89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–582 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3534) TO PROVIDE 

GREATER EFFICIENCIES, TRANSPARENCY, RETURNS, AND ACCOUNTABILITY IN THE ADMINISTRATION OF FEDERAL MINERAL AND ENERGY 

RESOURCES BY CONSOLIDATING ADMINISTRATION OF VARIOUS FEDERAL ENERGY MINERALS MANAGEMENT AND LEASING PROGRAMS 

INTO ONE ENTITY TO BE KNOWN AS THE OFFICE OF FEDERAL ENERGY 

AND MINERALS LEASING OF THE DEPARTMENT OF THE INTERIOR, AND 

FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE 

BILL (H.R. 5851) TO PROVIDE WHISTLEBLOWER PROTECTIONS TO CERTAIN WORKERS IN THE OFFSHORE OIL AND GAS INDUSTRY 

JULY 30 (Legislative day of JULY 29), 2010.—Referred to the House Calendar and 

ordered to be printed 

Ms. PINGREE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1574] 

The Committee on Rules, having had under consideration House 

Resolution 1574, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3534, the ‘‘Consolidated Land, Energy, and Aquatic Resources Act of 2009,’’ and 

H.R. 5851, the ‘‘Offshore Oil and Gas Worker Whistleblower Protection Act of 2010.’’ 

The resolution provides a structured rule for consideration of 

H.R. 3534. The resolution provides one hour of general debate with 

40 minutes equally divided and controlled by the chair and ranking 

minority member of the Committee on Natural Resources and 20 

minutes equally divided and controlled by the chair and ranking 

minority member of the Committee on Transportation and Infrastructure. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule 

XXI. 

The resolution provides that in lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources printed in the bill, the amendment in the nature of a substitute printed in part A of this report shall be considered as an 

original bill for the purpose of amendment and shall be considered 


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as read. The resolution waives all points of order against the 

amendment in the nature of a substitute printed in part A of this 

report except those arising under clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule 

XXI (regarding earmark disclosure). 

The resolution further makes in order only those amendments 

printed in part B of this report. The amendments made in order 

may be offered only in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report 

equally divided and controlled by the proponent and an opponent, 

shall not be subject to amendment, and shall not be subject to a 

demand for division of the question. All points of order against the 

amendments printed in part B of this report are waived except 

those arising under clause 9 or 10 of rule XXI. The rule provides 

one motion to recommit with or without instructions. 

The resolution provides that the Chair may entertain a motion 

that the Committee rise only if offered by the chair of the Committee on Natural Resources or a designee. The resolution provides 

that the Chair may not entertain a motion to strike out the enacting words of the bill. 

The resolution also grants a closed rule for consideration of H.R. 

5851, the ‘‘Offshore Oil and Gas Worker Whistleblower Protection 

Act of 2010.’’ The resolution provides one hour of debate equally divided and controlled by the chair and ranking minority member of 

the Committee on Education and Labor. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. The 

resolution provides that the amendment printed in part C of this 

report shall be considered as adopted. The resolution provides that 

the bill, as amended, shall be considered as read. The resolution 

waives all points of order against provisions of the bill, as amended. This waiver does not affect the point of order available under 

clause 9 of rule XXI (regarding earmark disclosure). The resolution 

provides one motion to recommit with or without instructions. 

The resolution provides that in the engrossment of H.R. 3534, 

the Clerk shall add the text of H.R. 5851, as passed by the House, 

as new matter at the end of H.R. 3534. Finally, upon the addition 

of the text of H.R. 5851 to the end of H.R. 3534, H.R. 5851 shall 

be laid on the table. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 3534 (except those arising under clause 9 or 10 of 

rule XXI) and all points of order against the amendment in the nature of a substitute (except those arising under clause 10 of rule 

XXI), the Committee is not aware of any points of order. The waivers of all points of order are prophylactic. 

Although the resolution waives all points of order against consideration of H.R. 5851 (except those arising under clause 9 or 10 of 

rule XXI), the Committee is not aware of any points of order. The 

waiver is prophylactic. The waiver of all points of order against 

provisions in the bill, as amended, is prophylactic in nature. 


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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 483 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Mr. Dreier. 

Summary of motion: To report open rules for H.R. 3534 and H.R. 

5851. 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 484 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Scalise (LA) and Rep. Kline 

(MN) and Rep. Murphy (PA) and Rep. Wilson (SC) and Rep. Latta 

(OH) and Rep. Boustany Jr. (LA) and Rep. Barton (TX) and Rep. 

Shimkus (IL) and Rep. Blunt (MO) and Rep. Fleming (LA) and 

Rep. Upton (MI) and Rep. Sullivan (OK) and Rep. Griffith (AL) and 

Rep. Bishop (UT) and Rep. Brady (TX) and Rep. Burgess (TX) and 

Rep. Melancon (LA) and Rep. Rohrabacher (CA) and Rep. Jordan 

(OH) and Rep. Buyer (IN) and Rep. Shadegg (AZ) and Rep. 

Neugebauer (TX) and Rep. Hall (TX) and Rep. Alexander (LA) and 

Rep. Nunes (CA) and Rep. Pitts (PA) and Rep. Broun (GA) and 

Rep. Issa (CA) and Rep. Conaway (TX) and Rep. Lamborn (CO) and 

Rep. Paul (TX) and Rep. Whitfield (KY) and Rep. Coffman (CO) 

and Rep. Poe (TX) and Rep. Thompson (PA) and Rep. Gohmert (TX) 

and Rep. Burton (IN) and Rep. Olson (TX) and Rep. Capito (WV) 

and Rep. Thornberry (TX) and Rep. Cassidy (LA) and Rep. 

Culberson (TX) and Rep. Cao (LA) and Rep. Graves (GA) and Rep. 

Franks (AZ) and Rep. Green (TX) and Rep. Gingrey (GA) and Rep. 

Price (GA) and Rep. Harper (MS) and Rep. Smith (TX) and Rep. 

Myrick (NC) and Rep. Bartlett (MD) and Rep. Brown Jr. (SC) and 

Rep. Rehberg (MT), #74, which would terminate the effect of (1) 

moratorium in the MMS Notice to Lessees No. 2010–N04 dated 

May 30, 2010, (2) Interior Secretary memorandum dated July 12, 

2010, and (3) any suspension of operations issued in connection 

with the moratorium or memorandum. 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 485 

Date: July 29, 2010. 


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Measure: H.R. 3534 and H.R. 5851. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Salazar (CO), #26, which would 

strike titles II-VIII of the bill. 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 486 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Cassidy (LA) and Rep. Fleming 

(LA), #2, which would terminate moratoriums on offshore drilling. 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 487 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lamborn (CO), #20, which 

would strike section 802, which gives the Secretary of Interior the 

ability to impose a conservation fee of $2 per barrel of oil for production from all new and existing federal onshore and offshore 

leases. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Yea; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 488 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Cassidy (LA), #70, which would 

establish an independent, bipartisan National Commission on 

Outer Continental Shelf Oil Spill Prevention with expertise in petroleum engineering, oil and gas production, rig safety and environmental protection. The Commission would investigate the Deepwater Horizon oil spill and make recommendations to improve the 

safety of offshore energy production. 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; PinVerDate Mar 15 2010 08:47 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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gree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 489 

Date: July 29, 2010. 

Measure: H.R. 3534 and H.R. 5851. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lummis (WY) and Rep. Herger 

(CA), #65, which would remove authority for regulating onshore oil, 

gas and mineral resources from the Bureau of Energy and Resource Management, and the Bureau of Safety and Environmental 

Enforcement. Onshore federal land resource management will remain in the jurisdiction of the Bureau of Land Management (BLM). 

Results: Defeated 3–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; Foxx—Yea; 

Slaughter—Nay. 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART

A CONSIDERED AS AN ORIGINAL BILL

Amendment in the nature of a substitute that combines provisions of H.R. 3534, the ‘‘Consolidated Land, Energy, and Aquatic 

Resources Act of 2009,’’ and H.R. 5629, the ‘‘Oil Spill Accountability 

and Environmental Protection Act of 2010.’’ 

SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

1. Rahall (WV): (1) Makes a technical change. (2) Strikes ‘‘biomass’’ from the Renewable Energy Resource definition. (3) Clarifies 

that the Secretary of the Interior may enter into cooperative education and training agreements with safety training firms in establishing the National Oil and Gas Health and Safety Academy. (4) 

Clarifies that the Secretary is permitted to consult with industry 

representatives regarding training program curricula, but is not 

authorized to utilize industry representatives as instructional personnel for the trainings. (5) Imposes civil penalties on CEO’s who 

certify to false information about a company’s capability to prevent 

or contain an oil spill. (6) Establishes a Citizen’s Advisory Committee composed of non-energy industry individuals to assist the 

Gulf Coast Restoration Task Force in its work. (7) Clarifies that 

the Regional Assessment and Regional Strategic Plan created by 

the Great Lakes Regional Coordination Council shall include only 

renewable and not non-renewable energy resources. (8) Ensures 

that Gulf residents would have the right of first refusal for processing the claims filed due to the oil spill. (9) Replaces the requirement for dispersant manufacturers to disclose their product’s chemical formula with a requirement to disclose dispersant products’ ingredients. (10) Provides that discharges resulting from salvage activities consistent with the National Contingency Plan or as directed by the President are exempt from liability under the Federal 

Water Pollution Control Act. (11) Requires redundancy in accident 

and spill response plans as part of the permitting process under 

the Outer Continental Shelf Lands Act. (12) Authorizes a study of 

the economic, safety, and environmental impacts of requiring a reVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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lief well be drilled in tandem with the drilling of some or all wells. 

(13) Requires the GAO to complete a study to determine whether 

the reforms to the Department of Interior mandated in this legislation have increased oversight and decreased conflicts of interest 

within the department. (14) Includes in the Environmental Study 

an analysis of the cumulative impact of drilling on the Outer Continental Shelf. (15) Requires oil and gas companies to pay royalties 

on all oil that is discharged from a well, including spilled oil. (16) 

Directs GAO to study the impact of assessing a fee on the processing of oil and gas leases and using the proceeds to fund the 

gathering of baseline environmental data necessary for the permitting process. (17) Directs the Secretary of the Interior to arrange 

with the National Academy of Engineering to study and report to 

the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases 

of federal lands would be improved by implementing certain prescribed measures. (18) Amends the liability provisions in the Oil 

Pollution Act to protect claimants from signing broad liability releases, and to clarify that the new cause of action under OPA for 

damages to human health does not supersede remedies under other 

federal law. (20 minutes) 

2. Castle (DE): Would ensure there is no delay in the development of ocean renewable energy resources, including offshore wind, 

in the establishment of the new Bureau of Energy and Resource 

Management. (10 minutes) 

3. Kind (WI), Kratovil (MD), Heinrich (NM), Perriello (VA), Titus 

(NV), Kissell, Larry (NC), Arcuri (NY): Would require that no less 

than 1.5 percent of the Land and Water Conservation Fund each 

year go toward securing recreational public access to Federal Lands 

under the jurisdiction of the Secretary of the Interior for hunting, 

fishing, and other outdoor recreation. (10 minutes) 

4. Shea-Porter (NH): Would ensure that the ethics guidelines required for certain Department of Interior employees are updated at 

least every three years. The amendment would also ensure that the 

best available technology for oil spill response and mitigation, and 

the availability and accessibility of that technology is part of the 

Offshore Technology Research and Risk Assessment Program. Finally, the amendment would require that operators annually certify that their response and exploration plans include the best 

available technology and its availability. (10 minutes) 

5. Teague (NM), Jackson Lee (TX): Would allow a group of companies to cooperate to meet financial responsibility requirements by 

pooling of resources or joint insurance coverage. (10 minutes) 

6. Himes (CT): Would require, following initial clean-up of a spill, 

that the National Resources Damages Act trustee give equal and 

full consideration to all statutorily prescribed natural resource 

damage remedies to ensure that acquisition of non-impacted land 

is considered an equal remedy and not given lower priority as is 

currently provided in statute. (10 minutes) 

7. Connolly (VA), Holt (NJ), Welch (VT): Would prevent oil companies from shifting oil spill cleanup costs onto taxpayers by ensuring that Oil Pollution Act liabilities of an oil subsidiary will be inherited by the parent oil company in the event the subsidiary goes 

bankrupt and does not sell its assets. The amendment does not 


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alter underlying liability provisions of OPA, and includes technical 

corrections from the Department of Justice. (10 minutes) 

8. Melancon (LA), Childers (MS): Would seek to end the federal 

moratorium on deepwater drilling. The moratorium would be prohibited from enforcement on those rigs that meet safety requirements set forth in NTL 05 and NTL 06. (10 minutes) 

9. Melancon (LA): Would create an additional civil penalty on 

Gulf Coast Oil Spills of more than 1 million barrels, and would direct those funds toward previously authorized coastal restoration 

projects. (10 minutes) 

SUMMARY OF AMENDMENT IN PART C CONSIDERED AS ADOPTED

1. Miller, George (CA): Would make numerous technical changes 

to the bill, including reordering, for stylistic purposes, whistleblowers’ protected activities; conforming the language regarding 

causes of action to other accepted statutory language on the same 

subjects, particularly with respect to assigning court jurisdiction; 

clarifying that reporting to the employer or the government regarding the adequacy of an oil spill response plan is included among 

whistleblowers’ protected activities; and other technical corrections 

that do not alter the substance of the bill. 

PART A—TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO BE CONSIDERED AS AN ORIGINAL BILL

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Consolidated 

Land, Energy, and Aquatic Resources Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES 

Sec. 101. Bureau of Energy and Resource Management. 

Sec. 102. Bureau of Safety and Environmental Enforcement. 

Sec. 103. Office of Natural Resources Revenue. 

Sec. 104. Ethics. 

Sec. 105. References. 

Sec. 106. Abolishment of Minerals Management Service. 

Sec. 107. Conforming amendment. 

Sec. 108. Outer Continental Shelf Safety and Environmental Advisory Board. 

TITLE II—FEDERAL OIL AND GAS DEVELOPMENT 

Subtitle A—Safety, Environmental, and Financial Reform of the Outer Continental 

Shelf Lands Act 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. National policy for the Outer Continental Shelf. 

Sec. 204. Jurisdiction of laws on the Outer Continental Shelf. 

Sec. 205. Outer Continental Shelf leasing standard. 

Sec. 206. Leases, easements, and rights-of-way. 

Sec. 207. Disposition of revenues. 

Sec. 208. Exploration plans. 

Sec. 209. Outer Continental Shelf leasing program. 

Sec. 210. Environmental studies. 

Sec. 211. Safety regulations. 

Sec. 212. Enforcement of safety and environmental regulations. 

Sec. 213. Judicial review. 


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Sec. 214. Remedies and penalties. 

Sec. 215. Uniform planning for Outer Continental Shelf. 

Sec. 216. Oil and gas information program. 

Sec. 217. Limitation on royalty-in-kind program. 

Sec. 218. Restrictions on employment. 

Sec. 219. Repeal of royalty relief provisions. 

Sec. 220. Manning and buy- and build-American requirements. 

Sec. 221. National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. 

Sec. 222. Coordination and consultation with affected State and local governments. 

Sec. 223. Implementation. 

Subtitle B—Royalty Relief for American Consumers 

Sec. 241. Short title. 

Sec. 242. Eligibility for new leases and the transfer of leases. 

Sec. 243. Price thresholds for royalty suspension provisions. 

TITLE III—OIL AND GAS ROYALTY REFORM 

Sec. 301. Amendments to definitions. 

Sec. 302. Compliance reviews. 

Sec. 303. Clarification of liability for royalty payments. 

Sec. 304. Required recordkeeping. 

Sec. 305. Fines and penalties. 

Sec. 306. Interest on overpayments. 

Sec. 307. Adjustments and refunds. 

Sec. 308. Conforming amendment. 

Sec. 309. Obligation period. 

Sec. 310. Notice regarding tolling agreements and subpoenas. 

Sec. 311. Appeals and final agency action. 

Sec. 312. Assessments. 

Sec. 313. Collection and production accountability. 

Sec. 314. Natural gas reporting. 

Sec. 315. Penalty for late or incorrect reporting of data. 

Sec. 316. Required recordkeeping. 

Sec. 317. Shared civil penalties. 

Sec. 318. Applicability to other minerals. 

Sec. 319. Entitlements. 

Sec. 320. Limitation on royalty in-kind program. 

TITLE IV—FULL FUNDING FOR THE LAND AND WATER CONSERVATION 

AND HISTORIC PRESERVATION FUNDS 

Subtitle A—Land and Water Conservation Fund 

Sec. 401. Amendments to the Land and Water Conservation Fund Act of 1965. 

Sec. 402. Extension of the Land and Water Conservation Fund. 

Sec. 403. Permanent funding. 

Subtitle B—National Historic Preservation Fund 

Sec. 411. Permanent funding. 

TITLE V—GULF OF MEXICO RESTORATION 

Sec. 501. Gulf of Mexico restoration program. 

Sec. 502. Gulf of Mexico long-term environmental monitoring and research program. 

Sec. 503. Gulf of Mexico emergency migratory species alternative habitat program. 

TITLE VI—COORDINATION AND PLANNING 

Sec. 601. Regional coordination. 

Sec. 602. Regional Coordination Councils. 

Sec. 603. Regional strategic plans. 

Sec. 604. Regulations and savings clause. 

Sec. 605. Ocean Resources Conservation and Assistance Fund. 

Sec. 606. Waiver. 

TITLE VII—OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL 

PROTECTION 

Sec. 701. Short title. 

Sec. 702. Repeal of and adjustments to limitation on liability. 


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Sec. 703. Evidence of financial responsibility for offshore facilities. 

Sec. 704. Damages to human health. 

Sec. 705. Clarification of liability for discharges from mobile offshore drilling units. 

Sec. 706. Standard of review for damage assessment. 

Sec. 707. Information on claims. 

Sec. 708. Additional amendments and clarifications to Oil Pollution Act of 1990. 

Sec. 709. Americanization of offshore operations in the Exclusive Economic Zone. 

Sec. 710. Safety management systems for mobile offshore drilling units. 

Sec. 711. Safety standards for mobile offshore drilling units. 

Sec. 712. Operational control of mobile offshore drilling units. 

Sec. 713. Single-hull tankers. 

Sec. 714. Repeal of response plan waiver. 

Sec. 715. National Contingency Plan. 

Sec. 716. Tracking Database. 

Sec. 717. Evaluation and approval of response plans; maximum penalties. 

Sec. 718. Oil and hazardous substance cleanup technologies. 

Sec. 719. Implementation of oil spill prevention and response authorities. 

Sec. 720. Impacts to Indian Tribes and public service damages. 

Sec. 721. Federal enforcement actions. 

Sec. 722. Time required before electing to proceed with judicial claim or against the 

Fund. 

Sec. 723. Authorized level of Coast Guard personnel. 

Sec. 724. Clarification of memorandums of understanding. 

Sec. 725. Build America requirement for offshore facilities. 

Sec. 726. Oil spill response vessel database. 

Sec. 727. Offshore sensing and monitoring systems. 

Sec. 728. Oil and gas exploration and production. 

Sec. 729. Leave retention authority. 

Sec. 730. Authorization of appropriations. 

TITLE VIII—MISCELLANEOUS PROVISIONS 

Sec. 801. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry. 

Sec. 802. Conservation fee. 

Sec. 803. Leasing on Indian lands. 

Sec. 804. Outer Continental Shelf State boundaries. 

Sec. 805. Liability for damages to national wildlife refuges. 

Sec. 806. Strengthening coastal State oil spill planning and response. 

Sec. 807. Information sharing. 

Sec. 808. Limitation on use of funds. 

Sec. 809. Environmental review. 

Sec. 810. Federal response to State proposals to protect State lands and waters. 

SEC. 2. DEFINITIONS. 

For the purposes of this Act: 

(1) AFFECTED INDIAN TRIBE.—The term ‘‘affected Indian 

tribe’’ means an Indian tribe that has federally reserved rights 

that are affirmed by treaty, statute, Executive order, Federal 

court order, or other Federal law in the area at issue. 

(2) COASTAL STATE.—The term ‘‘coastal State’’ has the same 

meaning given the term ‘‘coastal state’’ in section 304 of the 

Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 

(3) DEPARTMENT.—The term ‘‘Department’’ means the Department of the Interior, except as the context indicates otherwise. 

(4) FUNCTION.—The term ‘‘function’’, with respect to a function of an officer, employee, or agent of the Federal Government, or of a Department, agency, office, or other instrumentality of the Federal Government, includes authorities, powers, 

rights, privileges, immunities, programs, projects, activities, 

duties, and responsibilities. 

(5) IMPORTANT ECOLOGICAL AREA.—The term ‘‘important ecological area’’ means an area that contributes significantly to 


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local or larger marine ecosystem health or is an especially 

unique or sensitive marine ecosystem. 

(6) INDIAN LAND.—The term ‘‘Indian land’’ has the meaning 

given the term in section 502(a) of title V of Public Law 109– 

58 (25 U.S.C. 3501(2)). 

(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the same 

meaning given the term ‘‘Indian tribe’’ has in section 4 of the 

Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b). 

(8) MARINE ECOSYSTEM HEALTH.—The term ‘‘marine ecosystem health’’ means the ability of an ecosystem in ocean and 

coastal waters to support and maintain patterns, important 

processes, and productive, sustainable, and resilient communities of organisms, having a species composition, diversity, 

and functional organization resulting from the natural habitat 

of the region, such that it is capable of supporting a variety of 

activities and providing a complete range of ecological benefits. 

Such an ecosystem would be characterized by a variety of factors, including— 

(A) a complete diversity of native species and habitat 

wherein each native species is able to maintain an abundance, population structure, and distribution supporting 

its ecological and evolutionary functions, patterns, and 

processes; and 

(B) a physical, chemical, geological, and microbial environment that is necessary to achieve such diversity. 

(9) MINERAL.—The term ‘‘mineral’’ has the same meaning 

that the term ‘‘minerals’’ has in section 2(q) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(q)). 

(10) NONRENEWABLE ENERGY RESOURCE.—The term ‘‘nonrenewable energy resource’’ means oil and natural gas. 

(11) OPERATOR.—The term ‘‘operator’’ means— 

(A) the lessee; or 

(B) a person designated by the lessee as having control 

or management of operations on the leased area or a portion thereof, who is— 

(i) approved by the Secretary, acting through the 

Bureau of Energy and Resource Management; or 

(ii) the holder of operating rights under an assignment of operating rights that is approved by the Secretary, acting through the Bureau of Energy and Resource Management. 

(12) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Continental Shelf’’ has the same meaning given the term ‘‘outer 

Continental Shelf’’ has in the Outer Continental Shelf Lands 

Act (43 U.S.C. 1331 et seq.). 

(13) REGIONAL OCEAN PARTNERSHIP.—The term ‘‘Regional 

Ocean Partnership’’ means voluntary, collaborative management initiatives developed and entered into by the Governors 

of two or more coastal States or created by an interstate compact for the purpose of addressing more than one ocean, coastal, or Great Lakes issue and to implement policies and activities identified under special area management plans under the 

Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) 

or other agreements developed and signed by the Governors. 


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(14) RENEWABLE ENERGY RESOURCE.—The term ‘‘renewable 

energy resource’’ means each of the following: 

(A) Wind energy. 

(B) Solar energy. 

(C) Geothermal energy. 

(D) Biomass or landfill gas. 

(E) Marine and hydrokinetic renewable energy, as that 

term is defined in section 632 of the Energy Independence 

and Security Act of 2007 (42 U.S.C. 17211). 

(15) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Commerce. 

(16) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, except as otherwise provided in this Act. 

(17) TERMS DEFINED IN OTHER LAW.—Each of the terms ‘‘Federal land’’, ‘‘lease’’, and ‘‘mineral leasing law’’ has the same 

meaning given the term under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.), except 

that such terms shall also apply to all minerals and renewable 

energy resources in addition to oil and gas. 

TITLE I—CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES 

SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGEMENT. 

(a) ESTABLISHMENT.—There is established in the Department of 

the Interior a Bureau of Energy and Resource Management (referred to in this section as the ‘‘Bureau’’) to be headed by a Director 

of Energy and Resource Management (referred to in this section as 

the ‘‘Director’’). 

(b) DIRECTOR.— (1) APPOINTMENT.—The Director shall be appointed by the 

President, by and with the advice and consent of the Senate, 

on the basis of— 

(A) professional background, demonstrated competence, 

and ability; and 

(B) capacity to— 

(i) administer the provisions of this Act; and 

(ii) ensure that the fiduciary duties of the United 

States Government on behalf of the people of the 

United States, as they relate to development of nonrenewable and renewable energy and mineral resources, are duly met. 

(2) COMPENSATION.—The Director shall be compensated at 

the rate provided for Level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(c) DUTIES.— 

(1) IN GENERAL.—Except as provided in paragraph (4), the 

Secretary shall carry out through the Bureau all functions, 

powers, and duties vested in the Secretary relating to the administration of a comprehensive program of nonrenewable and 

renewable energy and mineral resources management— 

(A) on the Outer Continental Shelf, pursuant to the 

Outer Continental Shelf Lands Act as amended by this Act 

(43 U.S.C. 1331 et seq.); 


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(B) on Federal public lands, pursuant to the Mineral 

Leasing Act (30 U.S.C. 181 et seq.) and the Geothermal 

Steam Act of 1970 (30 U.S.C. 1001 et seq.); 

(C) on acquired Federal lands, pursuant to the Mineral 

Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) and 

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 

seq.); 

(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 

1976 (42 U.S.C. 6501 et seq.); 

(E) on any Federal land pursuant to any mineral leasing 

law; and 

(F) pursuant to this Act and all other applicable Federal 

laws, including the administration and approval of all instruments and agreements required to ensure orderly, 

safe, and environmentally responsible nonrenewable and 

renewable energy and mineral resources development activities. 

(2) SPECIFIC AUTHORITIES.—The Director shall promulgate 

and implement regulations for the proper issuance of leases for 

the exploration, development, and production of nonrenewable 

and renewable energy and mineral resources, and for the 

issuance of permits under such leases, on the Outer Continental Shelf and for nonrenewable and renewable energy and 

mineral resources managed by the Bureau of Land Management on the date of enactment of this Act, or any other Federal 

land management agency, including regulations relating to resource identification, access, evaluation, and utilization. 

(3) INDEPENDENT ENVIRONMENTAL SCIENCE.— 

(A) IN GENERAL.—The Secretary shall create an independent office within the Bureau that— 

(i) shall report to the Director; 

(ii) shall be programmatically separate and distinct 

from the leasing and permitting activities of the Bureau; and 

(iii) shall— 

(I) carry out the environmental studies program 

under section 20 of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1346); 

(II) conduct any environmental analyses necessary for the programs administered by the Bureau; and 

(III) carry out other functions as deemed necessary by the Secretary. 

(B) CONSULTATION.—Studies and analyses carried out by 

the office created under subparagraph (A) shall be conducted in appropriate and timely consultation with other 

relevant Federal agencies, including— 

(i) the Bureau of Safety and Environmental Enforcement; 

(ii) the United States Fish and Wildlife Service; 

(iii) the United States Geological Survey; and 

(iv) the National Oceanic and Atmospheric Administration. 


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(4) LIMITATION.—The Secretary shall not carry out through 

the Bureau any function, power, or duty that is— 

(A) required by section 102 to be carried out through Bureau of Safety and Environmental Enforcement; or 

(B) required by section 103 to be carried out through the 

Office of Natural Resources Revenue. 

(d) COMPREHENSIVE DATA AND ANALYSES ON OUTER CONTINENTAL SHELF RESOURCES.— 

(1) IN GENERAL.— 

(A) PROGRAMS.—The Director shall develop and carry 

out programs for the collection, evaluation, assembly, analysis, and dissemination of data and information that is relevant to carrying out the duties of the Bureau, including 

studies under section 20 of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1346). 

(B) USE OF DATA AND INFORMATION.—The Director shall, 

in carrying out functions pursuant to the Outer Continental Lands Act (43 U.S.C. 1331 et seq.), consider data 

and information referred to in subparagraph (A) which 

shall inform the management functions of the Bureau, and 

shall contribute to a broader coordination of development 

activities within the contexts of the best available science 

and marine spatial planning. 

(2) INTERAGENCY COOPERATION.—In carrying out programs 

under this subsection, the Bureau shall— 

(A) utilize the authorities of subsection (g) and (h) of section 18 of the Outer Continental Shelf Lands Act (43 

U.S.C. 1344); 

(B) cooperate with appropriate offices in the Department 

and in other Federal agencies; 

(C) use existing inventories and mapping of marine resources previously undertaken by the Minerals Management Service, mapping undertaken by the United States 

Geological Survey and the National Oceanographic and Atmospheric Administration, and information provided by 

the Department of Defense and other Federal and State 

agencies possessing relevant data; and 

(D) use any available data regarding renewable energy 

potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses of 

the Outer Continental Shelf. 

(e) RESPONSIBILITIES OF LAND MANAGEMENT AGENCIES.—Nothing 

in this section shall affect the authorities of the Bureau of Land 

Management under the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701 et seq.) or of the Forest Service under the 

National Forest Management Act of 1976 (Public Law 94–588). 

SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT. 

(a) ESTABLISHMENT.—There is established in the Department a 

Bureau of Safety and Environmental Enforcement (referred to in 

this section as the ‘‘Bureau’’) to be headed by a Director of Safety 

and Environmental Enforcement (referred to in this section as the 

‘‘Director’’). 

(b) DIRECTOR.— 


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(1) APPOINTMENT.—The Director shall be appointed by the 

President, by and with the advice and consent of the Senate, 

on the basis of— 

(A) professional background, demonstrated competence, 

and ability; and 

(B) capacity to administer the provisions of this Act. 

(2) COMPENSATION.—The Director shall be compensated at 

the rate provided for Level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(c) DUTIES.— 

(1) IN GENERAL.—The Secretary shall carry out through the 

Bureau all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to nonrenewable and renewable energy and mineral resources— 

(A) on the Outer Continental Shelf pursuant to the 

Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

seq.); 

(B) on Federal public lands, pursuant to the Mineral 

Leasing Act (30 U.S.C. 181 et seq.) and the Geothermal 

Steam Act of 1970 (30 U.S.C. 1001 et seq.); 

(C) on acquired Federal lands, pursuant to the Mineral 

Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) and 

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 

seq.); 

(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 

1976 (42 U.S.C. 6501 et seq.); and 

(E) pursuant to— 

(i) the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1701 et seq.); 

(ii) the Energy Policy Act of 2005 (Public Law 109– 

58); 

(iii) the Federal Oil and Gas Royalty Simplification 

and Fairness Act of 1996 (Public Law 104–185); 

(iv) the Forest and Rangeland Renewable Resources 

Planning Act of 1974 (16 U.S.C. 1600 et seq.); 

(v) the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.); 

(vi) this Act; and 

(vii) all other applicable Federal laws, 

including the authority to develop, promulgate, and enforce regulations to ensure the safe and environmentally 

sound exploration, development, and production of nonrenewable and renewable energy and mineral resources on 

the Outer Continental Shelf and onshore federally managed lands. 

(d) AUTHORITIES.—In carrying out the duties under this section, 

the Secretary’s authorities shall include— 

(1) performing necessary oversight activities to ensure the 

proper application of environmental reviews, including those 

conducted pursuant to the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) by the Bureau of Energy and 

Resource Management in the performance of its duties under 


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the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

seq.); 

(2) suspending or prohibiting, on a temporary basis, any operation or activity, including production— 

(A) on leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1334(a)(1)); or 

(B) on leases or rights-of-way held on Federal lands 

under any other minerals or energy leasing statute, in accordance with section 302(c) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

(3) cancelling any lease, permit, or right-of-way— 

(A) on the Outer Continental Shelf, in accordance with 

section 5(a)(2) of the Outer Continental Shelf Lands Act 

(43 U.S.C. 1334(a)(2)); or 

(B) on onshore Federal lands, in accordance with section 

302(c) of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1732(c)); 

(4) compelling compliance with applicable worker safety and 

environmental laws and regulations; 

(5) requiring comprehensive safety and environmental management programs for persons engaged in activities connected 

with the exploration, development, and production of energy or 

mineral resources; 

(6) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain 

compliance with applicable regulations, including health, safety, or environmental regulations; 

(7) collecting, evaluating, assembling, analyzing, and publicly 

disseminating electronically data and information that is relevant to inspections, failures, or accidents involving equipment 

and systems used for exploration and production of energy and 

mineral resources, including human factors associated therewith; 

(8) implementing the Offshore Technology Research and Risk 

Assessment Program under section 21 of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1347); 

(9) summoning witnesses and directing the production of evidence; 

(10) levying fines and penalties and disqualifying operators; 

and 

(11) carrying out any safety, response, and removal preparedness functions. 

