Oil Pollution Act of 1990

Oil Pollution Prevention, Removal, Liability, and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act.

Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit between $8,000,000 and $75,000,000. Requires the Secretary to report to the Congress from time to time regarding liability adjustments.

Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period.

Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; or (3) a foreign government. Sets forth recovery and indemnification procedures. Directs the Under Secretary of Commerce for Oceans and Atmosphere to promulgate damage assessment regulations.

Declares that a person liable for oil discharge damages is also liable to the United States for a civil penalty for any irreparable natural damages.

Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages.

Requires the party responsible for certain vessels (including those over 300 gross tons) to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or have their oil cargo seized.

Subjects offshore facilities to the same financial responsibility requirements. Imposes a civil penalty for failure to comply with the financial responsibility requirement.

Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution.

Title II: Conforming Amendments - Amends the Trans-Alaska Pipeline Authorization Act to restrict its liability provisions to oil spills in the State of Alaska occurring from the pipeline. Applies this Act to oil spilled into U.S. navigable waters. Repeals the liability provisions relating to oil discharges from vessels loaded at pipeline terminal facilities. Requires a pro rata rebate to oil owners of any amounts remaining in the Trans-Alaska Pipeline Liability Fund after all claims are paid.

Amends the Intervention on the High Seas Act to make the Oil Spill Liability Trust Fund available to the Secretary for certain actions taken under such Act.

Amends the Federal Water Pollution Control Act to mandate a four-team strike force under the National Contingency Plan and to make the Oil Spill Liability Trust Fund available to a State affected by an oil discharge.

Establishes a maximum civil penalty for each day of noncompliance with the President's administrative order regarding an oil spill (including an assessment three times the removal costs or damages incurred by the Oil Spill Liability Trust Fund for a person's noncompliance with such order).

Amends the Deepwater Port Act to make conforming amendments and to transfer any remaining amounts in the Deepwater Port Liability Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund.

Amends the Outer Continental Shelf Lands Act to make conforming amendments and to transfer any remaining amounts in the Offshore Oil Spill Compensation Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund.

Increases the criminal penalty for failure to report an oil discharge from one year to three years imprisonment.

Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions.

Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States.

Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention.

Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes.

Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.

Title IV: Prevention and Removal of Oil and Hazardous Substance Discharges - Subtitle A: General - Sets forth definitions.

Subtitle B: Prevention - Amends Federal maritime law to prohibit the Secretary of Transportation from issuing either maritime licenses, certificates of registry, or merchant mariner's documents, unless the applicant makes his National Driver Register record available to the Secretary. Requires the Secretary to review each applicant's criminal record. Declares certificates of registry and merchant mariner's documents valid for five-year periods only, renewable for additional five-year periods. Requires the Secretary to review the criminal record of license renewal applicants. Sets forth circumstances under which licenses, certificates of registry, and merchant mariner's documents must be suspended or revoked by the Secretary due to drug or alcohol abuse, or for certain motor vehicle offenses.

Sets forth circumstances under which the master or individual in charge of a vessel may be removed by the two most senior vessel members for intoxication due to drug or alcohol abuse.

Amends the National Driver Register Act of 1982 to prohibit information regarding an individual's driving record from being transmitted to the Secretary if it was entered more than five years before the request date (unless it relates to suspensions still in effect on the request date).

Amends Federal maritime law to set forth circumstances under which foreign vessels must be prohibited from entering the United States if the foreign country which issued the vessel documentation does not enforce vessel standards at least equivalent to U.S. law or customary international law.

Amends the Ports and Waterways Safety Act to mandate that appropriate vessels participate in the vessel traffic service systems. Prohibits the Secretary from constructing, improving, or operating a vessel traffic service system unless funds for such activities were obligated prior to enactment of such Act.

Amends Federal maritime law to permit a State to: (1) require a tanker whose Federal pilot's license is not endorsed for pilotage in its waters to take a State-licensed pilot; and (2) levy pilot charges on a tanker using a State-licensed pilot. Provides that a vessel member may serve as pilot on undesignated Great Lakes waters if the member is a citizen of either the United States or Canada and holds either a Federal license or an equivalent Canadian license. Increases the civil penalties for violations of the Great Lakes pilotage requirements.

Requires the Secretary to report to certain congressional committees the results of a study regarding the adequacy of existing navigation safety laws for vessels transporting oil and hazardous substances on navigable waters and in the exclusive economic zone.

Requires the Secretary of the Army to report to the Congress within a specified deadline the results of a feasibility study regarding modifying dredges to make them usable in removing discharges of oil and hazardous substances.

Requires the President to report to the Congress the results of a study regarding the use of liners or other secondary containers for oil leak prevention at onshore bulk oil storage facilities.

