term ``appropriate committees of Congress'' 
          means--
                      (A) the Committee on Commerce, Science, and 
                  Transportation and the Committee on Homeland Security 
                  and Governmental Affairs of the Senate; and
                      (B) the Committee on Homeland Security and the 
                  Committee on Transportation and Infrastructure of the 
                  House of Representatives.
  
  SEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS.
  
      (a) In General.--Pursuant to sections 4 and 5 of the Ports and 
  Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant 
  of the Coast Guard, in consultation with the appropriate Area Committee 
  established under section 311(j)(4) of the Federal Water Pollution 
  Control Act (33 U.S.C. 1321(j)(4)), shall prepare--
              (1) not later than 2 years after the date of the enactment 
          of this Act, a vessel traffic risk assessment for the Bering 
          Strait, Alaska; and
              (2) not later than 3 years after the date of the enactment 
          of this Act, a vessel traffic risk assessment for the Arctic 
          Ocean waters adjacent to Alaska's North Slope.
      (b) Contents.--A vessel traffic risk assessment, prepared pursuant 
  to subsection (a), shall describe for the Bering Strait or the Arctic 
  Ocean, as appropriate--
              (1) the amount and character of present and estimated 
          future shipping traffic in the region; and
              (2) the current and projected use and effectiveness in 
          reducing risk of--
                      (A) traffic separation schemes and routing 
                  measures;
                      (B) long-range vessel tracking systems developed 
                  under section 70115 of title 46, United States Code;
                      (C) towing, response, or escort tugs;
                      (D) vessel traffic services;
                      (E) emergency towing packages on vessels;
                      (F) increased spill response equipment including 
                  equipment appropriate for severe weather and sea 
                  conditions;
                      (G) the automatic identification system developed 
                  under section 70114 of title 46, United States Code;
                      (H) particularly sensitive sea areas, important 
                  ecological areas, areas to be avoided, and other 
                  traffic exclusion zones;
                      (I) aids to navigation;
                      (J) vessel response plans, facility response plans, 
                  any other response plans that the Secretary deems 
                  necessary; and
                      (K) area contingency plans and the effectiveness of 
                  the several response plans to support an area 
                  contingency plans.
      (c) Recommendations.--
              (1) In general.--An assessment, prepared pursuant to this 
          section, may include any appropriate recommendations to enhance 
          the safety and security, or lessen potential adverse 
          environmental impacts, of marine shipping.
              (2) Consultation.--Prior to making any recommendation 
          described in paragraph (1), the Commandant of the Coast Guard, 
          acting through the appropriate Area Committee established under 
          section 311(j)(4) of the Federal Water Pollution Control Act 
          (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, 
          State, and local government agencies, representatives of the 
          fishing industry, Alaska Natives from the region, the 
          conservation community, and the merchant shipping and oil 
          transportation industries.
  
  SEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE.
  
      (a) Consultation and Determination.--Not later than 1 year after 
  the date of the enactment of this Act, the Commandant of the Coast 
  Guard shall consult with the Secretary of the Army to determine the 
  viability of and the improvements necessary to make the harbor at St. 
  George Island, Alaska, a fully functional harbor of refuge throughout 
  the year to enhance safety of life at sea and protection from oil 
  pollution in the Central Bering Sea.
      (b) Completion of Harbor.--Not later than 3 years after the date of 
  the enactment of this Act, the Secretary of the Army shall complete the 
  harbor at St. George Island, Alaska, including the improvements 
  determined under subsection (a) and any engineering design needed for 
  safe navigation.
  
  SEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.
  
      (a) Study.--
              (1) In general.--The Commandant of the Coast Guard shall 
          conduct a study on the feasibility and potential of 
          establishing a deep water sea port in the Arctic to protect and 
          advance strategic United States interests within the evolving 
          and ever more important Arctic region.
              (2) Scope.--The study required under paragraph (1) shall 
          address the following issues:
                      (A) The capability that such a port would provide.
                      (B) Potential and optimum locations for such a 
                  port.
                      (C) Resources needed to establish such a port.
                      (D) The time frame needed to establish such a port.
                      (E) The infrastructure required to support such a 
                  port.
                      (F) Any other issues the Secretary determines 
                  necessary to complete the study.
      (b) Report.--Not later than 1 year after the date of the enactment 
  of this Act, the Secretary of Defense shall submit to the congressional 
  defense committees a report on the findings of the study conducted 
  under subsection (a).
  
  SEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES.
  
      Notwithstanding any other provision of law, the Director of the 
  National Science Foundation shall transfer all amounts provided 
  pursuant to any Act for the procurement of polar icebreaking services 
  to the United States Coast Guard Appropriation Accounts, and such 
  amounts shall remain available until expended for operating expenses, 
  renovation, and improvement.
  
  SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) In General.--There are authorized to be appropriated to the 
  Secretary of Homeland Security--
              (1) $40,000,000 in fiscal year 2011 for the design of a new 
          polar class icebreaker;
              (2) $800,000,000 for each of fiscal years 2011 and 2012 for 
          the construction of 2 polar capable icebreakers;
              (3) $5,000,000 for each of fiscal years 2011 through 2015 
          for seasonal operations in the Arctic;
              (4) $10,000,000 for each of fiscal years 2012 through 2015 
          to carry out any agreements referred to in section 5;
              (5) $4,000,000, to remain available until expended, for a 
          vessel traffic risk assessments to be conducted pursuant to 
          section 7; and
              (6) $100,000,000 in each of the fiscal years 2011 through 
          2013 for the construction of forward operating bases, including 
          aircraft hangar, bunk and mess facilities in Barrow, Nome, and 
          Saint Paul Island, Alaska.
      (b) Hydrographic Services.--Section 306 of the Hydrographic 
  Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding 
  at the end the following new paragraphs:
              ``(7) To acquire hydrographic data, provide hydrographic 
          services, and conduct coastal change analyses necessary to 
          ensure safe navigation, and to improve the management of 
          coastal change in the Arctic, $10,000,000 for each of fiscal 
          years 2011 and 2012.
              ``(8) To acquire hydrographic data and provide hydrographic 
          services in the Arctic necessary to delineate the United States 
          extended continental shelf, $5,000,000 for each of fiscal years 
          2011 and 2012.''.
target: Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic.
  
   Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it; (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic; and (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope.
  
   Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation.
  
  Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance U.S. strategic interests within the Arctic region.
  
  Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement.
  
  Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska; and (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic.
feat_title: A bill to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic, and for other purposes.