(e) EMPLOYEES.— 

(1) IN GENERAL.—The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees 

who meet qualification requirements and adhere to the highest 

professional and ethical standards. 

(2) QUALIFICATIONS.—The qualification requirements referred to in paragraph (1)— 

(A) shall be determined by the Secretary, subject to subparagraph (B); and 

(B) shall include— 

(i) three years of practical experience in oil and gas 

exploration, development, or production; or 


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(ii) a degree in an appropriate field of engineering 

from an accredited institution of higher learning. 

(3) ASSIGNMENT.—In assigning oil and gas inspectors to the 

inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to 

their previous experience in the particular type of oil and gas 

operation in which such inspections are to be made. 

(4) TRAINING ACADEMY.— (A) IN GENERAL.—The Secretary shall establish and 

maintain a National Oil and Gas Health and Safety Academy (referred to in this paragraph as the ‘‘Academy’’) as 

an agency of the Department of the Interior. 

(B) FUNCTIONS OF ACADEMY.—The Secretary, through 

the Academy, shall be responsible for— 

(i) the initial and continued training of both newly 

hired and experienced oil and gas inspectors in all aspects of health, safety, environmental, and operational 

inspections; 

(ii) the training of technical support personnel of the 

Bureau; 

(iii) any other training programs for oil and gas inspectors, Bureau personnel, Department personnel, or 

other persons as the Secretary shall designate; and 

(iv) certification of the successful completion of 

training programs for newly hired and experienced oil 

and gas inspectors. 

(C) COOPERATIVE AGREEMENTS.— (i) IN GENERAL.—In performing functions under this 

paragraph, and subject to clause (ii), the Secretary 

may enter into cooperative educational and training 

agreements with educational institutions, related Federal academies, other Federal agencies, State governments, labor organizations, and oil and gas operators 

and related industries. 

(ii) TRAINING REQUIREMENT.—Such training shall be 

conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. 

(D) USE OF DEPARTMENTAL PERSONNEL.—In performing 

functions under this subsection, the Secretary shall use, to 

the extent practicable, the facilities and personnel of the 

Department of the Interior. The Secretary may appoint or 

assign to the Academy such officers and employees as the 

Secretary considers necessary for the performance of the 

duties and functions of the Academy. 

(5) ADDITIONAL TRAINING PROGRAMS.— 

(A) IN GENERAL.—The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and 

gas operators, that are designed— 

(i) to enable persons to qualify for positions in the 

administration of this Act; and 

(ii) to provide for the continuing education of inspectors or other appropriate Departmental personnel. 


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(B) FINANCIAL AND TECHNICAL ASSISTANCE.—The Secretary may provide financial and technical assistance to 

educational institutions in carrying out this paragraph. 

SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE. 

(a) ESTABLISHMENT.—There is established in the Department an 

Office of Natural Resources Revenue (referred to in this section as 

the ‘‘Office’’) to be headed by a Director of Natural Resources Revenue (referred to in this section as the ‘‘Director’’). 

(b) APPOINTMENT AND COMPENSATION.— (1) IN GENERAL.—The Director shall be appointed by the 

President, by and with the advice and consent of the Senate, 

on the basis of— 

(A) professional competence; and 

(B) capacity to— 

(i) administer the provisions of this Act; and 

(ii) ensure that the fiduciary duties of the United 

States Government on behalf of the American people, 

as they relate to development of nonrenewable and renewable energy and mineral resources, are duly met. 

(2) COMPENSATION.—The Director shall be compensated at 

the rate provided for Level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(c) DUTIES.— (1) IN GENERAL.—The Secretary shall carry out, through the 

Office— 

(A) all functions, powers, and duties vested in the Secretary and relating to the administration of the royalty 

and revenue management functions pursuant to— 

(i) the Outer Continental Shelf Lands Act (43 U.S.C. 

1331 et seq.); 

(ii) the Mineral Leasing Act (30 U.S.C. 181 et seq.); 

(iii) the Mineral Leasing Act for Acquired Lands (30 

U.S.C. 351 et seq.); 

(iv) the Geothermal Steam Act of 1970 (30 U.S.C. 

1001 et seq.); 

(v) the Naval Petroleum Reserves Production Act of 

1976 (42 U.S.C. 6501 et seq.); 

(vi) the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1701 et seq.); 

(vii) the Federal Oil and Gas Royalty Simplification 

and Fairness Act of 1996 (Public Law 104–185); 

(viii) the Energy Policy Act of 2005 (Public Law 

109–58); 

(ix) the Forest and Rangeland Renewable Resources 

Planning Act of 1974 (16 U.S.C. 1600 et seq.); 

(x) the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.); and 

(xi) this Act and all other applicable Federal laws; 

and 

(B) all functions, powers, and duties previously assigned 

to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding— 

(i) royalty and revenue collection; 

(ii) royalty and revenue distribution; 


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(iii) auditing and compliance; 

(iv) investigation and enforcement of royalty and 

revenue regulations; and 

(v) asset management for onshore and offshore activities. 

(d) OVERSIGHT.—In order to provide transparency and ensure 

strong oversight over the revenue program, the Secretary shall— 

(1) create within the Office an independent audit and oversight program responsible for monitoring the performance of 

the Office with respect to the duties and functions under subsection (c), and conducting internal control audits of the operations of the Office; 

(2) facilitate the participation of those Indian tribes and 

States operating pursuant to cooperative agreements or delegations under the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1701 et seq.) on all of the management 

teams, committees, councils, and other entities created by the 

Office; and 

(3) assure prior consultation with those Indian tribes and 

States referred to in paragraph (2) in the formulation all policies, procedures, guidance, standards, and rules relating to the 

functions referred to in subsection (c). 

SEC. 104. ETHICS. 

(a) CERTIFICATION.—The Secretary shall certify annually that all 

Department of the Interior officers and employees having regular, 

direct contact with lessees and operators as a function of their official duties are in full compliance with all Federal employee ethics 

laws and regulations under the Ethics in Government Act of 1978 

(5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (b). 

(b) GUIDANCE.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics 

guidance for the employees for which certification is required under 

subsection (a). 

SEC. 105. REFERENCES. 

(a) BUREAU OF ENERGY AND RESOURCE MANAGEMENT.—Any reference in any law, rule, regulation, directive, instruction, certificate, or other official document, in force immediately before the enactment of this Act— 

(1) to the Minerals Management Service that pertains to any 

of the duties and authorities referred to in section 101 is 

deemed to refer and apply to the Bureau of Energy and Resource Management established by section 101; 

(2) to the Director of the Minerals Management Service that 

pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Director of the Bureau of Energy and Resource Management; 

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred 

to in section 101 is deemed to refer and apply to that same or 

equivalent position in the Bureau of Energy and Resource 

Management; 

(4) to the Bureau of Land Management that pertains to any 

of the duties and authorities referred to in section 101 is 


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deemed to refer and apply to the Bureau of Energy and Resource Management; 

(5) to the Director of the Bureau of Land Management that 

pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Director of the Bureau of Energy and Resource Management; and 

(6) to any other position in the Bureau of Land Management 

that pertains to any of the duties and authorities referred to 

in section 101 is deemed to refer and apply to that same or 

equivalent position in the Bureau of Energy and Resource 

Management. 

(b) BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.— 

Any reference in any law, rule, regulation, directive, instruction, 

certificate, or other official document in force immediately before 

the enactment of this Act— 

(1) to the Minerals Management Service that pertains to any 

of the duties and authorities referred to in section 102 is 

deemed to refer and apply to the Bureau of Safety and Environmental Enforcement established by section 102; 

(2) to the Director of the Minerals Management Service that 

pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Director of the Bureau of Safety and Environmental Enforcement; 

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred 

to in section 102 is deemed to refer and apply to that same or 

equivalent position in the Bureau of Safety and Environmental 

Enforcement; 

(4) to the Bureau of Land Management that pertains to any 

of the duties and authorities referred to in section 102 is 

deemed to refer and apply to the Bureau of Safety and Environmental Enforcement; 

(5) to the Director of the Bureau of Land Management that 

pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Director of the Bureau of Safety and Environmental Enforcement; and 

(6) to any other position in the Bureau of Land Management 

that pertains to any of the duties and authorities referred to 

in section 102 is deemed to refer and apply to that same or 

equivalent position in the Bureau of Safety and Environmental 

Enforcement. 

(c) OFFICE OF NATURAL RESOURCES REVENUE.—Any reference in 

any law, rule, regulation, directive, or instruction, or certificate or 

other official document, in force immediately prior to enactment— 

(1) to the Minerals Management Service that pertains to any 

of the duties and authorities referred to in section 103 is 

deemed to refer and apply to the Office of Natural Resources 

Revenue established by section 103; 

(2) to the Director of the Minerals Management Service that 

pertains to any of the duties and authorities referred to in section 103 is deemed to refer and apply to the Director of Natural Resources Revenue; and 

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred 


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to in section 103 is deemed to refer and apply to that same or 

equivalent position in the Office of Natural Resources Revenue. 

SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE. 

(a) ABOLISHMENT.—The Minerals Management Service (in this 

section referred to as the ‘‘Service’’) is abolished. 

(b) COMPLETED ADMINISTRATIVE ACTIONS.— 

(1) IN GENERAL.—Completed administrative actions of the 

Service shall not be affected by the enactment of this Act, but 

shall continue in effect according to their terms until amended, 

modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court 

of competent jurisdiction, or by operation of law. 

(2) COMPLETED ADMINISTRATIVE ACTION DEFINED.—For purposes of paragraph (1), the term ‘‘completed administrative action’’ includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. 

(c) PENDING PROCEEDINGS.—Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this Act— 

(1) pending proceedings in the Service, including notices of 

proposed rulemaking, and applications for licenses, permits, 

certificates, grants, and financial assistance, shall continue, 

notwithstanding the enactment of this Act or the vesting of 

functions of the Service in another agency, unless discontinued 

or modified under the same terms and conditions and to the 

same extent that such discontinuance or modification could 

have occurred if this Act had not been enacted; and 

(2) orders issued in such proceedings, and appeals therefrom, 

and payments made pursuant to such orders, shall issue in the 

same manner and on the same terms as if this Act had not 

been enacted, and any such orders shall continue in effect until 

amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent 

jurisdiction, or by operation of law. 

(d) PENDING CIVIL ACTIONS.—Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this Act, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and 

enforced in the same manner and with the same effect as if such 

enactment had not occurred. 

(e) REFERENCES.—References relating to the Service in statutes, 

Executive orders, rules, regulations, directives, or delegations of 

authority that precede the effective date of this Act are deemed to 

refer, as appropriate, to the Department, to its officers, employees, 

or agents, or to its corresponding organizational units or functions. 

Statutory reporting requirements that applied in relation to the 

Service immediately before the effective date of this Act shall continue to apply. 

SEC. 107. CONFORMING AMENDMENT. 

Section 5316 of title 5, United States Code, is amended by striking ‘‘Director, Bureau of Mines, Department of the Interior.’’ and 

inserting the following new items: 


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‘‘Director, Bureau of Energy and Resource Management, Department of the Interior. 

‘‘Director, Bureau of Safety and Environmental Enforcement, 

Department of the Interior. 

‘‘Director, Office of Natural Resources Revenue, Department 

of the Interior.’’. 

SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVIRONMENTAL 

ADVISORY BOARD. 

(a) ESTABLISHMENT.—The Secretary shall establish, under the 

Federal Advisory Committee Act, an Outer Continental Shelf Safety and Environmental Advisory Board (referred to in this section 

as the ‘‘Board’’), to provide the Secretary and the Directors of the 

bureaus established by this title with independent scientific and 

technical advice on safe and environmentally compliant nonrenewable and renewable energy and mineral resource exploration, development, and production activities. 

(b) MEMBERSHIP.— 

(1) SIZE.—The Board shall consist of not more than 12 members, chosen to reflect a range of expertise in scientific, engineering, management, environmental, and other disciplines related to safe and environmentally compliant renewable and 

nonrenewable energy and mineral resource exploration, development, and production activities. The Secretary shall consult 

with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the 

Board. 

(2) TERM.—The Secretary shall appoint Board members to 

staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. 

(3) BALANCE.—In appointing members to the Board, the Secretary shall ensure a balanced representation of industry- and 

nonindustry-related interests. 

(c) CHAIR.—The Secretary shall appoint the Chair for the Board. 

(d) MEETINGS.—The Board shall meet not less than 3 times per 

year and, at least once per year, shall host a public forum to review 

and assess the overall safety and environmental performance of 

Outer Continental Shelf nonrenewable and renewable energy and 

mineral resource activities. 

(e) OFFSHORE DRILLING SAFETY ASSESSMENTS AND RECOMMENDATIONS.—As part of its duties under this section, the Board shall, by 

not later than 180 days after the date of enactment of this section 

and every 5 years thereafter, submit to the Secretary a report 

that— 

(1) assesses offshore oil and gas well control technologies, 

practices, voluntary standards, and regulations in the United 

States and elsewhere; 

(2) assesses whether existing well control regulations issued 

by the Secretary under the Outer Continental Shelf Lands Act 

(43 U.S.C. 1331 et seq.) adequately protect public health and 

safety and the environment; and 

(3) as appropriate, recommends modifications to the regulations issued under this Act to ensure adequate protection of 

public health and safety and the environment. 


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(f) REPORTS.—Reports of the Board shall be submitted to the 

Congress and made available to the public in electronically accessible form. 

(g) TRAVEL EXPENSES.—Members of the Board, other than fulltime employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the 

Secretary or the Director while serving away from their homes or 

regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 

of title 5, United States Code, for individuals in the Government 

serving without pay. 

TITLE II—FEDERAL OIL AND GAS 

DEVELOPMENT 

Subtitle A—Safety, Environmental, and Financial Reform of the Outer Continental 

Shelf Lands Act 

SEC. 201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Outer Continental Shelf Lands 

Act Amendments of 2010’’. 

SEC. 202. DEFINITIONS. 

Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1331) is amended by adding at the end the following: 

‘‘(r) The term ‘safety case’ means a body of evidence that provides 

a basis for determining whether a system is adequately safe for a 

given application in a given operating environment.’’. 

SEC. 203. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF. 

Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1332) is amended— 

(1) by striking paragraph (3) and inserting the following: 

‘‘(3) the outer Continental Shelf is a vital national resource 

reserve held by the Federal Government for the public, that 

should be managed in a manner that— 

‘‘(A) recognizes the need of the United States for domestic sources of energy, food, minerals, and other resources; 

‘‘(B) minimizes the potential impacts of development of 

those resources on the marine and coastal environment 

and on human health and safety; and 

‘‘(C) acknowledges the long-term economic value to the 

United States of the balanced and orderly management of 

those resources that safeguards the environment and respects the multiple values and uses of the outer Continental Shelf;’’; 

(2) in paragraph (4), by striking the period at the end and 

inserting a semicolon; 

(3) in paragraph (5), by striking ‘‘should be’’ and inserting 

‘‘shall be’’, and striking ‘‘; and’’ and inserting a semicolon; 

(4) by redesignating paragraph (6) as paragraph (7); 

(5) by inserting after paragraph (5) the following: 


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‘‘(6) exploration, development, and production of energy and 

minerals on the outer Continental Shelf should be allowed only 

when those activities can be accomplished in a manner that 

minimizes— 

‘‘(A) harmful impacts to life (including fish and other 

aquatic life) and health; 

‘‘(B) damage to the marine, coastal, and human environments and to property; and 

‘‘(C) harm to other users of the waters, seabed, or subsoil; and’’; and 

(6) in paragraph (7) (as so redesignated), by— 

(A) striking ‘‘should be’’ and inserting ‘‘shall be’’; 

(B) inserting ‘‘best available’’ after ‘‘using’’; and 

(C) striking ‘‘or minimize’’. 

SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTINENTAL 

SHELF. 

Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1333(a)(1)) is amended by— 

(1) inserting ‘‘or producing or supporting production of energy from sources other than oil and gas’’ after ‘‘therefrom’’; 

(2) inserting ‘‘or transmitting such energy’’ after ‘‘transporting such resources’’; and 

(3) inserting ‘‘and other energy’’ after ‘‘That mineral’’. 

SEC. 205. OUTER CONTINENTAL SHELF LEASING STANDARD. 

(a) IN GENERAL.—Section 5 of the Outer Continental Shelf Lands 

Act (43 U.S.C. 1334) is amended— 

(1) in subsection (a), by striking ‘‘The Secretary may at any 

time’’ and inserting ‘‘The Secretary shall’’; 

(2) in the second sentence of subsection (a), by adding after 

‘‘provide for’’ the following: ‘‘operational safety, the protection 

of the marine and coastal environment, and’’; 

(3) in subsection (a), by inserting ‘‘and the Secretary of Commerce with respect to matters that may affect the marine and 

coastal environment’’ after ‘‘which may affect competition’’; 

(4) in clause (ii) of subsection (a)(2)(A), by striking ‘‘a reasonable period of time’’ and inserting ‘‘30 days’’; 

(5) in subsection (a)(7), by inserting ‘‘in a manner that minimizes harmful impacts to the marine and coastal environment’’ 

after ‘‘lease area’’; 

(6) in subsection (a), by striking ‘‘and’’ after the semicolon at 

the end of paragraph (7), redesignating paragraph (8) as paragraph (13), and inserting after paragraph (7) the following: 

‘‘(8) for independent third-party certification requirements of 

safety systems related to well control, such as blowout preventers; 

‘‘(9) for performance requirements for blowout preventers, including quantitative risk assessment standards, subsea testing, 

and secondary activation methods; 

‘‘(10) for independent third-party certification requirements 

of well casing and cementing programs and procedures; 

‘‘(11) for the establishment of mandatory safety and environmental management systems by operators on the Outer Continental Shelf; 


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‘‘(12) for procedures and technologies to be used during drilling operations to minimize the risk of ignition and explosion of 

hydrocarbons;’’; 

(7) in subsection (a), by striking the period at the end of 

paragraph (13), as so redesignated, and inserting ‘‘; and’’, and 

by adding at the end the following: 

‘‘(14) ensuring compliance with other applicable environmental and natural resource conservation laws.’’; and 

(8) by adding at the end the following new subsections: 

‘‘(k) DOCUMENTS INCORPORATED BY REFERENCE.—Any documents 

incorporated by reference in regulations promulgated by the Secretary pursuant to this Act shall be made available to the public, 

free of charge, on a website maintained by the Secretary. 

‘‘(l) REGULATORY STANDARDS FOR BLOWOUT PREVENTERS, WELL

DESIGN, AND CEMENTING.— 

‘‘(1) IN GENERAL.—In promulgating regulations under this 

Act related to blowout preventers, well design, and cementing, 

the Secretary shall ensure that such regulations include the 

minimum standards included in paragraphs (2), (3), and (4), 

unless, after notice and an opportunity for public comment, the 

Secretary determines that a standard required under this subsection would be less effective in ensuring safe operations than 

an available alternative technology or practice. Such regulations shall require independent third-party certification, pursuant to paragraph (5), of blowout preventers, well design, and 

cementing programs and procedures prior to the commencement of drilling operations. Such regulations shall also require 

re-certification by an independent third-party certifier, pursuant to paragraph (5), of a blowout preventer upon any material 

modification to the blowout preventer or well design and of a 

well design upon any material modification to the well design. 

‘‘(2) BLOWOUT PREVENTERS.—Subject to paragraph (1), regulations issued under this Act for blowout preventers shall include at a minimum the following requirements: 

‘‘(A) Two sets of blind shear rams appropriately spaced 

to prevent blowout preventer failure if a drill pipe joint or 

drill tool is across one set of blind shear rams during a situation that threatens loss of well control. 

‘‘(B) Redundant emergency backup control systems capable of activating the relevant components of a blowout preventer, including when the communications link or other 

critical links between the drilling rig and the blowout preventer are destroyed or inoperable. 

‘‘(C) Regular testing of the emergency backup control 

systems, including testing during deployment of the blowout preventer. 

‘‘(D) As appropriate, remotely operated vehicle intervention capabilities for secondary control of all subsea blowout 

preventer functions, including adequate hydraulic capacity 

to activate blind shear rams, casing shear rams, and other 

critical blowout preventer components. 

‘‘(3) WELL DESIGN.—Subject to paragraph (1), regulations 

issued under this Act for well design standards shall include 

at a minimum the following requirements: 


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‘‘(A) In connection with the installation of the final casing string, the installation of at least two independent, 

tested mechanical barriers, in addition to a cement barrier, 

across each flow path between hydrocarbon bearing formations and the blowout preventer. 

‘‘(B) That wells shall be designed so that a failure of one 

barrier does not significantly increase the likelihood of another barrier’s failure. 

‘‘(C) That the casing design is appropriate for the purpose for which it is intended under reasonably expected 

wellbore conditions. 

‘‘(D) The installation and verification with a pressure 

test of a lockdown device at the time the casing is installed 

in the wellhead. 

‘‘(4) CEMENTING.—Subject to paragraph (1), regulations 

issued under this Act for cementing standards shall include at 

a minimum the following requirements: 

‘‘(A) Adequate centralization of the casing to ensure 

proper distribution of cement. 

‘‘(B) A full circulation of drilling fluids prior to cementing. 

‘‘(C) The use of an adequate volume of cement to prevent 

any unintended flow of hydrocarbons between any hydrocarbon-bearing formation zone and the wellhead. 

‘‘(D) Cement bond logs for all cementing jobs intended to 

provide a barrier to hydrocarbon flow. 

‘‘(E) Cement bond logs or such other integrity tests as 

the Secretary may prescribe for cement jobs other than 

those identified in subparagraph (D). 

‘‘(5) INDEPENDENT THIRD-PARTY CERTIFIERS.—The Secretary 

shall establish appropriate standards for the approval of independent third-party certifiers capable of exercising certification 

functions for blowout preventers, well design, and cementing. 

For any certification required for regulations related to blowout 

preventers, well design, or cementing, the operator shall use a 

qualified independent third-party certifier chosen by the Secretary. The costs of any certification shall be borne by the operator. 

‘‘(6) APPLICATION TO INSHORE WATERS; STATE IMPLEMENTA- TION.— 

‘‘(A) IN GENERAL.—Requirements established under this 

subsection shall apply, as provided in subparagraph (B), to 

offshore drilling operations that take place on lands that 

are landward of the outer Continental Shelf and seaward 

of the line of mean high tide, and that the Secretary determines, based on criteria established by rule, could, in the 

event of a blowout, lead to extensive and widespread harm 

to public health and safety or the environment. 

‘‘(B) SUBMISSION OF STATE REGULATORY REGIME.—Any 

State may submit to the Secretary a plan demonstrating 

that the State’s regulatory regime for wells identified in 

subparagraph (A) establishes requirements for such wells 

that are comparable to, or alternative requirements providing an equal or greater level of safety than, those established under this section for wells on the outer Continental 


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Shelf. The Secretary shall promptly determine, after notice 

and an opportunity for public comment, whether a State’s 

regulatory regime meets the standard set forth in the preceding sentence. If the Secretary determines that a State’s 

regulatory regime does not meet such standard, the Secretary shall identify the deficiencies that are the basis for 

such determination and provide a reasonable period of 

time for the State to remedy the deficiencies. If the State 

does not do so within such reasonable period of time, the 

Secretary shall apply the requirements established under 

this section to offshore drilling operations described in subparagraph (A) that are located in such State, until such 

time as the Secretary determines that the deficiencies 

have been remedied. 

‘‘(m) RULEMAKING DOCKETS.— 

‘‘(1) ESTABLISHMENT.—Not later than the date of proposal of 

any regulation under this Act, the Secretary shall establish a 

publicly available rulemaking docket for such regulation. 

‘‘(2) DOCUMENTS TO BE INCLUDED.—The Secretary shall include in the docket— 

‘‘(A) all written comments and documentary information 

on the proposed rule received from any person in the comment period for the rulemaking, promptly upon receipt by 

the Secretary; 

‘‘(B) the transcript of each public hearing, if any, on the 

proposed rule, promptly upon receipt from the person who 

transcribed such hearing; and 

‘‘(C) all documents that become available after the proposed rule is published and that the Secretary determines 

are of central relevance to the rulemaking, by as soon as 

possible after their availability. 

‘‘(3) PROPOSED AND DRAFT FINAL RULE AND ASSOCIATED MATERIAL.—The Secretary shall include in the docket— 

‘‘(A) each draft proposed rule submitted by the Secretary 

to the Office of Management and Budget for any interagency review process prior to proposal of such rule, all 

documents accompanying such draft, all written comments 

thereon by other agencies, and all written responses to 

such written comments by the Secretary, by no later than 

the date of proposal of the rule; and 

‘‘(B) each draft final rule submitted by the Secretary for 

such review process before issuance of the final rule, all 

such written comments thereon, all documents accompanying such draft, and all written responses thereto, by 

no later than the date of issuance of the final rule.’’. 

(b) CONFORMING AMENDMENT.—Subsection (g) of section 25 of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1351), as redesignated by section 215(4) of this Act, is further amended by striking 

‘‘paragraph (8) of section 5(a) of this Act’’ each place it appears and 

inserting ‘‘paragraph (13) of section 5(a) of this Act’’. 

SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY. 

(a) FINANCIAL ASSURANCE AND FISCAL RESPONSIBILITY.—Section 

8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is 

amended by adding at the end the following: 


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‘‘(q) REVIEW OF BOND AND SURETY AMOUNTS.—Not later than 

May 1, 2011, and every 5 years thereafter, the Secretary shall review the minimum financial responsibility requirements for leases 

issued under this section and shall ensure that any bonds or surety 

required are adequate to comply with the requirements of this Act 

or the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). 

‘‘(r) PERIODIC FISCAL REVIEW AND REPORT.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection and every 3 years thereafter, the 

Secretary shall carry out a review and prepare a report setting 

forth— 

‘‘(A)(i) the royalty and rental rates included in new offshore oil and gas leases; and 

‘‘(ii) the rationale for the rates; 

‘‘(B) whether, in the view of the Secretary, the royalty 

and rental rates described in subparagraph (A) will yield 

a fair return to the public while promoting the production 

of oil and gas resources in a timely manner; 

‘‘(C)(i) the minimum bond or surety amounts required 

pursuant to offshore oil and gas leases; and 

‘‘(ii) the rationale for the minimum amounts; 

‘‘(D) whether the bond or surety amounts described in 

subparagraph (C) are adequate to comply with subsection 

(q); and 

‘‘(E) whether the Secretary intends to modify the royalty 

or rental rates, or bond or surety amounts, based on the 

review. 

‘‘(2) PUBLIC PARTICIPATION.—In carrying out a review and 

preparing a report under paragraph (1), the Secretary shall 

provide to the public an opportunity to participate. 

‘‘(3) REPORT DEADLINE.—Not later than 30 days after the 

date on which the Secretary completes a report under paragraph (1), the Secretary shall transmit copies of the report to— 

‘‘(A) the Committee on Energy and Natural Resources of 

the Senate; and 

‘‘(B) the Committee on Natural Resources of the House 

of Representatives. 

‘‘(s) COMPARATIVE REVIEW OF FISCAL SYSTEM.— 

‘‘(1) IN GENERAL.—Not later than 2 years after the date of 

enactment of this subsection and every 5 years thereafter, the 

Secretary shall carry out a comprehensive review of all components of the Federal offshore oil and gas fiscal system, including requirements for— 

‘‘(A) bonus bids; 

‘‘(B) rental rates; and 

‘‘(C) royalties. 

‘‘(2) REQUIREMENTS.— 

‘‘(A) CONTENTS; SCOPE.—A review under paragraph (1) 

shall include— 

‘‘(i) the information and analyses necessary to compare the offshore bonus bids, rents, and royalties of 

the Federal Government to the offshore bonus bids, 

rents, and royalties of other resource owners, including States and foreign countries; and 


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‘‘(ii) an assessment of the overall offshore oil and gas 

fiscal system in the United States, as compared to foreign countries. 

‘‘(B) INDEPENDENT ADVISORY COMMITTEE.—In carrying 

out a review under paragraph (1), the Secretary shall convene and seek the advice of an independent advisory committee comprised of oil and gas and fiscal experts from 

States, Indian tribes, academia, the energy industry, and 

appropriate nongovernmental organizations. 

‘‘(3) REPORT.— 

‘‘(A) IN GENERAL.—The Secretary shall prepare a report 

that contains— 

‘‘(i) the contents and results of the review carried 

out under paragraph (1) for the period covered by the 

report; and 

‘‘(ii) any recommendations of the Secretary based on 

the contents and results of the review. 

‘‘(B) REPORT DEADLINE.—Not later than 30 days after 

the date on which the Secretary completes a report under 

paragraph (1), the Secretary shall transmit copies of the 

report to the Committee on Natural Resources of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate.’’. 

(b) ENVIRONMENTAL DILIGENCE.—Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking 

subsection (d) and inserting the following: 

‘‘(d) REQUIREMENT FOR CERTIFICATION OF RESPONSIBLE STEWARDSHIP.— 

‘‘(1) CERTIFICATION REQUIREMENT.—No bid or request for a 

lease, easement, or right-of-way under this section, or for a 

permit to drill under section 11(d), may be submitted by any 

person unless the person certifies to the Secretary that the person (including any related person and any predecessor of such 

person or related person) meets each of the following requirements: 

‘‘(A) The person is meeting due diligence, safety, and environmental requirements on other leases, easements, and 

rights-of-way. 

‘‘(B) In the case of a person that is a responsible party 

for a vessel or a facility from which oil is discharged, for 

purposes of section 1002 of the Oil Pollution Act of 1990 

(33 U.S.C. 2702), the person has met all of its obligations 

under that Act to provide compensation for covered removal costs and damages. 

‘‘(C) In the 7-year period ending on the date of certification, the person, in connection with activities in the oil 

industry (including exploration, development, production, 

transportation by pipeline, and refining)— 

‘‘(i) was not found to have committed willful or repeated violations under the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 651 et seq.) (including 

State plans approved under section 18(c) of such Act 

(29 U.S.C. 667(c))) at a rate that is higher than five 

times the rate determined by the Secretary to be the 


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oil industry average for such violations for such period; 

‘‘(ii) was not convicted of a criminal violation for 

death or serious bodily injury; 

‘‘(iii) did not have more than 10 fatalities at its exploration, development, and production facilities and 

refineries as a result of violations of Federal or State 

health, safety, or environmental laws; 

‘‘(iv) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, 

civil penalties and criminal fines for violations the person was found to have committed under the Federal 

Water Pollution Control Act (33 U.S.C. 1251 et seq.) 

(including State programs approved under sections 

402 and 404 of such Act (33 U.S.C. 1342 and 1344)) 

in a total amount that is equal to more than 

$10,000,000; and 

‘‘(v) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, 

civil penalties and criminal fines for violations the person was found to have committed under the Clean Air 

Act (42 U.S.C. 7401 et seq.) (including State plans approved under section 110 of such Act (42 U.S.C. 7410)) 

in a total amount that is equal to more than 

$10,000,000. 

‘‘(2) ENFORCEMENT.—If the Secretary determines that a certification made under paragraph (1) is false, the Secretary 

shall cancel any lease, easement, or right of way and shall revoke any permit with respect to which the certification was required under such paragraph. 

‘‘(3) DEFINITION OF RELATED PERSON.—For purposes of this 

subsection, the term ‘related person’ includes a parent, subsidiary, affiliate, member of the same controlled group, contractor, subcontractor, a person holding a controlling interest 

or in which a controlling interest is held, and a person with 

substantially the same board members, senior officers, or investors.’’. 

(c) ALTERNATIVE ENERGY DEVELOPMENT.— 

(1) CLARIFICATION RELATING TO ALTERNATIVE ENERGY DEVELOPMENT.—Section 8(p) of the Outer Continental Shelf Lands 

Act (43 U.S.C. 1337(p)) is amended— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by inserting ‘‘or’’ after ‘‘1501 et seq.),’’, and by striking ‘‘or 

other applicable law,’’; and 

(ii) by amending subparagraph (D) to read as follows: 

‘‘(D) use, for energy-related purposes, facilities currently 

or previously used for activities authorized under this Act, 

except that any oil and gas energy-related uses shall not 

be authorized in areas in which oil and gas preleasing, 

leasing, and related activities are prohibited by a moratorium.’’; and 

(B) in paragraph (4)— 


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(i) in subparagraph (E), by striking ‘‘coordination’’ 

and inserting ‘‘in consultation’’; and 

(ii) in subparagraph (J)(ii), by inserting ‘‘a potential 

site for an alternative energy facility,’’ after ‘‘deepwater port,’’. 