Subtitle C: Removal - Amends the Federal Water Pollution Control Act to: (1) direct the President to ensure an effective and immediate removal of oil or hazardous substance discharges in accordance with the National Contingency Plan; and (2) authorize the President to direct Federal, State, and private sector actions for discharge or discharge threat removal.

Directs the President to: (1) designate (and periodically review) areas for which new or improved local contingency plans for oil or hazardous substance discharge responses must be prepared; (2) require vessel and facilities operators to prepare oil transportation contingency plans in accordance with the National Contingency Plan; (3) require periodic inspection of major oil or hazardous substance discharge removal equipment; and (4) conduct periodic removal capability drills which include participation by Federal, State, and local agencies, vessel and facilities operators, and private industry.

Amends the Federal Water Pollution Control Act to mandate the establishment of Federal oil and hazardous substances strike teams which include at least seven regional strike teams continuously available to implement the National Contingency Plan.

Requires the Secretary of Transportation to ensure that Coast Guard oceangoing and coastal buoy tender replacements are equipped with readily operable oil skimming systems.

Mandates that the National Contingency Plan include a national computerized inventory of all public and private oil or hazardous substance discharge removal equipment and resources.

Directs the President to establish and report annually to the Congress regarding a comprehensive oil pollution research and development program. Authorizes appropriations.

Subtitle D: Penalties - Amends the Federal Water Pollution Control Act to increase the civil penalties for oil or hazardous substance discharge violations to a $5,000,000 maximum. Increases the criminal penalties for maritime operations to conform with the Federal criminal code, including a maximum ten-year imprisonment under the Ports and Waterways Safety Act.

Title V: Prince William Sound Oil Spill Removal - Prince William Sound Oil Spill Removal Act of 1989 - Mandates that: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within designated areas of Prince William Sound be escorted by at least one towing vessel; and (2) federally licensed pilots who are licensed by the State of Alaska be used for all tank vessels navigating between the Port of Valdez, Alaska, and a point in Prince William Sound south of Bligh Reef.

Directs the Secretary to prepare within four months after the date of enactment of this Act a plan modifying the surveillance coverage for the vessel traffic service system in Prince William Sound. Mandates that: (1) specified oil spill containment and cleanup equipment be prepositioned in certain locations within the Prince William Sound boundaries; (2) oil spill removal personnel be established at specified locations in Prince William Sound to respond immediately to an oil discharge; (3) tankers operating in Prince William Sound have the appropriate materials on board to respond quickly to an oil discharge; (4) oil discharge practice exercises take place bi-annually; and (5) oil discharge equipment be periodically tested and certified by the Secretary.

Directs the Under Secretary for Oceans and Atmosphere to expend specified sums for FY 1990 through 1992 to conduct living marine resource damage assessments and to monitor the effects of the Exxon Valdez oil discharge upon living Arctic marine resources.

Requires the Secretary of Transportation to report to certain congressional committees regarding certain oil pollution exercises conducted during the operation of the Trans-Alaska Pipeline.

Title VI: Miscellaneous - Authorizes the Secretary to waive certain navigation and safety laws (relating to vessel inspection and regulation, load lines, manning, and documentation) if the waiver is needed in a crisis concerning either a discharge or the national defense. Declares that such waiver: (1) is limited for a specified period not exceeding one year; (2) is nonrenewable; and (3) terminates when qualified individuals or vessels are available.

Title VII: Research and Development - Establishes the Interagency Coordinating Committee on Oil Pollution Research to coordinate a comprehensive oil pollution research, development, and demonstration program with the public and private sector (including other nations), and to foster joint funding of such research. Directs the Committee to: (1) submit to the Congress within a specified deadline a research implementation plan; and (2) coordinate the establishment of an oil pollution research and development program.

Sets forth the research program's objectives, which include: (1) innovative technology for oil discharge prevention and mitigation, as well as environmental protection; (2) an oil pollution technology evaluation; (3) environmental effects of oil discharges; (4) a ten-year comprehensive monitoring and research program to determine long-term environmental effects of oil discharges by specified tankers; and (5) geographic and vessel response simulation models using updated data bases.

Authorizes Federal agencies represented on the Interagency Committee to enter into contracts with and make grants to research enterprises.

Directs the Interagency Committee to coordinate with other nations and foreign research entities in conducting oil pollution research and demonstration activities. Directs the Interagency Committee Chairman to report its activities annually to the Congress. Earmarks a specified amount out of the Fund for oil pollution research and development.

Mandates the establishment of at least three regional centers to: (1) address issues specific to certain geographic regions and climates; and (2) design and implement a research program and strategy for dealing with major oil spills and related environmental damage for each region. Mandates that at least one of the regional centers demonstrate expertise in marine and atmospheric research, as well as multidisciplinary strengths in geology and chemistry, and that it be located in the southernmost Southeastern United States in closest proximity to a living coral reef.

Authorizes appropriations for FY 1990 through 1994.