I 

112TH CONGRESS 

1ST SESSION H. R. 1870 

To safely increase domestic oil and gas production, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2011 

Mr. CONNOLLY of Virginia (for himself, Mr. BISHOP of New York, Mr. WAXMAN, Mr. MARKEY, Ms. ESHOO, and Mr. LARSON of Connecticut) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committees on Science, Space, and 

Technology, Energy and Commerce, Transportation and Infrastructure, 

and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To safely increase domestic oil and gas production, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Increase American Energy Production Now Act of 

6 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CREATION OF NEW DEPARTMENT OF THE INTERIOR 

AGENCIES 

Sec. 101. Bureau of Ocean Energy 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. 

Sec. 109. Limitation on effect on development of ocean renewable energy resource facilities. 

Sec. 110. Annual report on offshore energy development activities. 

TITLE II—FEDERAL OIL AND GAS DEVELOPMENT 

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. Chemical Safety Board Investigation. 

Sec. 207. Leases, easements, and rights-of-way. 

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. 

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. Coordination and consultation with affected state and local governments. 

Sec. 222. Implementation. 

Sec. 223. Report on environmental baseline studies. 

Sec. 224. Cumulative impacts on marine mammal species and stocks and subsistence use. 

Sec. 225. Savings clause. 

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. 


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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. Entitlements. 

Sec. 319. Limitation on royalty in-kind program. 

Sec. 320. Application of royalty to oil that is saved, removed, sold, or discharged under offshore oil and gas leases. 

Sec. 321. Disposition of revenue. 

TITLE IV—GULF OF MEXICO RESTORATION 

Sec. 401. Short title. 

Sec. 402. Gulf coast ecosystem restoration. 

TITLE V—COORDINATION AND PLANNING 

Sec. 501. Regional coordination. 

Sec. 502. Regional Coordination Councils. 

Sec. 503. Regional strategic plans. 

Sec. 504. Regulations and savings clause. 

Sec. 505. Ocean Resources Conservation and Assistance Fund. 

Sec. 506. Waiver. 

TITLE VI—OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL 

PROTECTION 

Sec. 601. Short title. 

Sec. 602. Repeal of and adjustments to limitation on liability. 

Sec. 603. Evidence of financial responsibility for offshore facilities. 

Sec. 604. Damages to human health. 

Sec. 605. Clarification of liability for discharges from mobile offshore drilling 

units. 

Sec. 606. Standard of review for damage assessment. 

Sec. 607. Procedures for claims against Fund; Information on claims. 

Sec. 608. Additional amendments and clarifications to Oil Pollution Act of 

1990. 

Sec. 609. Americanization of offshore operations in the Exclusive Economic 

Zone. 

Sec. 610. Safety management systems for mobile offshore drilling units. 

Sec. 611. Safety standards for mobile offshore drilling units. 

Sec. 612. Operational control of mobile offshore drilling units. 

Sec. 613. Single-hull tankers. 

Sec. 614. Repeal of response plan waiver. 

Sec. 615. National Contingency Plan. 

Sec. 616. Tracking Database. 

Sec. 617. Evaluation and approval of response plans; maximum penalties. 

Sec. 618. Oil and hazardous substance cleanup technologies. 

Sec. 619. Implementation of oil spill prevention and response authorities. 


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Sec. 620. Impacts to Indian Tribes and public service damages. 

Sec. 621. Federal enforcement actions. 

Sec. 622. Time required before electing to proceed with judicial claim or 

against the Fund. 

Sec. 623. Authorized level of Coast Guard personnel. 

Sec. 624. Clarification of memorandums of understanding. 

Sec. 625. Build America requirement for offshore facilities. 

Sec. 626. Oil spill response vessel database. 

Sec. 627. Offshore sensing and monitoring systems. 

Sec. 628. Oil and gas exploration and production. 

Sec. 629. Authorization of appropriations. 

Sec. 630. Extension of liability to persons having ownership interests in responsible parties. 

Sec. 631. Clarification of liability under Oil Pollution Act of 1990. 

Sec. 632. Salvage activities. 

Sec. 633. Requirement for redundancy in response plans. 

Sec. 634. Federal Oil Spill Research Program. 

Sec. 635. Oil Spill Liability Trust Fund. 

TITLE VII—DILIGENT DEVELOPMENT OF FEDERAL OIL AND GAS 

LEASES 

Sec. 701. Clarification. 

Sec. 702. Covered provisions. 

Sec. 703. Regulations. 

Sec. 704. Resource estimates and leasing program management indicators. 

Sec. 705. Production incentive fee. 

TITLE VIII—NATIONAL PETROLEUM RESERVE IN ALASKA 

Sec. 801. Acceleration of lease sales for National Petroleum Reserve in Alaska. 

Sec. 802. National Petroleum Reserve in Alaska: Pipeline construction. 

Sec. 803. Project labor agreements and other pipeline requirements. 

Sec. 804. Provisions relating to lease terms in the National Petroleum Reserve 

in Alaska. 

TITLE IX—STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF 

COLLECTION OF ROYALTIES 

Sec. 901. Short title. 

Sec. 902. Study of actions to improve the accuracy of collection of Federal oil, 

condensate, and natural gas royalties. 

Sec. 903. Definitions. 

TITLE X—OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER 

PROTECTION 

Sec. 1001. Short title. 

Sec. 1002. Whistleblower protections; employee protection from other retaliation. 

Sec. 1003. Definitions. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Repeal of certain taxpayer subsidized royalty relief for the oil and 

gas industry. 

Sec. 1102. Leasing on Indian lands. 


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Sec. 1103. Outer Continental Shelf State boundaries. 

Sec. 1104. Liability for damages to national wildlife refuges. 

Sec. 1105. Strengthening coastal State oil spill planning and response. 

Sec. 1106. Information sharing. 

Sec. 1107. Limitation on use of funds. 

Sec. 1108. Environmental review. 

Sec. 1109. Government Accountability Office evaluation. 

Sec. 1110. Study on relief wells. 

Sec. 1111. Flow rate technical group. 

1 SEC. 2. DEFINITIONS. 

2 For the purposes of this Act: 

3 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af4 fected Indian tribe’’ means an Indian tribe that has 

5 federally reserved rights that are affirmed by treaty, 

6 statute, Executive order, Federal court order, or 

7 other Federal law in the area at issue. 

8 (2) COASTAL STATE.—The term ‘‘coastal 

9 State’’ has the same meaning given the term ‘‘coast10 al state’’ in section 304 of the Coastal Zone Man11 agement Act of 1972 (16 U.S.C. 1453). 

12 (3) DEPARTMENT.—The term ‘‘Department’’ 

13 means the Department of the Interior, except as the 

14 context indicates otherwise. 

15 (4) FUNCTION.—The term ‘‘function’’, with re16 spect to a function of an officer, employee, or agent 

17 of the Federal Government, or of a Department, 

18 agency, office, or other instrumentality of the Fed19 eral Government, includes authorities, powers, 

20 rights, privileges, immunities, programs, projects, 

21 activities, duties, and responsibilities. 


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1 (5) IMPORTANT ECOLOGICAL AREA.—The term 

2 ‘‘important ecological area’’ means an area that con3 tributes significantly to local or larger marine eco4 system health or is an especially unique or sensitive 

5 marine ecosystem. 

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

7 has the meaning given the term in section 502(a) of 

8 title V of Public Law 109–58 (25 U.S.C. 3501(2)). 

9 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the same meaning given the term ‘‘Indian tribe’’ 

11 has in section 4 of the Indian Self-Determination 

12 and Education Assistance Act (25 U.S.C. 450b). 

13 (8) MARINE ECOSYSTEM HEALTH.—The term 

14 ‘‘marine ecosystem health’’ means the ability of an 

15 ecosystem in ocean and coastal waters to support 

16 and maintain patterns, important processes, and 

17 productive, sustainable, and resilient communities of 

18 organisms, having a species composition, diversity, 

19 and functional organization resulting from the nat20 ural habitat of the region, such that it is capable of 

21 supporting a variety of activities and providing a 

22 complete range of ecological benefits. Such an eco23 system would be characterized by a variety of fac24 tors, including— 


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1 (A) a complete diversity of native species 

2 and habitat wherein each native species is able 

3 to maintain an abundance, population struc4 ture, and distribution supporting its ecological 

5 and evolutionary functions, patterns, and proc6 esses; and 

7 (B) a physical, chemical, geological, and 

8 microbial environment that is necessary to 

9 achieve such diversity. 

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

11 same meaning that the term ‘‘minerals’’ has in sec12 tion 2(q) of the Outer Continental Shelf Lands Act 

13 (43 U.S.C. 1331(q)). 

14 (10) NONRENEWABLE ENERGY RESOURCE.— 

15 The term ‘‘nonrenewable energy resource’’ means oil 

16 and natural gas. 

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

18 means— 

19 (A) the lessee; or 

20 (B) a person designated by the lessee as 

21 having control or management of operations on 

22 the leased area or a portion thereof, who is— 

23 (i) approved by the Secretary, acting 

24 through the Bureau of Ocean Energy Man25 agement, Regulation and Enforcement; or 


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1 (ii) the holder of operating rights 

2 under an assignment of operating rights 

3 that is approved by the Secretary, acting 

4 through the Bureau of Ocean Energy Man5 agement, Regulation and Enforcement. 

6 (12) OUTER CONTINENTAL SHELF.—The term 

7 ‘‘Outer Continental Shelf’’ has the same meaning 

8 given the term ‘‘outer Continental Shelf’’ in the 

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

10 et seq.). 

11 (13) REGIONAL OCEAN PARTNERSHIP.—The 

12 term ‘‘Regional Ocean Partnership’’ means vol13 untary, collaborative management initiatives devel14 oped and entered into by the Governors of two or 

15 more coastal States or created by an interstate com16 pact for the purpose of addressing more than one 

17 ocean, coastal, or Great Lakes issue and to imple18 ment policies and activities identified under special 

19 area management plans under the Coastal Zone 

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

21 or other agreements developed and signed by the 

22 Governors. 

23 (14) RENEWABLE ENERGY RESOURCE.—The 

24 term ‘‘renewable energy resource’’ means each of the 

25 following: 


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1 (A) Wind energy. 

2 (B) Solar energy. 

3 (C) Geothermal energy. 

4 (D) Landfill gas. 

5 (E) Marine and hydrokinetic renewable en6 ergy, as that term is defined in section 632 of 

7 the Energy Independence and Security Act of 

8 2007 (42 U.S.C. 17211). 

9 (15) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the Interior, except as other11 wise provided in this Act. 

12 (16) TERMS DEFINED IN OTHER LAW.—Each 

13 of the terms ‘‘Federal land’’, ‘‘lease’’, and ‘‘mineral 

14 leasing law’’ has the same meaning given the term 

15 under the Federal Oil and Gas Royalty Management 

16 Act of 1982 (30 U.S.C. 1701 et seq.), except that 

17 such terms shall also apply to all minerals and re18 newable energy resources in addition to oil and gas. 

19 TITLE I—CREATION OF NEW DE20 PARTMENT OF THE INTERIOR 

21 AGENCIES 

22 SEC. 101. BUREAU OF OCEAN ENERGY MANAGEMENT. 

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

24 Department of the Interior a Bureau of Ocean Energy 

25 Management (referred to in this section as the ‘‘Bureau’’) 


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1 to be headed by a Director of Energy Management (re2 ferred to in this section as the ‘‘Director’’). 

3 (b) DIRECTOR.— 

4 (1) APPOINTMENT.—The Director shall be ap5 pointed by the President, by and with the advice and 

6 consent of the Senate, on the basis of— 

7 (A) professional background, demonstrated 

8 competence, and ability; and 

9 (B) capacity to— 

10 (i) administer the provisions of this 

11 Act; and 

12 (ii) ensure that the fiduciary duties of 

13 the United States Government on behalf of 

14 the people of the United States, as they re15 late to development of nonrenewable and 

16 renewable energy and mineral resources, 

17 are duly met. 

18 (2) COMPENSATION.—The Director shall be 

19 compensated at the rate provided for Level V of the 

20 Executive Schedule under section 5316 of title 5, 

21 United States Code. 

22 (c) DUTIES.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (4), the Secretary shall carry out through the 

25 Bureau all functions, powers, and duties vested in 


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1 the Secretary relating to the administration of a 

2 comprehensive program of offshore nonrenewable 

3 and renewable energy and mineral resources man4 agement— 

5 (A) on the Outer Continental Shelf, pursu6 ant to the Outer Continental Shelf Lands Act 

7 as amended by this Act (43 U.S.C. 1331 et 

8 seq.); and 

9 (B) pursuant to this Act and all other ap10 plicable Federal laws, including the administra11 tion and approval of all instruments and agree12 ments required to ensure orderly, safe, and en13 vironmentally responsible offshore nonrenewable 

14 and renewable energy and mineral resources de15 velopment activities. 

16 (2) SPECIFIC AUTHORITIES.—The Director 

17 shall promulgate and implement regulations for the 

18 proper issuance of leases for the exploration, devel19 opment, and production of nonrenewable and renew20 able energy and mineral resources, and for the 

21 issuance of permits under such leases, on the Outer 

22 Continental Shelf, including regulations relating to 

23 resource identification, access, evaluation, and utili24 zation. 


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1 (3) INDEPENDENT ENVIRONMENTAL

2 SCIENCE.— 

3 (A) IN GENERAL.—The Secretary shall 

4 create an independent office within the Bureau 

5 that— 

6 (i) shall report to the Director; 

7 (ii) shall be programmatically separate 

8 and distinct from the leasing and permit9 ting activities of the Bureau; and 

10 (iii) shall— 

11 (I) carry out the environmental 

12 studies program under section 20 of 

13 the Outer Continental Shelf Lands 

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

15 (II) conduct any environmental 

16 analyses necessary for the programs 

17 administered by the Bureau; and 

18 (III) carry out other functions as 

19 deemed necessary by the Secretary. 

20 (B) CONSULTATION.—Studies and anal21 yses carried out by the office created under sub22 paragraph (A) shall be conducted in appro23 priate and timely consultation with other rel24 evant Federal agencies, including— 


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1 (i) the Bureau of Safety and Environ2 mental Enforcement; 

3 (ii) the United States Fish and Wild4 life Service; 

5 (iii) the United States Geological Sur6 vey; and 

7 (iv) the National Oceanic and Atmos8 pheric Administration. 

9 (4) LIMITATION.—The Secretary shall not carry 

10 out through the Bureau any function, power, or duty 

11 that is— 

12 (A) required by section 102 to be carried 

13 out through Bureau of Safety and Environ14 mental Enforcement; or 

15 (B) required by section 103 to be carried 

16 out through the Office of Natural Resources 

17 Revenue. 

18 (d) COMPREHENSIVE DATA AND ANALYSES ON

19 OUTER CONTINENTAL SHELF RESOURCES.— 

20 (1) IN GENERAL.— 

21 (A) PROGRAMS.—The Director shall de22 velop and carry out programs for the collection, 

23 evaluation, assembly, analysis, and dissemina24 tion of data and information that is relevant to 

25 carrying out the duties of the Bureau, including 


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1 studies under section 20 of the Outer Conti2 nental Shelf Lands Act (43 U.S.C. 1346). 

3 (B) USE OF DATA AND INFORMATION.— 

4 The Director shall, in carrying out functions 

5 pursuant to the Outer Continental Lands Act 

6 (43 U.S.C. 1331 et seq.), consider data and in7 formation referred to in subparagraph (A) 

8 which shall inform the management functions 

9 of the Bureau, and shall contribute to a broader 

10 coordination of development activities within 

11 the contexts of the best available science and 

12 marine spatial planning. 

13 (2) INTERAGENCY COOPERATION.—In carrying 

14 out programs under this subsection, the Bureau 

15 shall— 

16 (A) utilize the authorities of subsection (g) 

17 and (h) of section 18 of the Outer Continental 

18 Shelf Lands Act (43 U.S.C. 1344); 

19 (B) cooperate with appropriate offices in 

20 the Department and in other Federal agencies; 

21 (C) use existing inventories and mapping 

22 of marine resources previously undertaken by 

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1 mospheric Administration, and information pro2 vided by the Department of Defense and other 

3 Federal and State agencies possessing relevant 

4 data; and 

5 (D) use any available data regarding re6 newable energy potential, navigation uses, fish7 eries, aquaculture uses, recreational uses, habi8 tat, conservation, and military uses of the 

9 Outer Continental Shelf. 

10 (e) RESPONSIBILITIES OF LAND MANAGEMENT

11 AGENCIES.—Nothing in this section shall affect the au12 thorities of the Bureau of Land Management under the 

13 Federal Land Policy and Management Act of 1976 (43 

14 U.S.C. 1701 et seq.) or of the Forest Service under the 

15 National Forest Management Act of 1976 (Public Law 

16 94–588). 

17 SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL EN18 FORCEMENT. 

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

20 Department a Bureau of Safety and Environmental En21 forcement (referred to in this section as the ‘‘Bureau’’) 

22 to be headed by a Director of Safety and Environmental 

23 Enforcement (referred to in this section as the ‘‘Direc24 tor’’). 

25 (b) DIRECTOR.— 


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1 (1) APPOINTMENT.—The Director shall be ap2 pointed by the President for a fixed term of five 

3 years, by and with the advice and consent of the 

4 Senate, on the basis of— 

5 (A) professional background, demonstrated 

6 competence, and ability; and 

7 (B) capacity to administer the provisions 

8 of this Act. 

9 (2) COMPENSATION.—The Director shall be 

10 compensated at the rate provided for Level V of the 

11 Executive Schedule under section 5316 of title 5, 

12 United States Code. 

13 (c) DUTIES.— 

14 (1) IN GENERAL.—The Secretary shall carry 

15 out through the Bureau all functions, powers, and 

16 duties vested in the Secretary relating to the admin17 istration of safety and environmental enforcement 

18 activities related to offshore nonrenewable and re19 newable energy and mineral resources— 

20 (A) on the Outer Continental Shelf pursu21 ant to the Outer Continental Shelf Lands Act 

22 (43 U.S.C. 1331 et seq.); and 

23 (B) pursuant to— 


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1 (i) the Federal Oil and Gas Royalty 

2 Management Act of 1982 (30 U.S.C. 1701 

3 et seq.); 

4 (ii) the Energy Policy Act of 2005 

5 (Public Law 109–58); 

6 (iii) the Federal Oil and Gas Royalty 

7 Simplification and Fairness Act of 1996 

8 (Public Law 104–185); 

9 (iv) the Forest and Rangeland Renew10 able Resources Planning Act of 1974 (16 

11 U.S.C. 1600 et seq.); 

12 (v) the Federal Land Policy and Man13 agement Act of 1976 (43 U.S.C. 1701 et 

14 seq.); 

15 (vi) this Act; and 

16 (vii) all other applicable Federal laws, 

17 including the authority to develop, promulgate, 

18 and enforce regulations to ensure the safe and 

19 environmentally sound exploration, develop20 ment, and production of nonrenewable and re21 newable energy and mineral resources on the 

22 Outer Continental Shelf. 

23 (d) AUTHORITIES.—In carrying out the duties under 

24 this section, the Secretary’s authorities shall include— 


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1 (1) performing necessary oversight activities to 

2 ensure the proper application of environmental re3 views, including those conducted pursuant to the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) by the Bureau of Ocean En6 ergy Management in the performance of its duties 

7 under the Outer Continental Shelf Lands Act (43 

8 U.S.C. 1331 et seq.); 

9 (2) suspending or prohibiting, on a temporary 

10 basis, any operation or activity, including production 

11 on leases held on the Outer Continental Shelf, in ac12 cordance with section 5(a)(1) of the Outer Conti13 nental Shelf Lands Act (43 U.S.C. 1334(a)(1)); 

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

15 on the Outer Continental Shelf, in accordance with 

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

17 Act (43 U.S.C. 1334(a)(2)); 

18 (4) compelling compliance with applicable work19 er safety and environmental laws and regulations; 

20 (5) requiring comprehensive safety and environ21 mental management programs for persons engaged 

22 in activities connected with the exploration, develop23 ment, and production of energy or mineral re24 sources; 


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1 (6) developing and implementing regulations for 

2 Federal employees to carry out any inspection or in3 vestigation to ascertain compliance with applicable 

4 regulations, including health, safety, or environ5 mental regulations; 

6 (7) collecting, evaluating, assembling, analyzing, 

7 and publicly disseminating electronically data and 

8 information that is relevant to inspections, failures, 

9 or accidents involving equipment and systems used 

10 for exploration and production of energy and min11 eral resources, including human factors associated 

12 therewith; 

13 (8) implementing the Offshore Technology Re14 search and Risk Assessment Program under section 

15 21 of the Outer Continental Shelf Lands Act (43 

16 U.S.C. 1347); 

17 (9) summoning witnesses and directing the pro18 duction of evidence; 

19 (10) levying fines and penalties and disquali20 fying operators; and 

21 (11) carrying out any safety, response, and re22 moval preparedness functions. 