(2) NONCOMPETITIVE ALTERNATIVE ENERGY LEASE OPTIONS.— Section 8(p)(3) of such Act (43 U.S.C. 1337(p)(3)) is amended 

to read as follows: 

‘‘(3) COMPETITIVE OR NONCOMPETITIVE BASIS.—Any lease, 

easement, right-of-way, or other authorization granted under 

paragraph (1) shall be issued on a competitive basis, unless— 

‘‘(A) the lease, easement, right-of-way, or other authorization relates to a project that meets the criteria established under section 388(d) of the Energy Policy Act of 

2005 (43 U.S.C. 1337 note; Public Law 109–58); 

‘‘(B) the lease, easement, right-of-way, or other authorization— 

‘‘(i) is for the placement and operation of a meteorological or marine data collection facility; and 

‘‘(ii) has a term of not more than 5 years; or 

‘‘(C) the Secretary determines, after providing public notice of a proposed lease, easement, right-of-way, or other 

authorization, that no competitive interest exists.’’. 

(d) REVIEW OF IMPACTS OF LEASE SALES ON THE MARINE AND

COASTAL ENVIRONMENT BY SECRETARY.—Section 8 of the Outer 

Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end of subsection (a) the following: 

‘‘(9) At least 60 days prior to any lease sale, the Secretary 

shall request a review by the Secretary of Commerce of the 

proposed sale with respect to impacts on the marine and coastal environment. The Secretary of Commerce shall complete and 

submit in writing the results of that review within 60 days 

after receipt of the Secretary of the Interior’s request. If the 

Secretary of Commerce makes specific recommendations related to a proposed lease sale to reduce impacts on the marine 

and coastal environment, and the Secretary rejects or modifies 

such recommendations, the Secretary shall provide in writing 

justification for rejecting or modifying such recommendations.’’. 

(e) LIMITATION ON LEASE TRACT SIZE.—Section 8(b)(1) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(1)) is amended by striking ‘‘, unless the Secretary finds that a larger area is 

necessary to comprise a reasonable economic production unit’’. 

(f) SULPHUR LEASES.—Section 8(i) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1337(i)) is amended by striking ‘‘meet the urgent need’’ and inserting ‘‘allow’’. 

(g) TERMS AND PROVISIONS.—Section 8(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) is amended by striking 

‘‘An oil and gas lease issued pursuant to this section shall’’ and inserting ‘‘An oil and gas lease may be issued pursuant to this section only if the Secretary determines that activities under the lease 

are not likely to result in any condition described in section 

5(a)(2)(A)(i), and shall’’. 

SEC. 207. DISPOSITION OF REVENUES. 

Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1338) is amended to read as follows: 


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‘‘SEC. 9. DISPOSITION OF REVENUES. 

‘‘(a) GENERAL.—Except as provided in subsections (b), (c), and (d), 

all rentals, royalties, and other sums paid to the Secretary or the 

Secretary of the Navy under any lease on the outer Continental 

Shelf for the period from June 5, 1950, to date, and thereafter shall 

be deposited in the Treasury of the United States and credited to 

miscellaneous receipts. 

‘‘(b) LAND AND WATER CONSERVATION FUND.—Effective for fiscal 

year 2011 and each fiscal year thereafter, $900,000,000 of the 

amounts referred to in subsection (a) shall be deposited in the 

Treasury of the United States and credited to the Land and Water 

Conservation Fund. These sums shall be available to the Secretary, 

without further appropriation or fiscal year limitation, for carrying 

out the purposes of the Land and Water Conservation Fund Act of 

1965 (16 U.S.C. 460l–4 et seq.). 

‘‘(c) HISTORIC PRESERVATION FUND.—Effective for fiscal year 2011 and each fiscal year thereafter, $150,000,000 of the amounts 

referred to in subsection (a) shall be deposited in the Treasury of 

the United States and credited to the Historic Preservation Fund. 

These sums shall be available to the Secretary, without further appropriation or fiscal year limitation, for carrying out the purposes 

of the National Historic Preservation Fund Act of 1966 (16 U.S.C. 

470 et seq.). 

‘‘(d) OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.— Effective for each fiscal year 2011 and thereafter, 10 percent of the 

amounts referred to in subsection (a) shall be deposited in the 

Treasury of the United States and credited to the Ocean Resources 

Conservation and Assistance Fund established by the Consolidated 

Land, Energy, and Aquatic Resources Act of 2010. These sums 

shall be available to the Secretary, subject to appropriation, for carrying out the purposes of section 605 of the Consolidated Land, Energy, and Aquatic Resources Act of 2010. 

‘‘(e) SAVINGS PROVISION.—Nothing in this section shall decrease 

the amount any State shall receive pursuant to section 8(g) of this 

Act or section 105 of the Gulf of Mexico Energy Security Act (43 

U.S.C. 1331 note).’’. 

SEC. 208. EXPLORATION PLANS. 

(a) LIMITATION ON HARM FROM AGENCY EXPLORATION.—Section 

11(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 

1340(a)(1)) is amended by striking ‘‘, which do not interfere with 

or endanger actual operations under any lease maintained or 

granted pursuant to this Act, and which are not unduly harmful 

to aquatic life in such area’’ and inserting ‘‘if a permit authorizing 

such activity is issued by the Secretary under subsection (g)’’. 

(b) EXPLORATION PLAN REVIEW.—Section 11(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)), is amended— 

(1) by inserting ‘‘(A)’’ before the first sentence; 

(2) in paragraph (1)(A), as designated by the amendment 

made by paragraph (1) of this subsection— 

(A) by striking ‘‘and the provisions of such lease’’ and inserting ‘‘the provisions of such lease, and other applicable 

environmental and natural resource conservation laws’’; 

and 

(B) by striking the fourth sentence and inserting the following: 


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‘‘(B) The Secretary shall approve such plan, as submitted 

or modified, within 90 days after its submission and it is 

made publicly accessible by the Secretary, or within such 

additional time as the Secretary determines is necessary to 

complete any environmental, safety, or other reviews, if 

the Secretary determines that— 

‘‘(i) any proposed activity under such plan is not 

likely to result in any condition described in section 

5(a)(2)(A)(i); 

‘‘(ii) the plan complies with other applicable environmental or natural resource conservation laws; 

‘‘(iii) in the case of geophysical surveys, the applicant will use the best available technologies and methods to minimize impacts on marine life; and 

‘‘(iv) the applicant has demonstrated the capability 

and technology to respond immediately and effectively 

to a worst-case oil spill in real-world conditions in the 

area of the proposed activity.’’; and 

(3) by adding at the end the following: 

‘‘(5) If the Secretary requires greater than 90 days to review 

an exploration plan submitted pursuant to any oil and gas 

lease issued or maintained under this Act, then the Secretary 

may provide for a suspension of that lease pursuant to section 

5 until the review of the exploration plan is completed.’’. 

(c) REQUIREMENTS.—Section 11(c) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1340(c), is amended by amending paragraph 

(3) to read as follows: 

‘‘(3) An exploration plan submitted under this subsection 

shall include, in the degree of detail that the Secretary may by 

regulation require— 

‘‘(A) a schedule of anticipated exploration activities to be 

undertaken; 

‘‘(B) a detailed and accurate description of equipment to 

be used for such activities, including— 

‘‘(i) a description of each drilling unit; 

‘‘(ii) a statement of the design and condition of major 

safety-related pieces of equipment, including independent third party certification of such equipment; 

and 

‘‘(iii) a description of any new technology to be used; 

‘‘(C) a map showing the location of each well to be 

drilled; 

‘‘(D) a scenario for the potential blowout of the well involving the highest potential volume of liquid hydrocarbons, along with a complete description of a response 

plan to both control the blowout and manage the accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the 

availability of a rig to drill a relief well, an estimate of the 

time it would take to drill a relief well, a description of 

other technology that may be used to regain control of the 

well or capture escaping hydrocarbons and the potential 

timeline for using that technology for its intended purpose, 

and the strategy, organization, and resources necessary to 


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avoid harm to the environment and human health from 

hydrocarbons; 

‘‘(E) an analysis of the potential impacts of the worstcase-scenario discharge of hydrocarbons on the marine, 

coastal, and human environments for activities conducted 

pursuant to the proposed exploration plan; and 

‘‘(F) such other information deemed pertinent by the Secretary.’’. 

(d) DRILLING PERMITS.—Section 11(d) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1340(d)) is amended by to read as follows: 

‘‘(d) DRILLING PERMITS.— 

‘‘(1) IN GENERAL.—The Secretary shall, by regulation, require 

that any lessee operating under an approved exploration plan 

obtain a permit prior to drilling any well in accordance with 

such plan, and prior to any significant modification of the well 

design as originally approved by the Secretary. 

‘‘(2) ENGINEERING REVIEW REQUIRED.—The Secretary may 

not grant any drilling permit or modification of the permit 

prior to completion of a full engineering review of the well system, including a determination that critical safety systems, including blowout prevention, will utilize best available technology and that blowout prevention systems will include redundancy and remote triggering capability. 

‘‘(3) OPERATOR SAFETY AND ENVIRONMENTAL MANAGEMENT

REQUIRED.—The Secretary shall not grant any drilling permit 

or modification of the permit prior to completion of a safety 

and environmental management plan to be utilized by the operator during all well operations.’’. 

(e) EXPLORATION PERMIT REQUIREMENTS.—Section 11(g) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1340(g)) is amended 

by— 

(1) striking ‘‘shall be issued’’ and inserting ‘‘may be issued’’; 

(2) inserting ‘‘and after consultation with the Secretary of 

Commerce,’’ after ‘‘in accordance with regulations issued by the 

Secretary’’; 

(3) striking the ‘‘and’’ at the end of paragraph (2); 

(4) in paragraph (3) striking ‘‘will not be unduly harmful to’’ 

and inserting ‘‘is not likely to harm’’; 

(5) striking the period at the end of paragraph (3) and inserting a semicolon; and 

(6) adding at the end the following: 

‘‘(4) the exploration will be conducted in accordance with 

other applicable environmental and natural resource conservation laws; 

‘‘(5) in the case of geophysical surveys, the applicant will use 

the best available technologies and methods to minimize impacts on marine life; and 

‘‘(6) in the case of drilling operations, the applicant has available oil spill response and clean-up equipment and technology 

that has been demonstrated to be capable of effectively remediating a worst-case release of oil.’’. 

(f) ENVIRONMENTAL REVIEW OF PLANS; DEEPWATER PLAN; PLAN

DISAPPROVAL.—Section 11 of the Outer Continental Shelf Lands 


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Act (43 U.S.C. 1340) is amended by adding at the end the following: 

‘‘(i) ENVIRONMENTAL REVIEW OF PLANS.—The Secretary shall 

treat the approval of an exploration plan, or a significant revision 

of such a plan, as an agency action requiring preparation of an environmental assessment or environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), and shall require that such plan— 

‘‘(1) be based on the best available technology to ensure safety in carrying out both the drilling of the well and any oil spill 

response; and 

‘‘(2) contain a technical systems analysis of the safety of the 

proposed activity, the blowout prevention technology, and the 

blowout and spill response plans. 

‘‘(j) DISAPPROVAL OF PLAN.— ‘‘(1) IN GENERAL.—The Secretary shall disapprove the plan if 

the Secretary determines, because of exceptional geological 

conditions in the lease areas, exceptional resource values in 

the marine or coastal environment, or other exceptional circumstances, that— 

‘‘(A) implementation of the plan would probably cause 

serious harm or damage to life (including fish and other 

aquatic life), to property, to any mineral deposits (in areas 

leased or not leased), to the national security or defense, 

or to the marine, coastal, or human environments; 

‘‘(B) the threat of harm or damage will not disappear or 

decrease to an acceptable extent within a reasonable period of time; and 

‘‘(C) the advantages of disapproving the plan outweigh 

the advantages of exploration. 

‘‘(2) CANCELLATION OF LEASE FOR DISAPPROVAL OF PLAN.—If 

a plan is disapproved under this subsection, the Secretary may 

cancel such lease in accordance with subsection (c)(1) of this 

section.’’. 

SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1344) is amended— 

(1) in subsection (a) in the second sentence by striking ‘‘meet 

national energy needs’’ and inserting ‘‘balance national energy 

needs and the protection of the marine and coastal environment and all the resources in that environment,’’; 

(2) in subsection (a)(1), by striking ‘‘considers’’ and inserting 

‘‘gives equal consideration to’’; 

(3) in subsection (a)(2)(A)— 

(A) by striking ‘‘existing’’ and inserting ‘‘the best available scientific’’; and 

(B) by inserting ‘‘, including at least three consecutive 

years of data’’ after ‘‘information’’; 

(4) in subsection (a)(2)(D), by inserting ‘‘potential and existing sites of renewable energy installations,’’ after ‘‘deepwater 

ports,’’; 

(5) in subsection (a)(2)(H), by inserting ‘‘including the availability of infrastructure to support oil spill response’’ before the 

period; 

(6) in subsection (a)(3), by— 


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(A) striking ‘‘to the maximum extent practicable,’’; 

(B) striking ‘‘obtain a proper balance between’’ and inserting ‘‘minimize’’; and 

(C) striking ‘‘damage,’’ and all that follows through the 

period and inserting ‘‘damage and adverse impacts on the 

marine, coastal, and human environments, and enhancing 

the potential for the discovery of oil and gas.’’; 

(7) in subsection (b)(1), by inserting ‘‘environmental, marine, 

and energy’’ after ‘‘obtain’’; 

(8) in subsection (b)(2), by inserting ‘‘environmental, marine, 

and’’ after ‘‘interpret the’’; 

(9) in subsection (b)(3), by striking ‘‘and’’ after the semicolon 

at the end; 

(10) by striking the period at the end of subsection (b)(4) and 

inserting a semicolon; 

(11) by adding at the end of subsection (b) the following: 

‘‘(5) provide technical review and oversight of exploration 

plans and a systems review of the safety of well designs and 

other operational decisions; 

‘‘(6) conduct regular and thorough safety reviews and inspections; and 

‘‘(7) enforce all applicable laws and regulations.’’; 

(12) in the first sentence of subsection (c)(1), by inserting 

‘‘the National Oceanic and Atmospheric Administration and’’ 

after ‘‘including’’; 

(13) in subsection (c)(2)— 

(A) by inserting after the first sentence the following: 

‘‘The Secretary shall also submit a copy of such proposed 

program to the head of each Federal agency referred to in, 

or that otherwise provided suggestions under, paragraph 

(1).’’; 

(B) in the third sentence, by inserting ‘‘or head of a Federal agency’’ after ‘‘such Governor’’; and 

(C) in the fourth sentence, by inserting ‘‘or between the 

Secretary and the head of a Federal agency,’’ after ‘‘affected State,’’; 

(14) by redesignating subsection (c)(3) as subsection (c)(4) 

and by inserting before subsection (c)(4) (as so redesignated) 

the following: 

‘‘(3) At least 60 days prior to the publication of a proposed leasing program under this section, the Secretary shall request a review by the Secretary of Commerce of the proposed leasing program with respect to impacts on the marine and coastal environments. If the Secretary rejects or modifies any of the recommendations made by the Secretary of Commerce concerning the location, 

timing, or conduct of leasing activities under the proposed leasing 

program, the Secretary shall provide in writing justification for rejecting or modifying such recommendations.’’. 

(15) in the second sentence of subsection (d)(2), by inserting 

‘‘, the head of a Federal agency,’’ after ‘‘Attorney General’’; 

(16) in subsection (g), by inserting after the first sentence the 

following: ‘‘Such information may include existing inventories 

and mapping of marine resources previously undertaken by the 

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ment of Defense, and other available data regarding energy or 

mineral resource potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses on the outer Continental Shelf.’’; and 

(17) by adding at the end the following new subsection: 

‘‘(i) RESEARCH AND DEVELOPMENT.—The Secretary shall carry out 

a program of research and development to ensure the continued 

improvement of methodologies for characterizing resources of the 

outer Continental Shelf and conditions that may affect the ability 

to develop and use those resources in a safe, sound, and environmentally responsible manner. Such research and development activities may include activities to provide accurate estimates of energy and mineral reserves and potential on the Outer Continental 

Shelf and any activities that may assist in filling gaps in environmental data needed to develop each leasing program under this 

section.’’. 

SEC. 210. ENVIRONMENTAL STUDIES. 

(a) INFORMATION NEEDED FOR ASSESSMENT AND MANAGEMENT OF

ENVIRONMENTAL IMPACTS.—Section 20 of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1346) is amended by striking so much 

as precedes ‘‘of any area’’ in subsection (a)(1) and inserting the following: 

‘‘SEC. 20. ENVIRONMENTAL STUDIES. 

‘‘(a)(1) The Secretary, in cooperation with the Secretary of Commerce, shall conduct a study no less than once every three years’’. 

(b) IMPACTS OF DEEP WATER SPILLS.—Section 20 of the Outer 

Continental Shelf Lands Act (43 U.S.C. 1346) is amended by— 

(1) redesignating subsections (c) through (f) as (d) through 

(g); and 

(2) inserting after subsection (b) the following new subsection: 

‘‘(c) The Secretary shall conduct research to identify and reduce 

data gaps related to impacts of deepwater hydrocarbon spills, including— 

‘‘(1) effects to benthic substrate communities and species; 

‘‘(2) water column habitats and species; 

‘‘(3) surface and coastal impacts from spills originating in 

deep waters; and 

‘‘(4) the use of dispersants.’’. 

SEC. 211. SAFETY REGULATIONS. 

Section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1347) is amended— 

(1) in subsection (a), by striking ‘‘Upon the date of enactment 

of this section,’’ and inserting ‘‘Within 6 months after the date 

of enactment of the Outer Continental Shelf Lands Act Amendments of 2010 and every three years thereafter,’’; 

(2) in subsection (b) by— 

(A) striking ‘‘for the artificial islands, installations, and 

other devices referred to in section 4(a)(1) of’’ and inserting 

‘‘under’’; 

(B) striking ‘‘which the Secretary determines to be economically feasible’’; and 

(C) adding at the end ‘‘Not later than 6 months after the 

date of enactment of the Outer Continental Shelf Lands 


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Act Amendments of 2010 and every 3 years thereafter, the 

Secretary shall, in consultation with the Outer Continental 

Shelf Safety and Environmental Advisory Board established under title I of the Consolidated Land, Energy, and 

Aquatic Resources Act of 2010, identify and publish an updated list of (1) the best available technologies for key 

areas of well design and operation, including blowout prevention and blowout and oil spill response and (2) technology needs for which the Secretary intends to identify 

best available technologies in the future.’’; and 

(3) by adding at the end the following: 

‘‘(g) SAFETY CASE.—Not later than 6 months after the date of enactment of the Outer Continental Shelf Lands Act Amendments of 

2010, the Secretary shall promulgate regulations requiring a safety 

case be submitted along with each new application for a permit to 

drill on the outer Continental Shelf. Not later than 5 years after 

the date final regulations promulgated under this subsection go 

into effect, and not less than every 5 years thereafter, the Secretary shall enter into an arrangement with the National Academy 

of Engineering to conduct a study to assess the effectiveness of 

these regulations and to recommend improvements in their administration. 

‘‘(h) OFFSHORE TECHNOLOGY RESEARCH AND RISK ASSESSMENT

PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall carry out a program 

of research, development, and risk assessment to address technology and development issues associated with exploration for, 

and development and production of, energy and mineral resources on the outer Continental Shelf, with the primary purpose of informing its role relating to safety, environmental protection, and spill response. 

‘‘(2) SPECIFIC FOCUS AREAS.—The program under this subsection shall include research and development related to— 

‘‘(A) risk assessment, using all available data from safety 

and compliance records both within the United States and 

internationally; 

‘‘(B) analysis of industry trends in technology, investment, and frontier areas; 

‘‘(C) reviews of best available technologies, including 

those associated with pipelines, blowout preventer mechanisms, casing, well design, and other associated infrastructure related to offshore energy development; 

‘‘(D) oil spill response and mitigation; 

‘‘(E) risk associated with human factors; 

‘‘(F) technologies and methods to reduce the impact of 

geophysical exploration activities on marine life; and 

‘‘(G) renewable energy operations.’’. 

SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS. 

(a) IN GENERAL.—Section 22 of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1348) is amended— 

(1) by amending subsection (c) to read as follows: 

‘‘(c) INSPECTIONS.—The Secretary and the Secretary of the department in which the Coast Guard is operating shall individually, 

or jointly if they so agree, promulgate regulations to provide for— 


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‘‘(1) scheduled onsite inspection, at least once a year, of each 

facility on the outer Continental Shelf which is subject to any 

environmental or safety regulation promulgated pursuant to 

this Act, which inspection shall include all safety equipment 

designed to prevent or ameliorate blowouts, fires, spillages, or 

other major accidents; 

‘‘(2) scheduled onsite inspection, at least once a month, of 

each facility on the outer Continental Shelf engaged in drilling 

operations and which is subject to any environmental or safety 

regulation promulgated pursuant to this Act, which inspection 

shall include validation of the safety case required for the facility under section 21(g) and identifications of deviations from 

the safety case, and shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spillages, or 

other major accidents; 

‘‘(3) periodic onsite inspection without advance notice to the 

operator of such facility to assure compliance with such environmental or safety regulations; and 

‘‘(4) periodic audits of each required safety and environmental management plan, and any associated safety case, both 

with respect to their implementation at each facility on the 

outer Continental Shelf for which such a plan or safety case is 

required and with respect to onshore management support for 

activities at such a facility.’’; 

(2) in subsection (d)(1)— 

(A) by striking ‘‘each major fire and each major oil spillage’’ and inserting ‘‘each major fire, each major oil spillage, 

each loss of well control, and any other accident that presented a serious risk to human or environmental safety’’; 

and 

(B) by inserting before the period at the end the following: ‘‘, as a condition of the lease or permit’’; 

(3) in subsection (d)(2), by inserting before the period at the 

end the following: ‘‘as a condition of the lease or permit’’; 

(4) in subsection (e), by adding at the end the following: ‘‘Any 

such allegation from any employee of the lessee or any subcontractor of the lessee shall be investigated by the Secretary.’’; 

(5) in subsection (b)(1), by striking ‘‘recognized’’ and inserting 

‘‘uncontrolled’’; and 

(6) by adding at the end the following: 

‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE ACTIONS.—For 

any incident investigated under this section, the Secretary shall 

promptly make available to all lessees and the public technical information about the causes and corrective actions taken. All data 

and reports related to any such incident shall be maintained in a 

data base available to the public. 

‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 

‘‘(1) The Secretary, in cooperation with the Secretary of the 

department in which the Coast Guard is operating, shall require all operators of all new and existing drilling and production operations to annually certify that their operations are 

being conducted in accordance with applicable law and regulations. 

‘‘(2) Each certification shall include, but, not be limited to, 

statements that verify the operator has— 


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‘‘(A) examined all well control system equipment (both 

surface and subsea) being used to ensure that it has been 

properly maintained and is capable of shutting in the well 

during emergency operations; 

‘‘(B) examined and conducted tests to ensure that the 

emergency equipment has been function-tested and is capable of addressing emergency situations; 

‘‘(C) reviewed all rig drilling, casing, cementing, well 

abandonment (temporary and permanent), completion, and 

workover practices to ensure that well control is not compromised at any point while emergency equipment is installed on the wellhead; 

‘‘(D) reviewed all emergency shutdown and dynamic positioning procedures that interface with emergency well 

control operations; and 

‘‘(E) taken the necessary steps to ensure that all personnel involved in well operations are properly trained and 

capable of performing their tasks under both normal drilling and emergency well control operations. 

‘‘(i) CEO STATEMENT.—The Secretary shall not approve any application for a permit to drill a well under this Act unless such application is accompanied by a statement in which the chief executive officer of the applicant attests, in writing, that— 

‘‘(1) the applicant is in compliance with all applicable environmental and natural resource conservation laws; 

‘‘(2) the applicant has the capability and technology to respond immediately and effectively to a worst-case oil spill in 

real-world conditions in the area of the proposed activity under 

the permit; 

‘‘(3) the applicant has an oil spill response plan that ensures 

that the applicant has the capacity to promptly control and 

stop a blowout in the event that well control measures fail; 

‘‘(4) the blowout preventer to be used during the drilling of 

the well has redundant systems to prevent or stop a blowout 

for all foreseeable blowout scenarios and failure modes; 

‘‘(5) the well design is safe; and 

‘‘(6) the applicant has the capability to expeditiously begin 

and complete a relief well if necessary in the event of a blowout. 

‘‘(j) THIRD PARTY CERTIFICATION.—All operators that modify or 

upgrade any emergency equipment placed on any operation to prevent blow-outs or other well control events, shall have an independent third party conduct a detailed physical inspection and design review of such equipment within 30 days of its installation. 

The independent third party shall certify that the equipment will 

operate as originally designed and any modifications or upgrades 

conducted after delivery have not compromised the design, performance, or functionality of the equipment. Failure to comply with 

this subsection shall result in suspension of the lease.’’. 

(b) APPLICATION.—Section 22(i) of the Outer Continental Shelf 

Lands Act, as added by the amendments made by subsection (a), 

shall apply to approvals of applications for a permit to drill that 

are submitted after the end of the 6-month period beginning on the 

date of enactment of this Act. 


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SEC. 213. JUDICIAL REVIEW. 

Section 23(c)(3) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1349(c)(3)) is amended by striking ‘‘sixty’’ and inserting ‘‘90’’. 

SEC. 214. REMEDIES AND PENALTIES. 

(a) CIVIL PENALTY, GENERALLY.—Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended to read as 

follows: 

‘‘(b)(1) Except as provided in paragraph (2), any person who fails 

to comply with any provision of this Act, or any term of a lease, 

license, or permit issued pursuant to this Act, or any regulation or 

order issued under this Act, shall be liable for a civil administrative penalty of not more than $75,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the 

person charged with a violation has been given an opportunity for 

a hearing. The Secretary shall, by regulation at least every 3 years, 

adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city 

average) as prepared by the Department of Labor. 

‘‘(2) If a failure described in paragraph (1) constitutes or constituted a threat of harm or damage to life (including fish and 

other aquatic life), property, any mineral deposit, or the marine, 

coastal, or human environment, a civil penalty of not more than 

$150,000 shall be assessed for each day of the continuance of the 

failure.’’. 

(b) KNOWING AND WILLFUL VIOLATIONS.—Section 24(c) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1350(c)) is amended 

in paragraph (4) by striking ‘‘$100,000’’ and inserting 

‘‘$10,000,000’’. 

(c) OFFICERS AND AGENTS OF CORPORATIONS.—Section 24(d) of 

the Outer Continental Shelf Lands Act (43 U.S.C. 1350(d)) is 

amended by inserting ‘‘, or with willful disregard,’’ after ‘‘knowingly 

and willfully’’. 

SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL SHELF. 

Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1351) is amended— 

(1) by striking ‘‘other than the Gulf of Mexico,’’ in each place 

it appears; 

(2) in subsection (c), by striking ‘‘and’’ after the semicolon at 

the end of paragraph (5), redesignating paragraph (6) as paragraph (11), and inserting after paragraph (5) the following new 

paragraphs: 

‘‘(6) a detailed and accurate description of equipment to be 

used for the drilling of wells pursuant to activities included in 

the development and production plan, including— 

‘‘(A) a description of the drilling unit or units; 

‘‘(B) a statement of the design and condition of major 

safety-related pieces of equipment, including independent 

third-party certification of such equipment; and 

‘‘(C) a description of any new technology to be used; 

‘‘(7) a scenario for the potential blowout of each well to be 

drilled as part of the plan involving the highest potential volume of liquid hydrocarbons, along with a complete description 

of a response plan to both control the blowout and manage the 


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accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, an estimate of the time it 

would take to drill a relief well, a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for 

using that technology for its intended purpose, and the strategy, organization, and resources necessary to avoid harm to the 

environment and human health from hydrocarbons; 

‘‘(8) an analysis of the potential impacts of the worst-casescenario discharge on the marine and coastal environments for 

activities conducted pursuant to the proposed development and 

production plan; 

‘‘(9) a comprehensive survey and characterization of the 

coastal or marine environment within the area of operation, including bathymetry, currents and circulation patterns within 

the water column, and descriptions of benthic and pelagic environments; 

‘‘(10) a description of the technologies to be deployed on the 

facilities to routinely observe and monitor in real time the marine environment throughout the duration of operations, and a 

description of the process by which such observation data and 

information will be made available to Federal regulators and 

to the System established under section 12304 of Public Law 

111–11 (33 U.S.C. 3603); and’’; 

(3) in subsection (e), by striking so much as precedes paragraph (2) and inserting the following: 

‘‘(e)(1) The Secretary shall treat the approval of a development 

and production plan, or a significant revision of a development and 

production plan, as an agency action requiring preparation of an 

environmental assessment or environmental impact statement, in 

accordance with the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.).’’; 

(4) by striking subsections (g) and (l), and redesignating subsections (h) through (k) as subsections (g) through and (j); and 

(5) in subsection (g), as so redesignated, by redesignating 

paragraphs (2) and (3) as paragraphs (3) and (4), respectively, 

and inserting after paragraph (1) the following: 

‘‘(2) The Secretary shall not approve a development and production plan, or a significant revision to such a plan, unless– 

‘‘(A) the plan is in compliance with all other applicable 

environmental and natural resource conservation laws; 

and 

‘‘(B) the applicant has available oil spill response and 

clean-up equipment and technology that has been demonstrated to be capable of effectively remediating the projected worst-case release of oil from activities conducted 

pursuant to the development and production plan.’’. 

SEC. 216. OIL AND GAS INFORMATION PROGRAM. 

Section 26(a)(1) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1352(a)(1)) is amended by— 

(1) striking the period at the end of subparagraph (A) and 

inserting, ‘‘, provided that such data shall be transmitted in 

electronic format either in real-time or as quickly as practicable following the generation of such data.’’; and 


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(2) striking subparagraph (C) and inserting the following: 

‘‘(C) Lessees engaged in drilling operations shall provide 

to the Secretary— 

‘‘(i) all daily reports generated by the lessee, or any 

daily reports generated by contractors or subcontractors engaged in or supporting drilling operations on 

the lessee’s lease, no more than 24 hours after the end 

of the day for which they should have been generated; 

‘‘(ii) documentation of blowout preventer maintenance and repair, and any changes to design specifications of the blowout preventer, within 24 hours after 

such activity; and 

‘‘(iii) prompt or real-time transmission of the electronic log from a blowout preventer control system.’’. 

SEC. 217. LIMITATION ON ROYALTY-IN-KIND PROGRAM. 

Section 27(a) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1353(a)) is amended by striking the period at the end of 

paragraph (1) and inserting ‘‘, except that the Secretary shall not 

conduct a regular program to take oil and gas lease royalties in oil 

or gas.’’. 

SEC. 218. RESTRICTIONS ON EMPLOYMENT. 

Section 29 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1355) is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘SEC. 29’’ and all that follows through ‘‘No 

full-time’’ and inserting the following: 

‘‘SEC. 29. RESTRICTIONS ON EMPLOYMENT. 

‘‘(a) IN GENERAL.—No full-time’’; and 

(B) by striking ‘‘, and who was at any time during the 

twelve months preceding the termination of his employment with the Department compensated under the Executive Schedule or compensated at or above the annual rate 

of basic pay for grade GS–16 of the General Schedule’’; 

(2) in paragraph (1)— 

(A) in subparagraph (A), by inserting ‘‘or advise’’ after 

‘‘represent’’; 

(B) in subparagraph (B), by striking ‘‘with the intent to 

influence, make’’ and inserting ‘‘act with the intent to influence, directly or indirectly, or make’’; and 

(C) in the matter following subparagraph (C)— 

(i) by inserting ‘‘inspection or enforcement action,’’ 

before ‘‘or other particular matter’’; and 

(ii) by striking ‘‘or’’ at the end; 

(3) in paragraph (2)— 

(A) in subparagraph (A), by inserting ‘‘or advise’’ after 

‘‘represent’’; 

(B) in subparagraph (B), by striking ‘‘with the intent to 

influence, make’’ and inserting ‘‘act with the intent to influence, directly or indirectly, or make’’; and 

(C) by striking the period at the end and inserting ‘‘; or’’; 

and 

(4) by adding at the end the following: 

‘‘(3) during the 2-year period beginning on the date on which 

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partment, accept employment or compensation from any party 

that has a direct and substantial interest— 

‘‘(A) that was pending under the official responsibility of 

the officer or employee as an officer at any point during 

the 2-year period preceding the date of termination of the 

responsibility; or 

‘‘(B) in which the officer or employee participated personally and substantially as an officer or employee of the Department. 

