LEGAL BEATThe Coast Guard’s resources are limited by competing missions and declining budgets. One of the key challenges facing the Congress is whether to fund the Coast Guard to build new icebreakers. Already, the Rus-sian Federation has committed to building a new ? eet of nuclear-powered icebreakers. Yet, Congress has withheld funds for a new Coast Guard icebreaker and some have even called for the Coast Guard to lease an icebreaker from the private sector. The cost to build new polar icebreakers is estimated at $1 billion each, but the long-term cost of not providing this vital platform will be measured in the tens of billions.Resources for the Arctic life. Polar Star, commissioned in 1976, maritime domain awareness or knowl- TIC: Kerry names 2 top-level advisers While the State Department has the was placed in caretaker status on July 1, edge of what is happening in the Arctic. for region”). lead policy role for the Arctic and Secre- 2006, but Congress provided $57M to This is one of the Coast Guard’s key Both advisers will bring a wealth of tary of State Kerry will chair the Arctic repair the ship and she was returned to missions in the Arctic as the lead for this knowledge and experience to these is-Council next year, it is the U.S. Coast service in the Antarctic last year in sup- activity in the Administration. The Sen- sues. They will also be critical to provid-Guard that has the primary responsibil- port of NSF missions there. Due to an ate’s Coast Guard authorization bill di- ing policy advice to Secretary Kerry as ity for patrolling the Arctic and protect- engine failure, the Polar Sea was placed rects the establishment of an Interagency he gets ready to chair the Arctic Council ing U.S. shipping and maritime interests in inactive status in 2011. Arctic Maritime Domain Awareness next year.there. The Coast Guard also has the role Congress is still debating what to do Committee (Section 206 of S. 2444). At We can only hope that, with their of responding to any future oil spills in about the Polar Sea. In the Coast Guard a recent Senate markup of the defense leadership and the leadership of key the Arctic. A number of U.S. companies and Maritime Transportation Act of appropriations bill for FY 2015, $5 mil- members of Congress, the U.S. will be have expressed interest in drilling in the 2012 (P.L. 112-213), Congress directed lion was added to the defense budget for better prepared to pursue rati? cation of Arctic, but none have done so to date. the Coast Guard to conduct a business DARPA for Arctic Domain Awareness the Law of the Sea Convention and to The main missions of the Coast Guard case analysis of the options for and programs. provide the resources needed to man-in the Arctic are described in its Arctic costs of reactivating the Polar Sea un- The Senate DARPA funding increases age and protect its interests in the Arctic. Strategy of May 2013. http://www.uscg. til September 20, 2022. In this year’s raises the valid question, also raised by The Congressional actions noted above mil/seniorleadership/DOCS/CG_Arc- Coast Guard bill, the House continues ADM Papp in talking to reporters fol- are mere band-aids and fail to begin to tic_Strategy.pdf. to press the Coast Guard to provide an lowing his ? nal State of the Coast Guard address substantively the solutions re-But, the Coast Guard’s resources are analysis of the cost effectiveness of ac- address in Washington, DC, on February quired to address the national interest limited by competing missions and de- quiring or leasing new icebreaker assets. 27, 2014 – who should pay for the U.S. of the U.S. The U.S.’ strategic and eco-clining budgets. One of the key chal- (H.Rept. 113-384). At the recent House polar icebreakers? Papp answered this nomic interests in the Arctic are too great lenges facing the Congress is whether T&I Committee hearing, above, VADM question by saying “[t]he Coast Guard for the nation to continue to fail to come to fund the Coast Guard to build new Neffenger stated that the Coast Guard is shouldn’t bear the full brunt of the cost to grips with both the legal and opera-icebreakers. Already, the Russian Fed- still studying the issue of the reactivation of the icebreaker because it serves the tional requirements of protecting those eration has committed to building a new of the Polar Sea. The Coast Guard has entire country not just the United States interests, and we will have squandered ? eet of nuclear-powered icebreakers. also made clear that there is no room in Coast Guard” (as reported by USNI our opportunity to do so if Congress and Yet, Congress has withheld funds for a the existing Coast Guard budget to fund News Editor on February 27, 2014). The the Administration do not act soon.new Coast Guard icebreaker and some a new icebreaker without cannibalizing capability is needed for defense as well have even called for the Coast Guard to other high priority missions. as other purposes and the Coast Guard lease an icebreaker from the private sec- In the meantime, the House Appro- should not be the only agency whose tor. The cost to build new polar icebreak- priations Committee deleted $6 million budget is tapped for this capability. The Authorsers is estimated at $1 billion each, but the requested by the Coast Guard to con-long-term cost of not providing this vital tinue design work on a new icebreaker New Advisors for the ArcticJoan M. Bondareff is an Of Counsel at platform will be measured in the tens of because the Coast Guard has carryover On July 16, 2014, Secretary of State Blank Rome. She focuses her practice billions. funds. At the same time, the Senate Ap- Kerry named two top of? cials to advise on marine transportation, environmen-The Coast Guard has two heavy polar propriations Subcommittee for the De- him on Arctic issues. This may have tal, and legislative issues. icebreakers and one medium icebreaker. partment of Homeland Security which been partly in response to calls from e: Bondareff@BlankRome.com(The status of these ships is described includes the Coast Guard included the certain Members of Congress, e.g., Con-in detail in a June 5, 2014 report by the $6 million request and added $8 million gressman Larsen (D-WA), to have a spe-James Ellis is a retired partner from Congressional Research Service, entitled to reactivate the Polar Sea. These differ- cial envoy to the Arctic. ADM Papp will Blank Rome who specialized in maritime “Coast Guard Polar Icebreaker Mod- ences will have to be worked out in any serve as the ? rst special representative to matters. He was the former chief legal ernization: Background and Issues for conference at the end of the year. If there the Arctic. Fran Ulmer, who presently counsel for the Coast Guard in Alaska Congress.”) The heavy icebreakers are is only a Continuing Resolution, no new leads the U.S. Arctic Research Commis-and the former Department of Transpor-the Polar Star and the Polar Sea – both funds will be provided for this project sion, and was a former Alaskan Lieuten-tation representative to the Law of the built by Lockheed Shipbuilding of Se- and the status quo will be maintained. ant Governor, will be his special adviser Sea Conference. attle, WA in the early 1970s. Both ships Another key goal of the Coast Guard on Arctic science and policy(as reported ellis-j@blankrome.comare now beyond their expected 30-year and the U.S. in the Arctic is to maintain in Greenwire on July 17, 2014: “ARC-26 Maritime Reporter & Engineering News • SEPTEMBER 2014MR #9 (26-33).indd 26 MR #9 (26-33).indd 26 9/3/2014 9:52:23 AM9/3/2014 9:52:23 AM