23 (e) EMPLOYEES.— 

24 (1) IN GENERAL.—The Secretary shall ensure 

25 that the inspection force of the Bureau consists of 


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1 qualified, trained employees who meet qualification 

2 requirements and adhere to the highest professional 

3 and ethical standards. 

4 (2) QUALIFICATIONS.—The qualification re5 quirements referred to in paragraph (1)— 

6 (A) shall be determined by the Secretary, 

7 subject to subparagraph (B); and 

8 (B) shall include— 

9 (i) three years of practical experience 

10 in oil and gas exploration, development, or 

11 production; or 

12 (ii) a degree in an appropriate field of 

13 engineering from an accredited institution 

14 of higher learning. 

15 (3) ASSIGNMENT.—In assigning oil and gas in16 spectors to the inspection and investigation of indi17 vidual operations, the Secretary shall give due con18 sideration to the extent possible to their previous ex19 perience in the particular type of oil and gas oper20 ation in which such inspections are to be made. 

21 (4) TRAINING ACADEMY.— 

22 (A) IN GENERAL.—The Secretary shall es23 tablish and maintain a National Oil and Gas 

24 Health and Safety Academy (referred to in this 


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1 paragraph as the ‘‘Academy’’) as an agency of 

2 the Department of the Interior. 

3 (B) FUNCTIONS OF ACADEMY.—The Sec4 retary, through the Academy, shall be respon5 sible for— 

6 (i) the initial and continued training 

7 of both newly hired and experienced oil 

8 and gas inspectors in all aspects of health, 

9 safety, environmental, and operational in10 spections; 

11 (ii) the training of technical support 

12 personnel of the Bureau; 

13 (iii) any other training programs for 

14 oil and gas inspectors, Bureau personnel, 

15 Department personnel, or other persons as 

16 the Secretary shall designate; and 

17 (iv) certification of the successful 

18 completion of training programs for newly 

19 hired and experienced oil and gas inspec20 tors. 

21 (C) COOPERATIVE AGREEMENTS.— 

22 (i) IN GENERAL.—In performing func23 tions under this paragraph, and subject to 

24 clause (ii), the Secretary may enter into 

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1 ments with educational institutions, related 

2 Federal academies, other Federal agencies, 

3 State governments, labor organizations, 

4 safety training firms, and oil and gas oper5 ators and related industries. 

6 (ii) TRAINING REQUIREMENT.—Such 

7 training shall be conducted by the Acad8 emy in accordance with curriculum needs 

9 and assignment of instructional personnel 

10 established by the Secretary. 

11 (D) USE OF DEPARTMENTAL PER12 SONNEL.—In performing functions under this 

13 subsection, the Secretary shall use, to the ex14 tent practicable, the facilities and personnel of 

15 the Department of the Interior. The Secretary 

16 may appoint or assign to the Academy such of17 ficers and employees as the Secretary considers 

18 necessary for the performance of the duties and 

19 functions of the Academy. 

20 (5) ADDITIONAL TRAINING PROGRAMS.— 

21 (A) IN GENERAL.—The Secretary shall 

22 work with appropriate educational institutions, 

23 operators, and representatives of oil and gas 

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1 grams with educational institutions and oil and 

2 gas operators, that are designed— 

3 (i) to enable persons to qualify for po4 sitions in the administration of this Act; 

5 and 

6 (ii) to provide for the continuing edu7 cation of inspectors or other appropriate 

8 Departmental personnel. 

9 (B) FINANCIAL AND TECHNICAL ASSIST10 ANCE.—The Secretary may provide financial 

11 and technical assistance to educational institu12 tions in carrying out this paragraph. 

13 (6) ROLE OF OIL OR GAS OPERATORS AND RE14 LATED INDUSTRIES.—The Secretary shall ensure 

15 that any cooperative agreement or other collabora16 tion with a representative of an oil or gas operator 

17 or related industry in relation to a training program 

18 established under paragraph (4) or paragraph (5) is 

19 limited to consultation regarding curricula and does 

20 not extend to the provision of instructional per21 sonnel. 

22 SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE. 

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

24 Department an Office of Natural Resources Revenue (re25 ferred to in this section as the ‘‘Office’’) to be headed by 


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1 a Director of Natural Resources Revenue (referred to in 

2 this section as the ‘‘Director’’). 

3 (b) APPOINTMENT AND COMPENSATION.— 

4 (1) IN GENERAL.—The Director shall be ap5 pointed by the President, by and with the advice and 

6 consent of the Senate, on the basis of— 

7 (A) professional competence; and 

8 (B) capacity to— 

9 (i) administer the provisions of this 

10 Act; and 

11 (ii) ensure that the fiduciary duties of 

12 the United States Government on behalf of 

13 the American people, as they relate to de14 velopment of nonrenewable and renewable 

15 energy and mineral resources, are duly 

16 met. 

17 (2) COMPENSATION.—The Director shall be 

18 compensated at the rate provided for Level V of the 

19 Executive Schedule under section 5316 of title 5, 

20 United States Code. 

21 (c) DUTIES.— 

22 (1) IN GENERAL.—The Secretary shall carry 

23 out, through the Office— 

24 (A) all functions, powers, and duties vested 

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1 tion of offshore royalty and revenue manage2 ment functions pursuant to— 

3 (i) the Outer Continental Shelf Lands 

4 Act (43 U.S.C. 1331 et seq.); and 

5 (ii) this Act and all other applicable 

6 Federal laws; and 

7 (B) all functions, powers, and duties pre8 viously assigned to the Minerals Management 

9 Service (including the authority to develop, pro10 mulgate, and enforce regulations) regarding off11 shore— 

12 (i) royalty and revenue collection; 

13 (ii) royalty and revenue distribution; 

14 (iii) auditing and compliance; 

15 (iv) investigation and enforcement of 

16 royalty and revenue regulations; and 

17 (v) asset management for onshore and 

18 offshore activities. 

19 (d) OVERSIGHT.—In order to provide transparency 

20 and ensure strong oversight over the revenue program, the 

21 Secretary shall create within the Office an independent 

22 audit and oversight program responsible for monitoring 

23 the performance of the Office with respect to the duties 

24 and functions under subsection (c), and conducting inter25 nal control audits of the operations of the Office. 


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1 SEC. 104. ETHICS. 

2 (a) CERTIFICATION.—The Secretary shall certify an3 nually that all Department of the Interior officers and em4 ployees having regular, direct contact with lessees and op5 erators as a function of their official duties are in full com6 pliance with all Federal employee ethics laws and regula7 tions under the Ethics in Government Act of 1978 (5 

8 U.S.C. App.) and part 2635 of title 5, Code of Federal 

9 Regulations, and all guidance issued under subsection (b). 

10 (b) GUIDANCE.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary shall issue 

12 supplementary ethics guidance for the employees for which 

13 certification is required under subsection (a). The Sec14 retary shall update the supplementary ethics guidance not 

15 less than once every 3 years thereafter. 

16 SEC. 105. REFERENCES. 

17 (a) BUREAU OF OCEAN ENERGY MANAGEMENT, 

18 REGULATION AND ENFORCEMENT.—Any reference in any 

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

20 other official document, in force immediately before the 

21 enactment of this Act— 

22 (1) to the Minerals Management Service that 

23 pertains to any of the duties and authorities referred 

24 to in section 101 is deemed to refer and apply to the 

25 Bureau of Ocean Energy Management established 

26 by section 101; 


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1 (2) to the Director of the Minerals Management 

2 Service that pertains to any of the duties and au3 thorities referred to in section 101 is deemed to 

4 refer and apply to the Director of the Bureau of 

5 Ocean Energy Management; and 

6 (3) to any other position in the Minerals Man7 agement Service that pertains to any of the duties 

8 and authorities referred to in section 101 is deemed 

9 to refer and apply to that same or equivalent posi10 tion in the Bureau of Ocean Energy Management. 

11 (b) BUREAU OF SAFETY AND ENVIRONMENTAL EN12 FORCEMENT.—Any reference in any law, rule, regulation, 

13 directive, instruction, certificate, or other official docu14 ment in force immediately before the enactment of this 

15 Act— 

16 (1) to the Minerals Management Service that 

17 pertains to any of the duties and authorities referred 

18 to in section 102 is deemed to refer and apply to the 

19 Bureau of Safety and Environmental Enforcement 

20 established by section 102; 

21 (2) to the Director of the Minerals Management 

22 Service that pertains to any of the duties and au23 thorities referred to in section 102 is deemed to 

24 refer and apply to the Director of the Bureau of 

25 Safety and Environmental Enforcement; and 


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1 (3) to any other position in the Minerals Man2 agement Service that pertains to any of the duties 

3 and authorities referred to in section 102 is deemed 

4 to refer and apply to that same or equivalent posi5 tion in the Bureau of Safety and Environmental En6 forcement. 

7 (c) OFFICE OF NATURAL RESOURCES REVENUE.— 

8 Any reference in any law, rule, regulation, directive, or in9 struction, or certificate or other official document, in force 

10 immediately prior to enactment— 

11 (1) to the Minerals Management Service that 

12 pertains to any of the duties and authorities referred 

13 to in section 103 is deemed to refer and apply to the 

14 Office of Natural Resources Revenue established by 

15 section 103; 

16 (2) to the Director of the Minerals Management 

17 Service that pertains to any of the duties and au18 thorities referred to in section 103 is deemed to 

19 refer and apply to the Director of Natural Resources 

20 Revenue; and 

21 (3) to any other position in the Minerals Man22 agement Service that pertains to any of the duties 

23 and authorities referred to in section 103 is deemed 

24 to refer and apply to that same or equivalent posi25 tion in the Office of Natural Resources Revenue. 


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1 SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT 

2 SERVICE. 

3 (a) ABOLISHMENT.—The Minerals Management 

4 Service (in this section referred to as the ‘‘Service’’) is 

5 abolished. 

6 (b) COMPLETED ADMINISTRATIVE ACTIONS.— 

7 (1) IN GENERAL.—Completed administrative 

8 actions of the Service shall not be affected by the 

9 enactment of this Act, but shall continue in effect 

10 according to their terms until amended, modified, 

11 superseded, terminated, set aside, or revoked in ac12 cordance with law by an officer of the United States 

13 or a court of competent jurisdiction, or by operation 

14 of law. 

15 (2) COMPLETED ADMINISTRATIVE ACTION DE16 FINED.—For purposes of paragraph (1), the term 

17 ‘‘completed administrative action’’ includes orders, 

18 determinations, rules, regulations, personnel actions, 

19 permits, agreements, grants, contracts, certificates, 

20 licenses, registrations, and privileges. 

21 (c) PENDING PROCEEDINGS.—Subject to the author22 ity of the Secretary of the Interior and the officers of the 

23 Department of the Interior under this Act— 

24 (1) pending proceedings in the Service, includ25 ing notices of proposed rulemaking, and applications 

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1 cial assistance, shall continue, notwithstanding the 

2 enactment of this Act or the vesting of functions of 

3 the Service in another agency, unless discontinued or 

4 modified under the same terms and conditions and 

5 to the same extent that such discontinuance or 

6 modification could have occurred if this Act had not 

7 been enacted; and 

8 (2) orders issued in such proceedings, and ap9 peals therefrom, and payments made pursuant to 

10 such orders, shall issue in the same manner and on 

11 the same terms as if this Act had not been enacted, 

12 and any such orders shall continue in effect until 

13 amended, modified, superseded, terminated, set 

14 aside, or revoked by an officer of the United States 

15 or a court of competent jurisdiction, or by operation 

16 of law. 

17 (d) PENDING CIVIL ACTIONS.—Subject to the au18 thority of the Secretary of the Interior or any officer of 

19 the Department of the Interior under this Act, pending 

20 civil actions shall continue notwithstanding the enactment 

21 of this Act, and in such civil actions, proceedings shall be 

22 had, appeals taken, and judgments rendered and enforced 

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

24 enactment had not occurred. 


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1 (e) REFERENCES.—References relating to the Service 

2 in statutes, Executive orders, rules, regulations, directives, 

3 or delegations of authority that precede the effective date 

4 of this Act are deemed to refer, as appropriate, to the De5 partment, to its officers, employees, or agents, or to its 

6 corresponding organizational units or functions. Statutory 

7 reporting requirements that applied in relation to the 

8 Service immediately before the effective date of this Act 

9 shall continue to apply. 

10 SEC. 107. CONFORMING AMENDMENT. 

11 Section 5316 of title 5, United States Code, is 

12 amended by striking ‘‘Director, Bureau of Mines, Depart13 ment of the Interior.’’ and inserting the following new 

14 items: 

15 ‘‘Director, Bureau of Ocean Energy Manage16 ment, Department of the Interior. 

17 ‘‘Director, Bureau of Safety and Environmental 

18 Enforcement, Department of the Interior. 

19 ‘‘Director, Office of Natural Resources Rev20 enue, Department of the Interior.’’. 

21 SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVI22 RONMENTAL ADVISORY BOARD. 

23 (a) ESTABLISHMENT.—The Secretary shall establish, 

24 under the Federal Advisory Committee Act, an Outer Con25 tinental Shelf Safety and Environmental Advisory Board 


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1 (referred to in this section as the ‘‘Board’’), to provide 

2 the Secretary and the Directors of the bureaus established 

3 by this title with independent scientific and technical ad4 vice on safe and environmentally compliant nonrenewable 

5 and renewable energy and mineral resource exploration, 

6 development, and production activities. 

7 (b) MEMBERSHIP.— 

8 (1) SIZE.—The Board shall consist of not more 

9 than 12 members, chosen to reflect a range of exper10 tise in scientific, engineering, management, environ11 mental, and other disciplines related to safe and en12 vironmentally compliant renewable and nonrenewable 

13 energy and mineral resource exploration, develop14 ment, and production activities. The Secretary shall 

15 consult with the National Academy of Sciences and 

16 the National Academy of Engineering to identify po17 tential candidates for the Board. 

18 (2) TERM.—The Secretary shall appoint Board 

19 members to staggered terms of not more than 4 

20 years, and shall not appoint a member for more 

21 than 2 consecutive terms. 

22 (3) BALANCE.—In appointing members to the 

23 Board, the Secretary shall ensure a balanced rep24 resentation of industry- and nonindustry-related in25 terests. 


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

2 for the Board. 

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

4 3 times per year and, at least once per year, shall host 

5 a public forum to review and assess the overall safety and 

6 environmental performance of Outer Continental Shelf 

7 nonrenewable and renewable energy and mineral resource 

8 activities. 

9 (e) OFFSHORE DRILLING SAFETY ASSESSMENTS

10 AND RECOMMENDATIONS.—As part of its duties under 

11 this section, the Board shall, by not later than 180 days 

12 after the date of enactment of this section and every 5 

13 years thereafter, submit to the Secretary a report that— 

14 (1) assesses offshore oil and gas well control 

15 technologies, practices, voluntary standards, and 

16 regulations in the United States and elsewhere; 

17 (2) assesses offshore oil and gas well control 

18 technologies, practices, voluntary standards, regula19 tions, and technologies and practices used to esti20 mate the flow rate of hydrocarbons in the United 

21 States and elsewhere; and 

22 (3) as appropriate, recommends modifications 

23 to the regulations issued under this Act to ensure 

24 adequate protection of safety and the environment. 


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1 (f) REPORTS.—Reports of the Board shall be sub2 mitted to the Congress and made available to the public 

3 in electronically accessible form. 

4 (g) TRAVEL EXPENSES.—Members of the Board, 

5 other than full-time employees of the Federal Government, 

6 while attending meeting of the Board or while otherwise 

7 serving at the request of the Secretary or the Director 

8 while serving away from their homes or regular places of 

9 business, may be allowed travel expenses, including per 

10 diem in lieu of subsistence, as authorized by section 5703 

11 of title 5, United States Code, for individuals in the Gov12 ernment serving without pay. 

13 SEC. 109. LIMITATION ON EFFECT ON DEVELOPMENT OF 

14 OCEAN RENEWABLE ENERGY RESOURCE FA15 CILITIES. 

16 Nothing in this title shall delay development of ocean 

17 renewable energy resource facilities including— 

18 (1) promotion of offshore wind development; 

19 (2) planning, leasing, licensing, and fee and 

20 royalty collection for such development of ocean re21 newable energy resource facilities; and 

22 (3) developing and administering an efficient 

23 leasing and licensing process for ocean renewable en24 ergy resource facilities. 


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1 SEC. 110. ANNUAL REPORT ON OFFSHORE ENERGY DEVEL2 OPMENT ACTIVITIES. 

3 The Secretary shall annually report to Congress on 

4 offshore energy development activities. Each report shall 

5 detail— 

6 (1) the Department’s progress in improving its 

7 safety regulations and strengthening environmental 

8 review; and 

9 (2) steps taken by industry to address safety 

10 and environmental concerns related to offshore drill11 ing. 

12 TITLE II—FEDERAL OIL AND GAS 

13 DEVELOPMENT 

14 SEC. 201. SHORT TITLE. 

15 This title may be cited as the ‘‘Outer Continental 

16 Shelf Lands Act Amendments of 2011’’. 

17 SEC. 202. DEFINITIONS. 

18 Section 2 of the Outer Continental Shelf Lands Act 

19 (43 U.S.C. 1331) is amended by adding at the end the 

20 following: 

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

22 that provides a basis for determining whether a system 

23 is adequately safe for a given application in a given oper24 ating environment.’’. 


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1 SEC. 203. NATIONAL POLICY FOR THE OUTER CONTI2 NENTAL SHELF. 

3 Section 3 of the Outer Continental Shelf Lands Act 

4 (43 U.S.C. 1332) is amended— 

5 (1) by striking paragraph (3) and inserting the 

6 following: 

7 ‘‘(3) the outer Continental Shelf is a vital na8 tional resource reserve held by the Federal Govern9 ment for the public, that should be managed in a 

10 manner that— 

11 ‘‘(A) recognizes the need of the United 

12 States for domestic sources of energy, food, 

13 minerals, and other resources; 

14 ‘‘(B) minimizes the potential impacts of 

15 development of those resources on the marine 

16 and coastal environment and on safety; and 

17 ‘‘(C) acknowledges the long-term economic 

18 value to the United States of the balanced and 

19 orderly management of those resources that 

20 safeguards the environment and respects the 

21 multiple values and uses of the outer Conti22 nental Shelf;’’; 

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

24 the end and inserting a semicolon; 


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

2 and inserting ‘‘shall be’’, and striking ‘‘; and’’ and 

3 inserting a semicolon; 

4 (4) by redesignating paragraph (6) as para5 graph (7); 

6 (5) by inserting after paragraph (5) the fol7 lowing: 

8 ‘‘(6) exploration, development, and production 

9 of energy and minerals on the outer Continental 

10 Shelf should be allowed only when those activities 

11 can be accomplished in a manner that minimizes— 

12 ‘‘(A) harmful impacts to life (including fish 

13 and other aquatic life) and health; 

14 ‘‘(B) damage to the marine, coastal, and 

15 human environments and to property; and 

16 ‘‘(C) harm to other users of the waters, 

17 seabed, or subsoil; and’’; and 

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

19 (A) striking ‘‘should be’’ and inserting 

20 ‘‘shall be’’; 

21 (B) inserting ‘‘best available’’ after 

22 ‘‘using’’; and 

23 (C) striking ‘‘or minimize’’. 


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1 SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTI2 NENTAL SHELF. 

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

4 Act (43 U.S.C. 1333(a)(1)) is amended by— 

5 (1) inserting ‘‘or producing or supporting pro6 duction of energy from sources other than oil and 

7 gas’’ after ‘‘therefrom’’; 

8 (2) inserting ‘‘or transmitting such energy’’ 

9 after ‘‘transporting such resources’’; and 

10 (3) inserting ‘‘and other energy’’ after ‘‘That 

11 mineral’’. 