‘‘(b) PRIOR DEALINGS.—No full-time officer or employee of the Department of the Interior who directly or indirectly discharged duties or responsibilities under this Act shall participate personally 

and substantially as a Federal officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, inspection, enforcement action, or 

other particular matter in which, to the knowledge of the officer or 

employee— 

‘‘(1) the officer or employee or the spouse, minor child, or 

general partner of the officer or employee has a financial interest; 

‘‘(2) any organization in which the officer or employee is 

serving as an officer, director, trustee, general partner, or employee has a financial interest; 

‘‘(3) any person or organization with whom the officer or employee is negotiating or has any arrangement concerning prospective employment has a financial interest; or 

‘‘(4) any person or organization in which the officer or employee has, within the preceding 1-year period, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee. 

‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No full-time officer or employee of the Department of the Interior who directly or indirectly 

discharges duties or responsibilities under this Act shall, directly 

or indirectly, solicit or accept any gift in violation of subpart B of 

part 2635 of title 5, Code of Federal Regulations (or successor regulations). 

‘‘(d) PENALTY.—Any person that violates subsection (a) or (b) 

shall be punished in accordance with section 216 of title 18, United 

States Code.’’. 

SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS. 

(a) REPEAL OF PROVISIONS OF ENERGY POLICY ACT OF 2005.—The 

following provisions of the Energy Policy Act of 2005 (Public Law 

109–58) are repealed: 

(1) Section 344 (42 U.S.C. 15904; relating to incentives for 

natural gas production from deep wells in shallow waters of 

the Gulf of Mexico). 

(2) Section 345 (42 U.S.C. 15905; relating to royalty relief for 

deep water production in the Gulf of Mexico). 

(b) REPEAL OF PROVISIONS RELATING TO PLANNING AREAS OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ‘‘and in 

the Planning Areas offshore Alaska’’. 


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SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN REQUIREMENTS. 

Section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1356) is amended— 

(1) in subsection (a), by striking ‘‘shall issue regulations 

which’’ and inserting ‘‘shall issue regulations that shall be supplemental to and complementary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and 

seabed of the outer Continental Shelf pursuant to section 

4(a)(1) of this Act, except insofar as such laws would otherwise 

apply to individuals who have extraordinary ability in the 

sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and 

that’’; and 

(2) by adding at the end the following: 

‘‘(d) BUY AND BUILD AMERICAN.—It is the intention of the Congress that this Act, among other things, result in a healthy and 

growing American industrial, manufacturing, transportation, and 

service sector employing the vast talents of America’s workforce to 

assist in the development of energy from the outer Continental 

Shelf. Moreover, the Congress intends to monitor the deployment 

of personnel and material on the outer Continental Shelf to encourage the development of American technology and manufacturing to 

enable United States workers to benefit from this Act by good jobs 

and careers, as well as the establishment of important industrial 

facilities to support expanded access to American resources.’’. 

SEC. 221. NATIONAL COMMISSION ON THE BP DEEPWATER HORIZON 

OIL SPILL AND OFFSHORE DRILLING. 

(a) TECHNICAL EXPERTISE.— 

(1) NATIONAL ACADEMY OF ENGINEERING AND NATIONAL RESEARCH COUNCIL.—The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established 

under Executive Order No. 13543 of May 21, 2010 (referred to 

in this section as the ‘‘Commission’’) shall consult regularly, 

and in any event no less frequently than once per month, with 

the engineering and technology experts who are conducting the 

‘‘Analysis of Causes of the Deepwater Horizon Explosion, Fire, 

and Oil Spill to Identify Measures to Prevent Similar Accidents 

in the Future’’ for the National Academy of Engineering and 

the National Research Council. 

(2) OTHER TECHNICAL EXPERTS.—The Commission also shall 

consult with other United States citizens with experience and 

expertise in such areas as— 

(A) engineering; 

(B) environmental compliance; 

(C) health and safety law (particularly oil spill legislation); 

(D) oil spill insurance policies; 

(E) public administration; 

(F) oil and gas exploration and production; 

(G) environmental cleanup; 

(H) fisheries and wildlife management; 

(I) marine safety; and 

(J) human factors affecting safety. 


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(3) COMMISSION STAFF AND TECHNICAL EXPERTISE.—The 

Commission shall retain, as either a full-time employee or a 

contractor, one or more science and technology expert-advisors 

with experience and expertise in petroleum engineering, rig 

safety, or drilling. 

(b) SUBPOENAS.— 

(1) SUBPOENA POWER.—The Commission may issue subpoenas in accordance with this subsection to compel the attendance and testimony of witnesses and the production of 

books, records, correspondence, memoranda, and other documents. 

(2) ISSUANCE.— 

(A) AUTHORIZATION.—A subpoena may be issued under 

this subsection only by— 

(i) agreement of the Co-Chairs of the Commission; or 

(ii) the affirmative vote of a majority of the members 

of the Commission. 

(B) JUSTICE DEPARTMENT COORDINATION.— 

(i) NOTIFICATION.—The Commission shall notify the 

Attorney General or the Attorney General’s designee 

of the Commission’s intent to issue a subpoena under 

this subsection, the identity of the recipient, and the 

nature of the testimony, documents, or other evidence 

(described in subparagraph (A)) sought before issuing 

such a subpoena. The form and content of such notice 

shall be set forth in the guidelines issued under clause 

(iv). 

(ii) CONDITIONS FOR OBJECTION TO ISSUANCE.—The 

Commission may not issue a subpoena under authority of this Act if the Attorney General objects to the 

issuance of the subpoena on the basis that the subpoena is likely to interfere with any— 

(I) Federal or State criminal investigation or 

prosecution; 

(II) pending investigation under sections 3729 

through 3732 of title 31, United States Code (commonly known as the ‘‘Civil False Claims Act’’); 

(III) pending investigation under any other Federal statute providing for civil remedies; or 

(IV) civil litigation to which the United States 

or any of its agencies is or is likely to be a party. 

(iii) NOTIFICATION OF OBJECTION.—The Attorney 

General or relevant United States Attorney shall notify the Commission of an objection raised under this 

subparagraph without unnecessary delay and as set 

forth in the guidelines issued under clause (iv). 

(iv) GUIDELINES.—As soon as practicable, but no 

later than 30 days after the date of the enactment of 

this Act, the Attorney General, after consultation with 

the Commission, shall issue guidelines to carry out 

this paragraph. 

(C) SIGNATURE AND SERVICE.—A subpoena issued under 

this subsection may be— 


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(i) issued under the signature of either Co-Chair of 

the Commission or any member designated by a majority of the Commission; and 

(ii) served by any person designated by the CoChairs or a member designated by a majority of the 

Commission. 

(3) ENFORCEMENT.— (A) REQUIRED PROCEDURES.—In the case of contumacy of 

any person issued a subpoena under this subsection or refusal by such person to comply with the subpoena, the 

Commission may request the Attorney General to seek enforcement of the subpoena. Upon such request, the Attorney General may seek enforcement of the subpoena in a 

court described in subparagraph (B). The court in which 

the Attorney General seeks enforcement of the subpoena 

may issue an order requiring the subpoenaed person to appear at any designated place to testify or to produce documentary or other evidence described in subparagraph (A) 

of paragraph (2), and may punish any failure to obey the 

order as a contempt of that court. 

(B) JURISDICTION FOR ENFORCEMENT.—Any United 

States district court for a judicial district in which a person issued a subpoena under this subsection resides, is 

served, or may be found, or where the subpoena is returnable, upon application of the Attorney General, shall have 

jurisdiction to enforce the subpoena as provided in subparagraph (A). 

(c) RECOMMENDATIONS AND PURPOSES.— (1) IN GENERAL.—The Commission shall develop recommendations for— 

(A) improvements to Federal laws, regulations, and industry practices applicable to offshore drilling that 

would— 

(i) ensure the effective oversight, inspection, monitoring, and response capabilities; and 

(ii) protect the environment and natural resources; 

and 

(B) organizational or other reforms of Federal agencies 

or processes, including the creation of new agencies, as 

necessary, to ensure that the improvements described in 

paragraph (1) are implemented and maintained. 

(2) GOALS.—In developing recommendations under paragraph (1), the Commission shall ensure that the following goals 

are met: 

(A) Ensuring the safe operation and maintenance of offshore drilling platforms or vessels. 

(B) Protecting the overall environment and natural resources surrounding ongoing and potential offshore drilling 

sites. 

(C) Developing and maintaining Federal agency expertise on the safe and effective use of offshore drilling technologies, including technologies to minimize the risk of release of oil from offshore drilling platforms or vessels. 

(D) Encouraging the development and implementation of 

efficient and effective oil spill response techniques and 


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technologies that minimize or eliminate any adverse effects on natural resources or the environment that result 

from response activities. 

(E) Ensuring that the Federal agencies regulating offshore drilling are staffed with, and managed by, career 

professionals, who are— 

(i) permitted to exercise independent professional 

judgments and make safety the highest priority in carrying out their responsibilities; 

(ii) not subject to undue influence from regulated interests or political appointees; and 

(iii) subject to strict regulation to prevent improper 

relationships with regulated interests and to eliminate 

real or perceived conflicts of interests. 

(3) REPORT TO CONGRESS.—In coordination with its final public report to the President, the Commission shall submit to 

Congress a report containing the recommendations developed 

under paragraph (1). 

SEC. 222. COORDINATION AND CONSULTATION WITH AFFECTED 

STATE AND LOCAL GOVERNMENTS. 

Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1345) is amended— 

(1) by inserting ‘‘exploration plan or’’ before ‘‘development 

and production plan’’ in each place it appears; and 

(2) by amending subsection (c) to read as follows: 

‘‘(c) ACCEPTANCE OR REJECTION OF RECOMMENDATIONS.—The 

Secretary shall accept recommendations of the Governor and may 

accept recommendations of the executive of any affected local government if the Secretary determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. For purposes of this subsection, a determination of the national interest shall be based on the desirability 

of obtaining oil and gas supplies in a balanced manner and on protecting coastal and marine ecosystems and the economies dependent on those ecosystems. The Secretary shall provide an explanation to the Governor, in writing, of the reasons for his determination to accept or reject such Governor’s recommendations, or 

to implement any alternative identified in consultation with the 

Governor.’’. 

SEC. 223. IMPLEMENTATION. 

(a) NEW LEASES.—The provisions of this title and title VII shall 

apply to any lease that is issued under the Outer Continental Shelf 

Lands Act (43 U.S.C. 1331 et seq.) after the effective date of this 

Act. 

(b) EXISTING LEASES.—For all leases that were issued under the 

Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) that 

are in effect on the effective date of this Act, the Secretary shall 

take action, consistent with the terms of those leases, to apply the 

requirements of this title and title VII to those leases. Such action 

may include, but is not limited to, promulgating regulations, renegotiating such existing leases, conditioning future leases on 

bringing such existing leases into full or partial compliance with 


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this title and title VII, or taking any other actions authorized by 

law. 

Subtitle B—Royalty Relief for American 

Consumers 

SEC. 241. SHORT TITLE. 

This subtitle may be cited as the ‘‘Royalty Relief for American 

Consumers Act of 2010’’. 

SEC. 242. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF 

LEASES. 

(a) ISSUANCE OF NEW LEASES.— (1) IN GENERAL.—The Secretary shall not issue any new 

lease that authorizes the production of oil or natural gas under 

the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 

to a person described in paragraph (2) unless the person has 

renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the 

person to require the payment of royalties if the price of oil 

and natural gas is greater than or equal to the price thresholds 

described in clauses (v) through (vii) of section 8(a)(3)(C) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

(2) PERSONS DESCRIBED.—A person referred to in paragraph 

(1) is a person that— 

(A) is a lessee that— 

(i) holds a covered lease on the date on which the 

Secretary considers the issuance of the new lease; or 

(ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease 

to another person or entity (including a subsidiary or 

affiliate of the lessee) after the date of enactment of 

this Act; or 

(B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. 

(3) MULTIPLE LESSEES.— 

(A) IN GENERAL.—For purposes of paragraph (1), if there 

are multiple lessees that own a share of a covered lease, 

the Secretary may implement separate agreements with 

any lessee with a share of the covered lease that modifies 

the payment responsibilities with respect to the share of 

the lessee to include price thresholds that are equal to or 

less than the price thresholds described in clauses (v) 

through (vii) of section 8(a)(3)(C) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

(B) TREATMENT OF SHARE AS COVERED LEASE.—Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not 

constitute a covered lease with respect to any lessees that 

entered into the agreement. 

(b) TRANSFERS.—A lessee or any other person who has any direct 

or indirect interest in, or who derives a benefit from, a lease shall 

not be eligible to obtain by sale or other transfer (including through 

a swap, spinoff, servicing, or other agreement) any covered lease, 

the economic benefit of any covered lease, or any other lease for the 


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production of oil or natural gas in the Gulf of Mexico under the 

Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless 

the lessee or other person has— 

(1) renegotiated each covered lease with respect to which the 

lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are 

equal to or less than the price thresholds described in clauses 

(v) through (vii) of section 8(a)(3)(C) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or 

(2) entered into an agreement with the Secretary to modify 

the terms of all covered leases of the lessee or other person to 

include limitations on royalty relief based on market prices 

that are equal to or less than the price thresholds described in 

clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

(c) USE OF AMOUNTS FOR DEFICIT REDUCTION.—Notwithstanding 

any other provision of law, any amounts received by the United 

States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction 

or, if there is no Federal budget deficit, for reducing the Federal 

debt in such manner as the Secretary of the Treasury considers appropriate. 

(d) DEFINITIONS.—In this section— 

(1) COVERED LEASE.—The term ‘‘covered lease’’ means a lease 

for oil or gas production in the Gulf of Mexico that is— 

(A) in existence on the date of enactment of this Act; 

(B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); 

and 

(C) not subject to limitations on royalty relief based on 

market price that are equal to or less than the price 

thresholds described in clauses (v) through (vii) of section 

8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1337(a)(3)(C)). 

(2) LESSEE.—The term ‘‘lessee’’ includes any person or other 

entity that controls, is controlled by, or is in or under common 

control with, a lessee. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 243. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. 

The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf 

of Mexico tract in the period of January 1, 1996, through November 

28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any 

amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail 

through September 30, 2010. 


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TITLE III—OIL AND GAS ROYALTY 

REFORM 

SEC. 301. AMENDMENTS TO DEFINITIONS. 

Section 3 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1702) is amended— 

(1) in paragraph (8), by striking the semicolon and inserting 

‘‘including but not limited to the Act of October 20, 1914 (38 

Stat. 741); the Act of February 25, 1920 (41 Stat. 437); the Act 

of April 17, 1926 (44 Stat. 301); the Act of February 7, 1927 

(44 Stat. 1057); and all Acts heretofore or hereafter enacted 

that are amendatory of or supplementary to any of the foregoing Acts;’’; 

(2) in paragraph (20)(A), by striking ‘‘: Provided, That’’ and 

all that follows through ‘‘subject of the judicial proceeding’’; 

(3) in paragraph (20)(B), by striking ‘‘(with written notice to 

the lessee who designated the designee)’’; 

(4) in paragraph (23)(A), by striking ‘‘(with written notice to 

the lessee who designated the designee)’’; 

(5) by striking paragraph (24) and inserting the following: 

‘‘(24) ‘designee’ means a person who pays, offsets, or credits 

monies, makes adjustments, requests and receives refunds, or 

submits reports with respect to payments a lessee must make 

pursuant to section 102(a);’’; 

(6) in paragraph (25)(B)— 

(A) by striking ‘‘(subject to the provisions of section 

102(a) of this Act)’’; and 

(B) in clause (ii) by striking the matter after subclause 

(IV) and inserting the following: 

‘‘that arises from or relates to any lease, easement, right-of-way, 

permit, or other agreement regardless of form administered by the 

Secretary for, or any mineral leasing law related to, the exploration, production, and development of oil and gas or other energy 

resource on Federal lands or the Outer Continental Shelf;’’. 

(7) in paragraph (29), by inserting ‘‘or permit’’ after ‘‘lease’’; 

and 

(8) by striking ‘‘and’’ after the semicolon at the end of paragraph (32), by striking the period at the end of paragraph (33) 

and inserting a semicolon, and by adding at the end the following new paragraphs: 

‘‘(34) ‘compliance review’ means a full-scope or a limitedscope examination of a lessee’s lease accounts to compare one 

or all elements of the royalty equation (volume, value, royalty 

rate, and allowances) against anticipated elements of the royalty equation to test for variances; and 

‘‘(35) ‘marketing affiliate’ means an affiliate of a lessee whose 

function is to acquire the lessee’s production and to market 

that production.’’. 

SEC. 302. COMPLIANCE REVIEWS. 

Section 101 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1711) is amended by adding at the end the following new subsection: 

‘‘(d) The Secretary may, as an adjunct to audits of accounts for 

leases, utilize compliance reviews of accounts. Such reviews shall 


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not constitute nor substitute for audits of lease accounts. Any disparity uncovered in such a compliance review shall be immediately 

referred to a program auditor. The Secretary shall, before completion of a compliance review, provide notice of the review to designees whose obligations are the subject of the review.’’. 

SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAYMENTS. 

Section 102(a) of the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1712(a)) is amended to read as follows: 

‘‘(a) In order to increase receipts and achieve effective collections 

of royalty and other payments, a lessee who is required to make 

any royalty or other payment under a lease, easement, right-ofway, permit, or other agreement, regardless of form, or under the 

mineral leasing laws, shall make such payment in the time and 

manner as may be specified by the Secretary or the applicable delegated State. Any person who pays, offsets, or credits monies, makes 

adjustments, requests and receives refunds, or submits reports 

with respect to payments the lessee must make is the lessee’s designee under this Act. Notwithstanding any other provision of this 

Act to the contrary, a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty 

under the lease. The person owning operating rights in a lease and 

a person owning legal record title in a lease shall be liable for that 

person’s pro rata share of payment obligations under the lease.’’. 

SEC. 304. REQUIRED RECORDKEEPING. 

Section 103(b) of the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1712(a)) is amended by striking ‘‘6’’ and inserting ‘‘7’’. 

SEC. 305. FINES AND PENALTIES. 

Section 109 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1719) is amended— 

(1) in subsection (a) in the matter following paragraph (2), 

by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 

(2) in subsection (a)(2)(B), by inserting ‘‘(i)’’ after ‘‘such person’’, and by striking the period at the end and inserting ‘‘; and 

(ii) has not received notice, pursuant to paragraph (1), of more 

than two prior violations in the current calendar year.’’; 

(3) in subsection (b), by striking ‘‘$5,000’’ and inserting 

‘‘$10,000’’; 

(4) in subsection (c)— 

(A) in paragraph (2), by striking ‘‘; or’’ and inserting ‘‘, 

including any failure or refusal to promptly tender requested documents;’’; 

(B) in the text following paragraph (3)— 

(i) by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’; 

and 

(ii) by striking the comma at the end and inserting 

a semicolon; and 

(C) by adding at the end the following new paragraphs: 

‘‘(4) knowingly or willfully fails to make any royalty payment 

in the amount or value as specified by statute, regulation, 

order, or terms of the lease; or 

‘‘(5) fails to correctly report and timely provide operations or 

financial records necessary for the Secretary or any authorized 


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designee of the Secretary to accomplish lease management responsibilities,’’; 

(5) in subsection (d), by striking ‘‘$25,000’’ and inserting 

‘‘$50,000’’; 

(6) in subsection (h), by striking ‘‘by registered mail’’ and inserting ‘‘a common carrier that provides proof of delivery’’; and 

(7) by adding at the end the following subsection: 

‘‘(m)(1) Any determination by the Secretary or a designee of the 

Secretary that a person has committed a violation under subsection 

(a), (c), or (d)(1) shall toll any applicable statute of limitations for 

all oil and gas leases held or operated by such person, until the 

later of— 

‘‘(A) the date on which the person corrects the violation and 

certifies that all violations of a like nature have been corrected 

for all of the oil and gas leases held or operated by such person; or 

‘‘(B) the date a final, nonappealable order has been issued by 

the Secretary or a court of competent jurisdiction. 

‘‘(2) A person determined by the Secretary or a designee of the 

Secretary to have violated subsection (a), (c), or (d)(1) shall maintain all records with respect to the person’s oil and gas leases until 

the later of— 

‘‘(A) the date the Secretary releases the person from the obligation to maintain such records; and 

‘‘(B) the expiration of the period during which the records 

must be maintained under section 103(b).’’. 

SEC. 306. INTEREST ON OVERPAYMENTS. 

Section 111 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1721) is amended— 

(1) by amending subsections (h) and (i) to read as follows: 

‘‘(h) Interest shall not be allowed nor paid nor credited on any 

overpayment, and no interest shall accrue from the date such overpayment was made. 

‘‘(i) A lessee or its designee may make a payment for the approximate amount of royalties (hereinafter in this subsection referred to 

as the ‘estimated payment’) that would otherwise be due for such 

lease by the date royalties are due for that lease. When an estimated payment is made, actual royalties are payable at the end of 

the month following the month in which the estimated payment is 

made. If the estimated payment was less than the amount of actual 

royalties due, interest is owed on the underpaid amount. If the lessee or its designee makes a payment for such actual royalties, the 

lessee or its designee may apply the estimated payment to future 

royalties. Any estimated payment may be adjusted, recouped, or reinstated by the lessee or its designee provided such adjustment, 

recoupment, or reinstatement is made within the limitation period 

for which the date royalties were due for that lease.’’; 

(2) by striking subsection (j); and 

(3) in subsection (k)(4)— 

(A) by striking ‘‘or overpaid royalties and associated interest’’; and 

(B) by striking ‘‘, refunded, or credited’’. 


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SEC. 307. ADJUSTMENTS AND REFUNDS. 

Section 111A of the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1721a) is amended— 

(1) in subsection (a)(3), by inserting ‘‘(A)’’ after ‘‘(3)’’, and by 

striking the last sentence and inserting the following: 

‘‘(B) Except as provided in subparagraph (C), no adjustment may be made with respect to an obligation that is 

the subject of an audit or compliance review after completion of the audit or compliance review, respectively, unless 

such adjustment is approved by the Secretary or the applicable delegated State, as appropriate. 

‘‘(C) If an overpayment is identified during an audit, the 

Secretary shall allow a credit in the amount of the overpayment.’’; 

(2) in subsection (a)(4)— 

(A) by striking ‘‘six’’ and inserting ‘‘four’’; and 

(B) by striking ‘‘shall’’ the second place it appears and 

inserting ‘‘may’’; and 

(3) in subsection (b)(1) by striking ‘‘and’’ after the semicolon 

at the end of subparagraph (C), by striking the period at the 

end of subparagraph (D) and inserting ‘‘; and’’, and by adding 

at the end the following: 

‘‘(E) is made within the adjustment period for that obligation.’’. 

SEC. 308. CONFORMING AMENDMENT. 

Section 114 of the Federal Oil and Gas Royalty Management Act 

of 1982 is repealed. 

SEC. 309. OBLIGATION PERIOD. 

Section 115(c) of the Federal Oil and Gas Royalty Management 

Act of 1982 (30 U.S.C. 1724(c)) is amended by adding at the end 

the following new paragraph: 

‘‘(3) ADJUSTMENTS.—In the case of an adjustment under section 111A(a) in which a recoupment by the lessee results in an 

underpayment of an obligation, for purposes of this Act the obligation becomes due on the date the lessee or its designee 

makes the adjustment.’’. 

SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND SUBPOENAS. 

(a) TOLLING AGREEMENTS.—Section 115(d)(1) of the Federal Oil 

and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is 

amended by striking ‘‘(with notice to the lessee who designated the 

designee)’’. 

(b) SUBPOENAS.—Section 115(d)(2)(A) of the Federal Oil and Gas 

Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is 

amended by striking ‘‘(with notice to the lessee who designated the 

designee, which notice shall not constitute a subpoena to the lessee)’’. 

SEC. 311. APPEALS AND FINAL AGENCY ACTION. 

Paragraphs (1) and (2) of section 115(h) the Federal Oil and Gas 

Royalty Management Act of 1982 (30 U.S.C. 1724(h)) are amended 

by striking ‘‘33’’ each place it appears and inserting ‘‘48’’. 


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SEC. 312. ASSESSMENTS. 

Section 116 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1724) is repealed. 

SEC. 313. COLLECTION AND PRODUCTION ACCOUNTABILITY. 

(a) PILOT PROJECT.—Within two years after the date of enactment of this Act, the Secretary shall complete a pilot project with 

willing operators of oil and gas leases on the Outer Continental 

Shelf that assesses the costs and benefits of automatic transmission of oil and gas volume and quality data produced under 

Federal leases on the Outer Continental Shelf in order to improve 

the production verification systems used to ensure accurate royalty 

collection and audit. 

(b) REPORT.—The Secretary shall submit to Congress a report on 

findings and recommendations of the pilot project within 3 years 

after the date of enactment of this Act. 

SEC. 314. NATURAL GAS REPORTING. 

The Secretary shall, within 180 days after the date of enactment 

of this Act, implement the steps necessary to ensure accurate determination and reporting of BTU values of natural gas from all 

Federal oil and gas leases to ensure accurate royalty payments to 

the United States. Such steps shall include, but not be limited to— 

(1) establishment of consistent guidelines for onshore and 

offshore BTU information from gas producers; 

(2) development of a procedure to determine the potential 

BTU variability of produced natural gas on a by-reservoir or 

by-lease basis; 

(3) development of a procedure to adjust BTU frequency requirements for sampling and reporting on a case-by-case basis; 

(4) systematic and regular verification of BTU information; 

and 

(5) revision of the ‘‘MMS–2014’’ reporting form to record, in 

addition to other information already required, the natural gas 

BTU values that form the basis for the required royalty payments. 

SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING OF DATA. 

(a) IN GENERAL.—The Secretary shall issue regulations by not 

later than 1 year after the date of enactment of this Act that establish a civil penalty for late or incorrect reporting of data under the 

Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 

1701 et seq.). 

(b) AMOUNT.—The amount of the civil penalty shall be— 

(1) an amount (subject to paragraph (2)) that the Secretary 

determines is sufficient to ensure filing of data in accordance 

with that Act; and (2) not less than $10 for each failure to file correct data in 

accordance with that Act. 

(c) CONTENT OF REGULATIONS.—Except as provided in subsection 

(b), the regulations issued under this section shall be substantially 

similar to part 216.40 of title 30, Code of Federal Regulations, as 

most recently in effect before the date of enactment of this Act. 

SEC. 316. REQUIRED RECORDKEEPING. 

Within 1 year after the date of enactment of this Act, the Secretary shall publish final regulations concerning required recordkeeping of natural gas measurement data as set forth in part 


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250.1203 of title 30, Code of Federal Regulations (as in effect on 

the date of enactment of this Act), to include operators and other 

persons involved in the transporting, purchasing, or selling of gas 

under the requirements of that rule, under the authority provided 

in section 103 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1713). 

SEC. 317. SHARED CIVIL PENALTIES. 

Section 206 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1736) is amended by striking ‘‘Such amount 

shall be deducted from any compensation due such State or Indian 

Tribe under section 202 or section 205 or such State under section 

205.’’. 

SEC. 318. APPLICABILITY TO OTHER MINERALS. 

Section 304 of the Federal Oil and Gas Royalty Management Act 

of 1982 (30 U.S.C. 1753) is amended by adding at the end the following new subsection: 

‘‘(e) APPLICABILITY TO OTHER MINERALS.— 

‘‘(1) Notwithstanding any other provision of law, sections 

107, 109, and 110 of this Act and the regulations duly promulgated with respect thereto shall apply to any lease authorizing 

the development of coal or any other solid mineral on any Federal lands or Indian lands, to the same extent as if such lease 

were an oil and gas lease, on the same terms and conditions 

as those authorized for oil and gas leases. 

‘‘(2) Notwithstanding any other provision of law, sections 

107, 109, and 110 of this Act and the regulations duly promulgated with respect thereto shall apply with respect to any 

lease, easement, right-of-way, or other agreement, regardless of 

form (including any royalty, rent, or other payment due thereunder)— 

‘‘(A) under section 8(k) or 8(p) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)); or 

‘‘(B) under the Geothermal Steam Act (30 U.S.C. 1001 et 

seq.), to the same extent as if such lease, easement, rightof-way, or other agreement were an oil and gas lease on 

the same terms and conditions as those authorized for oil 

and gas leases. 

‘‘(3) For the purposes of this subsection, the term ‘solid mineral’ means any mineral other than oil, gas, and geo-pressuredgeothermal resources, that is authorized by an Act of Congress 

to be produced from public lands (as that term is defined in 

section 103 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1702)).’’. 

SEC. 319. ENTITLEMENTS. 

Not later than 180 days after the date of enactment of this Act, 

the Secretary shall publish final regulations prescribing when a 

Federal lessee or designee must report and pay royalties on the volume of oil and gas it takes under either a Federal or Indian lease 

or on the volume to which it is entitled to based upon its ownership 

interest in the Federal or Indian lease. The Secretary shall give 

consideration to requiring 100 percent entitlement reporting and 

paying based upon the lease ownership. 


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SEC. 320. LIMITATION ON ROYALTY IN-KIND PROGRAM. 

Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is amended 

by inserting before the period at the end of the first sentence the 

following: ‘‘, except that the Secretary shall not conduct a regular 

program to take oil and gas lease royalties in oil or gas’’. 

TITLE IV—FULL FUNDING FOR THE 

LAND AND WATER CONSERVATION 

AND HISTORIC PRESERVATION 

FUNDS 

Subtitle A—Land and Water Conservation 

Fund 

SEC. 401. AMENDMENTS TO THE LAND AND WATER CONSERVATION 

FUND ACT OF 1965. 

Except as otherwise expressly provided, whenever in this subtitle 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall be 

considered to be made to a section or other provision of the Land 

and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et 

seq.). 

SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION 

FUND. 

Section 2 (16 U.S.C. 460l–5) is amended by striking ‘‘September 

30, 2015’’ both places it appears and inserting ‘‘September 30, 

2040’’. 

SEC. 403. PERMANENT FUNDING. 

(a) IN GENERAL.—The text of section 3 (16 U.S.C. 460l–6) is 

amended to read as follows: 

‘‘(a) PERMANENT FUNDING.—Of the moneys covered into the fund, 

$900,000,000 shall be available each fiscal year for expenditure for 

the purposes of this Act without further appropriation. 

‘‘(b) ALLOCATION AUTHORITY.—The Committees on Appropriations of the House of Representatives and the Senate may provide 

by law for the allocation of moneys in the fund to eligible activities 

under this Act.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 2(c)(2) (16 U.S.C. 460l–5(c)(2)) is amended by 

striking ‘‘: Provided’’ and all that follows through the end of 

the sentence and inserting a period. 

(2) Section 7(a) (16 U.S.C. 460l–9) is amended to read as follows: ‘‘Moneys from the fund for Federal purposes shall, unless 

allocated pursuant to section 3(b) of this Act, be allotted by the 

President to the following purposes and subpurposes:’’. 


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Subtitle B—National Historic Preservation 

Fund 

SEC. 411. PERMANENT FUNDING. 

The text of section 108 of the National Historic Preservation Act 

(16 U.S.C. 470h) is amended to read as follows: 

‘‘(a) PERMANENT FUNDING.—To carry out the provisions of this 

Act, there is hereby established the Historic Preservation Fund 

(hereinafter referred to as the ‘fund’) in the Treasury of the United 

States. There shall be covered into the fund $150,000,000 for each 

of fiscal years 1982 through 2040 from revenues due and payable 

to the United States under the Outer Continental Shelf Lands Act 

(67 Stat. 462, 469), as amended (43 U.S.C. 1338) and/or under the 

Act of June 4, 1920 (41 Stat. 813), as amended (30 U.S.C.191), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall 

be used only to carry out the purposes of this Act and shall be 

available for expenditure without further appropriation. 

‘‘(b) ALLOCATION AUTHORITY.—The Committees on Appropriations of the House of Representatives and the Senate may provide 

by law for the allocation of moneys in the fund to eligible activities 

under this Act.’’. 

TITLE V—GULF OF MEXICO 

RESTORATION 

SEC. 501. GULF OF MEXICO RESTORATION PROGRAM. 

(a) PROGRAM.—There is established a Gulf of Mexico Restoration 

Program for the purposes of coordinating Federal, State, and local 

restoration programs and projects to maximize efforts in restoring 

biological integrity, productivity and ecosystem functions in the 

Gulf of Mexico. 

(b) GULF OF MEXICO RESTORATION TASK FORCE.— 

(1) ESTABLISHMENT.—There is established a task force to be 

known as the Gulf of Mexico Restoration Task Force (in this 

section referred to as the ‘‘Restoration Task Force’’). 

