http://www.deepwaterhorizonresponse.com/posted/2931/MARAD_revised_Jones_Act_Fact_Sheet.670991.pdf Press Briefing by National Incident Commander June 25, 2010
http://www.deepwaterhorizonresponse.com/go/doc/2931/712211/Q: Admiral, thanks for taking my call. Whatever came of the idea to have the Navy provide skimmers to this effort? And have you guys waived the Jones Act? And if so, where are the foreign vessels?
ADMIRAL ALLEN: Carol, at the outset of this event, we went to the Navy supervisor of salvage and asked for any oil skimming capability they had that they could give to us. The supervisor of salvage is the one that contains most of the Navy's skimming and booming response capability, and they worked with us on many of these large spill responses. And they, in effect, at that point, released all their strategic stockpiles of boom and skimming equipment to us.
The discussions we are having with the Navy and other folks right now is the availability of skimmers that are on standby because they might be needed for a spill someplace else and how we might go about assessing the availability of those resources. So I would separate out the resources that the Navy had that they've already given to us and the discussions we're having across the entire country where we have equipment that's out there as a requirement—legal requirement to cover spill response of those areas and how we might free those up, and that's a work in progress inside the administration right now.
And what was your second question, Carol? I missed it.
Q: Sir, about the Jones Act, has this been waived? And if so, where are the foreign vessels?
ADMIRAL ALLEN: Oh, there are a lot of foreign vessels operating offshore, Carol. The Jones Act—we have had no request for Jones Act waivers. If the vessels are operating outside state waters, which is three miles and beyond, they don't require a waiver. All that we require is an Affirmation of Reciprocity, so if there ever was a spill in those countries and we want to send skimming equipment, that we would be allowed to do that, as well, and that hasn't become an issue yet, either.
To the extent that there is a waiver required and they come to us, we're more than happy to support it in making that request to CBP. But to date, since they're operating outside three miles, no Jones Act waiver has been required.
In fact, much international help has been accepted.
http://factcheck.org/2010/06/oil-spill-foreign-help-and... /
Q: Did Obama turn down foreign offers of assistance in cleaning up the Gulf oil spill? Did he refuse to waive Jones Act restrictions on foreign-flag vessels?
A: No to both questions. So far, five offers have been accepted and only one offer has been rejected. Fifteen foreign-flag vessels are working on the cleanup, and none required a waiver.
http://www.state.gov/documents/organization/143488.pdf XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
At least I think it is legit and there are more Questions and answers posted at the site.
"HAS THE JONES ACT RESULTED IN FOREIGN VESSELS, PARTICULARLY FOREIGN SKIMMING VESSELS, BEING TURNED AWAY?
The National Incident Command (NIC) says there has been "no case" where an offer of foreign assistance has been declined because of the Jones Act. In fact, the U.S. State Department has said that " number of offers of assistance have been accepted," including Mexican skimmers, Norwegian skimming systems and other assets from Canada, Germany, and the Netherlands. The Jones Act does not even apply to skimming operations outside of 3 miles from shore. Oil skimming outside 3 miles, including near the well 50 miles from shore that is the source of the leak, is completely open to foreign oil spill response vessels. That is where the vast majority of skimming has occurred so far.
IF THE JONES ACT IS NOT THE PROBLEM, WHY ARE SOME PEOPLE BLAMING IT FOR DELAYS IN THE OIL SPILL CLEAN-UP?
People are frustrated considering the catastrophic nature of the Gulf spill. Some Americans do not understand the Jones Act and think it may be an impediment to the cleanup, but it is not. The law does not even affect most of the spill clean-up and is designed to allow, in emergency situations like the Gulf oil spill, the use of foreign ships when no American vessel is available. The system works, and American law is particularly flexible in temporarily allowing the use of foreign oil spill response vessels, like skimmers, when necessary.
Information Provided by:
Maritime Cabotage Task Force
1601 K Street NW
Washington, DC 20006-1600
Phone:
Fax: 202-778-9100
Email:
[email protected] "