12 SEC. 205. OUTER CONTINENTAL SHELF LEASING STAND13 ARD. 

14 (a) IN GENERAL.—Section 5 of the Outer Conti15 nental Shelf Lands Act (43 U.S.C. 1334) is amended— 

16 (1) in subsection (a), by striking ‘‘The Sec17 retary may at any time’’ and inserting ‘‘The Sec18 retary shall’’; 

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

20 adding after ‘‘provide for’’ the following: ‘‘oper21 ational safety, the protection of the marine and 

22 coastal environment, and’’; 

23 (3) in subsection (a), by inserting ‘‘and the Sec24 retary of Commerce with respect to matters that 

25 may affect the marine and coastal environment’’ 

26 after ‘‘which may affect competition’’; 


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1 (4) in clause (ii) of subsection (a)(2)(A), by 

2 striking ‘‘a reasonable period of time’’ and inserting 

3 ‘‘30 days’’; 

4 (5) in subsection (a)(7), by inserting ‘‘in a 

5 manner that minimizes harmful impacts to the ma6 rine and coastal environment’’ after ‘‘lease area’’; 

7 (6) in subsection (a), by striking ‘‘and’’ after 

8 the semicolon at the end of paragraph (7), redesig9 nating paragraph (8) as paragraph (13), and insert10 ing after paragraph (7) the following: 

11 ‘‘(8) for independent third-party certification 

12 requirements of safety systems related to well con13 trol, such as blowout preventers; 

14 ‘‘(9) for performance requirements for blowout 

15 preventers, including quantitative risk assessment 

16 standards, subsea testing, and secondary activation 

17 methods; 

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

19 requirements of well casing and cementing programs 

20 and procedures; 

21 ‘‘(11) for the establishment of mandatory safety 

22 and environmental management systems by opera23 tors on the outer Continental Shelf; 


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1 ‘‘(12) for procedures and technologies to be 

2 used during drilling operations to minimize the risk 

3 of ignition and explosion of hydrocarbons;’’; 

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

5 the end of paragraph (13), as so redesignated, and 

6 inserting ‘‘; and’’, and by adding at the end the fol7 lowing: 

8 ‘‘(14) ensuring compliance with other applicable 

9 environmental and natural resource conservation 

10 laws, including the response plan requirements of 

11 section 311(j) of the Federal Water Pollution Con12 trol Act (33 U.S.C. 1321(j)).’’; and 

13 (8) by adding at the end the following new sub14 sections: 

15 ‘‘(k) DOCUMENTS INCORPORATED BY REFERENCE.— 

16 Any documents incorporated by reference in regulations 

17 promulgated by the Secretary pursuant to this Act shall 

18 be made available to the public, free of charge, on a 

19 website maintained by the Secretary. 

20 ‘‘(l) REGULATORY STANDARDS FOR BLOWOUT PRE21 VENTERS, WELL DESIGN, AND CEMENTING.— 

22 ‘‘(1) IN GENERAL.—In promulgating regula23 tions under this Act related to blowout preventers, 

24 well design, and cementing, the Secretary shall en25 sure that such regulations include the minimum 


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

2 unless, after notice and an opportunity for public 

3 comment, the Secretary determines that a standard 

4 required under this subsection would be less effective 

5 in ensuring safe operations than an available alter6 native technology or practice. Such regulations shall 

7 require independent third-party certification, pursu8 ant to paragraph (5), of blowout preventers, well de9 sign, and cementing programs and procedures prior 

10 to the commencement of drilling operations. Such 

11 regulations shall also require recertification by an 

12 independent third-party certifier, pursuant to para13 graph (5), of a blowout preventer upon any material 

14 modification to the blowout preventer or well design 

15 and of a well design upon any material modification 

16 to the well design. 

17 ‘‘(2) BLOWOUT PREVENTERS.—Subject to para18 graph (1), regulations issued under this Act for 

19 blowout preventers shall include at a minimum the 

20 following requirements: 

21 ‘‘(A) Two sets of blind shear rams appro22 priately spaced to prevent blowout preventer 

23 failure if a drill pipe joint or drill tool is across 

24 one set of blind shear rams during a situation 

25 that threatens loss of well control. 


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1 ‘‘(B) Redundant emergency backup control 

2 systems capable of activating the relevant com3 ponents of a blowout preventer, including when 

4 the communications link or other critical links 

5 between the drilling rig and the blowout pre6 venter are destroyed or inoperable. 

7 ‘‘(C) Regular testing of the emergency 

8 backup control systems, including testing dur9 ing deployment of the blowout preventer. 

10 ‘‘(D) As appropriate, remotely operated ve11 hicle intervention capabilities for secondary con12 trol of all subsea blowout preventer functions, 

13 including adequate hydraulic capacity to acti14 vate blind shear rams, casing shear rams, and 

15 other critical blowout preventer components. 

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

17 regulations issued under this Act for well design 

18 standards shall include at a minimum the following 

19 requirements: 

20 ‘‘(A) In connection with the installation of 

21 the final casing string, the installation of at 

22 least two independent, tested mechanical bar23 riers, in addition to a cement barrier, across 

24 each flow path between hydrocarbon bearing 

25 formations and the blowout preventer. 


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1 ‘‘(B) That wells shall be designed so that 

2 a failure of one barrier does not significantly in3 crease the likelihood of another barrier’s failure. 

4 ‘‘(C) That the casing design is appropriate 

5 for the purpose for which it is intended under 

6 reasonably expected wellbore conditions. 

7 ‘‘(D) The installation and verification with 

8 a pressure test of a lockdown device at the time 

9 the casing is installed in the wellhead. 

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

11 regulations issued under this Act for cementing 

12 standards shall include at a minimum the following 

13 requirements: 

14 ‘‘(A) Adequate centralization of the casing 

15 to ensure proper distribution of cement. 

16 ‘‘(B) A full circulation of drilling fluids 

17 prior to cementing. 

18 ‘‘(C) The use of an adequate volume of ce19 ment to prevent any unintended flow of hydro20 carbons between any hydrocarbon-bearing for21 mation zone and the wellhead. 

22 ‘‘(D) Cement bond logs for all cementing 

23 jobs intended to provide a barrier to hydro24 carbon flow. 


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1 ‘‘(E) Cement bond logs or such other in2 tegrity tests as the Secretary may prescribe for 

3 cement jobs other than those identified in sub4 paragraph (D). 

5 ‘‘(5) INDEPENDENT THIRD-PARTY CERTIFI6 CATION.—The Secretary shall issue regulations that 

7 establish appropriate standards for the approval of 

8 independent third-party certifiers capable of exer9 cising certification functions for blowout preventers, 

10 well design, and cementing. For any certification re11 quired for regulations related to blowout preventers, 

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

13 qualified independent third-party certifier chosen by 

14 the Secretary. The costs of any certification shall be 

15 borne by the operator. The regulations issued under 

16 this subsection shall require the following: 

17 ‘‘(A) Prior to the commencement of drill18 ing through a blowout preventer at any covered 

19 well, the operator shall obtain a written and 

20 signed certification from an independent third 

21 party approved and assigned by the appropriate 

22 Federal official pursuant to subsection (a) that 

23 the third party— 

24 ‘‘(i) conducted or oversaw a detailed 

25 physical inspection, design review, system 


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1 integration test, and function and pressure 

2 testing of the blowout preventer; and 

3 ‘‘(ii) in the third-party certifier’s best 

4 professional judgment, determined that— 

5 ‘‘(I) the blowout preventer is de6 signed for the specific drilling condi7 tions, equipment, and location where 

8 it will be installed and for the specific 

9 well design; 

10 ‘‘(II) the blowout preventer and 

11 all of its components and control sys12 tems will operate effectively and as 

13 designed when installed; 

14 ‘‘(III) each blind shear ram or 

15 casing shear ram will function effec16 tively under likely emergency sce17 narios and is capable of shearing the 

18 drill pipe or casing, as applicable, that 

19 will be used when installed; 

20 ‘‘(IV) emergency control systems 

21 will function under the conditions in 

22 which they will be installed; and 

23 ‘‘(V) the blowout preventer has 

24 not been compromised or damaged 

25 from any previous service. 


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1 ‘‘(B) Not less than once every 180 days 

2 after commencement of drilling through a blow3 out preventer at any covered well, or upon im4 plementation of any material modification to 

5 the blowout preventer or well design at such a 

6 well, the operator shall obtain a written and 

7 signed recertification from an independent third 

8 party approved and assigned by the appropriate 

9 Federal official pursuant to subsection (a) that 

10 the requirements in clause (ii) of subparagraph 

11 (A) continue to be met with the systems as de12 ployed. Such recertification determinations shall 

13 consider the results of tests required by the ap14 propriate Federal official, including testing of 

15 the emergency control systems of a blowout pre16 venter. 

17 ‘‘(C) Certifications under subparagraph 

18 (A), recertifications under subparagraph (A), 

19 and results of and data from all tests conducted 

20 pursuant to this subsection shall be promptly 

21 submitted to the appropriate Federal official 

22 and made publicly available. 

23 ‘‘(6) APPLICATION TO INSHORE WATERS; STATE

24 IMPLEMENTATION.— 


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1 ‘‘(A) IN GENERAL.—Requirements estab2 lished under this subsection shall apply, as pro3 vided in subparagraph (B), to offshore drilling 

4 operations that take place on lands that are 

5 landward of the outer Continental Shelf and 

6 seaward of the line of mean high tide, and that 

7 the Secretary determines, based on criteria es8 tablished by rule, could, in the event of a blow9 out, lead to extensive and widespread harm to 

10 safety or the environment. 

11 ‘‘(B) SUBMISSION OF STATE REGULATORY

12 REGIME.—Any State may submit to the Sec13 retary a plan demonstrating that the State’s 

14 regulatory regime for wells identified in sub15 paragraph (A) establishes requirements for 

16 such wells that are comparable to, or alter17 native requirements providing an equal or 

18 greater level of safety than, those established 

19 under this section for wells on the outer Conti20 nental Shelf. The Secretary shall promptly de21 termine, after notice and an opportunity for 

22 public comment, whether a State’s regulatory 

23 regime meets the standard set forth in the pre24 ceding sentence. If the Secretary determines 

25 that a State’s regulatory regime does not meet 


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1 such standard, the Secretary shall identify the 

2 deficiencies that are the basis for such deter3 mination and provide a reasonable period of 

4 time for the State to remedy the deficiencies. If 

5 the State does not do so within such reasonable 

6 period of time, the Secretary shall apply the re7 quirements established under this section to off8 shore drilling operations described in subpara9 graph (A) that are located in such State, until 

10 such time as the Secretary determines that the 

11 deficiencies have been remedied. 

12 ‘‘(m) RULEMAKING DOCKETS.— 

13 ‘‘(1) ESTABLISHMENT.—Not later than the 

14 date of proposal of any regulation under this Act, 

15 the Secretary shall establish a publicly available 

16 rulemaking docket for such regulation. 

17 ‘‘(2) DOCUMENTS TO BE INCLUDED.—The Sec18 retary shall include in the docket— 

19 ‘‘(A) all written comments and documen20 tary information on the proposed rule received 

21 from any person in the comment period for the 

22 rulemaking, promptly upon receipt by the Sec23 retary; 

24 ‘‘(B) the transcript of each public hearing, 

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1 ceipt from the person who transcribed such 

2 hearing; and 

3 ‘‘(C) all documents that become available 

4 after the proposed rule is published and that 

5 the Secretary determines are of central rel6 evance to the rulemaking, by as soon as pos7 sible after their availability. 

8 ‘‘(3) PROPOSED AND DRAFT FINAL RULE AND

9 ASSOCIATED MATERIAL.—The Secretary shall in10 clude in the docket— 

11 ‘‘(A) each draft proposed rule submitted by 

12 the Secretary to the Office of Management and 

13 Budget for any interagency review process prior 

14 to proposal of such rule, all documents accom15 panying such draft, all written comments there16 on by other agencies, and all written responses 

17 to such written comments by the Secretary, by 

18 no later than the date of proposal of the rule; 

19 and 

20 ‘‘(B) each draft final rule submitted by the 

21 Secretary for such review process before 

22 issuance of the final rule, all such written com23 ments thereon, all documents accompanying 

24 such draft, and all written responses thereto, by 


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1 no later than the date of issuance of the final 

2 rule.’’. 

3 (b) CONFORMING AMENDMENT.—Subsection (g) of 

4 section 25 of the Outer Continental Shelf Lands Act (43 

5 U.S.C. 1351), as redesignated by section 215(4) of this 

6 Act, is further amended by striking ‘‘paragraph (8) of sec7 tion 5(a) of this Act’’ each place it appears and inserting 

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

9 SEC. 206. CHEMICAL SAFETY BOARD INVESTIGATION. 

10 Section 112(r)(6) of the Clean Air Act (42 U.S.C. 

11 7412(r)(6)) is amended by adding at the end the following: 

12 ‘‘(T) AGREEMENT.—Not later than 30 

13 days after the date of enactment of this sub14 paragraph, the Chemical Safety and Hazard In15 vestigation Board, the Coast Guard, and the 

16 Department of the Interior shall enter into an 

17 agreement in order to facilitate the Board’s in18 vestigation of the facts, circumstances, and 

19 causes of an accidental fire, explosion, or re20 lease involving an offshore oil or gas exploration 

21 or production facility (regardless of whether 

22 there is a resulting marine oil spill). Such 

23 agreement shall provide the Board with the fol24 lowing: 


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1 ‘‘(i) Unrestricted access to any per2 sonnel, records, witness statements, re3 corded witness interviews, and physical or 

4 documentary evidence related to an off5 shore oil or gas exploration or production 

6 facility under investigation collected or pos7 sessed by the Coast Guard or the Depart8 ment of the Interior. 

9 ‘‘(ii) The ability to conduct recorded 

10 interviews of all agency personnel and con11 tractors and the right to obtain records re12 lated to Federal regulatory, inspection, en13 forcement, and safety programs for off14 shore oil or gas exploration and produc15 tion. 

16 ‘‘(iii) The right to participate equally 

17 in planning and executing any testing of 

18 relevant items of physical evidence related 

19 to the cause of the accident. 

20 ‘‘(iv) Such support and facilities as 

21 may be necessary for the Board’s inves22 tigation, including transportation to the 

23 accident site, coastal waters and affected 

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1 ration and production facilities without 

2 cost to the Board. 

3 ‘‘(U) RECOMMENDATIONS.—Based on an 

4 investigation of an accidental fire, explosion, or 

5 release involving an offshore oil or gas explo6 ration or production facility, the Board shall 

7 make recommendations with respect to pre8 venting subsequent accidental fires, explosions, 

9 or releases to the Secretary of the Interior and 

10 the Commandant of the Coast Guard. The Sec11 retary of the Interior and the Commandant of 

12 the Coast Guard shall respond formally and in 

13 writing to any recommendation of the Board 

14 within 90 days of the receipt of such rec15 ommendation.’’. 

16 SEC. 207. LEASES, EASEMENTS, AND RIGHTS-OF-WAY. 

17 (a) FINANCIAL ASSURANCE AND FISCAL RESPONSI18 BILITY.—Section 8 of the Outer Continental Shelf Lands 

19 Act (43 U.S.C. 1337) is amended by adding at the end 

20 the following: 

21 ‘‘(q) REVIEW OF BOND AND SURETY AMOUNTS.— 

22 Not later than May 1, 2011, and every 5 years thereafter, 

23 the Secretary shall review the minimum financial responsi24 bility requirements for leases issued under this section and 

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1 quate to comply with the requirements of this Act or the 

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

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

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this subsection and every 

6 3 years thereafter, the Secretary shall carry out a 

7 review and prepare a report setting forth— 

8 ‘‘(A)(i) the royalty and rental rates in9 cluded in new offshore oil and gas leases; and 

10 ‘‘(ii) the rationale for the rates; 

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

12 the royalty and rental rates described in sub13 paragraph (A) will yield a fair return to the 

14 public while promoting the production of oil and 

15 gas resources in a timely manner; 

16 ‘‘(C)(i) the minimum bond or surety 

17 amounts required pursuant to offshore oil and 

18 gas leases; and 

19 ‘‘(ii) the rationale for the minimum 

20 amounts; 

21 ‘‘(D) whether the bond or surety amounts 

22 described in subparagraph (C) are adequate to 

23 comply with subsection (q); and 


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1 ‘‘(E) whether the Secretary intends to 

2 modify the royalty or rental rates, or bond or 

3 surety amounts, based on the review. 

4 ‘‘(2) PUBLIC PARTICIPATION.—In carrying out 

5 a review and preparing a report under paragraph 

6 (1), the Secretary shall provide to the public an op7 portunity to participate. 

8 ‘‘(3) REPORT DEADLINE.—Not later than 30 

9 days after the date on which the Secretary completes 

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

11 transmit copies of the report to— 

12 ‘‘(A) the Committee on Energy and Nat13 ural Resources of the Senate; and 

14 ‘‘(B) the Committee on Natural Resources 

15 of the House of Representatives. 

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

17 ‘‘(1) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of this subsection and 

19 every 5 years thereafter, the Secretary shall carry 

20 out a comprehensive review of all components of the 

21 Federal offshore oil and gas fiscal system, including 

22 requirements for— 

23 ‘‘(A) bonus bids; 

24 ‘‘(B) rental rates; and 

25 ‘‘(C) royalties. 


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1 ‘‘(2) REQUIREMENTS.— 

2 ‘‘(A) CONTENTS; SCOPE.—A review under 

3 paragraph (1) shall include— 

4 ‘‘(i) the information and analyses nec5 essary to compare the offshore bonus bids, 

6 rents, and royalties of the Federal Govern7 ment to the offshore bonus bids, rents, and 

8 royalties of other resource owners, includ9 ing States and foreign countries; and 

10 ‘‘(ii) an assessment of the overall off11 shore oil and gas fiscal system in the 

12 United States, as compared to foreign 

13 countries. 

14 ‘‘(B) INDEPENDENT ADVISORY COM15 MITTEE.—In carrying out a review under para16 graph (1), the Secretary shall convene and seek 

17 the advice of an independent advisory com18 mittee comprised of oil and gas and fiscal ex19 perts from States, Indian tribes, academia, the 

20 energy industry, and appropriate nongovern21 mental organizations. 

22 ‘‘(3) REPORT.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 prepare a report that contains— 


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1 ‘‘(i) the contents and results of the re2 view carried out under paragraph (1) for 

3 the period covered by the report; and 

4 ‘‘(ii) any recommendations of the Sec5 retary based on the contents and results of 

6 the review. 

7 ‘‘(B) REPORT DEADLINE.—Not later than 

8 30 days after the date on which the Secretary 

9 completes a report under paragraph (1), the 

10 Secretary shall transmit copies of the report to 

11 the Committee on Natural Resources of the 

12 House of Representatives and the Committee 

13 on Energy and Natural Resources of the Sen14 ate.’’. 

15 (b) ENVIRONMENTAL DILIGENCE.—Section 8 of the 

16 Outer Continental Shelf Lands Act (43 U.S.C. 1337) is 

17 amended by striking subsection (d) and inserting the fol18 lowing: 

19 ‘‘(d) REQUIREMENT FOR CERTIFICATION OF RE20 SPONSIBLE STEWARDSHIP.— 

21 ‘‘(1) CERTIFICATION REQUIREMENT.—No bid 

22 or request for a lease, easement, or right-of-way 

23 under this section, or for a permit to drill under sec24 tion 11(d), may be submitted by any person unless 

25 the person certifies to the Secretary that the person 


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1 (including any related person and any predecessor of 

2 such person or related person) meets each of the fol3 lowing requirements: 

4 ‘‘(A) The person is meeting due diligence, 

5 safety, and environmental requirements on 

6 other leases, easements, and rights-of-way. 

7 ‘‘(B) In the case of a person that is a re8 sponsible party for a vessel or a facility from 

9 which oil is discharged, for purposes of section 

10 1002 of the Oil Pollution Act of 1990 (33 

11 U.S.C. 2702), the person has met all of its obli12 gations under that Act to provide compensation 

13 for covered removal costs and damages. 