(2) MEMBERSHIP.—The Restoration Task Force shall consist 

of the Governors of each of the Gulf Coast States and the 

heads of appropriate Federal agencies selected by the President. The chairperson of the Restoration Task Force (in this 

subsection referred to as the ‘‘Chair’’) shall be appointed by the 

President. The Chair shall be a person who, as the result of 

experience and training, is exceptionally well-qualified to manage the work of the Restoration Task Force. The Chair shall 

serve in the Executive Office of the President. 

(3) ADVISORY COMMITTEES.—The Restoration Task Force may 

establish advisory committees and working groups as necessary to carry out is its duties under this Act. 

(c) GULF OF MEXICO RESTORATION PLAN.— 

(1) IN GENERAL.—Not later than nine months after the date 

of enactment of this Act, the Restoration Task Force shall issue 

a proposed comprehensive, multi-jurisdictional plan for longterm restoration of the Gulf of Mexico that incorporates, to the 


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greatest extent possible, existing restoration plans. Not later 

than 12 months after the date of enactment and after notice 

and opportunity for public comment, the Restoration Task 

Force shall publish a final plan. The Plan shall be updated 

every five years in the same manner. 

(2) ELEMENTS OF RESTORATION PLAN.—The Plan shall— 

(A) identify processes and strategies for coordinating 

Federal, State, and local restoration programs and projects 

to maximize efforts in restoring biological integrity, productivity and ecosystem functions in the Gulf of Mexico region; 

(B) identify mechanisms for scientific review and input 

to evaluate the benefits and long-term effectiveness of restoration programs and projects; 

(C) identify, using the best science available, strategies 

for implementing restoration programs and projects for 

natural resources including— 

(i) restoring species population and habitat including oyster reefs, sea grass beds, coral reefs, tidal 

marshes and other coastal wetlands and barrier islands and beaches; 

(ii) restoring fish passage and improving migratory 

pathways for wildlife; 

(iii) research that directly supports restoration programs and projects; 

(iv) restoring the biological productivity and ecosystem function in the Gulf of Mexico region; 

(v) improving the resilience of natural resources to 

withstand the impacts of climate change and ocean 

acidification to ensure the long-term effectiveness of 

the restoration program; and 

(vi) restoring fisheries resources in the Gulf of Mexico that benefit the commercial and recreational fishing industries and seafood processing industries 

throughout the United States. 

(3) REPORT.—The Task Force shall annually provide a report 

to Congress about the progress in implementing the Plan. 

(d) DEFINITIONS.—For purposes of this section, the term— 

(1) ‘‘Gulf Coast State’’ means each of the States of Texas, 

Louisiana, Mississippi, Alabama, and Florida; and 

(2) ‘‘restoration programs and projects’’ means activities that 

support the restoration, rehabilitation, replacement, or acquisition of the equivalent, of injured or lost natural resources including the ecological services and benefits provided by such 

resources. 

(e) RELATIONSHIP TO OTHER LAW.—Nothing in this section affects 

the ability or authority of the Federal Government to recover costs 

of removal or damages from a person determined to be a responsible party pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 

2701 et seq.) or other law. 

SEC. 502. GULF OF MEXICO LONG-TERM ENVIRONMENTAL MONITORING AND RESEARCH PROGRAM. 

(a) IN GENERAL.—To ensure that the Federal Government has 

independent, peer-reviewed scientific data and information to assess long-term direct and indirect impacts on trust resources loVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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cated in the Gulf of Mexico and Southeast region resulting from the 

Deepwater Horizon oil spill, the Secretary, through the National 

Oceanic and Atmospheric Administration, shall establish as soon as 

practicable after the date of enactment of this Act, a long-term, 

comprehensive marine environmental monitoring and research program for the marine and coastal environment of the Gulf of Mexico. 

The program shall remain in effect for a minimum of 10 years, and 

the Secretary may extend the program beyond this initial period 

based upon a determination that additional monitoring and research is warranted. 

(b) SCOPE OF PROGRAM.—The program established under subsection (a) shall at a minimum include monitoring and research of 

the physical, chemical, and biological characteristics of the affected 

marine, coastal, and estuarine areas of the Gulf of Mexico and 

other regions of the exclusive economic zone of the United States 

affected by the Deepwater Horizon oil spill, and shall include specifically the following elements: 

(1) The fate, transport, and persistence of oil released during 

the spill and spatial distribution throughout the water column. 

(2) The fate, transport, and persistence of chemical 

dispersants applied in-situ or on surface waters. 

(3) Identification of lethal and sub-lethal impacts to fish and 

wildlife resources that utilize habitats located within the affected region. 

(4) Impacts to regional, State, and local economies that depend on the natural resources of the affected area, including 

commercial and recreational fisheries, and other wildlife-dependent recreation. 

(5) Other elements considered necessary by the Secretary to 

ensure a comprehensive marine research and monitoring program to comprehend and understand the implications to trust 

resources caused by the Deepwater Horizon oil spill. 

(c) COOPERATION AND CONSULTATION.—In developing the research and monitoring program established under subsection (a), 

the Secretary shall cooperate with the United States Geological 

Survey, and shall consult with— 

(1) the Council authorized under subtitle E of title II of Public Law 104–201; 

(2) appropriate representatives from the Gulf Coast States; 

(3) academic institutions and other research organizations; 

and 

(4) other experts with expertise in long-term environmental 

monitoring and research of the marine environment. 

(d) AVAILABILITY OF DATA.—Data and information generated 

through the program established under subsection (a) shall be 

managed and archived to ensure that it is accessible and available 

to governmental and nongovernmental personnel and to the general public for their use and information. 

(e) REPORT.—No later than one year after the establishment of 

the program under subsection (a), and biennially thereafter, the 

Secretary shall forward to the Congress a comprehensive report 

summarizing the activities and findings of the program and detailing areas and issues requiring future monitoring and research. 

(f) DEFINITIONS.—For the purposes of this section, the term— 


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(1) ‘‘trust resources’’ means the living and nonliving natural 

resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any 

State, an Indian tribe, or a local government; 

(2) ‘‘Gulf coast State’’ means each of the states of Texas, Louisiana, Mississippi, Alabama and Florida; and 

(3) ‘‘Secretary’’ means the Secretary of Commerce. 

SEC. 503. GULF OF MEXICO EMERGENCY MIGRATORY SPECIES ALTERNATIVE HABITAT PROGRAM. 

(a) IN GENERAL.—In order to reduce the injury or death of many 

populations of migratory species of fish and wildlife, including 

threatened and endangered species and other species of critical 

conservation concern, that utilize estuarine, coastal, and marine 

habitats of the Gulf of Mexico that have been impacted, or are likely to be impacted, by the Deepwater Horizon oil spill, and to ensure 

that migratory species upon their annual return to the Gulf of 

Mexico find viable, healthy, and environmentally-safe habitats to 

utilize for resting, feeding, nesting and roosting, and breeding, the 

Secretary of the Interior shall establish as soon as practicable after 

date of enactment of this Act, an emergency migratory species alternative habitat program. 

(b) SCOPE OF PROGRAM.—The program established under subsection (a) shall at a minimum support projects along the Northern 

coast of the Gulf of Mexico to— 

(1) improve wetland water quality and forage; 

(2) restore and refurbish diked impoundments; 

(3) improve riparian habitats to increase fish passage and 

breeding habitat; 

(4) encourage conversion of agricultural lands to provide alternative migratory habitat for water fowl and other migratory 

birds; 

(5) transplant, relocate, or rehabilitate fish and wildlife; and 

(6) conduct other activities considered necessary by the Secretary to ensure that migratory species have alternative habitat available for their use outside of habitat impacted by the 

oil spill. 

(c) NATIONAL FISH AND WILDLIFE FOUNDATION.—In implementing this section the Secretary may enter into an agreement 

with the National Fish and Wildlife Foundation to administer the 

program. 

TITLE VI—COORDINATION AND 

PLANNING 

SEC. 601. REGIONAL COORDINATION. 

(a) IN GENERAL.—The purpose of this title is to promote— 

(1) better coordination, communication, and collaboration between Federal agencies with authorities for ocean, coastal, and 

Great Lakes management; and 

(2) coordinated and collaborative regional planning efforts 

using the best available science, and to ensure the protection 

and maintenance of marine ecosystem health, in decisions affecting the sustainable development and use of Federal renewable and nonrenewable resources on, in, or above the ocean (inVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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cluding the Outer Continental Shelf) and the Great Lakes for 

the long-term economic and environmental benefit of the 

United States. 

(b) OBJECTIVES OF REGIONAL EFFORTS.—Such regional efforts 

shall achieve the following objectives: 

(1) Greater systematic communication and coordination 

among Federal, coastal State, and affected tribal governments 

concerned with the conservation of and the sustainable development and use of Federal renewable and nonrenewable resources of the oceans, coasts, and Great Lakes. 

(2) Greater reliance on a multiobjective, science- and ecosystem-based, spatially explicit management approach that integrates regional economic, ecological, affected tribal, and social objectives into ocean, coastal, and Great Lakes management decisions. 

(3) Identification and prioritization of shared State and Federal ocean, coastal, and Great Lakes management issues. 

(4) Identification of data and information needed by the Regional Coordination Councils established under section 602. 

(c) REGIONS.—There are hereby designated the following Coordination Regions: 

(1) PACIFIC REGION.—The Pacific Coordination Region, which 

shall consist of the coastal waters and Exclusive Economic 

Zone adjacent to the States of Washington, Oregon, and California. 

(2) GULF OF MEXICO REGION.—The Gulf of Mexico Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of Texas, Louisiana, Mississippi, and Alabama, and the west coast of Florida. 

(3) NORTH ATLANTIC REGION.—The North Atlantic Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of Maine, New 

Hampshire, Massachusetts, Rhode Island, and Connecticut. 

(4) MID ATLANTIC REGION.—The Mid Atlantic Coordination 

Region, which shall consist of the coastal waters and Exclusive 

Economic Zone adjacent to the States of New York, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia. 

(5) SOUTH ATLANTIC REGION.—The South Atlantic Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of North Carolina, South Carolina, Georgia, the east coast of Florida, and the 

Straits of Florida Planning Area. 

(6) ALASKA REGION.—The Alaska Coordination Region, which 

shall consist of the coastal waters and Exclusive Economic 

Zone adjacent to the State of Alaska. 

(7) PACIFIC ISLANDS REGION.—The Pacific Islands Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the State of Hawaii, the 

Commonwealth of the Northern Mariana Islands, American 

Samoa, and Guam. 

(8) CARIBBEAN REGION.—The Caribbean Coordination Region, 

which shall consist of the coastal waters and Exclusive Economic Zone adjacent to Puerto Rico and the United States Virgin Islands. 


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(9) GREAT LAKES REGION.—The Great Lakes Coordination 

Region, which shall consist of waters of the Great Lakes in the 

States of Illinois, Indiana, Michigan, Minnesota, New York, 

Ohio, Pennsylvania, and Wisconsin. 

SEC. 602. REGIONAL COORDINATION COUNCILS. 

(a) IN GENERAL.—Within 180 days after the date of enactment of 

this Act, the Chairman of the Council on Environmental Quality, 

in consultation with the affected coastal States and affected Indian 

tribes, shall establish or designate a Regional Coordination Council 

for each of the Coordination Regions designated by section 601(c). 

(b) MEMBERSHIP.— 

(1) FEDERAL REPRESENTATIVES.—Within 90 days after the 

date of enactment of this Act, the Chairman of the Council on 

Environmental Quality shall publish the titles of the officials 

of each Federal agency and department that shall participate 

in each Council. The Councils shall include representatives of 

each Federal agency and department that has authorities related to the development of ocean, coastal, or Great Lakes policies or engages in planning, management, or scientific activities that significantly affect or inform the use of ocean, coastal, 

or Great Lakes resources. The Chairman of the Council on Environmental Quality shall determine which Federal agency 

representative shall serve as the chairperson of each Council. 

(2) COASTAL STATE REPRESENTATIVES.— 

(A) NOTICE OF INTENT TO PARTICIPATE.—The Governor of 

each coastal State within each Coordination Region designated by section 601(c) shall within 3 months after the 

date of enactment of this Act, inform the Chairman of the 

Council on Environmental Quality whether or not the 

State intends to participate in the Regional Coordination 

Council for the Region. 

(B) APPOINTMENT OF RESPONSIBLE STATE OFFICIAL.—If a 

coastal State intends to participate in such Council, the 

Governor of the coastal State shall appoint an officer or 

employee of the coastal State agency with primary responsibility for overseeing ocean and coastal policy or resource 

management to that Council. 

(C) ALASKA REGIONAL COORDINATION COUNCIL.—The Regional Coordination Council for the Alaska Coordination 

Region shall include representation from each of the States 

of Alaska, Washington, and Oregon, if appointed by the 

Governor of that State in accordance with this paragraph. 

(3) REGIONAL FISHERY MANAGEMENT COUNCIL REPRESENTATION.—A representative of each Regional Fishery Management 

Council with jurisdiction in the Coordination Region of a Regional Coordination Council (who is selected by the Regional 

Fishery Management Council) and the executive director of the 

interstate marine fisheries commission with jurisdiction in the 

Coordination Region of a Regional Coordination Council shall 

each serve as a member of the Council. 

(4) REGIONAL OCEAN PARTNERSHIP REPRESENTATION.—A representative of any Regional Ocean Partnership that has been 

established for any part of the Coordination Region of a Regional Coordination Council may appoint a representative to 


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serve on the Council in addition to any Federal or State appointments. 

(5) TRIBAL REPRESENTATION.—An appropriate tribal official 

selected by affected Indian tribes situated in the affected Coordination Region may elect to appoint a representative of such 

tribes collectively to serve as a member of the Regional Coordination Council for that Region. 

(6) LOCAL REPRESENTATION.—The Chairman of the Council 

on Environmental Quality shall, in consultation with the Governors of the coastal States within each Coordination Region, 

identify and appoint representatives of county and local governments, as appropriate, to serve as members of the Regional 

Coordination Council for that Region. 

(c) ADVISORY COMMITTEE.—Each Regional Coordination Council 

shall establish advisory committees for the purposes of public and 

stakeholder input and scientific advice, made up of a balanced representation from the energy, shipping, transportation, commercial 

and recreational fishing, and recreation industries, from marine environmental nongovernmental organizations, and from scientific 

and educational authorities with expertise in the conservation and 

management of ocean, coastal, and Great Lakes resources to advise 

the Council during the development of Regional Assessments and 

Regional Strategic Plans and in its other activities. 

(d) COORDINATION WITH EXISTING PROGRAMS.—Each Regional 

Coordination Council shall build upon and complement current 

State, multistate, and regional capacity and governance and institutional mechanisms to manage and protect ocean waters, coastal 

waters, and ocean resources. 

SEC. 603. REGIONAL STRATEGIC PLANS. 

(a) INITIAL REGIONAL ASSESSMENT.— (1) IN GENERAL.—Each Regional Coordination Council, shall, 

within one year after the date of enactment of this Act, prepare 

an initial assessment of its Coordination Region that shall 

identify deficiencies in data and information necessary to informed decisionmaking by Federal, State, and affected tribal 

governments concerned with the conservation of and management of the oceans, coasts, and Great Lakes. Each initial assessment shall to the extent feasible— 

(A) identify the Coordination Region’s renewable and 

non renewable resources, including current and potential 

energy resources; 

(B) identify and include a spatially and temporally explicit inventory of existing and potential uses of the Coordination Region, including fishing and fish habitat, 

recreation, and energy development; 

(C) document the health and relative environmental sensitivity of the marine ecosystem within the Coordination 

Region, including a comprehensive survey and status assessment of species, habitats, and indicators of ecosystem 

health; 

(D) identify marine habitat types and important ecological areas within the Coordination Region; 

(E) assess the Coordination Region’s marine economy 

and cultural attributes and include regionally-specific ecological and socio-economic baseline data; 


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(F) identify and prioritize additional scientific and economic data necessary to inform the development of Strategic Plans; and 

(G) include other information to improve decision making as determined by the Regional Coordination Council. 

(2) DATA.—Each initial assessment shall— 

(A) use the best available data; 

(B) collect and provide data in a spatially explicit manner wherever practicable and provide such data to the 

interagency comprehensive digital mapping initiative as 

described in section 2 of Public Law 109–58 (42 U.S.C. 

15801); and 

(C) make publicly available any such data that is not 

classified information. 

(3) PUBLIC PARTICIPATION.—Each Regional Coordination 

Council shall provide adequate opportunity for review and 

input by stakeholders and the general public during the preparation of the initial assessment and any revised assessments. 

(b) REGIONAL STRATEGIC PLANS.— 

(1) REQUIREMENT.—Each Regional Coordination Council 

shall, within 3 years after the completion of the initial regional 

assessment, prepare and submit to the Chairman of the Council on Environmental Quality a multiobjective, science- and 

ecosystem-based, spatially explicit, integrated Strategic Plan in 

accordance with this subsection for the Council’s Coordination 

Region. 

(2) OBJECTIVE AND GOALS.—The objective of the Strategic 

Plans under this subsection shall be to foster comprehensive, 

integrated, and sustainable development and use of ocean, 

coastal, and Great Lakes resources, while protecting marine 

ecosystem health and sustaining the long-term economic and 

ecosystem values of the oceans, coasts, and Great Lakes. 

(3) CONTENTS.—Each Strategic Plan prepared by a Regional 

Coordination Council shall— 

(A) be based on the initial regional assessment and updates for the Coordination Region under subsections (a) 

and (c), respectively; 

(B) foster the sustainable and integrated development 

and use of ocean, coastal, and Great Lakes resources in a 

manner that protects the health of marine ecosystems; 

(C) identify areas with potential for siting and developing renewable and nonrenewable energy resources in the 

Coordination Region covered by the Strategic Plan; 

(D) identify other current and potential uses of the ocean 

and coastal resources in the Coordination Region; 

(E) identify and recommend long-term monitoring needs 

for ecosystem health and socioeconomic variables within 

the Coordination Region covered by the Strategic Plan; 

(F) identify existing State and Federal regulating authorities within the Coordination Region covered by the 

Strategic Plan and measures to assist those authorities in 

carrying out their responsibilities; 

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velopment of ocean and coastal resources in the Coordination Region; 

(H) identify additional research, information, and data 

needed to carry out the Strategic Plan; 

(I) identify performance measures and benchmarks for 

purposes of fulfilling the responsibilities under this section 

to be used to evaluate the Strategic Plan’s effectiveness; 

(J) define responsibilities and include an analysis of the 

gaps in authority, coordination, and resources, including 

funding, that must be filled in order to fully achieve those 

performance measures and benchmarks; and 

(K) include such other information at the Chairman of 

the Council on Environmental Quality determines is appropriate. 

(4) PUBLIC PARTICIPATION.—Each Regional Coordination 

Council shall provide adequate opportunities for review and 

input by stakeholders and the general public during the development of the Strategic Plan and any Strategic Plan revisions. 

(c) UPDATED REGIONAL ASSESSMENTS.—Each Regional Coordination Council shall update the initial regional assessment prepared 

under subsection (a) in coordination with each Strategic Plan revision under subsection (e), to provide more detailed information regarding the required elements of the assessment and to include 

any relevant new information that has become available in the interim. 

(d) REVIEW AND APPROVAL.— (1) COMMENCEMENT OF REVIEW.—Within 10 days after receipt of a Strategic Plan under this section, or any revision to 

such a Strategic Plan, from a Regional Coordination Council, 

the Chairman of the Council of Environmental Quality shall 

commence a review of the Strategic Plan or the revised Strategic Plan, respectively. 

(2) PUBLIC NOTICE AND COMMENT.—Immediately after receipt 

of such a Strategic Plan or revision, the Chairman of the Council of Environmental Quality shall publish the Strategic Plan 

or revision in the Federal Register and provide an opportunity 

for the submission of public comment for a 90-day period beginning on the date of such publication. 

(3) REQUIREMENTS FOR APPROVAL.—Before approving a Strategic Plan, or any revision to a Strategic Plan, the Chairman 

of the Council on Environmental Quality must find that the 

Strategic Plan or revision— 

(A) is consistent with the Outer Continental Shelf Lands 

Act; 

(B) complies with subsection (b); and 

(C) complies with the purposes of this title as identified 

in section 601(a) and the objectives identified in section 

601(b). 

(4) DEADLINE FOR COMPLETION.—Within 180 days after the 

receipt of a Strategic Plan, or a revision to a Strategic Plan, 

the Chairman of the Council of Environmental Quality shall 

approve or disapprove the Strategic Plan or revision. If the 

Chairman disapproves the Strategic Plan or revision, the 

Chairman shall transmit to the Regional Coordination Council 

that submitted the Strategic Plan or revision, an identification 


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of the deficiencies and recommendations to improve it. The 

Council shall submit a revised Strategic Plan or revision to 

such plan with 180 days after receiving the recommendations 

from the Chairman. 

(e) PLAN REVISION.—Each Strategic Plan shall be reviewed and 

revised by the relevant Regional Coordination Council at least once 

every 5 years. Such review and revision shall be based on the most 

recently updated regional assessment. Any proposed revisions to 

the Strategic Plan shall be submitted to the Chairman of the Council on Environmental Quality for review and approval pursuant to 

this section. 

SEC. 604. REGULATIONS AND SAVINGS CLAUSE. 

(a) REGULATIONS.—The Chairman of the Council on Environmental Quality may issue such regulations as the Chairman considers necessary to implement sections 601 through 603. 

(b) SAVINGS CLAUSE.—Nothing in this title shall be construed to 

affect existing authorities under Federal law. 

SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the Treasury of the 

United States a separate account to be known as the Ocean 

Resources Conservation and Assistance Fund. 

(2) CREDITS.—The ORCA Fund shall be credited with 

amounts as specified in section 9 of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1338), as amended by section 207 

of this Act. 

(3) ALLOCATION OF THE ORCA FUND.—Of the amounts appropriated from the ORCA Fund each fiscal year— 

(A) 70 percent shall be allocated to the Secretary, of 

which— 

(i) 1/2 shall be used to make grants to coastal States 

and affected Indian tribes under subsection (b); and 

(ii) 1/2 shall be used for the ocean, coastal, and 

Great Lakes grants program established by subsection 

(c); 

(B) 20 percent shall be allocated to the Secretary to 

carry out the purposes of subsection (e); and 

(C) 10 percent shall be allocated to the Secretary to 

make grants to Regional Ocean Partnerships under subsection (d) and the Regional Coordination Councils established under section 602. 

(4) PROCEDURES.—The Secretary shall establish application, 

review, oversight, financial accountability, and performance accountability procedures for each grant program for which funds 

are allocated under this subsection. 

(b) GRANTS TO COASTAL STATES.— 

(1) GRANT AUTHORITY.—The Secretary may use amounts allocated under subsection (a)(3)(A)(I)(I) to make grants to— 

(A) coastal States pursuant to the formula established 

under section 306(c) of the Coastal Zone Management Act 

of 1972 (16 U.S.C. 1455(c)); and 

(B) affected Indian tribes based on and proportional to 

any specific coastal and ocean management authority 


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granted to an affected tribe pursuant to affirmation of a 

Federal reserved right. 

(2) ELIGIBILITY.—To be eligible to receive a grant under this 

subsection, a coastal State or affected Indian tribe must prepare and revise a 5-year plan and annual work plans that— 

(A) demonstrate that activities for which the coastal 

State or affected Indian tribe will use the funds are consistent with the eligible uses of the Fund described in subsection (f); and 

(B) provide mechanisms to ensure that funding is made 

available to government, nongovernment, and academic 

entities to carry out eligible activities at the county and 

local level. 

(3) APPROVAL OF STATE AND AFFECTED TRIBAL PLANS.— 

(A) IN GENERAL.—Plans required under paragraph (2) 

must be submitted to and approved by the Secretary. 

(B) PUBLIC INPUT AND COMMENT.—In determining 

whether to approve such plans, the Secretary shall provide 

opportunity for, and take into consideration, public input 

and comment on the plans from stakeholders and the general public. 

(5) ENERGY PLANNING GRANTS.—For each of the fiscal years 

2011 through 2015, the Secretary may use funds allocated for 

grants under this subsection to make grants to coastal States 

and affected tribes under section 320 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended by 

this Act. 

(6) USE OF FUNDS.—Any amounts provided as a grant under 

this subsection, other than as a grants under paragraph (5), 

may only be used for activities described in subsection (f). 

(c) OCEAN AND COASTAL COMPETITIVE GRANTS PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall use amounts allocated under subsection (a)(3)(A)(I)(II) to make competitive 

grants for conservation and management of ocean, coastal, and 

Great Lakes ecosystems and marine resources. 

(2) OCEAN, COASTAL, AND GREAT LAKES REVIEW PANEL.— 

(A) IN GENERAL.—The Secretary shall establish an 

Ocean, Coastal, and Great Lakes Review Panel (in this 

subsection referred to as the ‘‘Panel’’), which shall consist 

of 12 members appointed by the Secretary with expertise 

in the conservation and management of ocean, coastal, and 

Great Lakes ecosystems and marine resources. In appointing members to the Council, the Secretary shall include a 

balanced diversity of representatives of relevant Federal 

agencies, the private sector, nonprofit organizations, and 

academia. 

(B) FUNCTIONS.—The Panel shall— 

(i) review, in accordance with the procedures and 

criteria established under paragraph (3), grant applications under this subsection; 

(ii) make recommendations to the Secretary regarding which grant applications should be funded and the 

amount of each grant; and 


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(iii) establish any specific requirements, conditions, 

or limitations on a grant application recommended for 

funding. 

(3) PROCEDURES AND ELIGIBILITY CRITERIA FOR GRANTS.— 

(A) IN GENERAL.—The Secretary shall establish— 

(i) procedures for applying for a grant under this 

subsection and criteria for evaluating applications for 

such grants; and 

(ii) criteria, in consultation with the Panel, to determine what persons are eligible for grants under the 

program. 

(B) ELIGIBLE PERSONS.—Persons eligible under the criteria under subparagraph (A)(ii) shall include Federal, 

State, affected tribal, and local agencies, fishery or wildlife 

management organizations, nonprofit organizations, and 

academic institutions. 

(4) APPROVAL OF GRANTS.—In making grants under this subsection the Secretary shall give the highest priority to the recommendations of the Panel. If the Secretary disapproves a 

grant recommended by the Panel, the Secretary shall explain 

that disapproval in writing. 

(5) USE OF GRANT FUNDS.—Any amounts provided as a grant 

under this subsection may only be used for activities described 

in subsection (f). 

(d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 

(1) GRANT AUTHORITY.—The Secretary may use amounts allocated under subsection (a)(3)(A)(iii) to make grants to Regional 

Ocean Partnerships. 

(2) ELIGIBILITY.—In order to be eligible to receive a grant, a 

Regional Ocean Partnership must prepare and annually revise 

a plan that— 

(A) identifies regional science and information needs, regional goals and priorities, and mechanisms for facilitating 

coordinated and collaborative responses to regional issues; 

(B) establishes a process for coordinating and collaborating with the Regional Coordination Councils established 

under section 602 to address regional issues and information needs and achieve regional goals and priorities; and 

(C) demonstrates that activities to be carried out with 

such funds are eligible uses of the funds identified in subsection (f). 

(3) APPROVAL BY SECRETARY.—Such plans must be submitted 

to and approved by the Secretary. 

(4) PUBLIC INPUT AND COMMENT.—In determining whether to 

approve such plans, the Secretary shall provide opportunity 

for, and take into consideration, input and comment on the 

plans from stakeholders and the general public. 

(5) USE OF FUNDS.—Any amounts provided as a grant under 

this subsection may only be used for activities described in 

subsection (f). 

(e) LONG-TERM OCEAN AND COASTAL OBSERVATIONS.— 

(1) IN GENERAL.—The Secretary shall use the amounts allocated under subsection (a)(3)(A)(ii) to build, operate, and maintain the system established under section 12304 of Public Law 


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111–11 (33 U.S.C. 3603), in accordance with the purposes and 

policies for which the system was established. 

(2) ADMINISTRATION OF FUNDS.—The Secretary shall administer and distribute funds under this subsection based upon 

comprehensive system budgets adopted by the Council referred 

to in section 12304(c)(1)(A) of the Integrated Coastal and 

Ocean Observation System Act of 2009 (33 U.S.C. 

3603(c)(1)(A)). 

(f) ELIGIBLE USE OF FUNDS.—Any funds made available under 

this section may only be used for activities that contribute to the 

conservation, protection, maintenance, and restoration of ocean, 

coastal, and Great Lakes ecosystems in a manner that is consistent 

with Federal environmental laws and that avoids environmental 

degradation, including— 

(1) activities to conserve, protect, maintain, and restore 

coastal, marine, and Great Lakes ecosystem health; 

(2) activities to protect marine biodiversity and living marine 

and coastal resources and their habitats, including fish populations; 

(3) the development and implementation of multiobjective, 

science- and ecosystem-based plans for monitoring and managing the wide variety of uses affecting ocean, coastal, and 

Great Lakes ecosystems and resources that consider cumulative impacts and are spatially explicit where appropriate; 

(4) activities to improve the resiliency of those ecosystems; 

(5) activities to improve the ability of those ecosystems to become more resilient, and to adapt to and withstand the impacts of climate change and ocean acidification; 

(6) planning for and managing coastal development to minimize the loss of life and property associated with sea level rise 

and the coastal hazards resulting from it; 

(7) research, education, assessment, monitoring, and dissemination of information that contributes to the achievement of 

these purposes; 

(8) research of, protection of, enhancement to, and activities 

to improve the resiliency of culturally significant areas and resources; and 

(9) activities designed to rescue, rehabilitate, and recover injured marine mammals, marine birds, and sea turtles. 

(g) DEFINITIONS.—In this section: 

(1) ORCA FUND.—The term ‘‘ORCA Fund’’ means the Ocean 

Resources Conservation and Assistance Fund established by 

this section 

(2) SECRETARY.—Notwithstanding section 3, the term ‘‘Secretary’’ means the Secretary of Commerce. 

SEC. 606. WAIVER. 

The Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to the Regional Coordination Councils established under section 602. 


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TITLE VII—OIL SPILL ACCOUNTABILITY 

AND ENVIRONMENTAL PROTECTION 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘Oil Spill Accountability and Environmental Protection Act of 2010’’. 

SEC. 702. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY. 

(a) IN GENERAL.—Section 1004 of the Oil Pollution Act of 1990 

(33 U.S.C. 2704) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) by striking ‘‘$800,000,,’’ and inserting ‘‘$800,000,’’; 

and 

(ii) by adding ‘‘and’’ after the semicolon at the end; 

(B) by striking paragraph (3); and 

(C) by redesignating paragraph (4) as paragraph (3); 

(2) in subsection (b)(2) by striking the second sentence; and 

(3) by striking subsection (d)(4) and inserting the following: 

‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.—Not later than 3 

years after the date of enactment of the Oil Spill Accountability and Environmental Protection Act of 2010, and at least 

once every 3 years thereafter, the President shall review the 

limits on liability specified in subsection (a) and shall by regulation revise such limits upward to reflect either the amount 

of liability that the President determines is commensurate 

with the risk of discharge of oil presented by a particular category of vessel, facility, or port or any increase in the Consumer Price Index, whichever is greater.’’. 

(b) APPLICABILITY.—The amendments made by this section apply 

to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 703. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE 

FACILITIES. 

Section 1016 of the Oil Pollution Act of 1990 (33 U.S.C. 2716) is 

amended— 

(1) in subsection (c)(1)— 

(A) in subparagraph (B) by striking ‘‘subparagraph (A) 

is’’ and all that follows before the period and inserting 

‘‘subparagraph (A) is $300,000,000’’; and 

(B) by striking subparagraph (C) and inserting the following: 

‘‘(C) ALTERNATE AMOUNT.— 

‘‘(i) SPECIFIC FACILITIES.— 

‘‘(I) IN GENERAL.—If the President determines 

that an amount of financial responsibility for a responsible party that is less than the amount required by subparagraph (B) is justified based on 

the criteria established under clause (ii), the eviVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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dence of financial responsibility required shall be 

for an amount determined by the President. 

‘‘(II) MINIMUM AMOUNTS.—In no case shall the 

evidence of financial responsibility required under 

this section be less than— 

‘‘(aa) $105,000,000 for an offshore facility located seaward of the seaward boundary of a 

State; or 

‘‘(bb) $30,000,000 for an offshore facility located landward of the seaward boundary of a 

State. 