14 ‘‘(C) In the 7-year period ending on the 

15 date of certification, the person, in connection 

16 with activities in the oil industry (including ex17 ploration, development, production, transpor18 tation by pipeline, and refining)— 

19 ‘‘(i) was not found to have committed 

20 willful or repeated violations under the Oc21 cupational Safety and Health Act of 1970 

22 (29 U.S.C. 651 et seq.) (including State 

23 plans approved under section 18(c) of such 

24 Act (29 U.S.C. 667(c))) at a rate that is 

25 higher than five times the rate determined 


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1 by the Secretary to be the oil industry av2 erage for such violations for such period; 

3 ‘‘(ii) was not convicted of a criminal 

4 violation for death or serious bodily injury; 

5 ‘‘(iii) did not have more than 10 fa6 talities at its exploration, development, and 

7 production facilities and refineries as a re8 sult of violations of Federal or State 

9 health, safety, or environmental laws; 

10 ‘‘(iv) was not assessed, did not enter 

11 into an agreement to pay, and was not oth12 erwise required to pay, civil penalties and 

13 criminal fines for violations the person was 

14 found to have committed under the Fed15 eral Water Pollution Control Act (33 

16 U.S.C. 1251 et seq.) (including State pro17 grams approved under sections 402 and 

18 404 of such Act (33 U.S.C. 1342 and 

19 1344)) in a total amount that is equal to 

20 more than $10,000,000; and 

21 ‘‘(v) was not assessed, did not enter 

22 into an agreement to pay, and was not oth23 erwise required to pay, civil penalties and 

24 criminal fines for violations the person was 

25 found to have committed under the Clean 


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1 Air Act (42 U.S.C. 7401 et seq.) (includ2 ing State plans approved under section 

3 110 of such Act (42 U.S.C. 7410)) in a 

4 total amount that is equal to more than 

5 $10,000,000. 

6 ‘‘(2) ENFORCEMENT.—If the Secretary deter7 mines that a certification made under paragraph (1) 

8 is false, the Secretary shall cancel any lease, ease9 ment, or right of way and shall revoke any permit 

10 with respect to which the certification was required 

11 under such paragraph. 

12 ‘‘(3) DEFINITION OF RELATED PERSON.—For 

13 purposes of this subsection, the term ‘related person’ 

14 includes a parent, subsidiary, affiliate, member of 

15 the same controlled group, contractor, subcontractor, 

16 a person holding a controlling interest or in which 

17 a controlling interest is held, and a person with sub18 stantially the same board members, senior officers, 

19 or investors.’’. 

20 (c) ALTERNATIVE ENERGY DEVELOPMENT.—Section 

21 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 

22 1337(p)) is amended— 

23 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘or’’ after ‘‘1501 et seq.),’’, 

3 and by striking ‘‘or other applicable law,’’; and 

4 (B) by amending subparagraph (D) to 

5 read as follows: 

6 ‘‘(D) use, for energy-related purposes, fa7 cilities currently or previously used for activities 

8 authorized under this Act, except that any oil 

9 and gas energy-related uses shall not be author10 ized in areas in which oil and gas preleasing, 

11 leasing, and related activities are prohibited by 

12 a moratorium.’’; and 

13 (2) in paragraph (4)— 

14 (A) in subparagraph (E), by striking ‘‘co15 ordination’’ and inserting ‘‘in consultation’’; 

16 and 

17 (B) in subparagraph (J)(ii), by inserting 

18 ‘‘a potential site for an alternative energy facil19 ity,’’ after ‘‘deepwater port,’’. 

20 (d) REVIEW OF IMPACTS OF LEASE SALES ON THE

21 MARINE AND COASTAL ENVIRONMENT BY SECRETARY.— 

22 Section 8 of the Outer Continental Shelf Lands Act (43 

23 U.S.C. 1337) is amended by adding at the end of sub24 section (a) the following: 


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

2 the Secretary shall request a review by the Secretary 

3 of Commerce of the proposed sale with respect to 

4 impacts on the marine and coastal environment. The 

5 Secretary of Commerce shall complete and submit in 

6 writing the results of that review within 60 days 

7 after receipt of the Secretary of the Interior’s re8 quest. If the Secretary of Commerce makes specific 

9 recommendations related to a proposed lease sale to 

10 reduce impacts on the marine and coastal environ11 ment, and the Secretary rejects or modifies such rec12 ommendations, the Secretary shall provide in writing 

13 justification for rejecting or modifying such rec14 ommendations.’’. 

15 (e) LIMITATION ON LEASE TRACT SIZE.—Section 

16 8(b)(1) of the Outer Continental Shelf Lands Act (43 

17 U.S.C. 1337(b)(1)) is amended by striking ‘‘, unless the 

18 Secretary finds that a larger area is necessary to comprise 

19 a reasonable economic production unit’’. 

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

21 Continental Shelf Lands Act (43 U.S.C. 1337(i)) is 

22 amended by striking ‘‘meet the urgent need’’ and inserting 

23 ‘‘allow’’. 

24 (g) TERMS AND PROVISIONS.—Section 8(b) of the 

25 Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) 


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1 is amended by striking ‘‘An oil and gas lease issued pursu2 ant to this section shall’’ and inserting ‘‘An oil and gas 

3 lease may be issued pursuant to this section only if the 

4 Secretary determines that activities under the lease are 

5 not likely to result in any condition described in section 

6 5(a)(2)(A)(i), and shall’’. 

7 SEC. 208. EXPLORATION PLANS. 

8 (a) WORST CASE SCENARIO DISCHARGES.—Not later 

9 than 180 days after the date of enactment of this Act, 

10 and every 5 years thereafter, the Secretary shall publish 

11 an estimate of the worst-case scenario discharges, includ12 ing subsurface discharges, that are possible in each Outer 

13 Continental Shelf region, based on the oil and gas explo14 ration, development, and production activities that are 

15 being conducted or are planned to be conducted at various 

16 locations and depths in each area. 

17 (b) LIMITATION ON HARM FROM AGENCY EXPLO18 RATION.—Section 11(a)(1) of the Outer Continental Shelf 

19 Lands Act (43 U.S.C. 1340(a)(1)) is amended by striking 

20 ‘‘, which do not interfere with or endanger actual oper21 ations under any lease maintained or granted pursuant to 

22 this Act, and which are not unduly harmful to aquatic life 

23 in such area’’ and inserting ‘‘if a permit authorizing such 

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


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1 (c) EXPLORATION PLAN REVIEW.—Section 11(c) of 

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

3 1340(c)), is amended— 

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

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

6 amendment made by paragraph (1) of this sub7 section— 

8 (A) by striking ‘‘and the provisions of such 

9 lease’’ and inserting ‘‘the provisions of such 

10 lease, and other applicable environmental and 

11 natural resource conservation laws’’; and 

12 (B) by striking the fourth sentence and in13 serting the following: 

14 ‘‘(B) The Secretary shall approve such plan, as sub15 mitted or modified, within 90 days after its submission 

16 and it is made publicly accessible by the Secretary, or 

17 within such additional time as the Secretary determines 

18 is necessary to complete any environmental, safety, or 

19 other reviews, if the Secretary determines that— 

20 ‘‘(i) any proposed activity under such plan is 

21 not likely to result in any condition described in sec22 tion 5(a)(2)(A)(i); 

23 ‘‘(ii) the plan complies with other applicable en24 vironmental or natural resource conservation laws; 


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1 ‘‘(iii) in the case of geophysical surveys, the ap2 plicant will use the best available technologies and 

3 methods to minimize impacts on marine life; and 

4 ‘‘(iv) the applicant has demonstrated the capa5 bility and technology to respond immediately and ef6 fectively to a worst-case-scenario discharge, which 

7 shall be estimated for the proposed activities con8 tained in the exploration plan, utilizing, in part, the 

9 relevant worst-case scenario discharge estimate pub10 lished by the Secretary under section 208(a) of the 

11 Implementing the Recommendations of the BP Oil 

12 Spill Commission Act of 2011.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(5) If the Secretary requires greater than 90 

15 days to review an exploration plan submitted pursu16 ant to any oil and gas lease issued or maintained 

17 under this Act, then the Secretary may provide for 

18 a suspension of that lease pursuant to section 5 

19 until the review of the exploration plan is com20 pleted.’’. 

21 (d) REQUIREMENTS.—Section 11(c) of the Outer 

22 Continental Shelf Lands Act (43 U.S.C. 1340(c)), is 

23 amended by amending paragraph (3) to read as follows: 


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

2 subsection shall include, in the degree of detail that 

3 the Secretary may by regulation require— 

4 ‘‘(A) a schedule of anticipated exploration 

5 activities to be undertaken; 

6 ‘‘(B) a detailed and accurate description of 

7 equipment to be used for such activities, includ8 ing— 

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

10 ‘‘(ii) a statement of the design and 

11 condition of major safety-related pieces of 

12 equipment, including independent third 

13 party certification of such equipment; and 

14 ‘‘(iii) a description of any new tech15 nology to be used; 

16 ‘‘(C) a map showing the location of each 

17 well to be drilled; 

18 ‘‘(D) a scenario for the potential blowout 

19 of the well involving the highest potential vol20 ume of liquid hydrocarbons, along with a com21 plete description of a response plan to both con22 trol the blowout and manage the accompanying 

23 discharge of hydrocarbons, including the likeli24 hood for surface intervention to stop the blow25 out, the availability of a rig to drill a relief well, 


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1 an estimate of the time it would take to drill a 

2 relief well, a description of other technology 

3 that may be used to regain control of the well 

4 or capture escaping hydrocarbons and the po5 tential timeline for using that technology for its 

6 intended purpose, and the strategy, organiza7 tion, and resources necessary to avoid harm to 

8 the environment from hydrocarbons; 

9 ‘‘(E) an analysis of the potential impacts 

10 of the worst-case-scenario discharge, which shall 

11 be estimated for the proposed activities con12 tained in the exploratory plan, utilizing, in part, 

13 the worst-case-scenario discharge performed by 

14 the Secretary under section 208(a) of hydro15 carbons on the marine, coastal, and human en16 vironments for activities conducted pursuant to 

17 the proposed exploration plan; and 

18 ‘‘(F) such other information deemed perti19 nent by the Secretary.’’. 

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

21 Continental Shelf Lands Act (43 U.S.C. 1340(d)) is 

22 amended by to read as follows: 

23 ‘‘(d) DRILLING PERMITS.— 

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

25 regulation, require that any lessee operating under 


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1 an approved exploration plan obtain a permit prior 

2 to drilling any well in accordance with such plan, 

3 and prior to any significant modification of the well 

4 design as originally approved by the Secretary. 

5 ‘‘(2) ENGINEERING REVIEW REQUIRED.—The 

6 Secretary may not grant any drilling permit or 

7 modification of the permit prior to completion of a 

8 full engineering review of the well system, including 

9 a determination that critical safety systems, includ10 ing blowout prevention, will utilize best available 

11 technology and that blowout prevention systems will 

12 include redundancy and remote triggering capability. 

13 ‘‘(3) OPERATOR SAFETY AND ENVIRONMENTAL

14 MANAGEMENT REQUIRED.—The Secretary shall not 

15 grant any drilling permit or modification of the per16 mit prior to completion of a safety and environ17 mental management plan to be utilized by the oper18 ator during all well operations.’’. 

19 (f) EXPLORATION PERMIT REQUIREMENTS.—Section 

20 11(g) of the Outer Continental Shelf Lands Act (43 

21 U.S.C. 1340(g)) is amended by— 

22 (1) striking ‘‘shall be issued’’ and inserting 

23 ‘‘may be issued’’; 


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1 (2) inserting ‘‘and after consultation with the 

2 Secretary of Commerce,’’ after ‘‘in accordance with 

3 regulations issued by the Secretary’’; 

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

5 (2); 

6 (4) in paragraph (3) striking ‘‘will not be un7 duly harmful to’’ and inserting ‘‘is not likely to 

8 harm’’; 

9 (5) striking the period at the end of paragraph 

10 (3) and inserting a semicolon; and 

11 (6) adding at the end the following: 

12 ‘‘(4) the exploration will be conducted in ac13 cordance with other applicable environmental and 

14 natural resource conservation laws; 

15 ‘‘(5) in the case of geophysical surveys, the ap16 plicant will use the best available technologies and 

17 methods to minimize impacts on marine life; and 

18 ‘‘(6) in the case of drilling operations, the appli19 cant has available oil spill response and clean-up 

20 equipment and technology that has been dem21 onstrated to be capable of effectively remediating a 

22 worst-case release of oil.’’. 

23 (g) ENVIRONMENTAL REVIEW OF PLANS; DEEP24 WATER PLAN; PLAN DISAPPROVAL.—Section 11 of the 


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

2 amended by adding at the end the following: 

3 ‘‘(i) ENVIRONMENTAL REVIEW OF PLANS.—The Sec4 retary shall treat the approval of an exploration plan, or 

5 a significant revision of such a plan, as an agency action 

6 requiring preparation of an environmental assessment or 

7 environmental impact statement in accordance with the 

8 National Environmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.), and shall require that such plan— 

10 ‘‘(1) be based on the best available technology 

11 to ensure safety in carrying out both the drilling of 

12 the well and any oil spill response; and 

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

14 safety of the proposed activity, the blowout preven15 tion technology, and the blowout and spill response 

16 plans. 

17 ‘‘(j) DISAPPROVAL OF PLAN.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall dis19 approve the plan if the Secretary determines, be20 cause of exceptional geological conditions in the 

21 lease areas, exceptional resource values in the ma22 rine or coastal environment, or other exceptional cir23 cumstances, that— 

24 ‘‘(A) implementation of the plan would 

25 probably cause serious harm or damage to life 


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1 (including fish and other aquatic life), to prop2 erty, to any mineral deposits (in areas leased or 

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

4 or to the marine, coastal, or human environ5 ments; 

6 ‘‘(B) the threat of harm or damage will 

7 not disappear or decrease to an acceptable ex8 tent within a reasonable period of time; and 

9 ‘‘(C) the advantages of disapproving the 

10 plan outweigh the advantages of exploration. 

11 ‘‘(2) CANCELLATION OF LEASE FOR DIS12 APPROVAL OF PLAN.—If a plan is disapproved under 

13 this subsection, the Secretary may cancel such lease 

14 in accordance with subsection (c)(1) of this sec15 tion.’’. 

16 SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

17 Section 18 of the Outer Continental Shelf Lands Act 

18 (43 U.S.C. 1344) is amended— 

19 (1) in subsection (a) in the second sentence by 

20 striking ‘‘meet national energy needs’’ and inserting 

21 ‘‘balance national energy needs and the protection of 

22 the marine and coastal environment and all the re23 sources in that environment,’’; 

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

25 and inserting ‘‘gives equal consideration to’’; 


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1 (3) in subsection (a)(2)(A)— 

2 (A) by striking ‘‘existing’’ and inserting 

3 ‘‘the best available scientific’’; and 

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

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

6 (4) in subsection (a)(2)(D), by inserting ‘‘po7 tential and existing sites of renewable energy instal8 lations,’’ after ‘‘deepwater ports,’’; 

9 (5) in subsection (a)(2)(H), by inserting ‘‘in10 cluding the availability of infrastructure to support 

11 oil spill response’’ before the period; 

12 (6) in subsection (a)(3), by— 

13 (A) striking ‘‘to the maximum extent prac14 ticable,’’; 

15 (B) striking ‘‘obtain a proper balance be16 tween’’ and inserting ‘‘minimize’’; and 

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

18 through the period and inserting ‘‘damage and 

19 adverse impacts on the marine, coastal, and 

20 human environments, and enhancing the poten21 tial for the discovery of oil and gas.’’; 

22 (7) in subsection (b)(1), by inserting ‘‘environ23 mental, marine, and energy’’ after ‘‘obtain’’; 

24 (8) in subsection (b)(2), by inserting ‘‘environ25 mental, marine, and’’ after ‘‘interpret the’’; 


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

2 the semicolon at the end; 

3 (10) by striking the period at the end of sub4 section (b)(4) and inserting a semicolon; 

5 (11) by adding at the end of subsection (b) the 

6 following: 

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

8 exploration plans and a systems review of the safety 

9 of well designs and other operational decisions; 

10 ‘‘(6) conduct regular and thorough safety re11 views and inspections; and 

12 ‘‘(7) enforce all applicable laws and regula13 tions.’’; 

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

15 by inserting ‘‘the National Oceanic and Atmospheric 

16 Administration and’’ after ‘‘including’’; 

17 (13) in subsection (c)(2)— 

18 (A) by inserting after the first sentence the 

19 following: ‘‘The Secretary shall also submit a 

20 copy of such proposed program to the head of 

21 each Federal agency referred to in, or that oth22 erwise provided suggestions under, paragraph 

23 (1).’’; 


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1 (B) in the third sentence, by inserting ‘‘or 

2 head of a Federal agency’’ after ‘‘such Gov3 ernor’’; and 

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

5 between the Secretary and the head of a Fed6 eral agency,’’ after ‘‘affected State,’’; 

7 (14) by redesignating subsection (c)(3) as sub8 section (c)(4) and by inserting before subsection 

9 (c)(4) (as so redesignated) the following: 

10 ‘‘(3) At least 60 days prior to the publication of a 

11 proposed leasing program under this section, the Sec12 retary shall request a review by the Secretary of Com13 merce of the proposed leasing program with respect to im14 pacts on the marine and coastal environments. If the Sec15 retary rejects or modifies any of the recommendations 

16 made by the Secretary of Commerce concerning the loca17 tion, timing, or conduct of leasing activities under the pro18 posed leasing program, the Secretary shall provide in writ19 ing justification for rejecting or modifying such rec20 ommendations.’’; 

21 (15) in the second sentence of subsection 

22 (d)(2), by inserting ‘‘, the head of a Federal agen23 cy,’’ after ‘‘Attorney General’’; 

24 (16) in subsection (g), by inserting after the 

25 first sentence the following: ‘‘Such information may 


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1 include existing inventories and mapping of marine 

2 resources previously undertaken by the Department 

3 of the Interior and the National Oceanic and Atmos4 pheric Administration, information provided by the 

5 Department of Defense, and other available data re6 garding energy or mineral resource potential, navi7 gation uses, fisheries, aquaculture uses, recreational 

8 uses, habitat, conservation, and military uses on the 

9 outer Continental Shelf.’’; and 

10 (17) by adding at the end the following new 

11 subsection: 

12 ‘‘(i) RESEARCH AND DEVELOPMENT.—The Secretary 

13 shall carry out a program of research and development 

14 to ensure the continued improvement of methodologies for 

15 characterizing resources of the outer Continental Shelf 

16 and conditions that may affect the ability to develop and 

17 use those resources in a safe, sound, and environmentally 

18 responsible manner. Such research and development ac19 tivities may include activities to provide accurate estimates 

20 of energy and mineral reserves and potential on the Outer 

21 Continental Shelf and any activities that may assist in fill22 ing gaps in environmental data needed to develop each 

23 leasing program under this section. As part of such pro24 gram the Secretary, in cooperation with the Secretary of 

25 Energy, the Secretary of Commerce, and the Director of 


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1 the United States Geologic Survey, shall conduct joint re2 search to systematically collect critical scientific data, fill 

3 research gaps, and provide comprehensive, ecosystem4 based scientific review of outer Continental Shelf Areas 

5 that are currently or will likely be opened for oil and gas 

6 leasing, and for offshore areas being considered for the 

7 siting of sources of renewable energy.’’. 

8 SEC. 210. ENVIRONMENTAL STUDIES. 

9 (a) INFORMATION NEEDED FOR ASSESSMENT AND

10 MANAGEMENT OF ENVIRONMENTAL IMPACTS.—Section 

11 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 

12 1346) is amended by striking so much as precedes ‘‘of 

13 any area’’ in subsection (a)(1) and inserting the following: 

14 ‘‘SEC. 20. ENVIRONMENTAL STUDIES. 

15 ‘‘(a)(1) The Secretary, in cooperation with the Sec16 retary of Commerce, shall conduct a study no less than 

17 once every three years’’. 

18 (b) IMPACTS OF DEEP WATER SPILLS.—Section 20 

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

20 1346) is amended by— 

21 (1) redesignating subsections (c) through (f) as 

22 (d) through (g); and 

23 (2) inserting after subsection (b) the following 

24 new subsection: 


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1 ‘‘(c) The Secretary shall conduct research to identify 

2 and reduce data gaps related to impacts of deepwater hy3 drocarbon spills, including— 

4 ‘‘(1) effects to benthic substrate communities 

5 and species; 

6 ‘‘(2) water column habitats and species; 

7 ‘‘(3) surface and coastal impacts from spills 

8 originating in deep waters; and 

9 ‘‘(4) the use of dispersants.’’. 

10 (c) RESEARCH.—Within 1 year after the date of en11 actment of this Act, the Secretary, in cooperation with the 

12 Secretary of Commerce, shall conduct research to identify 

13 and reduce data gaps related to the impacts of offshore 

14 oil and gas development in the Arctic region and to iden15 tify and reduce gaps in oil spill response capabilities. 

16 SEC. 211. SAFETY REGULATIONS. 

17 Section 21 of the Outer Continental Shelf Lands Act 

18 (43 U.S.C. 1347) is amended— 

19 (1) in subsection (a), by striking ‘‘Upon the 

20 date of enactment of this section,’’ and inserting 

21 ‘‘Within 6 months after the date of enactment of the 

22 Outer Continental Shelf Lands Act Amendments of 

23 2011 and every three years thereafter,’’; 

24 (2) in subsection (b) by— 


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1 (A) striking ‘‘for the artificial islands, in2 stallations, and other devices referred to in sec3 tion 4(a)(1) of’’ and inserting ‘‘under’’; 

4 (B) striking ‘‘which the Secretary deter5 mines to be economically feasible’’; and 

6 (C) adding at the end the following: ‘‘Not 

7 later than 6 months after the date of enactment 

8 of the Outer Continental Shelf Lands Act 

9 Amendments of 2011 and every 3 years there10 after, the Secretary shall, in consultation with 

11 the Outer Continental Shelf Safety and Envi12 ronmental Advisory Board established under 

13 title I of the Implementing the Recommenda14 tions of the BP Oil Spill Commission Act of 

15 2011, identify and publish an updated list of 

16 (1) the best available technologies for key areas 

17 of well design and operation, including blowout 

18 prevention and blowout and oil spill response 

19 and (2) technology needs for which the Sec20 retary intends to identify best available tech21 nologies in the future.’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(g) SAFETY CASE.—Not later than 6 months after 

24 the date of enactment of the Outer Continental Shelf 

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1 mulgate regulations requiring a safety case be submitted 

2 along with each new application for a permit to drill on 

3 the outer Continental Shelf. Not later than 5 years after 

4 the date final regulations promulgated under this sub5 section go into effect, and not less than every 5 years 

6 thereafter, the Secretary shall enter into an arrangement 

7 with the National Academy of Engineering to conduct a 

8 study to assess the effectiveness of these regulations and 

9 to recommend improvements in their administration. 

10 ‘‘(h) OFFSHORE TECHNOLOGY RESEARCH AND RISK

11 ASSESSMENT PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall carry 

13 out a program of research, development, and risk as14 sessment to address technology and development 

15 issues associated with exploration for, and develop16 ment and production of, energy and mineral re17 sources on the outer Continental Shelf, with the pri18 mary purpose of informing its role relating to safety, 

19 environmental protection, and spill response. 

20 ‘‘(2) SPECIFIC FOCUS AREAS.—The program 

21 under this subsection shall include research and de22 velopment related to— 

23 ‘‘(A) risk assessment, using all available 

24 data from safety and compliance records both 

25 within the United States and internationally; 


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1 ‘‘(B) analysis of industry trends in tech2 nology, investment, and frontier areas; 

3 ‘‘(C) reviews of best available technologies, 

4 including those associated with pipelines, blow5 out preventer mechanisms, casing, well design, 

6 and other associated infrastructure related to 

7 offshore energy development; 

8 ‘‘(D) oil spill response and mitigation, in9 cluding reviews of the best available technology 

10 for oil spill response and mitigation and the 

11 availability and accessibility of such technology 

12 in each region where leasing is taking place; 

13 ‘‘(E) risk associated with human factors; 

14 ‘‘(F) technologies and methods to reduce 

15 the impact of geophysical exploration activities 

16 on marine life; and 

17 ‘‘(G) renewable energy operations.’’. 

18 SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRON19 MENTAL REGULATIONS. 

20 (a) IN GENERAL.—Section 22 of the Outer Conti21 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 

22 (1) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) INSPECTIONS.—The Secretary and the Secretary 

25 of the department in which the Coast Guard is operating 


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1 shall individually, or jointly if they so agree, promulgate 

2 regulations to provide for— 

3 ‘‘(1) scheduled onsite inspection, at least once a 

4 year, of each facility on the outer Continental Shelf 

5 which is subject to any environmental or safety regu6 lation promulgated pursuant to this Act, which in7 spection shall include all safety equipment designed 

8 to prevent or ameliorate blowouts, fires, spillages, or 

9 other major accidents; 

10 ‘‘(2) scheduled onsite inspection, at least once a 

11 month, of each facility on the outer Continental 

12 Shelf engaged in drilling operations and which is 

13 subject to any environmental or safety regulation 

14 promulgated pursuant to this Act, which inspection 

15 shall include validation of the safety case required 

16 for the facility under section 21(g) and identifica17 tions of deviations from the safety case, and shall in18 clude all safety equipment designed to prevent or 

19 ameliorate blowouts, fires, spillages, or other major 

20 accidents; 

21 ‘‘(3) periodic onsite inspection without advance 

22 notice to the operator of such facility to assure com23 pliance with such environmental or safety regula24 tions; and 


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1 ‘‘(4) periodic audits of each required safety and 

2 environmental management plan, and any associated 

3 safety case, both with respect to their implementa4 tion at each facility on the outer Continental Shelf 

5 for which such a plan or safety case is required and 

6 with respect to onshore management support for ac7 tivities at such a facility.’’; 

8 (2) in subsection (d)(1)— 

9 (A) by striking ‘‘each major fire and each 

10 major oil spillage’’ and inserting ‘‘each major 

11 fire, each major oil spillage, each loss of well 

12 control, and any other accident that presented 

13 a serious risk to human or environmental safe14 ty’’; and 

15 (B) by inserting before the period at the 

16 end the following: ‘‘, as a condition of the lease 

17 or permit’’; 

18 (3) in subsection (d)(2), by inserting before the 

19 period at the end the following: ‘‘as a condition of 

20 the lease or permit’’; 

21 (4) in subsection (e), by adding at the end the 

22 following: ‘‘Any such allegation from any employee 

23 of the lessee or any subcontractor of the lessee shall 

24 be investigated by the Secretary.’’; 


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1 (5) in subsection (b)(1), by striking ‘‘recog2 nized’’ and inserting ‘‘uncontrolled’’; and 

3 (6) by adding at the end the following: 

4 ‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE

5 ACTIONS.—For any incident investigated under this sec6 tion, the Secretary shall promptly make available to all 

7 lessees and the public technical information about the 

8 causes and corrective actions taken. All data and reports 

9 related to any such incident shall be maintained in a data 

10 base available to the public. 

11 ‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 

12 ‘‘(1) The Secretary, in cooperation with the 

13 Secretary of the department in which the Coast 

14 Guard is operating, shall require all operators of all 

15 new and existing drilling and production operations 

16 to annually certify that their operations are being 

17 conducted in accordance with applicable law and reg18 ulations. 

19 ‘‘(2) Each certification shall include, but, not be 

20 limited to, statements that verify the operator has— 

21 ‘‘(A) examined all well control system 

22 equipment (both surface and subsea) being used 

23 to ensure that it has been properly maintained 

24 and is capable of shutting in the well during 

25 emergency operations; 


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1 ‘‘(B) examined and conducted tests to en2 sure that the emergency equipment has been 

3 function-tested and is capable of addressing 

4 emergency situations; 

5 ‘‘(C) reviewed all rig drilling, casing, ce6 menting, well abandonment (temporary and 

7 permanent), completion, and workover practices 

8 to ensure that well control is not compromised 

9 at any point while emergency equipment is in10 stalled on the wellhead; 

11 ‘‘(D) reviewed all emergency shutdown and 

12 dynamic positioning procedures that interface 

13 with emergency well control operations; 

14 ‘‘(E) taken the necessary steps to ensure 

15 that all personnel involved in well operations 

16 are properly trained and capable of performing 

17 their tasks under both normal drilling and 

18 emergency well control operations; and 

19 ‘‘(F) updated the operator’s response plan 

20 required under section 25(c)(7) and exploration 

21 plans required under section 11(c)(3) to reflect 

22 the best available technology, including the 

23 availability of such technology. 

24 ‘‘(i) CEO STATEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall not ap2 prove any application for a permit to drill a well 

3 under this Act unless such application is accom4 panied by a statement in which the chief executive 

5 officer of the applicant attests, in writing, that— 

6 ‘‘(A) the applicant is in compliance with all 

7 applicable environmental and natural resource 

8 conservation laws; 

9 ‘‘(B) the applicant has the capability and 

10 technology to respond immediately and effec11 tively to a worst-case oil spill in real-world con12 ditions in the area of the proposed activity 

13 under the permit; 

14 ‘‘(C) the applicant has an oil spill response 

15 plan that ensures that the applicant has the ca16 pacity to promptly control and stop a blowout 

17 in the event that well control measures fail; 

18 ‘‘(D) the blowout preventer to be used dur19 ing the drilling of the well has redundant sys20 tems to prevent or stop a blowout for all fore21 seeable blowout scenarios and failure modes; 

22 ‘‘(E) the well design is safe; and 

23 ‘‘(F) the applicant has the capability to ex24 peditiously begin and complete a relief well if 

25 necessary in the event of a blowout. 


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1 ‘‘(2) CIVIL PENALTY.—Any chief executive offi2 cer who makes a false certification under paragraph 

3 (1) shall be liable for a civil penalty under section 

4 24. 

5 ‘‘(j) THIRD-PARTY CERTIFICATION.—All operators 

6 that modify or upgrade any emergency equipment placed 

7 on any operation to prevent blow-outs or other well control 

8 events, shall have an independent third party conduct a 

9 detailed physical inspection and design review of such 

10 equipment within 30 days of its installation. The inde11 pendent third party shall certify that the equipment will 

12 operate as originally designed and any modifications or 

13 upgrades conducted after delivery have not compromised 

14 the design, performance, or functionality of the equip15 ment. Failure to comply with this subsection shall result 

16 in suspension of the lease.’’. 

17 (b) APPLICATION.—Section 22(i) of the Outer Conti18 nental Shelf Lands Act, as added by the amendments 

19 made by subsection (a), shall apply to approvals of appli20 cations for a permit to drill that are submitted after the 

21 end of the 6-month period beginning on the date of enact22 ment of this Act. 


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1 SEC. 213. JUDICIAL REVIEW. 

2 Section 23(c)(3) of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1349(c)(3)) is amended by striking 

4 ‘‘sixty’’ and inserting ‘‘90’’. 

5 SEC. 214. REMEDIES AND PENALTIES. 

6 (a) CIVIL PENALTY, GENERALLY.—Section 24(b) of 

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

8 1350(b)) is amended to read as follows: 

9 ‘‘(b)(1) Except as provided in paragraph (2), any per10 son who fails to comply with any provision of this Act, 

11 or any term of a lease, license, or permit issued pursuant 

12 to this Act, or any regulation or order issued under this 

13 Act, shall be liable for a civil administrative penalty of not 

14 more than $75,000 for each day of the continuance of 

15 such failure. The Secretary may assess, collect, and com16 promise any such penalty. No penalty shall be assessed 

17 until the person charged with a violation has been given 

18 an opportunity for a hearing. The Secretary shall, by regu19 lation at least every 3 years, adjust the penalty specified 

20 in this paragraph to reflect any increases in the Consumer 

21 Price Index (all items, United States city average) as pre22 pared by the Department of Labor. 

23 ‘‘(2) If a failure described in paragraph (1) con24 stitutes or constituted a threat of harm or damage to life 

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1 ment, a civil penalty of not more than $150,000 shall be 

2 assessed for each day of the continuance of the failure.’’. 

3 (b) KNOWING AND WILLFUL VIOLATIONS.—Section 

4 24(c) of the Outer Continental Shelf Lands Act (43 

5 U.S.C. 1350(c)) is amended in paragraph (4) by striking 

6 ‘‘$100,000’’ and inserting ‘‘$10,000,000’’. 

7 (c) OFFICERS AND AGENTS OF CORPORATIONS.— 

8 Section 24(d) of the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1350(d)) is amended by inserting ‘‘, or with 

10 willful disregard,’’ after ‘‘knowingly and willfully’’. 

11 SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL 

12 SHELF. 

13 Section 25 of the Outer Continental Shelf Lands Act 

14 (43 U.S.C. 1351) is amended— 

15 (1) by striking ‘‘other than the Gulf of Mexico,’’ 

16 in each place it appears; 

17 (2) in subsection (c), by striking ‘‘and’’ after 

18 the semicolon at the end of paragraph (5), redesig19 nating paragraph (6) as paragraph (11), and insert20 ing after paragraph (5) the following new para21 graphs: 

22 ‘‘(6) a detailed and accurate description of 

23 equipment to be used for the drilling of wells pursu24 ant to activities included in the development and 

25 production plan, including— 


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1 ‘‘(A) a description of the drilling unit or 

2 units; 

3 ‘‘(B) a statement of the design and condi4 tion of major safety-related pieces of equip5 ment, including independent third-party certifi6 cation of such equipment; and 

7 ‘‘(C) a description of any new technology 

8 to be used; 

9 ‘‘(7) a scenario for the potential blowout of 

10 each well to be drilled as part of the plan involving 

11 the highest potential volume of liquid hydrocarbons, 

12 along with a complete description of a response plan 

13 to both control the blowout and manage the accom14 panying discharge of hydrocarbons, including the 

15 likelihood for surface intervention to stop the blow16 out, the availability of a rig to drill a relief well, an 

17 estimate of the time it would take to drill a relief 

18 well, a description of other technology that may be 

19 used to regain control of the well or capture escap20 ing hydrocarbons and the potential timeline for 

21 using that technology for its intended purpose, and 

22 the strategy, organization, and resources necessary 

23 to avoid harm to the environment from hydro24 carbons; 


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1 ‘‘(8) an analysis of the potential impacts of the 

2 worst-case-scenario discharge on the marine and 

3 coastal environments for activities conducted pursu4 ant to the proposed development and production 

5 plan; 

6 ‘‘(9) a comprehensive survey and characteriza7 tion of the coastal or marine environment within the 

8 area of operation, including bathymetry, currents 

9 and circulation patterns within the water column, 

10 and descriptions of benthic and pelagic environ11 ments; 

12 ‘‘(10) a description of the technologies to be de13 ployed on the facilities to routinely observe and mon14 itor in real time the marine environment throughout 

15 the duration of operations, and a description of the 

16 process by which such observation data and informa17 tion will be made available to Federal regulators and 

18 to the System established under section 12304 of 

19 Public Law 111–11 (33 U.S.C. 3603); and’’; 

20 (3) in subsection (e), by striking so much as 

21 precedes paragraph (2) and inserting the following: 

22 ‘‘(e)(1) The Secretary shall treat the approval of a 

23 development and production plan, or a significant revision 

24 of a development and production plan, as an agency action 

25 requiring preparation of an environmental assessment or 


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1 environmental impact statement, in accordance with the 

2 National Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.).’’; 

4 (4) by striking subsections (g) and (l), and re5 designating subsections (h) through (k) as sub6 sections (g) through and (j); and 

7 (5) in subsection (g), as so redesignated, by re8 designating paragraphs (2) and (3) as paragraphs 

9 (3) and (4), respectively, and inserting after para10 graph (1) the following: 

11 ‘‘(2) The Secretary shall not approve a develop12 ment and production plan, or a significant revision 

13 to such a plan, unless— 

14 ‘‘(A) the plan is in compliance with all 

15 other applicable environmental and natural re16 source conservation laws; and 

17 ‘‘(B) the applicant has available oil spill re18 sponse and clean-up equipment and technology 

19 that has been demonstrated to be capable of ef20 fectively remediating the projected worst-case 

21 release of oil from activities conducted pursuant 

22 to the development and production plan.’’. 

23 SEC. 216. OIL AND GAS INFORMATION PROGRAM. 

24 Section 26(a)(1) of the Outer Continental Shelf 

25 Lands Act (43 U.S.C. 1352(a)(1)) is amended by— 


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1 (1) striking the period at the end of subpara2 graph (A) and inserting ‘‘, provided that such data 

3 shall be transmitted in electronic format either in 

4 real-time or as quickly as practicable following the 

5 generation of such data.’’; and 

6 (2) striking subparagraph (C) and inserting the 

7 following: 

8 ‘‘(C) Lessees engaged in drilling operations 

9 shall provide to the Secretary— 

10 ‘‘(i) all daily reports generated by the 

11 lessee, or any daily reports generated by 

12 contractors or subcontractors engaged in 

13 or supporting drilling operations on the 

14 lessee’s lease, no more than 24 hours after 

15 the end of the day for which they should 

16 have been generated; 

17 ‘‘(ii) documentation of blowout pre18 venter maintenance and repair, and any 

19 changes to design specifications of the 

20 blowout preventer, within 24 hours after 

21 such activity; and 

22 ‘‘(iii) prompt or real-time trans23 mission of the electronic log from a blow24 out preventer control system.’’. 


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1 SEC. 217. LIMITATION ON ROYALTY-IN-KIND PROGRAM. 

2 Section 27(a) of the Outer Continental Shelf Lands 

3 Act (43 U.S.C. 1353(a)) is amended by striking the period 

4 at the end of paragraph (1) and inserting ‘‘, except that 

5 the Secretary shall not conduct a regular program to take 

6 oil and gas lease royalties in oil or gas.’’. 

7 SEC. 218. RESTRICTIONS ON EMPLOYMENT. 

8 Section 29 of the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1355) is amended— 

10 (1) in the matter preceding paragraph (1)— 

11 (A) by striking ‘‘SEC. 29’’ and all that fol12 lows through ‘‘No full-time’’ and inserting the 

13 following: 

14 ‘‘SEC. 29. RESTRICTIONS ON EMPLOYMENT. 

15 ‘‘(a) IN GENERAL.—No full-time’’; and 

16 (B) by striking ‘‘, and who was at any 

17 time during the twelve months preceding the 

18 termination of his employment with the Depart19 ment compensated under the Executive Sched20 ule or compensated at or above the annual rate 

21 of basic pay for grade GS–16 of the General 

22 Schedule’’; 

23 (2) in paragraph (1)— 

24 (A) in subparagraph (A), by inserting ‘‘or 

25 advise’’ after ‘‘represent’’; 


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1 (B) in subparagraph (B), by striking ‘‘with 

2 the intent to influence, make’’ and inserting 

3 ‘‘act with the intent to influence, directly or in4 directly, or make’’; and 

5 (C) in the matter following subparagraph 

6 (C)— 

7 (i) by inserting ‘‘inspection or enforce8 ment action,’’ before ‘‘or other particular 

9 matter’’; and 

10 (ii) by striking ‘‘or’’ at the end; 

11 (3) in paragraph (2)— 

12 (A) in subparagraph (A), by inserting ‘‘or 

13 advise’’ after ‘‘represent’’; 

14 (B) in subparagraph (B), by striking ‘‘with 

15 the intent to influence, make’’ and inserting 

16 ‘‘act with the intent to influence, directly or in17 directly, or make’’; and 

18 (C) by striking the period at the end and 

19 inserting ‘‘; or’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(3) during the 2-year period beginning on the 

22 date on which the employment of the officer or em23 ployee ceased at the Department, accept employment 

24 or compensation from any party that has a direct 

25 and substantial interest— 


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1 ‘‘(A) that was pending under the official 

2 responsibility of the officer or employee as an 

3 officer at any point during the 2-year period 

4 preceding the date of termination of the respon5 sibility; or 

6 ‘‘(B) in which the officer or employee par7 ticipated personally and substantially as an offi8 cer or employee of the Department. 