‘‘(ii) CRITERIA FOR DETERMINATION OF FINANCIAL RE- SPONSIBILITY.—The President shall prescribe the 

amount of financial responsibility required under 

clause (i)(I) based on the following: 

‘‘(I) The market capacity of the insurance industry to issue such instruments. 

‘‘(II) The operational risk of a discharge and the 

effects of that discharge on the environment and 

the region. 

‘‘(III) The quantity and location of the oil and 

gas that is explored for, drilled for, produced, or 

transported by the responsible party. 

‘‘(IV) The asset value of the owner of the offshore facility, including the combined asset value 

of all partners that own the facility. 

‘‘(V) The cost of all removal costs and damages 

for which the owner may be liable under this Act 

based on a worst-case-scenario. 

‘‘(VI) The safety history of the owner of the offshore facility. 

‘‘(VII) Any other factors that the President considers appropriate. 

‘‘(iii) ADJUSTMENT FOR ALL OFFSHORE FACILITIES.— 

‘‘(I) IN GENERAL.—Not later than 3 years after 

the date of enactment of the Oil Spill Accountability and Environmental Protection Act of 2010, 

and at least once every 3 years thereafter, the 

President shall review the levels of financial responsibility specified in this subsection and the 

limit on liability specified in subsection (f)(4) and 

may by regulation revise such levels and limit upward to the levels and limit that the President determines are justified based on the relative operational, environmental, and other risks posed by 

the quantity, quality, or location of oil that is explored for, drilled for, produced, or transported by 

the responsible party. 

‘‘(II) NOTICE TO CONGRESS.—Upon completion of 

a review specified in subclause (I), the President 

shall notify Congress as to whether the President 

will revise the levels of financial responsibility 

and limit on liability referred to in subclause (I) 

and the factors used in making such determination.’’; and 


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(2) in subsection (f)— 

(A) in paragraph (1) by striking ‘‘Subject’’ and inserting 

‘‘Except as provided in paragraph (4) and subject’’; and 

(B) by adding at the end the following: 

‘‘(4) MAXIMUM LIABILITY.—The maximum liability of a guarantor of an offshore facility under this subsection is 

$300,000,000.’’. 

SEC. 704. DAMAGES TO HUMAN HEALTH. 

(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pollution Act of 

1990 (33 U.S.C. 2702(b)(2)) is amended by adding at the end the 

following: 

‘‘(G) HUMAN HEALTH.— 

‘‘(i) IN GENERAL.—Damages to human health, including fatal injuries, which shall be recoverable by any 

claimant who has a demonstrable, adverse impact to 

human health or, in the case of a fatal injury to an individual, a claimant filing a claim on behalf of such individual. 

‘‘(ii) INCLUSION.—For purposes of clause (i), the term 

‘human health’ includes mental health.’’. 

(b) APPLICABILITY.—The amendments made by this section apply 

to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 705. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE OFFSHORE DRILLING UNITS. 

(a) IN GENERAL.—Section 1004(b)(2) of the Oil Pollution Act of 

1990 (33 U.S.C. 2704(b)(2)) is amended— 

(1) by striking ‘‘from any incident described in paragraph (1)’’ 

and inserting ‘‘from any discharge of oil, or substantial threat 

of a discharge of oil, into or upon the water’’; and 

(2) by striking ‘‘liable’’ and inserting ‘‘liable as described in 

paragraph (1)’’. 

(b) APPLICABILITY.—The amendments made by this section shall 

apply to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 706. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT. 

Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 

2706(e)(2)) is amended— 

(1) in the heading by striking ‘‘REBUTTABLE PRESUMPTION’’ 

and inserting ‘‘JUDICIAL REVIEW OF ASSESSMENTS’’; and 

(2) by striking ‘‘have the force and effect’’ and all that follows 

before the period and inserting the following: ‘‘be subject to judicial review under subchapter II of chapter 5 of title 5, United 

States Code (commonly known as the Administrative Procedure Act), on the basis of the administrative record developed 

by the lead Federal trustee as provided in such regulations’’. 


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SEC. 707. INFORMATION ON CLAIMS. 

(a) IN GENERAL.—Title I of the Oil Pollution Act of 1990 (33 

U.S.C. 2701 et seq.) is amended by inserting after section 1013 the 

following: 

‘‘SEC. 1013A. INFORMATION ON CLAIMS. 

‘‘In the event of a spill of national significance, the President 

may require a responsible party or a guarantor of a source designated under section 1014(a) to provide to the President any information on or related to claims, either individually, in the aggregate, or both, that the President requests, including— 

‘‘(1) the transaction date or dates of such claims, including 

processing times; and 

‘‘(2) any other data pertaining to such claims necessary to 

ensure the performance of the responsible party or the guarantor with regard to the processing and adjudication of such 

claims.’’. 

(b) CONFORMING AMENDMENT.—The table of contents contained 

in section 2 of such Act is amended by inserting after the item relating to section 1013 the following: 

‘‘Sec. 1013A. Information on claims.’’. 

(c) APPLICABILITY.—The amendments made by this section apply 

to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 708. ADDITIONAL AMENDMENTS AND CLARIFICATIONS TO OIL 

POLLUTION ACT OF 1990. 

(a) DEFINITIONS.— 

(1) REMOVAL COSTS.—Section 1001(31) of the Oil Pollution 

Act of 1990 (33 U.S.C. 2701(31)) is amended by inserting before 

the semicolon the following: ‘‘and includes all costs of Federal 

enforcement activities related thereto’’. 

(2) RESPONSIBLE PARTY.—Section 1001(32)(B) of such Act (33 

U.S.C. 2701(32)(B)) is amended by inserting before ‘‘, except a’’ 

the following: ‘‘any person who owns or who has a leasehold interest or other property interest in the land or in the minerals 

beneath the land on which the facility is located, and any person who is the assignor of a property interest in the land or 

in the minerals beneath the land on which the facility is located,’’. 

(b) ELEMENTS OF LIABILITY.—Section 1002(b)(1)(A) of such Act 

(33 U.S.C. 2702(b)(1)(A)) is amended by inserting before the semicolon the following: ‘‘, including all costs of Federal enforcement activities related thereto’’. 

(c) SUBROGATION.—Section 1015(c) of such Act (33 U.S.C. 2715(c)) 

is amended by adding at the end the following: ‘‘In such actions, 

the Fund shall recover all costs and damages paid from the Fund 

unless the decision to make the payment is found to be arbitrary 

or capricious.’’. 

(d) FINANCIAL RESPONSIBILITY.—Section 1016(f)(1) of such Act 

(33 U.S.C. 2717(f)(1)) is amended— 

(1) by inserting ‘‘and’’ at the end of subparagraph (A); and 


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(2) by striking ‘‘; and’’ at the end of subparagraph (B) and 

inserting a period; and 

(3) by striking subparagraph (C). 

(e) APPLICABILITY.—The amendments made by this section apply 

to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 709. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE ECONOMIC ZONE. 

(a) REGISTRY ENDORSEMENT REQUIRED.— 

(1) IN GENERAL.—Section 12111 of title 46, United States 

Code, is amended by adding at the end the following: 

‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except for activities requiring an endorsement under sections 12112 or 12113, only a vessel for which a certificate of documentation with a registry endorsement is issued and that is owned by a citizen of the United States 

(as determined under section 50501(d)) may engage in support of 

exploration, development, or production of resources in, on, above, 

or below the exclusive economic zone or any other activity in the 

exclusive economic zone to the extent that the regulation of such 

activity is not prohibited under customary international law.’’. 

(2) APPLICABILITY.—The amendment made by paragraph (1) 

applies only with respect to exploration, development, production, and support activities that commence on or after July 1, 

2011. 

(b) LEGAL AUTHORITY.—Section 2301 of title 46, United States 

Code, is amended— 

(1) by striking ‘‘chapter’’ and inserting ‘‘title’’; and 

(2) by inserting after ‘‘1988’’ the following: ‘‘and the exclusive 

economic zone to the extent that the regulation of such operation is not prohibited under customary international law’’. 

(c) TRAINING FOR COAST GUARD PERSONNEL.—Not later than 180 

days after the date of enactment of this Act, the Secretary of the 

department in which the Coast Guard is operating shall establish 

a program to provide Coast Guard personnel with the training necessary for the implementation of the amendments made by this 

section. 

SEC. 710. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE 

DRILLING UNITS. 

Section 3203 of title 46, United States Code, is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following: 

‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The safety management system described in subsection (a) for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the 

United States (including the exclusive economic zone) shall include 

processes, procedures, and policies related to the safe operation and 

maintenance of the machinery and systems on board the vessel 

that may affect the seaworthiness of the vessel in a worst-case 

event.’’. 


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SEC. 711. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING 

UNITS. 

Section 3306 of title 46, United States Code, is amended by adding at the end the following: 

‘‘(k) In prescribing regulations for mobile offshore drilling units, 

the Secretary shall develop standards to address a worst-case event 

on the vessel.’’. 

SEC. 712. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING 

UNITS. 

(a) LICENSES FOR MASTERS OF MOBILE OFFSHORE DRILLING

UNITS.— 

(1) IN GENERAL.—Chapter 71 of title 46, United States Code, 

is amended by redesignating sections 7104 through 7114 as 

sections 7105 through 7115, respectively, and by inserting after 

section 7103 the following: 

‘‘§ 7104. Licenses for masters of mobile offshore drilling 

units 

‘‘A license as master of a mobile offshore drilling unit may be 

issued only to an applicant who has been issued a license as master under section 7101(c)(1) and has demonstrated the knowledge, 

understanding, proficiency, and sea service for all industrial business or functions of a mobile offshore drilling unit.’’. 

(2) CONFORMING AMENDMENT.—Section 7109 of such title, as 

so redesignated, is amended by striking ‘‘section 7106 or 7107’’ 

and inserting ‘‘section 7107 or 7108’’. 

(3) CLERICAL AMENDMENT.—The analysis at the beginning of 

such chapter is amended by striking the items relating to sections 7104 through 7114 and inserting the following: 

‘‘7104. Licenses for masters of mobile offshore drilling units. 

‘‘7105. Certificates for medical doctors and nurses. 

‘‘7106. Oaths. 

‘‘7107. Duration of licenses. 

‘‘7108. Duration of certificates of registry. 

‘‘7109. Termination of licenses and certificates of registry. 

‘‘7110. Review of criminal records. 

‘‘7111. Exhibiting licenses. 

‘‘7112. Oral examinations for licenses. 

‘‘7113. Licenses of masters or mates as pilots. 

‘‘7114. Exemption from draft. 

‘‘7115. Fees.’’. 

(b) REQUIREMENT FOR CERTIFICATE OF INSPECTION.—Section 

8101(a)(2) of title 46, United States Code, is amended by inserting 

before the semicolon the following: ‘‘and shall at all times be under 

the command of a master licensed under section 7104’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect 6 months after the date of enactment of this Act. 

SEC. 713. SINGLE-HULL TANKERS. 

(a) APPLICATION OF TANK VESSEL CONSTRUCTION STANDARDS.— Section 3703a(b) of title 46, United States Code, is amended by 

striking paragraph (3), and redesignating paragraphs (4) through 

(6) as paragraphs (3) through (5), respectively. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

takes effect on January 1, 2011. 

SEC. 714. REPEAL OF RESPONSE PLAN WAIVER. 

Section 311(j)(5)(G) of the Federal Water Pollution Control Act 

(33 U.S.C. 1321(j)(5)(G)) is amended— 


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(1) by striking ‘‘a tank vessel, nontank vessel, offshore facility, or onshore facility’’ and inserting ‘‘a nontank vessel’’; 

(2) by striking ‘‘tank vessel, nontank vessel, or facility’’ and 

inserting ‘‘nontank vessel’’; and 

(3) by adding at the end the following: ‘‘A mobile offshore 

drilling unit, as such term is defined in section 1001 of the Oil 

Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to operate 

without a response plan approved under this section.’’. 

SEC. 715. NATIONAL CONTINGENCY PLAN. 

(a) GUIDELINES FOR CONTAINMENT BOOMS.—Section 311(d)(2) of 

the Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is 

amended by adding at the end the following: 

‘‘(N) Guidelines regarding the use of containment booms 

to contain a discharge of oil or a hazardous substance, including identification of quantities of containment booms 

likely to be needed, available sources of containment 

booms, and best practices for containment boom placement, monitoring, and maintenance.’’. 

(b) SCHEDULE, CRITERIA, AND FEES.—Section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by 

adding at the end the following: 

‘‘(5) SCHEDULE FOR USE OF DISPERSANTS, OTHER CHEMICALS, AND OTHER SPILL MITIGATING DEVICES AND SUBSTANCES.— ‘‘(A) RULEMAKING.—Not later than 2 years after the date 

of enactment of this paragraph, the President, acting 

through the Administrator, after providing notice and an 

opportunity for public comment, shall issue a revised regulation for the development of the schedule for the use of 

dispersants, other chemicals, and other spill mitigating devices and substances developed under paragraph (2)(G) in 

a manner that is consistent with the requirements of this 

paragraph and shall modify the existing schedule to take 

into account the requirements of the revised regulation. 

‘‘(B) SCHEDULE LISTING REQUIREMENTS.—In issuing the 

regulation under subparagraph (A), the Administrator 

shall— 

‘‘(i) with respect to dispersants, other chemicals, and 

other spill mitigating substances included or proposed 

to be included on the schedule under paragraph 

(2)(G)— 

‘‘(I) establish minimum toxicity and efficacy 

testing criteria, taking into account the results of 

the study carried out under subparagraph (D); 

‘‘(II) provide for testing or other verification 

(independent from the information provided by an 

applicant seeking the inclusion of such dispersant, 

chemical, or substance on the schedule) related to 

the toxicity and effectiveness of such dispersant, 

chemical, or substance; 

‘‘(III) establish a framework for the application 

of any such dispersant, chemical, or substance, including— 

‘‘(aa) application conditions; 

‘‘(bb) the quantity thresholds for which approval by the Administrator is required; 


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‘‘(cc) the criteria to be used to develop the 

appropriate maximum quantity of any such 

dispersant, chemical, or substance that the 

Administrator determines may be used, both 

on a daily and cumulative basis; and 

‘‘(dd) a ranking, by geographic area, of any 

such dispersant, chemical, or substance based 

on a combination of its effectiveness for each 

type of oil and its level of toxicity; 

‘‘(IV) establish a requirement that the volume of 

oil or hazardous substance discharged, and the 

volume and location of any such dispersant, chemical, or substance used, be measured and made 

publicly available, including on the Internet; 

‘‘(V) require the public disclosure of the specific 

chemical identity, including the chemical and common name of any ingredients contained in, and 

specific chemical formulas or mixtures of, any 

such dispersant, chemical, or substance; and 

‘‘(VI) in addition to existing authority, expressly 

provide a mechanism for the delisting of any such 

dispersant, chemical, or substance that the Administrator determines poses a significant risk or 

impact to water quality, the environment, or any 

other factor the Administrator determines appropriate; 

‘‘(ii) with respect to a dispersant, other chemical, 

and other spill mitigating substance not specifically 

identified on the schedule, and prior to the use of such 

dispersant, chemical, or substance in accordance with 

paragraph (2)(G)— 

‘‘(I) establish the minimum toxicity and efficacy 

levels for such dispersant, chemical, or substance; 

‘‘(II) require the public disclosure of the specific 

chemical identity of (including the chemical and 

common name of any ingredients contained in and 

the specific chemical formula or mixture of) any 

such dispersant, chemical, or substance; and 

‘‘(III) require the provision of such additional information as the Administrator determines necessary; and 

‘‘(iii) with respect to other spill mitigating devices 

included or proposed to be included on the schedule 

under paragraph (2)(G)— 

‘‘(I) require the manufacturer of such device to 

carry out a study of the risks and effectiveness of 

the device according to guidelines developed and 

published by the Administrator; and 

‘‘(II) in addition to existing authority, expressly 

provide a mechanism for the delisting of any such 

device based on any information made available to 

the Administrator that demonstrates that such device poses a significant risk or impact to water 

quality, the environment, or any other factor the 

Administrator determines appropriate. 


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‘‘(C) DELISTING.—In carrying out subparagraphs 

(B)(i)(VI) and (B)(iii)(II), the Administrator, after posting a 

notice in the Federal Register and providing an opportunity for public comment, shall initiate a formal review of 

the potential risks and impacts associated with a dispersant, chemical, substance, or device prior to delisting the 

dispersant, chemical, substance, or device. 

‘‘(D) STUDY.— ‘‘(i) IN GENERAL.—Not later than 3 months after the 

date of enactment of this paragraph, the Administrator shall initiate a study of the potential risks and 

impacts to water quality, the environment, or any 

other factor the Administrator determines appropriate, 

including acute and chronic risks, from the use of 

dispersants, other chemicals, and other spill mitigating substances, if any, that may be used to carry 

out the National Contingency Plan, including an assessment of such risks and impacts— 

‘‘(I) on a representative sample of biota and 

types of oil from locations where such dispersants, 

chemicals, or substances may potentially be used; 

and 

‘‘(II) that result from any by-products created 

from the use of such dispersants, chemicals, or 

substances. 

‘‘(ii) INFORMATION FROM MANUFACTURERS.— ‘‘(I) IN GENERAL.—In conjunction with the study 

authorized by clause (i), the Administrator shall 

determine the requirements for manufacturers of 

dispersants, chemicals, or substances to evaluate 

the potential risks and impacts to water quality, 

the environment, or any other factor the Administrator determines appropriate, including acute 

and chronic risks, associated with the use of the 

dispersants, chemicals, or substances and any byproducts generated by such use and to provide the 

details of such evaluation as a condition for listing 

on the schedule, or approving for use under this 

section, according to guidelines developed and 

published by the Administrator. 

‘‘(II) MINIMUM REQUIREMENTS FOR EVALUATION.—In carrying out this clause, the Administrator shall require a manufacturer to include— 

‘‘(aa) information on the oils and locations 

where such dispersants, chemicals, or substances may potentially be used; and 

‘‘(bb) if appropriate, an assessment of application and impacts from subsea use of the dispersant, chemical, or substance, including the 

potential long term effects of such use on 

water quality and the environment. 

‘‘(E) PERIODIC REVISIONS.— ‘‘(i) IN GENERAL.—Not later than 5 years after the 

date of the issuance of the regulation under this paragraph, and on an ongoing basis thereafter (and at 


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least once every 5 years), the Administrator shall review the schedule for the use of dispersants, other 

chemicals, and other spill mitigating devices and substances that may be used to carry out the National 

Contingency Plan and update or revise the schedule, 

as necessary, to ensure the protection of water quality, 

the environment, and any other factor the Administrator determines appropriate. 

‘‘(ii) EFFECTIVENESS.—The Administrator shall ensure, to the maximum extent practicable, that each 

update or revision to the schedule increases the minimum effectiveness value necessary for listing a dispersant, other chemical, or other spill mitigating device or substance on the schedule. 

‘‘(F) APPROVAL OF USE AND APPLICATION OF

DISPERSANTS.— ‘‘(i) IN GENERAL.—In issuing the regulation under 

subparagraph (A), the Administrator shall require the 

approval of the Federal On-Scene Coordinator, in coordination with the Administrator, for all uses of a 

dispersant, other chemical, or other spill mitigating 

substance in any removal action, including— 

‘‘(I) any such dispersant, chemical, or substance 

that is included on the schedule developed pursuant to this subsection; or 

‘‘(II) any dispersant, chemical, or other substance that is included as part an approved area 

contingency plan or response plan developed 

under this section. 

‘‘(ii) REPEAL.—Any part of section 300.910 of title 40, 

Code of Federal Regulations, that is inconsistent with 

this paragraph is hereby repealed. 

‘‘(G) TOXICITY DEFINITION.—In this section, the term ‘toxicity’ is used in reference to the potential impacts of a dispersant, substance, or device on water quality or the environment. 

‘‘(6) REVIEW OF AND DEVELOPMENT OF CRITERIA FOR EVALU- ATING RESPONSE PLANS.— ‘‘(A) REVIEW.—Not later than 6 months after the date of 

enactment of this paragraph, the President shall review 

the procedures and standards developed under paragraph 

(2)(J) to determine their sufficiency in ceasing and removing a worst case discharge of oil or hazardous substances, 

and for mitigating or preventing a substantial threat of 

such a discharge. 

‘‘(B) RULEMAKING.—Not later than 2 years after the date 

of enactment of this paragraph, the President, after providing notice and an opportunity for public comment, shall 

issue a final rule to— 

‘‘(i) revise the procedures and standards for ceasing 

and removing a worst case discharge of oil or hazardous substances, and for mitigating or preventing a 

substantial threat of such a discharge; and 

‘‘(ii) develop a metric for evaluating the National 

Contingency Plan, Area Contingency Plans, and tank 


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vessel, nontank vessel, and facility response plans consistent with the procedures and standards developed 

pursuant to this paragraph. 

‘‘(7) FEES.— 

‘‘(A) GENERAL AUTHORITY AND FEES.—Subject to subparagraph (B), the Administrator shall establish a schedule of fees to be collected from the manufacturer of a dispersant, chemical, or spill mitigating substance or device 

to offset the costs of the Administrator associated with 

evaluating the use of the dispersant, chemical, substance, 

or device in accordance with this subsection and listing the 

dispersant, chemical, substance, or device on the schedule 

under paragraph (2)(G). 

‘‘(B) LIMITATION ON COLLECTION.—No fee may be collected under this subsection unless the expenditure of the 

fee to pay the costs of activities and services for which the 

fee is imposed is provided for in advance in an appropriations Act. 

‘‘(C) FEES CREDITED AS OFFSETTING COLLECTIONS.— 

‘‘(i) IN GENERAL.—Notwithstanding section 3302 of 

title 31, United States Code, any fee authorized to be 

collected under this paragraph shall— 

‘‘(I) be credited as offsetting collections to the 

account that finances the activities and services 

for which the fee is imposed; 

‘‘(II) be available for expenditure only to pay the 

costs of activities and services for which the fee is 

imposed, including all costs associated with collecting such fees; and 

‘‘(III) remain available until expended. 

‘‘(ii) CONTINUING APPROPRIATIONS.—The Administrator may continue to assess, collect, and spend fees 

established under this section during any period in 

which the funding for the Environmental Protection 

Agency is provided under an Act providing continuing 

appropriations in lieu of the Administration’s regular 

appropriations. 

‘‘(iii) ADJUSTMENTS.—The Administrator shall adjust 

the fees established by subparagraph (A) periodically 

to ensure that each of the fees required by subparagraph (A) is reasonably related to the Administration’s 

costs, as determined by the Administrator, of performing the activity for which the fee is imposed.’’. 

(c) TEMPORARY MORATORIUM ON APPROVAL OF USE OF

DISPERSANTS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Administrator 

of the Environmental Protection Agency may not approve the 

use of a dispersant under section 311(d) of the Oil Pollution 

Act of 1990 (33 U.S.C. 1321(d)), and shall withdraw any approval of such use made before the date of enactment of this 

Act, until the date on which the rulemaking and study required by subparagraphs (A) and (D) of section 311(d)(5) of 

such Act (as added by subsection (b) of this section) are complete. 


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(2) CONDITIONAL APPROVAL.—The Administrator may approve the use of a dispersant under section 311(d) of such Act 

(33 U.S.C. 1321(d)) for the period of time before the date on 

which the rulemaking and study required by subparagraphs 

(A) and (D) of section 311(d)(5) of such Act (as added by subsection (b) of this section) are complete if the Administrator determines that such use will not have a negative impact on 

water quality, the environment, or any other factor the Administrator determines appropriate. 

(3) INFORMATION.—In approving the use of a dispersant 

under paragraph (2), the Administrator may require the manufacturer of the dispersant to provide such information as the 

Administrator determines necessary to satisfy the requirements of that paragraph. 

(d) INCLUSION OF CONTAINMENT BOOMS IN AREA CONTINGENCY

PLANS.—Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 

1321(j)(4)(C)(iv)) is amended by striking ‘‘(including firefighting 

equipment)’’ and inserting ‘‘(including firefighting equipment and 

containment booms)’’. 

SEC. 716. TRACKING DATABASE. 

Section 311(b) of the Federal Water Pollution Control Act (33 

U.S.C. 1321(b)) is amended by adding at the end the following: 

‘‘(13) TRACKING DATABASE.— 

‘‘(A) IN GENERAL.—The President shall create a database 

to track all discharges of oil or hazardous substances— 

‘‘(i) into the waters of the United States, onto adjoining shorelines, or into or upon the waters of the contiguous zone; 

‘‘(ii) in connection with activities under the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 

or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et 

seq.); or 

‘‘(iii) which may affect natural resources belonging 

to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.)). 

‘‘(B) REQUIREMENTS.—The database shall— 

‘‘(i) include— 

‘‘(I) the name of the vessel or facility; 

‘‘(II) the name of the owner, operator, or person 

in charge of the vessel or facility; 

‘‘(III) the date of the discharge; 

‘‘(IV) the volume of the discharge; 

‘‘(V) the location of the discharge, including an 

identification of any receiving waters that are or 

could be affected by the discharge; 

‘‘(VI) the type, volume, and location of the use 

of any dispersant, other chemical, or other spill 

mitigating substance used in any removal action; 

‘‘(VII) a record of any determination of a violation of this section or liability under section 1002 

of the Oil Pollution Act of 1990 (33 U.S.C. 2702); 


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‘‘(VIII) a record of any enforcement action taken 

against the owner, operator, or person in charge; 

and 

‘‘(IX) any additional information that the President determines necessary; 

‘‘(ii) use data provided by the Environmental Protection Agency, the Coast Guard, and other appropriate 

Federal agencies; 

‘‘(iii) use data protocols developed and managed by 

the Environmental Protection Agency; and 

‘‘(iv) be publicly accessible, including by electronic 

means.’’. 

SEC. 717. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES. 

(a) AGENCY REVIEW OF RESPONSE PLANS.— (1) LEAD FEDERAL AGENCY FOR REVIEW OF RESPONSE

PLANS.—Section 311(j)(5)(A) of the Federal Water Pollution 

Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by adding at 

the end the following: 

‘‘(iii) In issuing the regulations under this paragraph, the 

President shall ensure that— 

‘‘(I) the owner, operator, or person in charge of a tank 

vessel, nontank vessel, or offshore facility described in subparagraph (C) will not be considered to have complied with 

this paragraph until the owner, operator, or person in 

charge submits a plan under clause (i) or (ii), as appropriate, to the Secretary of the department in which the 

Coast Guard is operating, the Secretary of the Interior, or 

the Administrator, with respect to such offshore facilities 

as the President may designate, and the Secretary or Administrator, as appropriate, determines and notifies the 

owner, operator, or person in charge that the plan, if implemented, will provide an adequate response to a worst 

case discharge of oil or a hazardous substance or a substantial threat of such a discharge; and 

‘‘(II) the owner, operator, or person in charge of an onshore facility described in subparagraph (C)(iv) will not be 

considered to have complied with this paragraph until the 

owner, operator, or person in charge submits a plan under 

clause (i) either to the Secretary of Transportation, with 

respect to transportation-related onshore facilities, or the 

Administrator, with respect to all other onshore facilities, 

and the Secretary or Administrator, as appropriate, determines and notifies the owner, operator, or person in charge 

that the plan, if implemented, will provide an adequate response to a worst-case discharge of oil or a hazardous substance or a substantial threat of such a discharge. 

‘‘(iv)(I) The Secretary of the department in which the Coast 

Guard is operating, the Secretary of the Interior, the Secretary 

of Transportation, or the Administrator, as appropriate, shall 

require that a plan submitted to the Secretary or Administrator for a vessel or facility under clause (iii)(I) or (iii)(II) by 

an owner, operator, or person in charge— 

‘‘(aa) contain a probabilistic risk analysis for all critical 

engineered systems of the vessel or facility; and 


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‘‘(bb) adequately address all risks identified in the risk 

analysis. 

‘‘(II) The Secretary or Administrator, as appropriate, shall 

require that a risk analysis developed under subclause (I) include, at a minimum, the following: 

‘‘(aa) An analysis of human factors risks, including both 

organizational and management failure risks. 

‘‘(bb) An analysis of technical failure risks, including 

both component technologies and integrated systems risks. 

‘‘(cc) An analysis of interactions between humans and 

critical engineered systems. 

‘‘(dd) Quantification of the likelihood of modes of failure 

and potential consequences. 

‘‘(ee) A description of methods for reducing known risks. 

‘‘(III) The Secretary or Administrator, as appropriate, shall 

require an owner, operator, or person in charge that develops 

a risk analysis under subclause (I) to make the risk analysis 

available to the public.’’. 

(2) REVIEW AND APPROVAL OF RESPONSE PLANS.—Section 

311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended to 

read as follows: 

‘‘(E) With respect to any response plan submitted under this 

paragraph for an onshore facility that, because of its location, 

could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the 

navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted 

under this paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall— 

‘‘(i) promptly review the response plan; 

‘‘(ii) verify that the response plan complies with subparagraph (A)(iv), relating to risk analyses; 

‘‘(iii) with respect to a plan for an offshore or onshore facility or a tank vessel that carries liquefied natural gas, 

provide an opportunity for public notice and comment on 

the response plan; 

‘‘(iv) taking into consideration any public comments received and other appropriate factors, as determined by the 

President, require revisions to the response plan; 

‘‘(v) approve, approve with revisions, or disapprove the 

response plan; 

‘‘(vi) review the response plan periodically thereafter, 

and if applicable requirements are not met, acting through 

the head of the appropriate Federal department or agency— 

‘‘(I) issue administrative orders directing the owner, 

operator, or person in charge to comply with the response plan or any regulation issued under this section; or 

‘‘(II) assess civil penalties or conduct other appropriate enforcement actions in accordance with subsections (b)(6), (b)(7), and (b)(8) for failure to develop, 

submit, receive approval of, adhere to, or maintain the 

capability to implement the response plan, or failure 

to comply with any other requirement of this section; 


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‘‘(vii) acting through the head of the appropriate Federal 

department or agency, conduct, at a minimum, biennial inspections of the tank vessel, nontank vessel, or facility to 

ensure compliance with the response plan or identify deficiencies in such plan; 

‘‘(viii) acting through the head of the appropriate Federal department or agency, make the response plan available to the public, including on the Internet; and 

‘‘(ix) in the case of a plan for a nontank vessel, consider 

any applicable State-mandated response plan in effect on 

the date of enactment of the Coast Guard and Maritime 

Transportation Act of 2004 and ensure consistency to the 

extent practicable.’’. 

(3) BIENNIAL REPORT.—Section 311(j)(5) of such Act (33 

U.S.C. 1321(j)(5)) is amended by adding at the end the following: 

‘‘(J) Not later than 2 years after the date of enactment of this 

subparagraph, and biennially thereafter, the President, acting 

through the Administrator, the Secretary of the department in 

which the Coast Guard is operating, and the Secretary of 

Transportation, shall submit to Congress a report containing 

the following information for each owner, operator, or person 

in charge that submitted a response plan for a tank vessel, 

nontank vessel, or facility under this paragraph: 

‘‘(i) The number of response plans approved, disapproved, or approved with revisions under subparagraph 

(E) annually for tank vessels, nontank vessels, and facilities of the owner, operator, or person in charge. 

‘‘(ii) The number of inspections conducted under subparagraph (E) annually for tank vessels, nontank vessels, 

and facilities of the owner, operator, or person in charge. 

‘‘(iii) A summary of each administrative or enforcement 

action concluded with respect each tank vessel, nontank 

vessel, and facility of the owner, operator, or person in 

charge, including a description of the violation, the date of 

violation, the amount of each penalty proposed, and the 

final assessment of each penalty and an explanation for 

any reduction in a penalty.’’. 

(4) ADMINISTRATIVE PROVISIONS FOR FACILITIES.—Section 

311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in 

each of subparagraphs (A) and (B) by inserting ‘‘, the Secretary 

of Transportation,’’ before ‘‘or the Secretary of the department 

in which the Coast Guard is operating’’. 

(b) PENALTIES.— 

(1) ADMINISTRATIVE PENALTIES.— 

(A) AUTHORITY OF SECRETARY OF TRANSPORTATION TO ASSESS PENALTIES.—Section 311(b)(6)(A) of such Act (33 

U.S.C. 1321(b)(6)(A)) is amended by inserting ‘‘, the Secretary of Transportation,’’ before ‘‘or the Administrator’’. 

(B) ADMINISTRATIVE PENALTIES FOR FAILURE TO PROVIDE

NOTICE.—Section 311(b)(6)(A) of such Act (33 U.S.C. 