9 ‘‘(b) PRIOR DEALINGS.—No full-time officer or em10 ployee of the Department of the Interior who directly or 

11 indirectly discharged duties or responsibilities under this 

12 Act shall participate personally and substantially as a 

13 Federal officer or employee, through decision, approval, 

14 disapproval, recommendation, the rendering of advice, in15 vestigation, or otherwise, in a proceeding, application, re16 quest for a ruling or other determination, contract, claim, 

17 controversy, charge, accusation, inspection, enforcement 

18 action, or other particular matter in which, to the knowl19 edge of the officer or employee— 

20 ‘‘(1) the officer or employee or the spouse, 

21 minor child, or general partner of the officer or em22 ployee has a financial interest; 

23 ‘‘(2) any organization in which the officer or 

24 employee is serving as an officer, director, trustee, 

25 general partner, or employee has a financial interest; 


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1 ‘‘(3) any person or organization with whom the 

2 officer or employee is negotiating or has any ar3 rangement concerning prospective employment has a 

4 financial interest; or 

5 ‘‘(4) any person or organization in which the of6 ficer or employee has, within the preceding 1-year 

7 period, served as an officer, director, trustee, general 

8 partner, agent, attorney, consultant, contractor, or 

9 employee. 

10 ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No full-time 

11 officer or employee of the Department of the Interior who 

12 directly or indirectly discharges duties or responsibilities 

13 under this Act shall, directly or indirectly, solicit or accept 

14 any gift in violation of subpart B of part 2635 of title 

15 5, Code of Federal Regulations (or successor regulations). 

16 ‘‘(d) PENALTY.—Any person that violates subsection 

17 (a) or (b) shall be punished in accordance with section 

18 216 of title 18, United States Code.’’. 

19 SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS. 

20 (a) REPEAL OF PROVISIONS OF ENERGY POLICY ACT

21 OF 2005.—The following provisions of the Energy Policy 

22 Act of 2005 (Public Law 109–58) are repealed: 

23 (1) Section 344 (42 U.S.C. 15904; relating to 

24 incentives for natural gas production from deep wells 

25 in shallow waters of the Gulf of Mexico). 


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1 (2) Section 345 (42 U.S.C. 15905; relating to 

2 royalty relief for deep water production in the Gulf 

3 of Mexico). 

4 (b) REPEAL OF PROVISIONS RELATING TO PLAN5 NING AREAS OFFSHORE ALASKA.—Section 8(a)(3)(B) of 

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

7 1337(a)(3)(B)) is amended by striking ‘‘and in the Plan8 ning Areas offshore Alaska’’. 

9 SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN RE10 QUIREMENTS. 

11 Section 30 of the Outer Continental Shelf Lands Act 

12 (43 U.S.C. 1356) is amended— 

13 (1) in subsection (a), by striking ‘‘shall issue 

14 regulations which’’ and inserting ‘‘shall issue regula15 tions that shall be supplemental to and complemen16 tary with and under no circumstances a substitution 

17 for the provisions of the Constitution and laws of the 

18 United States extended to the subsoil and seabed of 

19 the outer Continental Shelf pursuant to section 

20 4(a)(1) of this Act, except insofar as such laws 

21 would otherwise apply to individuals who have ex22 traordinary ability in the sciences, arts, education, 

23 or business, which has been demonstrated by sus24 tained national or international acclaim, and that’’; 

25 and 


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1 (2) by adding at the end the following: 

2 ‘‘(d) BUY AND BUILD AMERICAN.—It is the intention 

3 of the Congress that this Act, among other things, result 

4 in a healthy and growing American industrial, manufac5 turing, transportation, and service sector employing the 

6 vast talents of America’s workforce to assist in the devel7 opment of energy from the outer Continental Shelf. More8 over, the Congress intends to monitor the deployment of 

9 personnel and material on the outer Continental Shelf to 

10 encourage the development of American technology and 

11 manufacturing to enable United States workers to benefit 

12 from this Act by good jobs and careers, as well as the 

13 establishment of important industrial facilities to support 

14 expanded access to American resources.’’. 

15 SEC. 221. COORDINATION AND CONSULTATION WITH AF16 FECTED STATE AND LOCAL GOVERNMENTS. 

17 Section 19 of the Outer Continental Shelf Lands Act 

18 (43 U.S.C. 1345) is amended— 

19 (1) by inserting ‘‘exploration plan or’’ before 

20 ‘‘development and production plan’’ in each place it 

21 appears; and 

22 (2) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) ACCEPTANCE OR REJECTION OF RECOMMENDA25 TIONS.—The Secretary may accept recommendations of 


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1 the Governor and may accept recommendations of the ex2 ecutive of any affected local government if the Secretary 

3 determines, after having provided the opportunity for con4 sultation, that they provide for a reasonable balance be5 tween the national interest and the well-being of the citi6 zens of the affected State. For purposes of this subsection, 

7 a determination of the national interest shall be based on 

8 the desirability of obtaining oil and gas supplies in a bal9 anced manner and on protecting coastal and marine eco10 systems and the economies dependent on those eco11 systems. The Secretary shall provide an explanation to the 

12 Governor, in writing, of the reasons for his determination 

13 to accept or reject such Governor’s recommendations, or 

14 to implement any alternative identified in consultation 

15 with the Governor.’’. 

16 SEC. 222. IMPLEMENTATION. 

17 (a) NEW LEASES.—The provisions of this title and 

18 title VII shall apply to any lease that is issued under the 

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

20 seq.) after the effective date of this Act. 

21 (b) EXISTING LEASES.—For all leases that were 

22 issued under the Outer Continental Shelf Lands Act (43 

23 U.S.C. 1331 et seq.) that are in effect on the effective 

24 date of this Act, the Secretary shall take action, consistent 

25 with the terms of those leases, to apply the requirements 


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1 of this title and title VII to those leases. Such action may 

2 include, but is not limited to, promulgating regulations, 

3 renegotiating such existing leases, conditioning future 

4 leases on bringing such existing leases into full or partial 

5 compliance with this title and title VII, or taking any other 

6 actions authorized by law. 

7 SEC. 223. REPORT ON ENVIRONMENTAL BASELINE STUD8 IES. 

9 The Secretary of the Interior shall report to Congress 

10 within 6 months after the date of enactment of this Act 

11 on the costs of baseline environmental studies to gather, 

12 analyze, and characterize resource data necessary to im13 plement the Outer Continental Shelf Lands Act (43 

14 U.S.C. 1331 et seq.). The Secretary shall include in the 

15 report proposals of fees or other ways to recoup such costs 

16 from persons engaging or seeking to engage in activities 

17 on the Outer Continental Shelf to which that Act applies. 

18 SEC. 224. CUMULATIVE IMPACTS ON MARINE MAMMAL SPE19 CIES AND STOCKS AND SUBSISTENCE USE. 

20 Section 20 of the Outer Continental Shelf Lands Act 

21 (43 U.S.C. 1346) is further amended by adding at the 

22 end the following: 

23 ‘‘(h) CUMULATIVE IMPACTS ON MARINE MAMMAL

24 SPECIES AND STOCKS AND SUBSISTENCE USE.—In deter25 mining, pursuant to subparagraphs (A)(i) and (D)(i) of 


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1 section 101(a)(5) of the Marine Mammal Protection Act 

2 of 1972 (16 U.S.C. 1371(a)(5)), whether takings from 

3 specified activities administered under this title will have 

4 a negligible impact on a marine mammal species or stock, 

5 and not have an unmitigable adverse impact on the avail6 ability of such species or stock for taking for subsistence 

7 uses, the Secretary of Commerce or Interior shall incor8 porate any takings of such species or stock from any other 

9 reasonably foreseeable activities administered under this 

10 Act.’’. 

11 SEC. 225. SAVINGS CLAUSE. 

12 Nothing in this Act shall be construed to preempt 

13 regulation by any State or local government of oil and gas 

14 exploration and production wells drilled in State waters, 

15 on State lands, or on private lands within that State pur16 suant to the laws of that State or local government. 

17 TITLE III—OIL AND GAS 

18 ROYALTY REFORM 

19 SEC. 301. AMENDMENTS TO DEFINITIONS. 

20 Section 3 of the Federal Oil and Gas Royalty Man21 agement Act of 1982 (30 U.S.C. 1702) is amended— 

22 (1) in paragraph (8), by striking the semicolon 

23 and inserting ‘‘including but not limited to the Act 

24 of October 20, 1914 (38 Stat. 741); the Act of Feb25 ruary 25, 1920 (41 Stat. 437); the Act of April 17, 


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1 1926 (44 Stat. 301); the Act of February 7, 1927 

2 (44 Stat. 1057); and all Acts heretofore or hereafter 

3 enacted that are amendatory of or supplementary to 

4 any of the foregoing Acts;’’; 

5 (2) in paragraph (20)(A), by striking ‘‘: Pro6 vided, That’’ and all that follows through ‘‘subject of 

7 the judicial proceeding’’; 

8 (3) in paragraph (20)(B), by striking ‘‘(with 

9 written notice to the lessee who designated the des10 ignee)’’; 

11 (4) in paragraph (23)(A), by striking ‘‘(with 

12 written notice to the lessee who designated the des13 ignee)’’; 

14 (5) by striking paragraph (24) and inserting 

15 the following: 

16 ‘‘(24) ‘designee’ means a person who pays, off17 sets, or credits monies, makes adjustments, requests 

18 and receives refunds, or submits reports with respect 

19 to payments a lessee must make pursuant to section 

20 102(a);’’; 

21 (6) in paragraph (25)(B)— 

22 (A) by striking ‘‘(subject to the provisions 

23 of section 102(a) of this Act)’’; and 

24 (B) in clause (ii) by striking the matter 

25 after subclause (IV) and inserting the following: 


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1 ‘‘that arises from or relates to any lease, easement, right2 of-way, permit, or other agreement regardless of form ad3 ministered by the Secretary for, or any mineral leasing 

4 law related to, the exploration, production, and develop5 ment of oil and gas or other energy resource on Federal 

6 lands or the Outer Continental Shelf;’’; 

7 (7) in paragraph (29), by inserting ‘‘or permit’’ 

8 after ‘‘lease’’; and 

9 (8) by striking ‘‘and’’ after the semicolon at the 

10 end of paragraph (32), by striking the period at the 

11 end of paragraph (33) and inserting a semicolon, 

12 and by adding at the end the following new para13 graphs: 

14 ‘‘(34) ‘compliance review’ means a full-scope or 

15 a limited-scope examination of a lessee’s lease ac16 counts to compare one or all elements of the royalty 

17 equation (volume, value, royalty rate, and allow18 ances) against anticipated elements of the royalty 

19 equation to test for variances; and 

20 ‘‘(35) ‘marketing affiliate’ means an affiliate of 

21 a lessee whose function is to acquire the lessee’s pro22 duction and to market that production.’’. 


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1 SEC. 302. COMPLIANCE REVIEWS. 

2 Section 101 of the Federal Oil and Gas Royalty Man3 agement Act of 1982 (30 U.S.C. 1711) is amended by 

4 adding at the end the following new subsection: 

5 ‘‘(d) The Secretary may, as an adjunct to audits of 

6 accounts for leases, utilize compliance reviews of accounts. 

7 Such reviews shall not constitute nor substitute for audits 

8 of lease accounts. Any disparity uncovered in such a com9 pliance review shall be immediately referred to a program 

10 auditor. The Secretary shall, before completion of a com11 pliance review, provide notice of the review to designees 

12 whose obligations are the subject of the review.’’. 

13 SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAY14 MENTS. 

15 Section 102(a) of the Federal Oil and Gas Royalty 

16 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

17 to read as follows: 

18 ‘‘(a) In order to increase receipts and achieve effec19 tive collections of royalty and other payments, a lessee who 

20 is required to make any royalty or other payment under 

21 a lease, easement, right-of-way, permit, or other agree22 ment, regardless of form, or under the mineral leasing 

23 laws, shall make such payment in the time and manner 

24 as may be specified by the Secretary or the applicable dele25 gated State. Any person who pays, offsets, or credits mon26 ies, makes adjustments, requests and receives refunds, or 


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1 submits reports with respect to payments the lessee must 

2 make is the lessee’s designee under this Act. Notwith3 standing any other provision of this Act to the contrary, 

4 a designee shall be liable for any payment obligation of 

5 any lessee on whose behalf the designee pays royalty under 

6 the lease. The person owning operating rights in a lease 

7 and a person owning legal record title in a lease shall be 

8 liable for that person’s pro rata share of payment obliga9 tions under the lease.’’. 

10 SEC. 304. REQUIRED RECORDKEEPING. 

11 Section 103(b) of the Federal Oil and Gas Royalty 

12 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

13 by striking ‘‘6’’ and inserting ‘‘7’’. 

14 SEC. 305. FINES AND PENALTIES. 

15 Section 109 of the Federal Oil and Gas Royalty Man16 agement Act of 1982 (30 U.S.C. 1719) is amended— 

17 (1) in subsection (a) in the matter following 

18 paragraph (2), by striking ‘‘$500’’ and inserting 

19 ‘‘$1,000’’; 

20 (2) in subsection (a)(2)(B), by inserting ‘‘(i)’’ 

21 after ‘‘such person’’, and by striking the period at 

22 the end and inserting ‘‘; and (ii) has not received no23 tice, pursuant to paragraph (1), of more than two 

24 prior violations in the current calendar year.’’; 


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1 (3) in subsection (b), by striking ‘‘$5,000’’ and 

2 inserting ‘‘$10,000’’; 

3 (4) in subsection (c)— 

4 (A) in paragraph (2), by striking ‘‘; or’’ 

5 and inserting ‘‘, including any failure or refusal 

6 to promptly tender requested documents;’’; 

7 (B) in the text following paragraph (3)— 

8 (i) by striking ‘‘$10,000’’ and insert9 ing ‘‘$20,000’’; and 

10 (ii) by striking the comma at the end 

11 and inserting a semicolon; and 

12 (C) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(4) knowingly or willfully fails to make any 

15 royalty payment in the amount or value as specified 

16 by statute, regulation, order, or terms of the lease; 

17 or 

18 ‘‘(5) fails to correctly report and timely provide 

19 operations or financial records necessary for the Sec20 retary or any authorized designee of the Secretary to 

21 accomplish lease management responsibilities,’’; 

22 (5) in subsection (d), by striking ‘‘$25,000’’ 

23 and inserting ‘‘$50,000’’; 


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1 (6) in subsection (h), by striking ‘‘by registered 

2 mail’’ and inserting ‘‘a common carrier that provides 

3 proof of delivery’’; and 

4 (7) by adding at the end the following sub5 section: 

6 ‘‘(m)(1) Any determination by the Secretary or a des7 ignee of the Secretary that a person has committed a vio8 lation under subsection (a), (c), or (d)(1) shall toll any 

9 applicable statute of limitations for all oil and gas leases 

10 held or operated by such person, until the later of— 

11 ‘‘(A) the date on which the person corrects the 

12 violation and certifies that all violations of a like na13 ture have been corrected for all of the oil and gas 

14 leases held or operated by such person; or 

15 ‘‘(B) the date a final, nonappealable order has 

16 been issued by the Secretary or a court of competent 

17 jurisdiction. 

18 ‘‘(2) A person determined by the Secretary or a des19 ignee of the Secretary to have violated subsection (a), (c), 

20 or (d)(1) shall maintain all records with respect to the per21 son’s oil and gas leases until the later of— 

22 ‘‘(A) the date the Secretary releases the person 

23 from the obligation to maintain such records; and 


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1 ‘‘(B) the expiration of the period during which 

2 the records must be maintained under section 

3 103(b).’’. 

4 SEC. 306. INTEREST ON OVERPAYMENTS. 

5 Section 111 of the Federal Oil and Gas Royalty Man6 agement Act of 1982 (30 U.S.C. 1721) is amended— 

7 (1) by amending subsections (h) and (i) to read 

8 as follows: 

9 ‘‘(h) Interest shall not be allowed nor paid nor cred10 ited on any overpayment, and no interest shall accrue from 

11 the date such overpayment was made. 

12 ‘‘(i) A lessee or its designee may make a payment 

13 for the approximate amount of royalties (hereinafter in 

14 this subsection referred to as the ‘estimated payment’) 

15 that would otherwise be due for such lease by the date 

16 royalties are due for that lease. When an estimated pay17 ment is made, actual royalties are payable at the end of 

18 the month following the month in which the estimated 

19 payment is made. If the estimated payment was less than 

20 the amount of actual royalties due, interest is owed on 

21 the underpaid amount. If the lessee or its designee makes 

22 a payment for such actual royalties, the lessee or its des23 ignee may apply the estimated payment to future royal24 ties. Any estimated payment may be adjusted, recouped, 

25 or reinstated by the lessee or its designee provided such 


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1 adjustment, recoupment, or reinstatement is made within 

2 the limitation period for which the date royalties were due 

3 for that lease.’’; 

4 (2) by striking subsection (j); and 

5 (3) in subsection (k)(4)— 

6 (A) by striking ‘‘or overpaid royalties and 

7 associated interest’’; and 

8 (B) by striking ‘‘, refunded, or credited’’. 

9 SEC. 307. ADJUSTMENTS AND REFUNDS. 

10 Section 111A of the Federal Oil and Gas Royalty 

11 Management Act of 1982 (30 U.S.C. 1721a) is amend12 ed— 

13 (1) in subsection (a)(3), by inserting ‘‘(A)’’ 

14 after ‘‘(3)’’, and by striking the last sentence and in15 serting the following: 

16 ‘‘(B) Except as provided in subparagraph 

17 (C), no adjustment may be made with respect 

18 to an obligation that is the subject of an audit 

19 or compliance review after completion of the 

20 audit or compliance review, respectively, unless 

21 such adjustment is approved by the Secretary 

22 or the applicable delegated State, as appro23 priate. 


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1 ‘‘(C) If an overpayment is identified during 

2 an audit, the Secretary shall allow a credit in 

3 the amount of the overpayment.’’; 

4 (2) in subsection (a)(4)— 

5 (A) by striking ‘‘six’’ and inserting ‘‘four’’; 

6 and 

7 (B) by striking ‘‘shall’’ the second place it 

8 appears and inserting ‘‘may’’; and 

9 (3) in subsection (b)(1) by striking ‘‘and’’ after 

10 the semicolon at the end of subparagraph (C), by 

11 striking the period at the end of subparagraph (D) 

12 and inserting ‘‘; and’’, and by adding at the end the 

13 following: 

14 ‘‘(E) is made within the adjustment period 

15 for that obligation.’’. 

16 SEC. 308. CONFORMING AMENDMENT. 

17 Section 114 of the Federal Oil and Gas Royalty Man18 agement Act of 1982 is repealed. 

19 SEC. 309. OBLIGATION PERIOD. 

20 Section 115(c) of the Federal Oil and Gas Royalty 

21 Management Act of 1982 (30 U.S.C. 1724(c)) is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(3) ADJUSTMENTS.—In the case of an adjust24 ment under section 111A(a) in which a recoupment 

25 by the lessee results in an underpayment of an obliVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 gation, for purposes of this Act the obligation be2 comes due on the date the lessee or its designee 

3 makes the adjustment.’’. 

4 SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND 

5 SUBPOENAS. 

6 (a) TOLLING AGREEMENTS.—Section 115(d)(1) of 

7 the Federal Oil and Gas Royalty Management Act of 1982 

8 (30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no9 tice to the lessee who designated the designee)’’. 

10 (b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed11 eral Oil and Gas Royalty Management Act of 1982 (30 

12 U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no13 tice to the lessee who designated the designee, which notice 

14 shall not constitute a subpoena to the lessee)’’. 

15 SEC. 311. APPEALS AND FINAL AGENCY ACTION. 

16 Paragraphs (1) and (2) of section 115(h) the Federal 

17 Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 

18 1724(h)) are amended by striking ‘‘33’’ each place it ap19 pears and inserting ‘‘48’’. 

20 SEC. 312. ASSESSMENTS. 

21 Section 116 of the Federal Oil and Gas Royalty Man22 agement Act of 1982 (30 U.S.C. 1724) is repealed. 


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1 SEC. 313. COLLECTION AND PRODUCTION ACCOUNT2 ABILITY. 

3 (a) PILOT PROJECT.—Within 2 years after the date 

4 of enactment of this Act, the Secretary shall complete a 

5 pilot project with willing operators of oil and gas leases 

6 on the Outer Continental Shelf that assesses the costs and 

7 benefits of automatic transmission of oil and gas volume 

8 and quality data produced under Federal leases on the 

9 Outer Continental Shelf in order to improve the produc10 tion verification systems used to ensure accurate royalty 

11 collection and audit. 

12 (b) REPORT.—The Secretary shall submit to Con13 gress a report on findings and recommendations of the 

14 pilot project within 3 years after the date of enactment 

15 of this Act. 

16 SEC. 314. NATURAL GAS REPORTING. 

17 The Secretary shall, within 180 days after the date 

18 of enactment of this Act, implement the steps necessary 

19 to ensure accurate determination and reporting of BTU 

20 values of natural gas from all Federal oil and gas leases 

21 to ensure accurate royalty payments to the United States. 

22 Such steps shall include, but not be limited to— 

23 (1) establishment of consistent guidelines for 

24 onshore and offshore BTU information from gas 

25 producers; 


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1 (2) development of a procedure to determine 

2 the potential BTU variability of produced natural 

3 gas on a by-reservoir or by-lease basis; 

4 (3) development of a procedure to adjust BTU 

5 frequency requirements for sampling and reporting 

6 on a case-by-case basis; 

7 (4) systematic and regular verification of BTU 

8 information; and 

9 (5) revision of the ‘‘MMS–2014’’ reporting 

10 form to record, in addition to other information al11 ready required, the natural gas BTU values that 

12 form the basis for the required royalty payments. 

13 SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING 

14 OF DATA. 

15 (a) IN GENERAL.—The Secretary shall issue regula16 tions by not later than 1 year after the date of enactment 

17 of this Act that establish a civil penalty for late or incor18 rect reporting of data under the Federal Oil and Gas Roy19 alty Management Act of 1982 (30 U.S.C. 1701 et seq.). 

20 (b) AMOUNT.—The amount of the civil penalty shall 

21 be— 

22 (1) an amount (subject to paragraph (2)) that 

23 the Secretary determines is sufficient to ensure filing 

24 of data in accordance with that Act; and 


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1 (2) not less than $10 for each failure to file 

2 correct data in accordance with that Act. 

3 (c) CONTENT OF REGULATIONS.—Except as provided 

4 in subsection (b), the regulations issued under this section 

5 shall be substantially similar to part 216.40 of title 30, 

6 Code of Federal Regulations, as most recently in effect 

7 before the date of enactment of this Act. 

8 SEC. 316. REQUIRED RECORDKEEPING. 

9 Within 1 year after the date of enactment of this Act, 

10 the Secretary shall publish final regulations concerning re11 quired recordkeeping of natural gas measurement data as 

12 set forth in part 250.1203 of title 30, Code of Federal 

13 Regulations (as in effect on the date of enactment of this 

14 Act), to include operators and other persons involved in 

15 the transporting, purchasing, or selling of gas under the 

16 requirements of that rule, under the authority provided 

17 in section 103 of the Federal Oil and Gas Royalty Man18 agement Act of 1982 (30 U.S.C. 1713). 

19 SEC. 317. SHARED CIVIL PENALTIES. 

20 Section 206 of the Federal Oil and Gas Royalty Man21 agement Act of 1982 (30 U.S.C. 1736) is amended by 

22 striking ‘‘Such amount shall be deducted from any com23 pensation due such State or Indian tribe under section 

24 202 or such State under section 205.’’. 


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1 SEC. 318. ENTITLEMENTS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary shall publish final regulations 

4 prescribing when a Federal lessee or designee must report 

5 and pay royalties on the volume of oil and gas it takes 

6 under either a Federal or Indian lease or on the volume 

7 to which it is entitled to based upon its ownership interest 

8 in the Federal or Indian lease. The Secretary shall give 

9 consideration to requiring 100 percent entitlement report10 ing and paying based upon the lease ownership. 

11 SEC. 319. LIMITATION ON ROYALTY IN-KIND PROGRAM. 

12 Section 36 of the Mineral Leasing Act (30 U.S.C. 

13 192) is amended by inserting before the period at the end 

14 of the first sentence the following: ‘‘, except that the Sec15 retary shall not conduct a regular program to take oil and 

16 gas lease royalties in oil or gas’’. 

17 SEC. 320. APPLICATION OF ROYALTY TO OIL THAT IS 

18 SAVED, REMOVED, SOLD, OR DISCHARGED 

19 UNDER OFFSHORE OIL AND GAS LEASES. 

20 Section 8(a) of the Outer Continental Shelf Lands 

21 Act (43 U.S.C. 1337(a)) is further amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(10)(A) Any royalty under a lease under this section 

24 shall apply to all oil that is saved, removed, sold, or dis25 charged, without regard to whether any of the oil is un26 avoidably lost or used on, or for the benefit of, the lease. 


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1 ‘‘(B) In this paragraph the term ‘discharged’ means 

2 any emission (other than natural seepage), intentional or 

3 unintentional, and includes, but is not limited to, spilling, 

4 leaking, pumping, pouring, emitting, emptying, or dump5 ing.’’. 

6 SEC. 321. DISPOSITION OF REVENUE. 

7 (a) USE FOR SAFETY, INSPECTION, AND ENFORCE8 MENT.—Of the amounts received by the United States 

9 under subtitle B of title II and this title— 

10 (1) there shall be available to the Secretary, the 

11 Administrator of the National Ocean and Atmos12 pheric Administration, and the Commandant of the 

13 Coast Guard, without further appropriation, 

14 $50,000,000 for each fiscal year for each agency to 

15 carry out any duties or responsibilities related to 

16 safety, inspection, and enforcement authorities pro17 vided this Act; andthere shall be available to the 

18 Secretary, the Administrator of the National Ocean 

19 and Atmospheric Administration, and the Com20 mandant of the Coast Guard, without further appro21 priation, such sums as may be necessary to carry 

22 out any duties or responsibilities related to safety, 

23 inspection, and enforcement authorities provided by 

24 this Act; and 


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1 (2) there shall be available, without further ap2 propriation, $48,000,000 for each of the fiscal years 

3 2012 through 2016 to carry out the functions de4 scribed in section 634. 

5 (b) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 

6 Notwithstanding any other provision of law, any amounts 

7 received by the United States under this title that are not 

8 used in a given calendar year shall be deposited in the 

9 Treasury and used for Federal budget deficit reduction 

10 or, if there is no Federal budget deficit, for reducing the 

11 Federal debt in such manner as the Secretary of the 

12 Treasury considers appropriate. 

13 TITLE IV—GULF OF MEXICO 

14 RESTORATION 

15 SEC. 401. SHORT TITLE. 

16 This title may be cited as the ‘‘Gulf Coast Restora17 tion Act’’. 

18 SEC. 402. GULF COAST ECOSYSTEM RESTORATION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CHAIR.—The term ‘‘Chair’’ means the 

21 Chair of the Task Force appointed under subsection 

22 (d)(3). 

23 (2) STATE COASTAL ECOSYSTEM RESTORATION

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1 toration Plan’’ means a plan submitted under sub2 section (c) by a qualifying State to the Task Force. 

3 (3) FUND.—The term ‘‘Fund’’ means the Gulf 

4 Coast Ecosystem Restoration Fund established by 

5 subsection (b)(2)(A). 

6 (4) GOVERNORS.—The term ‘‘Governors’’ 

7 means the Governors of each of the States of Ala8 bama, Florida, Louisiana, Mississippi, and Texas. 

9 (5) GULF COAST ECOSYSTEM.—The term ‘‘Gulf 

10 Coast ecosystem’’ means the coastal zones, as deter11 mined pursuant to the Coastal Zone Management 

12 Act of 1972 (16 U.S.C. 1451 et seq.), of the States 

13 of Alabama, Florida, Louisiana, Mississippi, and 

14 Texas and adjacent State waters and areas of the 

15 Outer Continental Shelf, adversely impacted by the 

16 blowout and explosion of the mobile offshore drilling 

17 unit Deepwater Horizon that occurred on April 20, 

18 2010, and resulting hydrocarbon releases into the 

19 environment. 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (7) QUALIFYING STATE.—The term ‘‘qualifying 

23 State’’ means each of the States of Alabama, Flor24 ida, Louisiana, Mississippi, and Texas. 


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1 (8) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Gulf Coast Ecosystem Restoration Task 

3 Force established by subsection (d). 

4 (b) GULF COAST ECOSYSTEM RESTORATION.— 

5 (1) IN GENERAL.—In accordance with this sec6 tion, the Chair shall review and approve or dis7 approve State Coastal Ecosystem Restoration Plans 

8 submitted by the Governors that provide for restora9 tion activities with respect to the Gulf Coast eco10 system. 

11 (2) GULF COAST ECOSYSTEM RESTORATION

12 FUND.— 

13 (A) ESTABLISHMENT.—There is estab14 lished in the Treasury of the United States a 

15 fund to be known as the ‘‘Gulf Coast Eco16 system Restoration Fund’’. 

17 (B) TRANSFERS TO FUND.—Notwith18 standing any other provision of law, the Sec19 retary of the Treasury shall deposit into the 

20 Fund amounts equal to not less than 80 per21 cent of any amounts collected by the United 

22 States as penalties, settlements, or fines under 

23 sections 309 and 311 of the Federal Water Pol24 lution Control Act (33 U.S.C. 1319, 1321) in 

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1 bile offshore drilling unit Deepwater Horizon 

2 that occurred on April 20, 2010, and resulting 

3 hydrocarbon releases into the environment. 

4 (C) AUTHORIZED USES.—The Fund shall 

5 be available to the Chair for the conservation, 

6 protection, and restoration of the Gulf Coast 

7 ecosystem in accordance with State Coastal 

8 Ecosystem Restoration Plans submitted by the 

9 Governors and approved by the Chair under 

10 this section. 

11 (3) DISBURSEMENT.—The Chair shall disburse 

12 to each qualifying State for which the Chair has ap13 proved a State Coastal Ecosystem Restoration Plan 

14 under this section such funds as are allocated to the 

15 qualifying State under this section. 

16 (4) USE OF FUNDS BY QUALIFYING STATE.—A 

17 qualifying State shall use all amounts received under 

18 this section, including any amount deposited in a 

19 trust fund that is administered by the State and 

20 dedicated to uses consistent with this section, in ac21 cordance with all applicable Federal and State law, 

22 only for 1 or more of the following purposes: 

23 (A) Projects and activities for the con24 servation, protection, or restoration of coastal 

25 areas, including wetlands. 


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1 (B) Mitigation of damage to fish, wildlife, 

2 or natural resources. 

3 (C) Planning assistance and the adminis4 trative costs of complying with this section. 

5 (D) Implementation of a federally ap6 proved marine, coastal, or comprehensive con7 servation management plan. 

8 (c) STATE COASTAL ECOSYSTEM RESTORATION

9 PLAN.— 

10 (1) SUBMISSION OF STATE PLANS.— 

11 (A) IN GENERAL.—Not later than October 

12 1, 2011, the Governor of a qualifying State 

13 shall submit to the Chair a State Coastal Eco14 system Restoration Plan. 

15 (B) PUBLIC PARTICIPATION.—In carrying 

16 out subparagraph (A), the Governor shall solicit 

17 local input and provide for public participation 

18 in the development of the plan. 

19 (2) APPROVAL.— 

20 (A) IN GENERAL.—The Chair must ap21 prove a plan of a qualifying State submitted 

22 under paragraph (1) before disbursing any 

23 amount to the qualifying State under this sec24 tion. 


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1 (B) REQUIRED COMPONENTS.—The Chair 

2 shall approve a plan submitted by a qualifying 

3 State under paragraph (1) if— 

4 (i) the Chair determines that the plan 

5 is consistent with the uses described in 

6 subsection (b); and 

7 (ii) the plan contains— 

8 (I) the name of the State agency 

9 that will have the authority to rep10 resent and act on behalf of the State 

11 in dealing with the Secretary for pur12 poses of this section; 

13 (II) a program for the implemen14 tation of the plan that describes how 

15 the amounts provided under this sec16 tion to the qualifying State will be 

17 used; and 

18 (III) a certification by the Gov19 ernor that ample opportunity has been 

20 provided for public participation in 

21 the development and revision of the 

22 plan. 

23 (3) AMENDMENTS.—Any amendment to a plan 

24 submitted under paragraph (1) shall be— 


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1 (A) developed in accordance with this sub2 section; and 

3 (B) submitted to the Chair for approval or 

4 disapproval under paragraph (4). 

5 (4) PROCEDURE.—Not later than 60 days after 

6 the date on which a plan or amendment to a plan 

7 is submitted under paragraph (1) or (3), respec8 tively, the Chair shall approve or disapprove the plan 

9 or amendment. 

10 (d) GULF COAST ECOSYSTEM RESTORATION TASK

11 FORCE.— 

12 (1) ESTABLISHMENT.—There is established the 

13 Gulf Coast Ecosystem Restoration Task Force. 

14 (2) MEMBERSHIP.—The Task Force shall con15 sist of the following members, or in the case of a 

16 Federal agency, a designee at the level of Assistant 

17 Secretary or the equivalent: 

18 (A) The Secretary. 

19 (B) The Secretary of Commerce. 

20 (C) The Secretary of the Army. 

21 (D) The Attorney General. 

22 (E) The Secretary of Homeland Security. 

23 (F) The Administrator of the Environ24 mental Protection Agency. 

25 (G) The Commandant of the Coast Guard. 


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1 (H) The Secretary of Transportation. 

2 (I) The Secretary of Agriculture. 

3 (J) A representative of each affected In4 dian tribe, appointed by the Secretary based on 

5 the recommendations of the tribal chairman. 

6 (K) Two representatives of each of the 

7 States of Alabama, Florida, Louisiana, Mis8 sissippi, and Texas, appointed by the Governor 

9 of each State, respectively. 

10 (L) Two representatives of local govern11 ment within each of the States of Alabama, 

12 Florida, Louisiana, Mississippi, and Texas, ap13 pointed by the Governor of each State, respec14 tively. 

15 (3) CHAIR.—The Chair of the Task Force shall 

16 be appointed by the President from among the mem17 bers under paragraph (2) who are Federal officials. 

18 (4) DUTIES OF THE TASK FORCE.—The Task 

19 Force shall— 

20 (A) consult with, and provide recommenda21 tions to, the Chair regarding the approval of 

22 State Coastal Ecosystem Restoration Plans; 

23 (B) coordinate scientific and other re24 search associated with restoration of the Gulf 

25 Coast ecosystem; and 


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1 (C) submit an annual report to Congress 

2 that summarizes the State Coastal Ecosystem 

3 Restoration Plans submitted by the Governors 

4 and approved by the Chair. 

5 (5) APPLICATION OF THE FEDERAL ADVISORY

6 COMMITTEE ACT.—The Task Force shall not be con7 sidered an advisory committee under the Federal 

8 Advisory Committee Act (5 U.S.C. App.). 

9 TITLE V—COORDINATION AND 

10 PLANNING 

11 SEC. 501. REGIONAL COORDINATION. 

12 (a) IN GENERAL.—The purpose of this title is to pro13 mote— 

14 (1) better coordination, communication, and 

15 collaboration between Federal agencies with authori16 ties for ocean, coastal, and Great Lakes manage17 ment; and 

18 (2) coordinated and collaborative regional plan19 ning efforts using the best available science, and to 

20 ensure the protection and maintenance of marine 

21 ecosystem health, in decisions affecting the sustain22 able development and use of Federal renewable and 

23 nonrenewable resources on, in, or above the ocean 

24 (including the Outer Continental Shelf) and the 


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1 Great Lakes for the long-term economic and envi2 ronmental benefit of the United States. 

3 (b) OBJECTIVES OF REGIONAL EFFORTS.—Such re4 gional efforts shall achieve the following objectives: 

5 (1) Greater systematic communication and co6 ordination among Federal, coastal State, and af7 fected tribal governments concerned with the con8 servation of and the sustainable development and 

9 use of Federal renewable and nonrenewable re10 sources of the oceans, coasts, and Great Lakes. 

11 (2) Greater reliance on a multiobjective, 

12 science- and ecosystem-based, spatially explicit man13 agement approach that integrates regional economic, 

14 ecological, affected tribal, and social objectives into 

15 ocean, coastal, and Great Lakes management deci16 sions. 

17 (3) Identification and prioritization of shared 

18 State and Federal ocean, coastal, and Great Lakes 

19 management issues. 

20 (4) Identification of data and information need21 ed by the Regional Coordination Councils established 

22 under section 602. 

23 (c) REGIONS.—There are hereby designated the fol24 lowing Coordination Regions: 


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1 (1) PACIFIC REGION.—The Pacific Coordination 

2 Region, which shall consist of the coastal waters and 

3 Exclusive Economic Zone adjacent to the States of 

4 Washington, Oregon, and California. 

5 (2) GULF OF MEXICO REGION.—The Gulf of 

6 Mexico Coordination Region, which shall consist of 

7 the coastal waters and Exclusive Economic Zone ad8 jacent to the States of Texas, Louisiana, Mississippi, 

9 and Alabama, and the west coast of Florida. 

10 (3) NORTH ATLANTIC REGION.—The North At11 lantic Coordination Region, which shall consist of 

12 the coastal waters and Exclusive Economic Zone ad13 jacent to the States of Maine, New Hampshire, Mas14 sachusetts, Rhode Island, and Connecticut. 

15 (4) MID-ATLANTIC REGION.—The Mid-Atlantic 

16 Coordination Region, which shall consist of the 

17 coastal waters and Exclusive Economic Zone adja18 cent to the States of New York, New Jersey, Penn19 sylvania, Delaware, Maryland, and Virginia. 

20 (5) SOUTH ATLANTIC REGION.—The South At21 lantic Coordination Region, which shall consist of 

22 the coastal waters and Exclusive Economic Zone ad23 jacent to the States of North Carolina, South Caro24 lina, Georgia, the east coast of Florida, and the 

25 Straits of Florida Planning Area. 


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1 (6) ALASKA REGION.—The Alaska Coordination 

2 Region, which shall consist of the coastal waters and 

3 Exclusive Economic Zone adjacent to the State of 

4 Alaska. 

5 (7) PACIFIC ISLANDS REGION.—The Pacific Is6 lands Coordination Region, which shall consist of the 

7 coastal waters and Exclusive Economic Zone adja8 cent to the State of Hawaii, the Commonwealth of 

9 the Northern Mariana Islands, American Samoa, 

10 and Guam. 

11 (8) CARIBBEAN REGION.—The Caribbean Co12 ordination Region, which shall consist of the coastal 

13 waters and Exclusive Economic Zone adjacent to 

14 Puerto Rico and the United States Virgin Islands. 

15 (9) GREAT LAKES REGION.—The Great Lakes 

16 Coordination Region, which shall consist of waters of 

17 the Great Lakes in the States of Illinois, Indiana, 

18 Michigan, Minnesota, New York, Ohio, Pennsyl19 vania, and Wisconsin. 

20 SEC. 502. REGIONAL COORDINATION COUNCILS. 

21 (a) IN GENERAL.—Within 180 days after the date 

22 of enactment of this Act, the Chairman of the Council on 

23 Environmental Quality, in consultation with the affected 

24 coastal States and affected Indian tribes, shall establish 


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1 or designate a Regional Coordination Council for each of 

2 the Coordination Regions designated by section 601(c). 

3 (b) MEMBERSHIP.— 

4 (1) FEDERAL REPRESENTATIVES.—Within 90 

5 days after the date of enactment of this Act, the 

6 Chairman of the Council on Environmental Quality 

7 shall publish the titles of the officials of each Fed8 eral agency and department that shall participate in 

9 each Council. The Councils shall include representa10 tives of each Federal agency and department that 

11 has authorities related to the development of ocean, 

12 coastal, or Great Lakes policies or engages in plan13 ning, management, or scientific activities that sig14 nificantly affect or inform the use of ocean, coastal, 

15 or Great Lakes resources. The Chairman of the 

16 Council on Environmental Quality shall determine 

17 which Federal agency representative shall serve as 

18 the chairperson of each Council. 

19 (2) COASTAL STATE REPRESENTATIVES.— 

20 (A) NOTICE OF INTENT TO PARTICI21 PATE.—The Governor of each coastal State 

22 within each Coordination Region designated by 

23 section 601(c) shall within 3 months after the 

24 date of enactment of this Act, inform the Chair25 man of the Council on Environmental Quality 


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1 whether or not the State intends to participate 

2 in the Regional Coordination Council for the 

3 Region. 

4 (B) APPOINTMENT OF RESPONSIBLE

5 STATE OFFICIAL.—If a coastal State intends to 

6 participate in such Council, the Governor of the 

7 coastal State shall appoint an officer or em8 ployee of the coastal State agency with primary 

9 responsibility for overseeing ocean and coastal 

10 policy or resource management to that Council. 