1321(b)(6)(A)) is further amended— 

(i) in clause (i) by striking ‘‘paragraph (3), or’’ and 

inserting ‘‘paragraph (3),’’; 


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(ii) in clause (ii) by striking ‘‘any regulation issued 

under subsection (j)’’ and inserting ‘‘any order or action required by the President under subsection (c) or 

(e) or any regulation issued under subsection (d) or 

(j)’’; 

(iii) by redesignating clause (ii) as clause (iii); 

(iv) by inserting after clause (i) the following: 

‘‘(ii) who fails to provide notice to the appropriate 

Federal agency pursuant to paragraph (5), or’’; and 

(v) by adding at the end the following: ‘‘Whenever 

the President delegates the authority to issue regulations under subsection (j), the head of the agency who 

issues regulations pursuant to that authority shall 

have the authority to assess a civil penalty in accordance with this section for violations of such regulations.’’. 

(C) PENALTY AMOUNTS.—Section 311(b)(6)(B) of such Act 

(33 U.S.C. 1321(b)(6)(B)) is amended— 

(i) in clause (i)— 

(I) by striking ‘‘$10,000’’ and inserting ‘‘$100,000’’; and 

(II) by striking ‘‘$25,000’’ and inserting ‘‘$250,000’’; and 

(ii) in clause (ii)— 

(I) by striking ‘‘$10,000’’ and inserting ‘‘$100,000’’; and 

(II) by striking ‘‘$125,000’’ and inserting ‘‘$1,000,000’’. 

(2) CIVIL PENALTIES.—Section 311(b)(7) of such Act (33 

U.S.C. 1321(b)(7)) is amended— 

(A) in subparagraph (A)— (i) by striking ‘‘$25,000’’ and inserting ‘‘$100,000’’; 

and 

(ii) by striking ‘‘$1,000’’ and inserting ‘‘$2,500’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘described in subparagraph (A)’’; 

(ii) in clause (i) by striking ‘‘carry out removal of the 

discharge under an order of the President pursuant to 

subsection (c); or’’ and inserting ‘‘comply with any 

order or action required by the President pursuant to 

subsection (c),’’; 

(iii) in clause (ii) by striking ‘‘(1)(B)’’; 

(iv) by redesignating clause (ii) as clause (iii); 

(v) by inserting after clause (i) the following: 

‘‘(ii) fails to provide notice to the appropriate Federal 

agency pursuant to paragraph (5), or’’; and 

(vi) by striking ‘‘$25,000’’ and inserting ‘‘$100,000’’; 

(C) in subparagraph (C)— 

(i) by striking ‘‘(j)’’ and inserting ‘‘(d) or (j)’’; 

(ii) by striking ‘‘$25,000’’ and inserting ‘‘$100,000’’; 

and 

(iii) by adding at the end the following: ‘‘Whenever 

the President delegates the authority to issue regulations under subsection (j), the head of the agency who 

issues regulations pursuant to that authority shall 


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have the authority to seek injunctive relief or assess 

a civil penalty in accordance with this section for violations of such regulations and the authority to refer 

the matter to the Attorney General for action under 

subparagraph (E).’’; 

(D) in subparagraph (D)— 

(i) by striking ‘‘$100,000’’ and inserting ‘‘$300,000’’; 

and 

(ii) by striking ‘‘$3,000’’ and inserting ‘‘$7,500’’; and 

(E) in subparagraph (E) by adding at the end the following: ‘‘The court may award appropriate relief, including 

a temporary or permanent injunction, civil penalties, and 

punitive damages.’’. 

(3) APPLICABILITY.—The amendments made by this subsection apply to— 

(A) any claim arising from an event occurring after the 

date of enactment of this Act; and 

(B) any claim arising from an event occurring before 

such date of enactment, if the claim is brought within the 

limitations period applicable to the claim. 

(c) CLARIFICATION OF FEDERAL REMOVAL AUTHORITY.—Section 

311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended 

by striking ‘‘direct’’ and inserting ‘‘direct, including through the use 

of an administrative order,’’. 

SEC. 718. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES. 

Section 311(j) of the Federal Water Pollution Control Act (33 

U.S.C. 1321(j)) is amended by adding at the end the following: 

‘‘(9) OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.—The President, acting through the Secretary of the 

department in which the Coast Guard is operating, shall— 

‘‘(A) in coordination with the Secretary of the Interior 

and the heads of other appropriate Federal agencies, establish a process for— 

‘‘(i) quickly and effectively soliciting, assessing, and 

deploying offshore oil and hazardous substance cleanup technologies in the event of a discharge or substantial threat of a discharge of oil or a hazardous substance; and 

‘‘(ii) effectively coordinating with other appropriate 

agencies, industry, academia, small businesses, and 

others to ensure the best technology available is implemented in the event of such a discharge or threat; 

and 

‘‘(B) in coordination with the Secretary of the Interior 

and the heads of other appropriate Federal agencies, maintain a database on best available oil and hazardous substance cleanup technologies in the event of a discharge or 

substantial threat of a discharge of oil or a hazardous substance.’’. 

SEC. 719. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE AUTHORITIES. 

Section 311(l) of the Federal Water Pollution Control Act (33 

U.S.C. 1321(l)) is amended— 


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(1) by striking ‘‘(l) The President’’ and inserting the following: 

‘‘(l) DELEGATION AND IMPLEMENTATION.— ‘‘(1) DELEGATION.—The President’’; and 

(2) by adding at the end the following: 

‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— ‘‘(A) IN GENERAL.—The President shall delegate the responsibilities under subparagraph (B) to the Administrator. 

‘‘(B) RESPONSIBILITIES.—With respect to onshore facilities (other than transportation-related facilities) and such 

offshore facilities as the President may designate, the Administrator shall ensure that Environmental Protection 

Agency personnel develop and maintain operational capability— 

‘‘(i) for effective inspection, monitoring, prevention, 

preparedness, and response authorities related to the 

discharge or substantial threat of a discharge of oil or 

a hazardous substance; 

‘‘(ii) to protect water quality and the environment 

from impacts of a discharge or substantial threat of a 

discharge of oil or a hazardous substance; and 

‘‘(iii) to review and approve of, disapprove of, or require revisions (if necessary) to facility response plans 

and to carry out all other responsibilities under subsection (j)(5)(E). 

‘‘(3) COAST GUARD.— ‘‘(A) IN GENERAL.—The President shall delegate the responsibilities under subparagraph (B) to the Secretary of 

the department in which the Coast Guard is operating. 

‘‘(B) RESPONSIBILITIES.—The Secretary shall ensure that 

Coast Guard personnel develop and maintain operational 

capability— 

‘‘(i) to establish and enforce regulations and standards for procedures, methods, equipment, and other 

requirements to prevent and to contain a discharge of 

oil or a hazardous substance from a tank vessel or 

nontank vessel or such an offshore facility as the 

President may designate; 

‘‘(ii) to establish and enforce regulations, and to 

carry out all other responsibilities, under subsection 

(j)(5) with respect to such vessels and offshore facilities as the President may designate; and 

‘‘(iii) to protect the environment and natural resources from impacts of a discharge or substantial 

threat of a discharge of oil or a hazardous substance 

from such vessels and offshore facilities as the President may designate. 

‘‘(C) ROLE AS FIRST RESPONDER.— ‘‘(i) IN GENERAL.—The responsibilities delegated to 

the Secretary under subparagraph (B) shall be sufficient to allow the Coast Guard to act as a first responder to a discharge or substantial threat of a discharge of oil or a hazardous substance from a tank 

vessel, nontank vessel, or offshore facility. 


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‘‘(ii) CAPABILITIES.—The President shall ensure that 

the Coast Guard has sufficient personnel and resources to act as a first responder as described in 

clause (i), including the resources necessary for ongoing training of personnel, acquisition of equipment 

(including containment booms, dispersants, and skimmers), and prepositioning of equipment. 

‘‘(D) CONTRACTS.—The Secretary may enter into contracts with private and nonprofit organizations for personnel and equipment in carrying out the responsibilities 

delegated to the Secretary under subparagraph (B). 

‘‘(4) DEPARTMENT OF TRANSPORTATION.— ‘‘(A) IN GENERAL.—The President shall delegate the responsibilities under subparagraph (B) to the Secretary of 

Transportation. 

‘‘(B) RESPONSIBILITIES.—The Secretary of Transportation 

shall— 

‘‘(i) establish and enforce regulations and standards 

for procedures, methods, equipment, and other requirements to prevent and to contain discharges of oil 

and hazardous substances from transportation-related 

onshore facilities; 

‘‘(ii) have the authority to review and approve of, 

disapprove of, or require revisions (if necessary) to 

transportation-related onshore facility response plans 

and to carry out all other responsibilities under subsection (j)(5)(E); and 

‘‘(iii) ensure that Department of Transportation personnel develop and maintain operational capability— 

‘‘(I) for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a 

discharge of oil or a hazardous substance from a 

transportation-related onshore facility; and 

‘‘(II) to protect the environment and natural resources from the impacts of a discharge or substantial threat of a discharge of oil or a hazardous 

substance from a transportation-related onshore 

facility. 

‘‘(5) DEPARTMENT OF THE INTERIOR.— 

‘‘(A) IN GENERAL.—The President shall delegate the responsibilities under subparagraph (B) to the Secretary of 

the Interior. 

‘‘(B) RESPONSIBILITIES.—The Secretary of the Interior 

shall— 

‘‘(i) establish and enforce regulations and standards 

for procedures, methods, equipment, and other requirements to prevent and to contain discharges of oil 

and hazardous substances from such offshore facilities 

as the President may designate; 

‘‘(ii) establish and enforce regulations to carry out 

all other responsibilities under subsection (j)(5) for 

such offshore facilities as the President may designate; 

‘‘(iii) have the authority to review and approve of, 

disapprove of, or require revisions (if necessary) to offVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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shore facility response plans under subsection (j)(5) for 

such offshore facilities as the President may designate; 

and 

‘‘(iv) ensure that Department of the Interior personnel develop and maintain operational capability for 

effective inspection, monitoring, prevention, and preparedness authorities related to the discharge or a 

substantial threat of a discharge of oil or hazardous 

material from such offshore facilities as the President 

may designate.’’. 

SEC. 720. IMPACTS TO INDIAN TRIBES AND PUBLIC SERVICE DAMAGES. 

(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pollution Act of 

1990 (33 U.S.C. 2702(b)(2)) is amended— 

(1) in subparagraph (D) by striking ‘‘or a political subdivision 

thereof’’ and inserting ‘‘a political subdivision of a State, or an 

Indian tribe’’; and 

(2) in subparagraph (F) by striking ‘‘by a State’’ and all that 

follows before the period and inserting ‘‘the United States, a 

State, a political subdivision of a State, or an Indian tribe’’. 

(b) APPLICABILITY.—The amendments made by this section apply 

to— 

(1) any claim arising from an event occurring after the date 

of enactment of this Act; and 

(2) any claim arising from an event occurring before such 

date of enactment, if the claim is brought within the limitations period applicable to the claim. 

SEC. 721. FEDERAL ENFORCEMENT ACTIONS. 

Section 309(g)(6)(A) of the Federal Water Pollution Control Act 

(33 U.S.C. 1319(g)(6)(A)) is amended by striking ‘‘or section 311(b)’’. 

SEC. 722. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM OR AGAINST THE FUND. 

Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990 

(33 U.S.C. 2713(c)) is amended by striking ‘‘90’’ and inserting ‘‘45’’. 

SEC. 723. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL. 

The authorized end-of-year strength for active duty personnel of 

the Coast Guard for fiscal year 2011 is hereby increased by 300 

personnel, above any other level authorized by law, for implementing the activities of the Coast Guard under this title, including the amendments made by this title. 

SEC. 724. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING. 

Not later than September 30, 2011, the President (acting through 

the head of the appropriate Federal department or agency) shall 

implement or revise, as appropriate, memorandums of understanding to clarify the roles and jurisdictional responsibilities of 

the Environmental Protection Agency, the Coast Guard, the Department of the Interior, the Department of Transportation, and 

other Federal agencies relating to the prevention of oil discharges 

from tank vessels, nontank vessels, and facilities subject to the Oil 

Pollution Act of 1990. 

SEC. 725. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES. 

(a) IN GENERAL.—Title VI of the Oil Pollution Act of 1990 (33 

U.S.C. 2751 et seq.) is amended by adding at the end the following: 


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‘‘SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES. 

‘‘(a) BUILD AMERICA REQUIREMENT.—Except as provided by subsection (b), a person may not use an offshore facility to engage in 

support of exploration, development, or production of oil or natural 

gas in, on, above, or below the exclusive economic zone unless the 

facility was built in the United States, including construction of 

any major component of the hull or superstructure of the facility. 

‘‘(b) WAIVER AUTHORITY.—A person seeking to charter an offshore facility in the exclusive economic zone may seek a waiver of 

subsection (a). The Secretary may waive subsection (a) if the Secretary, in consultation with the Secretary of the Interior and the 

Secretary of Transportation, finds that— 

‘‘(1) the offshore facility was built in a foreign country and 

is under contract, on the date of enactment of this section, in 

support of exploration, development, or production of oil or natural gas in, on, above, or below the exclusive economic zone; 

‘‘(2) an offshore facility built in the United States is not 

available within a reasonable period of time, as defined in subsection (e), or of sufficient quality to perform drilling operations required under a contract; or 

‘‘(3) an emergency requires the use of an offshore facility 

built in a foreign country. 

‘‘(c) WRITTEN JUSTIFICATION AND PUBLIC NOTICE OF NONAVAILABILITY WAIVER.—When issuing a waiver based on a determination 

under subsection (b)(2), the Secretary shall issue a detailed written 

justification as to why the waiver meets the requirement of such 

subsection. The Secretary shall publish the justification in the Federal Register and provide the public with 45 days for notice and 

comment. 

‘‘(d) FINAL DECISION.—The Secretary shall approve or deny any 

waiver request submitted under subsection (b) not later than 90 

days after the date of receipt of the request. 

‘‘(e) REASONABLE PERIOD OF TIME DEFINED.—For purposes of 

subsection (b)(2), the term ‘reasonable period of time’ means the 

time needed for a person seeking to charter an offshore facility in 

the exclusive economic zone to meet the requirements in the primary term of the person’s lease.’’. 

(b) CLERICAL AMENDMENT.—The table of contents contained in 

section 2 of such Act is amended by inserting after the item relating to section 6004 the following: 

‘‘Sec. 6005. Build America requirement for offshore facilities.’’. 

SEC. 726. OIL SPILL RESPONSE VESSEL DATABASE. 

(a) REQUIREMENT.—Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall 

complete an inventory of all vessels operating in the waters of the 

United States that are capable of meeting oil spill response needs 

designated in the National Contingency Plan authorized by section 

311(d) of the Federal Water Pollution Control Act (33 U.S.C. 

1321(d)). 

(b) CATEGORIZATION.—The inventory required under subsection 

(a) shall categorize such vessels by capabilities, type, function, and 

location. 

(c) MAINTENANCE OF DATABASE.—The Commandant shall maintain a database containing the results of the inventory required 


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under subsection (a) and update the information in the database on 

no less than a quarterly basis. 

(d) AVAILABILITY.—The Commandant may make information regarding the location and capabilities of oil spill response vessels 

available to a Federal On-Scene Coordinator designated under section 311 of such Act (33 U.S.C. 1321) to assist in the response to 

an oil spill or other incident in the waters of the United States. 

SEC. 727. OFFSHORE SENSING AND MONITORING SYSTEMS. 

(a) REQUIREMENT.—Subtitle A of title IV of the Oil Pollution Act 

of 1990 is amended by adding at the end the following new section: 

‘‘SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS. 

‘‘(a) IN GENERAL.—The equipment required to be available under 

section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act 

for facilities listed in section 311(j)(5)(C)(iii) of such Act and located 

in more than 500 feet of water includes sensing and monitoring 

systems that meet the requirements of this section. 

‘‘(b) SYSTEMS REQUIREMENTS.—Sensing and monitoring systems 

required under subsection (a) shall— 

‘‘(1) use an integrated, modular, expandable, multi-sensor, 

open-architecture design and technology with interoperable capability; 

‘‘(2) be capable of— 

‘‘(A) operating for at least 25 years; 

‘‘(B) real-time physical, biological, geological, and environmental monitoring; 

‘‘(C) providing alerts in the event of anomalous circumstances; 

‘‘(D) providing docking bases to accommodate spatial 

sensors for remote inspection and monitoring; and 

‘‘(E) collecting chemical boundary condition data for drift 

and flow modeling; and 

‘‘(3) include— 

‘‘(A) an uninterruptible power source; 

‘‘(B) a spatial sensor; 

‘‘(C) secure Internet access to real-time physical, biological, geological, and environmental monitoring data gathered by the system sensors; and 

‘‘(D) a process by which such observation data and information will be made available to Federal Regulators and 

to the system established under section 12304 of Public 

Law 111–11 (33 U.S.C. 3603).’’. 

(b) REQUEST FOR INFORMATION.—Within 60 days after the date 

of enactment of this Act, the Secretary of the department in which 

the Coast Guard is operating shall issue a request for information 

to determine the most capable and efficient domestic systems that 

meet the requirements under section 4119 of the Oil Pollution Act 

of 1990, as amended by this section. 

(c) IMPLEMENTING REGULATIONS.—Within 180 days after the date 

of enactment of this Act, the Secretary of the department in which 

the Coast Guard is operating shall issue regulations to implement 

section 4119 of the Oil Pollution Act of 1990 as amended by this 

section. 


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(d) CLERICAL AMENDMENT.—The table of contents in section 2 of 

the Oil Pollution Act of 1990 is amended by adding at the end of 

the items relating to such subtitle the following new item: 

‘‘Sec. 4119. Offshore sensing and monitoring systems.’’. 

SEC. 728. OIL AND GAS EXPLORATION AND PRODUCTION. 

Section 502 of the Federal Water Pollution Control Act (33 

U.S.C. 1362) is amended— 

(1) by striking paragraph (24); and 

(2) by redesignating paragraph (25) as paragraph (24). 

SEC. 729. LEAVE RETENTION AUTHORITY. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, is 

amended by inserting after section 425 the following: 

‘‘§ 426. Emergency leave retention authority 

‘‘(a) IN GENERAL.—A duty assignment for an active duty member 

of the Coast Guard in support of a declaration of a major disaster 

or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

or in response to a spill of national significance shall be treated, 

for the purpose of section 701(f)(2) of title 10, as a duty assignment 

in support of a contingency operation. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The term ‘spill of national significance’ means a discharge of oil or a hazardous 

substance that is declared by the Commandant to be a spill of 

national significance. 

‘‘(2) DISCHARGE.—The term ‘discharge’ has the meaning 

given that term in section 1001 of the Oil Pollution Act of 1990 

(33 U.S.C. 2701).’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by inserting after the item relating to section 425 the following: 

‘‘426. Emergency leave retention authority.’’. 

SEC. 730. AUTHORIZATION OF APPROPRIATIONS. 

(a) COAST GUARD.—In addition to amounts made available pursuant to section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)(A)), there is authorized to be appropriated to the 

Secretary of the department in which the Coast Guard is operating 

from the Oil Spill Liability Trust Fund established by section 9509 

of the Internal Revenue Code of 1986 (26 U.S.C. 9509) to carry out 

the purposes of this title and the amendments made by this title 

the following: 

(1) For fiscal year 2011, $30,000,000. 

(2) For each of fiscal years 2012 through 2015, $32,000,000. 

(b) ENVIRONMENTAL PROTECTION AGENCY.—In addition to 

amounts made available pursuant to section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there is authorized to be appropriated to the Administrator of the Environmental Protection Agency from the Oil Spill Liability Trust Fund to implement this title 

and the amendments made by this title $10,000,000 for each of fiscal years 2011 through 2015. 

(c) DEPARTMENT OF TRANSPORTATION.—In addition to amounts 

made available pursuant to section 60125 of title 49, United States 

Code, there is authorized to be appropriated to the Secretary of 


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Transportation from the Oil Spill Liability Trust Fund to carry out 

the purposes of this title and the amendments made by this title 

the following: (1) For each of fiscal years 2011 through 2013, $7,000,000. 

(2) For each of fiscal years 2014 and 2015, $6,000,000. 

TITLE VIII—MISCELLANEOUS 

PROVISIONS 

SEC. 801. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY RELIEF FOR THE OIL AND GAS INDUSTRY. 

(a) PROVISIONS RELATING TO PLANNING AREAS OFFSHORE ALAS- KA.—Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act 

(43 U.S.C. 1337(a)(3)(B)) is amended by striking ‘‘and in the Planning Areas offshore Alaska’’ after ‘‘West longitude’’. 

(b) PROVISIONS RELATING TO NAVAL PETROLEUM RESERVE IN

ALASKA.—Section 107 of the Naval Petroleum Reserves Production 

Act of 1976 (as transferred, redesignated, moved, and amended by 

section 347 of the Energy Policy Act of 2005 (119 Stat. 704)) is 

amended— 

(1) in subsection (i) by striking paragraphs (2) through (6); 

and 

(2) by striking subsection (k). 

SEC. 802. CONSERVATION FEE. 

(a) ESTABLISHMENT.—The Secretary shall, within 180 days after 

the date of enactment of this Act, issue regulations to establish an 

annual conservation fee for all oil and gas leases on Federal onshore and offshore lands. 

(b) AMOUNT.—The amount of the fee shall be, for each barrel or 

barrel equivalent produced from land that is subject to a lease from 

which oil or natural gas is produced in a calendar year, $2 per barrel of oil and 20 cents per million BTU of natural gas in 2010 dollars. 

(c) ASSESSMENT AND COLLECTION.—The Secretary shall assess 

and collect the fee established under this section. 

(d) REGULATIONS.—The Secretary may issue regulations to prevent evasion of the fee under this section. 

(e) SUNSET.—This section and the fee established under this section shall expire on December 31, 2021. 

SEC. 803. LEASING ON INDIAN LANDS. 

Nothing in this Act modifies, amends, or affects leasing on Indian lands as currently carried out by the Bureau of Indian Affairs. 

SEC. 804. OUTER CONTINENTAL SHELF STATE BOUNDARIES. 

(a) GENERAL.—Not later than 2 years after the date of enactment 

of this Act, the President, acting through the Secretary of the Interior, shall publish a final determination under section 4(a)(2) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the 

boundaries of coastal States projected seaward to the outer margin 

of the Outer Continental Shelf. 

(b) NOTICE AND COMMENT.—In determining the projected boundaries specified in subsection (a), the Secretary shall comply with 

the notice and comment requirements under chapter 5 of title 5, 

United States Code. 


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(c) SAVINGS CLAUSE.—The determination and publication of projected boundaries under subsection (a) shall not be construed to 

alter, limit, or modify the jurisdiction, control, or any other authority of the United States over the Outer Continental Shelf. 

SEC. 805. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES. 

Section 4 of the National Wildlife Refuge System Administration 

Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the 

following new subsection: 

‘‘(p) DESTRUCTION OR LOSS OF, OR INJURY TO, REFUGE RE- SOURCES.— ‘‘(1) LIABILITY.— ‘‘(A) LIABILITY TO UNITED STATES.—Any person who destroys, causes the loss of, or injures any refuge resource is 

liable to the United States for an amount equal to the sum 

of— 

‘‘(i) the amount of the response costs and damages 

resulting from the destruction, loss, or injury; and 

‘‘(ii) interest on that amount calculated in the manner described under section 1005 of the Oil Pollution 

Act of 1990 (33 U.S.C. 2705). 

‘‘(B) LIABILITY IN REM.—Any instrumentality, including a 

vessel, vehicle, aircraft, or other equipment, that destroys, 

causes the loss of, or injures any refuge resource shall be 

liable in rem to the United States for response costs and 

damages resulting from such destruction, loss, or injury to 

the same extent as a person is liable under subparagraph 

(A). 

‘‘(C) DEFENSES.—A person is not liable under this paragraph if that person establishes that— 

‘‘(i) the destruction or loss of, or injury to, the refuge 

resource was caused solely by an act of God, an act of 

war, or an act or omission of a third party, and the 

person acted with due care; 

‘‘(ii) the destruction, loss, or injury was caused by an 

activity authorized by Federal or State law; or 

‘‘(iii) the destruction, loss, or injury was negligible. 

‘‘(D) LIMITS TO LIABILITY.—Nothing in sections 30501 to 

30512 or section 30706 of title 46, United States Code, 

shall limit the liability of any person under this section. 

‘‘(2) RESPONSE ACTIONS.—The Secretary may undertake or 

authorize all necessary actions to prevent or minimize the destruction or loss of, or injury to, refuge resources, or to minimize the imminent risk of such destruction, loss, or injury. 

‘‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.— 

‘‘(A) IN GENERAL.—The Attorney General, upon request 

of the Secretary, may commence a civil action against any 

person or instrumentality who may be liable under paragraph (1) for response costs and damages. The Secretary, 

acting as trustee for refuge resources for the United 

States, shall submit a request for such an action to the Attorney General whenever a person may be liable for such 

costs or damages. 

‘‘(B) JURISDICTION AND VENUE.—An action under this 

subsection may be brought in the United States district 

court for any district in which— 


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‘‘(i) the defendant is located, resides, or is doing 

business, in the case of an action against a person; 

‘‘(ii) the instrumentality is located, in the case of an 

action against an instrumentality; or 

‘‘(iii) the destruction of, loss of, or injury to a refuge 

resource occurred. 

‘‘(4) USE OF RECOVERED AMOUNTS.—Response costs and damages recovered by the Secretary under this subsection shall be 

retained by the Secretary in the manner provided for in section 

107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) and 

used as follows: 

‘‘(A) RESPONSE COSTS.—Amounts recovered by the 

United States for costs of response actions and damage assessments under this subsection shall be used, as the Secretary considers appropriate— 

‘‘(i) to reimburse the Secretary or any other Federal 

or State agency that conducted those activities; and 

‘‘(ii) after reimbursement of such costs, to restore, 

replace, or acquire the equivalent of any refuge resource. 

‘‘(B) OTHER AMOUNTS.—All other amounts recovered 

shall be used, in order of priority— 

‘‘(i) to restore, replace, or acquire the equivalent of 

the refuge resources that were the subject of the action, including the costs of monitoring the refuge resources; 

‘‘(ii) to restore degraded refuge resources of the refuge that was the subject of the action, giving priority 

to refuge resources that are comparable to the refuge 

resources that were the subject of the action; and 

‘‘(iii) to restore degraded refuge resources of other 

refuges. 

‘‘(5) DEFINITIONS.—In this subsection, the term— 

‘‘(A) ‘damages’ includes— 

‘‘(i) compensation for— 

‘‘(I)(aa) the cost of replacing, restoring, or acquiring the equivalent of a refuge resource; and 

‘‘(bb) the value of the lost use of a refuge resource pending its restoration or replacement or 

the acquisition of an equivalent refuge resource; 

or 

‘‘(II) the value of a refuge resource if the refuge 

resource cannot be restored or replaced or if the 

equivalent of such resource cannot be acquired; 

‘‘(ii) the cost of conducting damage assessments; 

‘‘(iii) the reasonable cost of monitoring appropriate 

to the injured, restored, or replaced refuge resource; 

and 

‘‘(iv) the cost of enforcement actions undertaken by 

the Secretary in response to the destruction or loss of, 

or injury to, a refuge resource; 

‘‘(B) ‘response costs’ means the costs of actions taken or 

authorized by the Secretary to minimize destruction or loss 

of, or injury to, refuge resources, or to minimize the immiVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00095 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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nent risks of such destruction, loss, or injury, including 

costs related to seizure, forfeiture, storage, or disposal arising from liability, or to monitor ongoing effects of incidents 

causing such destruction, loss, or injury under this subsection; and 

‘‘(C) ‘refuge resource’ means any living or nonliving resource of a refuge that contributes to the conservation, 

management, and restoration mission of the System, including living or nonliving resources of a marine national 

monument that may be managed as a unit of the System.’’. 

SEC. 806. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND 

RESPONSE. 

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 

seq.) is amended adding at the end the following new section: 

‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE 

AND PLANNING. 

‘‘(a) GRANTS TO STATES.—The Secretary may make grants to eligible coastal states— 

‘‘(1) to revise management programs approved under section 

306 (16 U.S.C. 1455) to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the state level to address the environmental, economic, and social impacts of oil spills or other accidents resulting from Outer Continental Shelf energy activities with the potential to affect any land or water use or natural resource of 

the coastal zone; and 

‘‘(2) to review and revise where necessary applicable enforceable policies within approved state management programs affecting coastal energy activities and energy to ensure that 

these policies are consistent with— 

‘‘(A) other emergency response plans and policies developed under Federal or State law; and 

‘‘(B) new policies and procedures developed under paragraph (1); and 

‘‘(3) after a State has adopted new or revised enforceable 

policies and procedures under paragraphs (1) and (2)— 

‘‘(A) the State shall submit the policies and procedures 

to the Secretary; and 

‘‘(B) the Secretary shall notify the State whether the 

Secretary approves or disapproves the incorporation of the 

policies and procedures into the State’s management program pursuant to section 306(e). 

‘‘(b) ELEMENTS.—New enforceable policies and procedures developed by coastal states with grants awarded under this section shall 

consider, but not be limited to— 

‘‘(1) other existing emergency response plans, procedures and 

enforceable policies developed under other Federal or State law 

that affect the coastal zone; 

‘‘(2) identification of critical infrastructure essential to facilitate spill or accident response activities; 

‘‘(3) identification of coordination, logistics and communication networks between Federal and State government agencies, 

and between State agencies and affected local communities, to 

ensure the efficient and timely dissemination of data and other 

information; 


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‘‘(4) inventories of shore locations and infrastructure and 

equipment necessary to respond to oil spills or other accidents 

resulting from Outer Continental Shelf energy activities; 

‘‘(5) identification and characterization of significant or sensitive marine ecosystems or other areas possessing important 

conservation, recreational, ecological, historic, or aesthetic values; 

‘‘(6) inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development; and 

‘‘(7) other information or actions as may be necessary. 

‘‘(c) GUIDELINES.—The Secretary shall, within 180 days after the 

date of enactment of this section and after consultation with the 

coastal states, publish guidelines for the application for and use of 

grants under this section. 

‘‘(d) PARTICIPATION.—A coastal state shall provide opportunity for 

public participation in developing new enforceable policies and procedures under this section pursuant to sections 306(d)(1) and 

306(e), especially by relevant Federal agencies, other coastal state 

agencies, local governments, regional organizations, port authorities, and other interested parties and stakeholders, public and private, that are related to, or affected by Outer Continental Shelf energy activities. 

‘‘(e) ANNUAL GRANTS.— 

‘‘(1) IN GENERAL.—For each of fiscal years 2011 through 

2015, the Secretary may make a grant to a coastal state to develop new enforceable polices and procedures as required 

under this section. 

‘‘(2) GRANT AMOUNTS AND LIMIT ON AWARDS.—The amount of 

any grant to any one coastal State under this section shall not 

exceed $750,000 for any fiscal year. No coastal state may receive more than two grants under this section. 

‘‘(3) NO STATE MATCHING CONTRIBUTION REQUIRED.—As it is 

in the national interest to be able to respond efficiently and effectively at all levels of government to oil spills and other accidents resulting from Outer Continental Shelf energy activities, 

a coastal state shall not be required to contribute any portion 

of the cost of a grant awarded under this section. 

‘‘(4) SECRETARIAL REVIEW AND LIMIT ON AWARDS.—After an 

initial grant is made to a coastal state under this section, no 

subsequent grant may be made to that coastal state under this 

section unless the Secretary finds that the coastal state is satisfactorily developing revisions to address offshore energy impacts. No coastal state is eligible to receive grants under this 

section for more than 2 fiscal years. 

‘‘(f) APPLICABILITY.—The requirements of this section shall only 

apply if appropriations are provided to the Secretary to make 

grants under this section. This section shall not be construed to 

convey any new authority to any coastal state, or repeal or supersede any existing authority of any coastal state, to regulate the 

siting, licensing, leasing, or permitting of energy facilities in areas 

of the Outer Continental Shelf under the administration of the 

Federal Government. Nothing in this section repeals or supersedes 

any existing coastal state authority. 


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‘‘(g) ASSISTANCE BY THE SECRETARY.—The Secretary as authorized under section 310(a) and to the extent practicable, shall make 

available to coastal states the resources and capabilities of the National Oceanic and Atmospheric Administration to provide technical assistance to the coastal states to prepare revisions to approved management programs to meet the requirements under this 

section.’’. 

SEC. 807. INFORMATION SHARING. 

Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 

note) is amended by adding at the end the following: 

‘‘(4) AVAILABILITY OF DATA AND INFORMATION.—All heads of 

departments and agencies of the Federal Government shall, 

upon request of the Secretary, provide to the Secretary all data 

and information that the Secretary deems necessary for the 

purpose of including such data and information in the mapping 

initiative, except that no department or agency of the Federal 

Government shall be required to provide any data or information that is privileged or proprietary.’’. 

SEC. 808. LIMITATION ON USE OF FUNDS. 

None of the funds authorized or made available by this Act may 

be used to carry out any activity or pay any costs for removal or 

damages for which a responsible party (as such term is defined in 

section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) is 

liable under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 

or other law. 

SEC. 809. ENVIRONMENTAL REVIEW. 

Section 390 of the Energy Policy Act of 2005 (Public Law 109– 

58; 42 U.S.C. 15942) is repealed. 

SEC. 810. FEDERAL RESPONSE TO STATE PROPOSALS TO PROTECT 

STATE LANDS AND WATERS. 

Any State shall be entitled to timely decisions regarding permit 

applications or other approvals from any Federal official, including 

the Secretary of the Interior or the Secretary of Commerce, for any 

State or local government response activity to protect State lands 

and waters that is directly related to the discharge of oil determined to be a spill of national significance. Within 48 hours of the 

receipt of the State application or request for approval, the Federal 

official shall provide a clear determination on the permit application or approval request to the State, or provide a definite date by 

which the determination shall be made to the State. If the Federal 

official fails to meet either of these deadlines, the permit application is presumed to be approved or other approval granted. 

PART B—TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RAHALL, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 150, strike lines 15 and 16 (and redesignate the subsequent 

subparagraphs accordingly). 

Page 37, line 7, strike ‘‘public health and’’. 

Page 37, line 11, strike ‘‘public health and’’. 

Page 39, line 8, strike ‘‘human health and’’. 

Page 47, line 15, strike ‘‘public health and’’. 

Page 66, line 11, strike ‘‘and human health’’. 


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Page 87, line 15, strike ‘‘and human health’’. 

Page 180, strike lines 17 through 23 and insert the following: 

‘‘(V) require the public disclosure of all ingredients, including the chemical and common name of 

such ingredients, contained in any such dispersant, chemical, or substance; and 

Page 181, strike lines 17 through 23 and insert the following: 

‘‘(II) require the public disclosure of all ingredients, including the chemical and common name of 

such ingredients, contained in any such dispersant, chemical, or substance; and 

Page 169, line 18, insert ‘‘PROCEDURES FOR CLAIMS 

AGAINST FUND;’’ before ‘‘INFORMATION ON CLAIMS’’ (and 

conform the table of contents accordingly). 

Page 169, after line 18, insert the following: 

(a) PROCEDURES FOR CLAIMS AGAINST FUND.—Section 1013(e) of 

the Oil Pollution Act of 1990 (33 U.S.C. 2713(e)) is amended by 

adding at the end the following: ‘‘In the event of a spill of national 

significance, the President may exercise the authorities under this 

section to ensure that the presentation, filing, processing, settlement, and adjudication of claims occurs within the States and local 

governments affected by such spill to the greatest extent practicable.’’. 

Page 169, line 19, strike ‘‘(a) IN GENERAL.—’’ and insert ‘‘(b) INFORMATION ON CLAIMS.—’’. 

Page 170, line 10, strike ‘‘(b)’’ and insert ‘‘(c)’’. 

Page 170, line 14, strike ‘‘(c)’’ and insert ‘‘(d)’’. 

Add at the end of title VII the following: 

SEC. 731. CLARIFICATION OF LIABILITY UNDER OIL POLLUTION ACT 

OF 1990. 

The Oil Pollution Act of 1990 is amended— 

(1) in section 1013 (33 U.S.C. 2713), by inserting after subsection (d) the following: 

‘‘(e) LIMITATION ON RELEASE OF LIABILITY.—No release of liability 

in connection with compensation received by a claimant under this 

Act shall apply to liability for any tope of harm unless— 

‘‘(1) the claimant presented a claim under subsection (a) with 

respect to such type of harm; and 

‘‘(2) the claimant received compensation for such type of 

harm, from the responsible party or from guarantor of the 

source designated under section 1014(a), in connection with 

such release.’’; and 

(2) in section 1018 (33 U.S.C. 2718), by— 

(A) striking ‘‘or’’ at the end of paragraph (1); 

(B) striking the period at the end of paragraph (2) and 

inserting ‘‘; and’’; and 

(C) inserting after paragraph (2) the following: 

‘‘(3) with respect to a claim described in section 1013(e), affect, or be construed or interpreted to affect or modify in any 

way, the obligations or liabilities of any person under other 

Federal law.’’. 

Page 223, after line 13, insert the following (and conform the 

table of contents of the bill accordingly): 


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SEC. 732. SALVAGE ACTIVITIES. 

Section 311 of the Federal Water Pollution Control Act (33 

U.S.C. 1321) is amended— 

(1) in subsection (a)(2)(D) by inserting ‘‘or salvage activities’’ 

after ‘‘removal’’; and 

(2) in subsection (c)(4)(A) by inserting ‘‘or conducting salvage 

activities’’ after ‘‘advice’’. 

Page 23, line 4, insert ‘‘safety training firms,’’ after ‘‘labor organizations,’’. 

Page 8, line 7, strike ‘‘Biomass or landfill’’ and insert ‘‘Landfill’’. 

Page 238, after line 19, insert the following: 

SEC. 811. GOVERNMENT ACCOUNTABILITY OFFICE EVALUATION. 

(a) EVALUATION.—The Comptroller General shall conduct an 

evaluation of the Department of the Interior to determine— 

(1) whether the reforms carried out under this Act and the 

amendments made by this Act address concerns of the Government Accountability Office and the Inspector General expressed before the date of enactment of this Act; 

(2) whether the increased hiring authority given to the Secretary of the Interior under this Act and the amendments 

made by this Act has resulted in the Department of the Interior being more effective in addressing its oversight missions; 

and 

(3) whether there has been a sufficient reduction in the conflict between mission and interest within the Department of 

the Interior. 

(b) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Comptroller General shall submit to Congress a report containing the results of the evaluation conducted under subsection (a). 

Page 24, after line 12, insert the following: 

(6) ROLE OF OIL OR GAS OPERATORS AND RELATED INDUSTRIES.—The Secretary shall ensure that any cooperative agreement or other collaboration with a representative of an oil or 

gas operator or related industry in relation to a training program established under paragraph (4) or paragraph (5) is limited to consultation regarding curricula and does not extend to 

the provision of instructional personnel. 

Page 238, after line 19, insert the following new section: 

SEC. 812. STUDY ON RELIEF WELLS. 

Not later than 60 days after the date of enactment of this Act, 

the Secretary shall enter into an arrangement with the National 

Academy of Engineering under which the Academy shall, not later 

than 1 year after such arrangement is entered into, submit to the 

Secretary and to Congress a report that assesses the economic, 

safety, and environmental impacts of requiring that 1 or more relief wells be drilled in tandem with the drilling of some or all wells 

subject to the requirements of this Act and the amendments made 

by this Act. 

Page 223, after line 13, insert the following (and conform the 

table of contents accordingly): 

SEC. 733. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS. 

(a) REQUIREMENT.—Section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) is amended by redesigVerDate Mar 15 2010 08:13 Jul 30, 2010 Jkt 089008 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR582.XXX HR582

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nating clauses (v) and (vi) as clauses (vii) and (viii), and by inserting after clause (iv) the following new clauses: 

‘‘(v) include redundancies that specify response actions that will be taken if other response actions specified in the plan fail; 

‘‘(vi) be vetted by impartial experts;’’. 

(b) CONDITION OF PERMIT.—The Outer Continental Shelf Lands 

Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the 

following new section: 

‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LICENSE AUTHORIZING DRILLING FOR OIL AND GAS. 

‘‘The Secretary may not issue any license or permit authorizing 

drilling for oil and gas on the Outer Continental Shelf unless the 

applicant for the license or permit has a response plan approved 

under section 311(j)(5)(D) of the Federal Water Pollution Control 

Act (33 U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be 

used to conduct such drilling.’’. 

Add at the end the following new title: 

TITLE ll—STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIES 

SEC. ll1. SHORT TITLE. 

This title may be cited as the ‘‘Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural 

Gas Royalties Act of 2010’’. 

SEC. ll2. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF FEDERAL OIL, CONDENSATE, AND NATURAL 

GAS ROYALTIES. 

The Secretary of the Interior shall seek to enter into an arrangement with the National Academy of Engineering under which the 

Academy, by not later than six months after the date of the enactment of this Act, shall study and report to the Secretary regarding 

whether the accuracy of collection of royalties on production of oil, 

condensate, and natural gas under leases of Federal lands (in eluding submerged and deep water lands) and Indian lands would be 

improved by any of the following: 

(1) Requiring the installation of digital meters, calibrated at 

least monthly to an absolute zero value, for all lands from 

which natural gas (including condensate) is produced under 

such leases. 

(2) Requiring that— 

(A) the size of every orifice plate on each natural gas 

well operated under such leases be inspected at least quarterly by the Secretary; and 

(B) chipped orifice plates and wrong-sized orifice plates 

be replaced immediately after those inspections and reported to the Secretary for retroactive volume measurement corrections and royalty payments with interest of 8 

percent compounded monthly. 

(3) Requiring that any plug valves that are in natural gas 

gathering lines be removed and replaced with ball valves. 


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(4) Requiring that— 

(A) all meter runs should be opened for inspection by the 

Secretary and the producer at all times; and 

(B) any welding or closing of the meter runs leading to 

the orifice plates should be prohibited unless authorized by 

the Secretary. 

(5) Requiring the installation of straightening vanes approximately 10 feet before natural gas enters each orifice meter, including each master meter and each sales meter. 

(6) Requiring that all master meters be inspected and the results of such inspections be made available to the Secretary 

and the producers immediately. 

(7) Requiring that— 

(A) all sampling of natural gas for heating content analysis be performed monthly upstream of each natural gas 

meter, including upstream of each master meter; 

(B) records of such sampling and heating content analysis be maintained by the purchaser and made available 

to the Secretary and to the producer monthly; 

(C) probes for such upstream sampling be installed upstream within three feet of each natural gas meter; 

(D) any oil and natural gas lease for which heat content 

analysis is falsified shall be subject to cancellation; 

(E) natural gas sampling probes be located— 

(i) upstream of the natural gas meter at all times; 

(ii) within a few feet of the natural gas meter; and 

(iii) after the natural gas goes through a Welker or 

Y–Z vanishing chamber; and 

(F) temperature probes and testing probes be located between the natural gas sampling probe and the orifice of 

the natural gas meter. 

(8) Prohibiting the dilution of natural gas with inert nitrogen 

or inert carbon dioxide gas for royalty determination, sale, or 

resale at any point. 

(9) Requiring that both the measurement of the volume of 

natural gas and the heating content analyses be reported only 

on the basis of 14.73 PSI and 60 degrees Fahrenheit, regardless of the elevation above sea level of such volume measurement and heating content analysis, for both purchases and 

sales of natural gas. 

(10) Prohibiting the construction of bypass pipes that go 

around the natural gas meter, and imposing criminal penalties 

for any such construction or subsequent removal including, but 

not limited to, automatic cancellation of the lease. 

(11) Requiring that all natural gas sold to consumers have 

a minimum BTU content of 960 at an atmospheric pressure of 

14.73 PSI and be at a temperature of 60 degrees Fahrenheit, 

as required by the State of Wyoming Public Utilities Commission. 

(12) Requiring that all natural gas sold in the USA will be 

on a MMBTU basis with the BTU content adjusted for elevation above sea level in higher altitudes. Thus all natural gas 

meters must correct for BTU content in higher elevations (altitudes). 


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(13) Issuance by the Secretary of rules for the measurement 

at the wellhead of the standard volume of natural gas produced, based on independent industry standards such as those 

suggested by the American Society of Testing Materials 

(ASTM). 

(14) Requiring use of the fundamental orifice meter mass 

flow equation, as revised in 1990, for calculating the standard 

volume of natural gas produced. 

(15) Requiring the use of Fpv in standard volume measurement computations as described in the 1992 American Gas Association Report No. 8 entitled Compressibility Factor of Natural Gas and Other Related Hydrocarbon Gases. 

(16) Requiring that gathering lines must be constructed so as 

to have as few angles and turns as possible, with a maximum 

of three angles, before they connect with the natural gas 

meter. 

(17) Requiring that for purposes of reporting the royalty 

value of natural gas, condensate, oil, and associated natural 

gases, such royalty value must be based upon the natural gas’ 

condensate’s, oil’s, and associated natural gases’ arm’s length, 

independent market value, as reported in independent, respected market reports such as Platts or Bloombergs, and not 

based upon industry controlled posted prices, such as Koch’s. 

(18) Requiring that royalties be paid on all the condensate 

recovered through purging gathering lines and pipelines with 

a cone-shaped device to push out condensate (popularly referred to as a pig) and on condensate recovered from separators, dehydrators, and processing plants. 

(19) Requiring that all royalty deductions for dehydration, 

treating, natural gas gathering, compression, transportation, 

marketing, removal of impurities such as carbon dioxide (CO2), 

nitrogen (N2), hydrogen sulphide (H2S), mercaptain (HS), helium (He), and other similar charges on natural gas, condensate, and oil produced under such leases that are now in existence be eliminated. 

(20) Requiring that at all times— 

(A) the quantity, quality, and value obtained for natural 

gas liquids (condensate) be reported to the Secretary; and 

(B) such reported value be based on fair independent 

arm’s length market value. 

(21) Issuance by the Secretary of regulations that prohibit 

venting or flaring (or both) of natural gas in cases for which 

technology exists to reasonably prevent it, strict enforcement of 

such prohibitions, and cancellation of leases for violations. 

(22) Requiring lessees to pay full royalties on any natural 

gas that is vented, flared, or otherwise avoidably lost. 

(23)(A) Requiring payment of royalties on carbon dioxide at 

the wellhead used for tertiary oil recovery from depleted oil 

fields on the basis of 5 percent of the West Texas Intermediate 

crude oil fair market price to be used for one MCF (1,000 cubic 

feet) of carbon dioxide gas. 

(B) Requiring that— 

(i) carbon dioxide used for edible purposes should be subjected to a royalty per thousand cubic feet (MCF) on the 

basis of the sales price at the downstream delivery point 


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without deducting for removal of impurities, processing, 

transportation, and marketing costs; 

(ii) such price to apply with respect to gaseous forms, liquid forms, and solid (dry ice) forms of carbon dioxide converted to equivalent MCF; and 

(iii) such royalty to apply with respect to both a direct 

producer of carbon dioxide and purchases of carbon dioxide 

from another person that is either affiliated or not affiliated with the purchaser. 

(24) Requiring that— 

(A) royalties be paid on the fair market value of nitrogen 

extracted from such leases that is used industrially for 

well stimulation, helium recovery, or other uses; and 

(B) royalties be paid on the fair market value of ultimately processed helium recovered from such leases. 

(25) Allowing only 5 percent of the value of the elemental 

sulfur recovered during processing of hydrogen sulfide gas from 

such leases to be deducted for processing costs in determining 

royalty payments. 

(26) Requiring that all heating content analysis of natural 

gas be conducted to a minimum level of C15. 

(27) Eliminating artificial conversion from dry BTU to wet 

BTU, and requiring that natural gas be analyzed and royalties 

paid for at all times on the basis of dry BTU only. 

(28) Requiring that natural gas sampling be performed at all 

times with a floating piston cylinder container at the same 

pressure intake as the pressure of the natural gas gathering 

line. 

(29) Requiring use of natural gas filters with a minimum of 

10 microns, and preferably 15 microns, both in the intake to 

natural gas sampling containers and in the exit from the natural gas sampling containers into the chromatograph. 

(30) Mandate the use of a Quad Unit for both portable and 

stationary chromatographs in order to correct for the presence 

of nitrogen and oxygen, if any, in certain natural gas streams. 

(31) Require the calibration of all chromatograph equipment 

every three months and the use of only American Gas Association-approved standard comparison containers for such calibration. 

(32) Requiring payment of royalties on any such natural gas 

stored on Federal or Indian lands on the basis of corresponding 

storage charges for the use of Federal or Indian lands, respectively, for such storage service. 

(33) Imposing penalties for the intentional nonpayment of 

royalties for natural gas liquids recovered— 

(A) from purging of natural gas gathering lines and natural gas pipelines; or 

(B) from field separators, dehydrators, and processing 

plants, 

including cancellation of oil and natural gas leases and criminal penalties. 

(34) Requiring that the separator, dehydrator, and natural 

gas meter be located within 100 feet of each natural gas wellhead. 


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(35) Requiring that BTU heating content analysis be performed when the natural gas is at a temperature of 140 to 150 

degrees Fahrenheit at all times, as required by the American 

Gas Association (AGA) regulations. 

(36) Requiring that heating content analysis and volume 

measurements are identical at the sales point to what they are 

at the purchase point, after allowing for a small volume for 

leakage in old pipes, but with no allowance for heating content 

discrepancy. 

(37) Verification by the Secretary that the specific gravity of 

natural gas produced under such leases, as measured at the 

meter run, corresponds to the heating content analysis data for 

such natural gas, in accordance with the Natural Gas Processors Association Publication 2145–71(1), entitled ‘‘Physical 

Constants Of Paraffin Hydrocarbons And Other Components 

Of Natural Gas’’, and reporting of all discrepancies immediately. 

(38) Prohibiting all deductions on royalty payments for marketing of natural gas, condensate, and oil by an affiliate or 

agent. 

(39) Requiring that all standards of the American Petroleum 

Institute, the American Gas Association, the Gas Processors 

Association, and the American Society of Testing Materials, 

Minerals Management Service Order No. 5, and all other Minerals Management Service orders be faithfully observed and 

applied, and willful misconduct of such standards and orders 

be subject to oil and gas lease cancellation. 

SEC. ll3. DEFINITIONS. 

In this title: 

(1) COVERED LANDS.—The term ‘‘covered lands’’ means— 

(A) all Federal onshore lands and offshore lands that are 

under the administrative jurisdiction of the Department of 

the Interior for purposes of oil and gas leasing; and 

(B) Indian onshore lands. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

At the end of subtitle A of title II, add the following new section: 

SEC. 224. REPORT ON ENVIRONMENTAL BASELINE STUDIES. 

The Secretary of the Interior shall report to Congress within 6 

months after the date of enactment of this Act on the costs of baseline environmental studies to gather, analyze, and characterize resource data necessary to implement the Outer Continental Shelf 

Lands Act (43 U.S.C. 1331 et seq.). The Secretary shall include in 

the report proposals of fees or other ways to recoup such costs from 

persons engaging or seeking to engage in activities on the Outer 

Continental Shelf to which that Act applies. 

At the end of title III add the following new section: 

SEC. 321. APPLICATION OF ROYALTY TO OIL THAT IS SAVED, REMOVED, SOLD, OR DISCHARGED UNDER OFFSHORE OIL 

AND GAS LEASES. 

Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 

1337(a)) is further amended by adding at the end the following new 

paragraph: 


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‘‘(10)(A) Any royalty under a lease under this section shall apply 

to all oil that is saved, removed, sold, or discharged, without regard 

to whether any of the oil is unavoidably lost or used on, or for the 

benefit of, the lease. 

‘‘(B) In this paragraph the term ‘discharged’ means any emission 

(other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, 

emitting, emptying, or dumping.’’. 

Page 82, line 24, before ‘‘The Secretary’’ insert the following: 

(1) IN GENERAL.— 

Page 83, line 4, strike ‘‘(1)’’ and insert ‘‘(A)’’. 

Page 83, line 7, strike ‘‘(2)’’ and insert ‘‘(B)’’. 

Page 83, line 11, strike ‘‘(3)’’ and insert ‘‘(C)’’. 

Page 83, line 15, strike ‘‘(4)’’ and insert ‘‘(D)’’. 

Page 83, line 19, strike ‘‘(5)’’ and insert ‘‘(E)’’. 

Page 83, line 20, strike ‘‘(6)’’ and insert ‘‘(F)’’. 

Page 83, after line 22, insert the following: 

‘‘(2) CIVIL PENALTY.—Any chief executive officer who makes 

a false certification under paragraph (1) shall be liable for a 

civil penalty under section 24. 

Page 129, after line 19, insert the following: 

(4) CITIZEN ADVISORY COUNCIL.— 

(A) IN GENERAL.—The Gulf Coast Restoration Task 

Force shall create a Citizen Advisory Council made up of 

individuals who— 

(i) are local residents of the Gulf of Mexico region; 

(ii) are stakeholders who are not from the oil and 

gas industry or scientific community; 

(iii) include business owners, homeowners, and local 

decisionmakers; and 

(iv) are a balanced representation geographically 

and in diversity among the interests of its members. 

(B) FUNCTION.—The Council shall provide recommendations to the Task Force regarding its work. 

At the end of subtitle A of title II add the following new section: 

SEC. 225. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND 

STOCKS AND SUBSISTENCE USE. 

Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1346) is further amended by adding at the end the following: 

‘‘(h) CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND

STOCKS AND SUBSISTENCE USE.—In determining, pursuant to subparagraphs (A)(i) and (D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C.1371(a)(5)), whether takings 

from specified activities administered under this title will have a 

negligible impact on a marine mammal species or stock, and not 

have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses, the Secretary of Commerce or Interior shall incorporate any takings of such species or 

stock from any other reasonably foreseeable activities administered 

under this Act.’’. 

Page 145, line 3, insert ‘‘, except for the assessment for the Great 

Lakes Coordination Region, for which the Regional Coordination 

Council for such Coordination Region shall only identify the Great 

Lakes Coordination Region’s renewable energy resources, including 


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current and potential renewable energy resources’’ after ‘‘potential 

energy resources’’. 

Page 147, line 23, insert ‘‘, except for the Strategic Plan for the 

Great Lakes Coordination Region which shall identify only areas 

with potential for siting and developing renewable energy resources 

in the Great Lakes Coordination Region’’ after ‘‘Strategic Plan’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE, OR

HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I add the following new section: 

SEC. ll. LIMITATION ON EFFECT ON DEVELOPMENT OF OCEAN RENEWABLE ENERGY RESOURCE FACILITIES. 

Nothing in this title shall delay development of ocean renewable 

energy resource facilities including— 

(1) promotion of offshore wind development; 

(2) planning, leasing, licensing, and fee and royalty collection 

for such development of ocean renewable energy resource facilities; and 

(3) developing and administering an efficient leasing and licensing process for ocean renewable energy resource facilities. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KIND, OR

HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 127, line 6, strike the closing quotation marks and the final 

period. 

Page 127, after line 6, insert the following: 

‘‘(c) RECREATIONAL ACCESS FUNDING.—Notwithstanding subsection (b), not less than 1.5 percent of the amounts made available 

under subsection (a) for each fiscal year shall be made available for 

projects that secure recreational public access to Federal land 

under the jurisdiction of the Secretary of the Interior for hunting, 

fishing, and other recreational purposes through easements, rightsof-way, or fee title acquisitions, from willing sellers.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHEA- PORTER, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 28, line 16, insert at the end the following new sentence: 

‘‘The Secretary shall update the supplementary ethics guidance not 

less than once every three years thereafter.’’. 

Page 78, strike line 16, and insert the following: 

‘‘(D) oil spill response and mitigation, including reviews 

of the best available technology for oil spill response and 

mitigation and the availability and accessibility of such 

technology in each region where leasing is taking place;’ ’’’. 

Page 82, line 18, strike ‘‘and’’. 

Page 82, line 23, strike the period and insert ‘‘; and’’. 

Page 82, after line 23, add the following: 

‘‘(F) updated the operator’s response plan required under 

section 25(c)(7) and exploration plans required under section 11(c)(3) to reflect the best available technology, including the availability of such technology. 


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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TEAGUE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 167, line 2, strike ‘‘and’’. 

Page 167, after line 2, insert the following: 

(2) in subsection (e) by striking ‘‘self-insurer,’’ and inserting 

‘‘self-insurer, participation in cooperative arrangements such 

as pooling or joint insurance,’’; and 

Page 167, line 3, strike ‘‘(2)’’ and insert ‘‘(3)’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HIMES, OR

HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 172, after line 8, insert the following: 

(e) CONSIDERATIONS OF TRUSTEES.—Section 1006(d) of such Act 

(33 U.S.C. 2706(d)) is amended by adding at the end the following: 

‘‘(4) CONSIDERATIONS OF TRUSTEES.— ‘‘(A) EQUAL AND FULL CONSIDERATION.—Trustees shall— 

‘‘(i) give equal and full consideration to restoration, 

rehabilitation, replacement, and the acquisition of the 

equivalent of the natural resources under their trusteeship; and 

‘‘(ii) consider restoration, rehabilitation, replacement, and the acquisition of the equivalent of the natural resources under their trusteeship in a holistic ecosystem context and using, where available, eco-regional or natural resource plans. 

‘‘(B) SPECIAL RULE ON ACQUISITION.—Acquisition shall 

only be given full and equal consideration under subparagraph (A) if it provides a substantially greater likelihood 

of improving the resilience of the lost or damaged resource 

and supports local ecological processes.’’. 

Page 172, line 9, strike ‘‘(e)’’ and insert ‘‘(f)’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY, 

OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII add the following new section: 

SEC. ll. EXTENSION OF LIABILITY TO PERSONS HAVING OWNERSHIP 

INTERESTS IN RESPONSIBLE PARTIES. 

(a) DEFINITION OF RESPONSIBLE PARTY.—Section 1001(32) of the 

Oil Pollution Act of 1990 (33 U.S.C. 2701(32)) is amended by adding at the end the following: 

‘‘(G) PERSON HAVING OWNERSHIP INTEREST.—Any person, 

other than an individual, having an ownership interest (directly or indirectly) in any entity described in any of subparagraphs (A) through (F) of more than 25 percent, in the 

aggregate, of the total ownership interests in such entity, 

if the assets of such entity are insufficient to pay the 

claims owed by such entity as a responsible party under 

this Act.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section shall 

apply to an incident occurring on or after January 1, 2010. 


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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

MELANCON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title II add the following: 

Subtitle C—Limitation on Moratorium 

SEC. 231. LIMITATION OF MORATORIUM ON CERTAIN PERMITTING 

AND DRILLING ACTIVITIES. 

(a) IN GENERAL.—The moratorium set forth in the decision 

memorandum of the Secretary of the Interior entitled ‘‘Decision 

memorandum regarding the suspension of certain offshore permitting and drilling activities on the Outer Continental Shelf’’ and 

dated July 12, 2010, and any suspension of operations issued in 

connection with the moratorium, shall not apply to an application 

for a permit to drill submitted on or after the effective date of this 

Act if the Secretary determines that the applicant— 

(1) has complied with the notice entitled ‘‘National Notice to 

Lessees and Operators of Federal Oil and Gas Leases, Outer 

Continental Shelf (OCS)’’ dated June 8, 2010 (NTL No. 2010– 

N05) and the notice entitled ‘‘National Notice to Lessees and 

Operators of Federal Oil and Gas Leases, Outer Continental 

Shelf (OCS)’’ dated June 18, 2010 (NTL No. 2010–N06); 

(2) has complied with additional safety measures recommended by the Secretary as of the date of the enactment of 

this Act; and 

(3) has completed all required safety inspections. 

(b) DETERMINATION ON PERMIT.—Not later than 30 days after the 

date on which the Secretary makes a determination that an applicant has complied with paragraphs (1), (2), and (3) of subsection 

(a), the Secretary shall make a determination on whether to issue 

the permit. 

(c) NO SUSPENSION OF CONSIDERATION.—No Federal entity shall 

suspend the active consideration of, or preparatory work for, permits required to resume or advance activities suspended in connection with the moratorium. 

(e) REPORT TO CONGRESS.—Not later than October 31, 2010, the 

Secretary shall report to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources on the status of (1) the collection and analysis of evidence 

regarding the potential causes of the April 20, 2010, explosion and 

sinking of the Deepwater Horizon offshore drilling rig, including information collected by the Presidential Commission and other investigations (2) implementation of safety reforms described in the 

May 27, 2010, Departmental report entitled ‘‘Increased Safety 

Measures for Energy Development on the Outer Continental Shelf,’’ 

(3) the ability of operators in the Gulf of Mexico to respond effectively to an oil spill in light of the Deepwater Horizon incident; and 

(4) industry and government efforts to engineer, design, construct 

and assemble wild well intervention and blowout containment resources necessary to contain an uncontrolled release of hydrocarbons in deep water should another blowout occur. 

(f) SAVINGS CLAUSE.—Nothing herein affects the Secretary’s authority to suspend offshore drilling permitting and drilling operations based on the threat of significant, irreparable or immediate 


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harm or damage to life, property, or the marine, coastal or human 

environment pursuant to the Outer Continental Shelf Lands Act 

(43 U.S.C. 133 et seq.). 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

MELANCON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title V, add the following new section (and conform 

the table of contents accordingly): 

SEC. 504. GULF OF MEXICO RESTORATION ACCOUNT. 

(a) ESTABLISHMENT OF SPECIAL ACCOUNT.—There is established 

in the Treasury of the United States a separate account to be 

known as the ‘‘Gulf of Mexico Restoration Account’’. 

(b) FUNDING.—The Gulf of Mexico Restoration Account shall consist of such amounts as may be appropriated or credited to such 

Account by section 311A of the Federal Water Pollution Control 

Act. 

(c) EXPENDITURES.—Amounts in the Gulf of Mexico Restoration 

Account shall be available, as provided in appropriations Acts, to 

carry out projects, programs, and activities as recommended by the 

Gulf of Mexico Restoration Task Force established in this title. 

(d) AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL

ACT.— 

(1) IN GENERAL.—Title III of the Federal Water Pollution 

Control Act is amended by inserting after section 311 the following: 

‘‘SEC. 311A. ADDITIONAL PENALTIES FOR LARGE SPILLS IN THE GULF 

OF MEXICO. 

‘‘(a) IN GENERAL.—In the case of an offshore facility from which 

more than 1,000,000 barrels of oil or a hazardous substance is discharged into the Gulf of Mexico in violation of section 311(b)(3), 

any person who is the owner or operator of the facility shall be subject to a civil penalty of $200,000,000 for each 1,000,000 barrels 

discharged. 

‘‘(b) RELATIONSHIP TO OTHER PENALTIES.—The civil penalty 

under subsection (a) shall be in addition to any other penalties to 

which the owner or operator of the facility is subject, including 

those under section 311.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) takes effect on April 1, 2010. 

PART C—TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

Page 2, line 11, insert a comma after ‘‘violation of’’. 

Page 2, strike line 23 and all that follows through page 3, line 

2, and insert the following: 

(E) objected to, or refused to participate in any activity, 

policy, practice, or assigned task that the covered employee 

reasonably believed to be in violation of any provision of 

such Act, or any order, rule, regulation, standard, or ban 

under such Act; 

(F) reported to the employer or a State or Federal Government official any of the following related to the employer’s activities described in section 3(1): an illness, injury, 


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111 

unsafe condition, or information regarding the adequacy of 

any oil spill response plan required by law; or 

Page 3, line 3, strike ‘‘(F)’’ and insert ‘‘(G)’’. 

Page 3, beginning on line 10, strike ‘‘; or’’ and all that follows 

through line 16, and insert a period. 

Page 11, beginning on line 9, strike ‘‘with jurisdiction’’ and all 

that follows through ‘‘controversy, and’’ on line 11 and insert a 

comma. 

Page 11, beginning on line 17, strike ‘‘shall have jurisdiction to 

grant’’ and insert ‘‘may award’’. 

Page 12, strike lines 6 through 8 and insert the following: 

(iv) litigation costs, including reasonable attorney 

fees and expert witness fees. 

Page 12, beginning on line 10, strike ‘‘adversely affected or’’. 

Page 12, beginning on line 14, strike ‘‘United States Court’’ and 

all that follows through ‘‘violation’’ on line 18 and insert ‘‘appropriate United States Court of Appeals’’. 

Page 12, line 21, strike ‘‘conform to’’ and insert ‘‘be in accordance 

with’’. 

Page 13, line 5, strike ‘‘criminal or other civil’’ and insert ‘‘other’’. 

Page 13, line 8, strike ‘‘file’’ and insert ‘‘obtain in’’. 

Page 13, beginning on line 12, strike ‘‘to enforce such order’’ and 

all that follows through ‘‘grant’’ on line 14. 

Page 13, beginning on line 18, strike ‘‘(A) IN GENERAL’’ and all 

that follows through page 14, line 4, and insert: 

(A) IN GENERAL.—Whenever an employer has failed to 

comply with an order issued under paragraph (3), the complainant on whose behalf the order was issued may obtain 

in a civil action in an appropriate United States district 

court against the employer to whom the order was issued, 

all appropriate relief. 

Æ 


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