11 (C) ALASKA REGIONAL COORDINATION

12 COUNCIL.—The Regional Coordination Council 

13 for the Alaska Coordination Region shall in14 clude representation from each of the States of 

15 Alaska, Washington, and Oregon, if appointed 

16 by the Governor of that State in accordance 

17 with this paragraph. 

18 (3) REGIONAL FISHERY MANAGEMENT COUNCIL

19 REPRESENTATION.—A representative of each Re20 gional Fishery Management Council with jurisdiction 

21 in the Coordination Region of a Regional Coordina22 tion Council (who is selected by the Regional Fish23 ery Management Council) and the executive director 

24 of the interstate marine fisheries commission with 

25 jurisdiction in the Coordination Region of a Regional 


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1 Coordination Council shall each serve as a member 

2 of the Council. 

3 (4) REGIONAL OCEAN PARTNERSHIP REP4 RESENTATION.—A representative of any Regional 

5 Ocean Partnership that has been established for any 

6 part of the Coordination Region of a Regional Co7 ordination Council may appoint a representative to 

8 serve on the Council in addition to any Federal or 

9 State appointments. 

10 (5) TRIBAL REPRESENTATION.—An appropriate 

11 tribal official selected by affected Indian tribes situ12 ated in the affected Coordination Region may elect 

13 to appoint a representative of such tribes collectively 

14 to serve as a member of the Regional Coordination 

15 Council for that Region. 

16 (6) LOCAL REPRESENTATION.—The Chairman 

17 of the Council on Environmental Quality shall, in 

18 consultation with the Governors of the coastal States 

19 within each Coordination Region, identify and ap20 point representatives of county and local govern21 ments, as appropriate, to serve as members of the 

22 Regional Coordination Council for that Region. 

23 (c) ADVISORY COMMITTEE.—Each Regional Coordi24 nation Council shall establish advisory committees for the 

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1 vice, made up of a balanced representation from the en2 ergy, shipping, transportation, commercial and rec3 reational fishing, and recreation industries, from marine 

4 environmental nongovernmental organizations, and from 

5 scientific and educational authorities with expertise in the 

6 conservation and management of ocean, coastal, and 

7 Great Lakes resources to advise the Council during the 

8 development of Regional Assessments and Regional Stra9 tegic Plans and in its other activities. 

10 (d) COORDINATION WITH EXISTING PROGRAMS.— 

11 Each Regional Coordination Council shall build upon and 

12 complement current State, multistate, and regional capac13 ity and governance and institutional mechanisms to man14 age and protect ocean waters, coastal waters, and ocean 

15 resources. 

16 SEC. 503. REGIONAL STRATEGIC PLANS. 

17 (a) INITIAL REGIONAL ASSESSMENT.— 

18 (1) IN GENERAL.—Each Regional Coordination 

19 Council, shall, within one year after the date of en20 actment of this Act, prepare an initial assessment of 

21 its Coordination Region that shall identify defi22 ciencies in data and information necessary to in23 formed decisionmaking by Federal, State, and af24 fected tribal governments concerned with the con25 servation of and management of the oceans, coasts, 


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1 and Great Lakes. Each initial assessment shall to 

2 the extent feasible— 

3 (A) identify the Coordination Region’s re4 newable and non renewable resources, including 

5 current and potential energy resources, except 

6 for the assessment for the Great Lakes Coordi7 nation Region, for which the Regional Coordi8 nation Council for such Coordination Region 

9 shall only identify the Great Lakes Coordina10 tion Region’s renewable energy resources, in11 cluding current and potential renewable energy 

12 resources; 

13 (B) identify and include a spatially and 

14 temporally explicit inventory of existing and po15 tential uses of the Coordination Region, includ16 ing fishing and fish habitat, recreation, and en17 ergy development; 

18 (C) document the health and relative envi19 ronmental sensitivity of the marine ecosystem 

20 within the Coordination Region, including a 

21 comprehensive survey and status assessment of 

22 species, habitats, and indicators of ecosystem 

23 health; 


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1 (D) identify marine habitat types and im2 portant ecological areas within the Coordination 

3 Region; 

4 (E) assess the Coordination Region’s ma5 rine economy and cultural attributes and in6 clude regionally-specific ecological and socio7 economic baseline data; 

8 (F) identify and prioritize additional sci9 entific and economic data necessary to inform 

10 the development of Strategic Plans; and 

11 (G) include other information to improve 

12 decision making as determined by the Regional 

13 Coordination Council. 

14 (2) DATA.—Each initial assessment shall— 

15 (A) use the best available data; 

16 (B) collect and provide data in a spatially 

17 explicit manner wherever practicable and pro18 vide such data to the interagency comprehensive 

19 digital mapping initiative as described in section 

20 2 of Public Law 109–58 (42 U.S.C. 15801); 

21 and 

22 (C) make publicly available any such data 

23 that is not classified information. 

24 (3) PUBLIC PARTICIPATION.—Each Regional 

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1 tunity for review and input by stakeholders and the 

2 general public during the preparation of the initial 

3 assessment and any revised assessments. 

4 (b) REGIONAL STRATEGIC PLANS.— 

5 (1) REQUIREMENT.—Each Regional Coordina6 tion Council shall, within 3 years after the comple7 tion of the initial regional assessment, prepare and 

8 submit to the Chairman of the Council on Environ9 mental Quality a multiobjective, science- and eco10 system-based, spatially explicit, integrated Strategic 

11 Plan in accordance with this subsection for the 

12 Council’s Coordination Region. 

13 (2) OBJECTIVE AND GOALS.—The objective of 

14 the Strategic Plans under this subsection shall be to 

15 foster comprehensive, integrated, and sustainable de16 velopment and use of ocean, coastal, and Great 

17 Lakes resources, while protecting marine ecosystem 

18 health and sustaining the long-term economic and 

19 ecosystem values of the oceans, coasts, and Great 

20 Lakes. 

21 (3) CONTENTS.—Each Strategic Plan prepared 

22 by a Regional Coordination Council shall— 

23 (A) be based on the initial regional assess24 ment and updates for the Coordination Region 

25 under subsections (a) and (c), respectively; 


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1 (B) foster the sustainable and integrated 

2 development and use of ocean, coastal, and 

3 Great Lakes resources in a manner that pro4 tects the health of marine ecosystems; 

5 (C) identify areas with potential for siting 

6 and developing renewable and nonrenewable en7 ergy resources in the Coordination Region cov8 ered by the Strategic Plan, except for the Stra9 tegic Plan for the Great Lakes Coordination 

10 Region which shall identify only areas with po11 tential for siting and developing renewable en12 ergy resources in the Great Lakes Coordination 

13 Region; 

14 (D) identify other current and potential 

15 uses of the ocean and coastal resources in the 

16 Coordination Region; 

17 (E) identify and recommend long-term 

18 monitoring needs for ecosystem health and so19 cioeconomic variables within the Coordination 

20 Region covered by the Strategic Plan; 

21 (F) identify existing State and Federal 

22 regulating authorities within the Coordination 

23 Region covered by the Strategic Plan and meas24 ures to assist those authorities in carrying out 

25 their responsibilities; 


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1 (G) identify best available technologies to 

2 minimize adverse environmental impacts and 

3 use conflicts in the development of ocean and 

4 coastal resources in the Coordination Region; 

5 (H) identify additional research, informa6 tion, and data needed to carry out the Strategic 

7 Plan; 

8 (I) identify performance measures and 

9 benchmarks for purposes of fulfilling the re10 sponsibilities under this section to be used to 

11 evaluate the Strategic Plan’s effectiveness; 

12 (J) define responsibilities and include an 

13 analysis of the gaps in authority, coordination, 

14 and resources, including funding, that must be 

15 filled in order to fully achieve those perform16 ance measures and benchmarks; and 

17 (K) include such other information at the 

18 Chairman of the Council on Environmental 

19 Quality determines is appropriate. 

20 (4) PUBLIC PARTICIPATION.—Each Regional 

21 Coordination Council shall provide adequate oppor22 tunities for review and input by stakeholders and the 

23 general public during the development of the Stra24 tegic Plan and any Strategic Plan revisions. 


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1 (c) UPDATED REGIONAL ASSESSMENTS.—Each Re2 gional Coordination Council shall update the initial re3 gional assessment prepared under subsection (a) in coordi4 nation with each Strategic Plan revision under subsection 

5 (e), to provide more detailed information regarding the re6 quired elements of the assessment and to include any rel7 evant new information that has become available in the 

8 interim. 

9 (d) REVIEW AND APPROVAL.— 

10 (1) COMMENCEMENT OF REVIEW.—Within 10 

11 days after receipt of a Strategic Plan under this sec12 tion, or any revision to such a Strategic Plan, from 

13 a Regional Coordination Council, the Chairman of 

14 the Council of Environmental Quality shall com15 mence a review of the Strategic Plan or the revised 

16 Strategic Plan, respectively. 

17 (2) PUBLIC NOTICE AND COMMENT.—Imme18 diately after receipt of such a Strategic Plan or revi19 sion, the Chairman of the Council of Environmental 

20 Quality shall publish the Strategic Plan or revision 

21 in the Federal Register and provide an opportunity 

22 for the submission of public comment for a 90-day 

23 period beginning on the date of such publication. 

24 (3) REQUIREMENTS FOR APPROVAL.—Before 

25 approving a Strategic Plan, or any revision to a 


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1 Strategic Plan, the Chairman of the Council on En2 vironmental Quality must find that the Strategic 

3 Plan or revision— 

4 (A) complies with subsection (b); and 

5 (B) complies with the purposes of this title 

6 as identified in section 601(a) and the objec7 tives identified in section 601(b). 

8 (4) DEADLINE FOR COMPLETION.—Within 180 

9 days after the receipt of a Strategic Plan, or a revi10 sion to a Strategic Plan, the Chairman of the Coun11 cil of Environmental Quality shall approve or dis12 approve the Strategic Plan or revision. If the Chair13 man disapproves the Strategic Plan or revision, the 

14 Chairman shall transmit to the Regional Coordina15 tion Council that submitted the Strategic Plan or re16 vision, an identification of the deficiencies and rec17 ommendations to improve it. The Council shall sub18 mit a revised Strategic Plan or revision to such plan 

19 with 180 days after receiving the recommendations 

20 from the Chairman. 

21 (e) PLAN REVISION.—Each Strategic Plan shall be 

22 reviewed and revised by the relevant Regional Coordina23 tion Council at least once every 5 years. Such review and 

24 revision shall be based on the most recently updated re25 gional assessment. Any proposed revisions to the Strategic 


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1 Plan shall be submitted to the Chairman of the Council 

2 on Environmental Quality for review and approval pursu3 ant to this section. 

4 SEC. 504. REGULATIONS AND SAVINGS CLAUSE. 

5 (a) REGULATIONS.—The Chairman of the Council on 

6 Environmental Quality may issue such regulations as the 

7 Chairman considers necessary to implement sections 601 

8 through 603. 

9 (b) SAVINGS CLAUSE.—Nothing in this title shall be 

10 construed to affect existing authorities under Federal law. 

11 SEC. 505. OCEAN RESOURCES CONSERVATION AND ASSIST12 ANCE FUND. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established in the 

15 Treasury of the United States a separate account to 

16 be known as the Ocean Resources Conservation and 

17 Assistance Fund. 

18 (2) CREDITS.—The ORCA Fund shall be cred19 ited with such sums as may be necessary. 

20 (3) ALLOCATION OF THE ORCA FUND.—Of the 

21 amounts appropriated from the ORCA Fund each 

22 fiscal year— 

23 (A) 70 percent shall be allocated to the 

24 Secretary, of which— 


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1 (i) one-half shall be used to make 

2 grants to coastal States and affected In3 dian tribes under subsection (b); and 

4 (ii) one-half shall be used for the 

5 ocean, coastal, and Great Lakes grants 

6 program established by subsection (c); 

7 (B) 20 percent shall be allocated to the 

8 Secretary to carry out the purposes of sub9 section (e); and 

10 (C) 10 percent shall be allocated to the 

11 Secretary to make grants to Regional Ocean 

12 Partnerships under subsection (d) and the Re13 gional Coordination Councils established under 

14 section 602. 

15 (4) PROCEDURES.—The Secretary shall estab16 lish application, review, oversight, financial account17 ability, and performance accountability procedures 

18 for each grant program for which funds are allo19 cated under this subsection. 

20 (b) GRANTS TO COASTAL STATES.— 

21 (1) GRANT AUTHORITY.—The Secretary may 

22 use amounts allocated under subsection 

23 (a)(3)(A)(i)(I) to make grants to— 

24 (A) coastal States pursuant to the formula 

25 established under section 306(c) of the Coastal 


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1 Zone Management Act of 1972 (16 U.S.C. 

2 1455(c)); and 

3 (B) affected Indian tribes based on and 

4 proportional to any specific coastal and ocean 

5 management authority granted to an affected 

6 tribe pursuant to affirmation of a Federal re7 served right. 

8 (2) ELIGIBILITY.—To be eligible to receive a 

9 grant under this subsection, a coastal State or af10 fected Indian tribe must prepare and revise a 5-year 

11 plan and annual work plans that— 

12 (A) demonstrate that activities for which 

13 the coastal State or affected Indian tribe will 

14 use the funds are consistent with the eligible 

15 uses of the Fund described in subsection (f); 

16 and 

17 (B) provide mechanisms to ensure that 

18 funding is made available to government, non19 government, and academic entities to carry out 

20 eligible activities at the county and local level. 

21 (3) APPROVAL OF STATE AND AFFECTED TRIB22 AL PLANS.— 

23 (A) IN GENERAL.—Plans required under 

24 paragraph (2) must be submitted to and ap25 proved by the Secretary. 


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1 (B) PUBLIC INPUT AND COMMENT.—In de2 termining whether to approve such plans, the 

3 Secretary shall provide opportunity for, and 

4 take into consideration, public input and com5 ment on the plans from stakeholders and the 

6 general public. 

7 (4) ENERGY PLANNING GRANTS.—For each of 

8 the fiscal years 2011 through 2015, the Secretary 

9 may use funds allocated for grants under this sub10 section to make grants to coastal States and affected 

11 tribes under section 320 of the Coastal Zone Man12 agement Act of 1972 (16 U.S.C. 1451 et seq.), as 

13 amended by this Act. 

14 (5) USE OF FUNDS.—Any amounts provided as 

15 a grant under this subsection, other than as a 

16 grants under paragraph (4), may only be used for 

17 activities described in subsection (f). 

18 (c) OCEAN AND COASTAL COMPETITIVE GRANTS

19 PROGRAM.— 

20 (1) ESTABLISHMENT.—The Secretary shall use 

21 amounts allocated under subsection (a)(3)(A)(I)(II) 

22 to make competitive grants for conservation and 

23 management of ocean, coastal, and Great Lakes eco24 systems and marine resources. 


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1 (2) OCEAN, COASTAL, AND GREAT LAKES RE2 VIEW PANEL.— 

3 (A) IN GENERAL.—The Secretary shall es4 tablish an Ocean, Coastal, and Great Lakes Re5 view Panel (in this subsection referred to as the 

6 ‘‘Panel’’), which shall consist of 12 members 

7 appointed by the Secretary with expertise in the 

8 conservation and management of ocean, coastal, 

9 and Great Lakes ecosystems and marine re10 sources. In appointing members to the Council, 

11 the Secretary shall include a balanced diversity 

12 of representatives of relevant Federal agencies, 

13 the private sector, nonprofit organizations, and 

14 academia. 

15 (B) FUNCTIONS.—The Panel shall— 

16 (i) review, in accordance with the pro17 cedures and criteria established under 

18 paragraph (3), grant applications under 

19 this subsection; 

20 (ii) make recommendations to the 

21 Secretary regarding which grant applica22 tions should be funded and the amount of 

23 each grant; and 


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1 (iii) establish any specific require2 ments, conditions, or limitations on a grant 

3 application recommended for funding. 

4 (3) PROCEDURES AND ELIGIBILITY CRITERIA

5 FOR GRANTS.— 

6 (A) IN GENERAL.—The Secretary shall es7 tablish— 

8 (i) procedures for applying for a grant 

9 under this subsection and criteria for eval10 uating applications for such grants; and 

11 (ii) criteria, in consultation with the 

12 Panel, to determine what persons are eligi13 ble for grants under the program. 

14 (B) ELIGIBLE PERSONS.—Persons eligible 

15 under the criteria under subparagraph (A)(ii) 

16 shall include Federal, State, affected tribal, and 

17 local agencies, fishery or wildlife management 

18 organizations, nonprofit organizations, and aca19 demic institutions. 

20 (4) APPROVAL OF GRANTS.—In making grants 

21 under this subsection the Secretary shall give the 

22 highest priority to the recommendations of the 

23 Panel. If the Secretary disapproves a grant rec24 ommended by the Panel, the Secretary shall explain 

25 that disapproval in writing. 


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1 (5) USE OF GRANT FUNDS.—Any amounts pro2 vided as a grant under this subsection may only be 

3 used for activities described in subsection (f). 

4 (d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 

5 (1) GRANT AUTHORITY.—The Secretary may 

6 use amounts allocated under subsection (a)(3)(A)(iii) 

7 to make grants to Regional Ocean Partnerships. 

8 (2) ELIGIBILITY.—In order to be eligible to re9 ceive a grant, a Regional Ocean Partnership must 

10 prepare and annually revise a plan that— 

11 (A) identifies regional science and informa12 tion needs, regional goals and priorities, and 

13 mechanisms for facilitating coordinated and col14 laborative responses to regional issues; 

15 (B) establishes a process for coordinating 

16 and collaborating with the Regional Coordina17 tion Councils established under section 602 to 

18 address regional issues and information needs 

19 and achieve regional goals and priorities; and 

20 (C) demonstrates that activities to be car21 ried out with such funds are eligible uses of the 

22 funds identified in subsection (f). 

23 (3) APPROVAL BY SECRETARY.—Such plans 

24 must be submitted to and approved by the Sec25 retary. 


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1 (4) PUBLIC INPUT AND COMMENT.—In deter2 mining whether to approve such plans, the Secretary 

3 shall provide opportunity for, and take into consider4 ation, input and comment on the plans from stake5 holders and the general public. 

6 (5) USE OF FUNDS.—Any amounts provided as 

7 a grant under this subsection may only be used for 

8 activities described in subsection (f). 

9 (e) LONG-TERM OCEAN AND COASTAL OBSERVA10 TIONS.— 

11 (1) IN GENERAL.—The Secretary shall use the 

12 amounts allocated under subsection (a)(3)(A)(ii) to 

13 build, operate, and maintain the system established 

14 under section 12304 of Public Law 111–11 (33 

15 U.S.C. 3603), in accordance with the purposes and 

16 policies for which the system was established. 

17 (2) ADMINISTRATION OF FUNDS.—The Sec18 retary shall administer and distribute funds under 

19 this subsection based upon comprehensive system 

20 budgets adopted by the Council referred to in section 

21 12304(c)(1)(A) of the Integrated Coastal and Ocean 

22 Observation System Act of 2009 (33 U.S.C. 

23 3603(c)(1)(A)). 

24 (f) ELIGIBLE USE OF FUNDS.—Any funds made 

25 available under this section may only be used for activities 


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1 that contribute to the conservation, protection, mainte2 nance, and restoration of ocean, coastal, and Great Lakes 

3 ecosystems in a manner that is consistent with Federal 

4 environmental laws and that avoids environmental deg5 radation, including— 

6 (1) activities to conserve, protect, maintain, and 

7 restore coastal, marine, and Great Lakes ecosystem 

8 health; 

9 (2) activities to protect marine biodiversity and 

10 living marine and coastal resources and their habi11 tats, including fish populations; 

12 (3) the development and implementation of 

13 multiobjective, science- and ecosystem-based plans 

14 for monitoring and managing the wide variety of 

15 uses affecting ocean, coastal, and Great Lakes eco16 systems and resources that consider cumulative im17 pacts and are spatially explicit where appropriate; 

18 (4) activities to improve the resiliency of those 

19 ecosystems; 

20 (5) activities to improve the ability of those eco21 systems to become more resilient, and to adapt to 

22 and withstand the impacts of climate change and 

23 ocean acidification; 

24 (6) planning for and managing coastal develop25 ment to minimize the loss of life and property assoVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 ciated with sea level rise and the coastal hazards re2 sulting from it; 

3 (7) research, education, assessment, monitoring, 

4 and dissemination of information that contributes to 

5 the achievement of these purposes; 

6 (8) research of, protection of, enhancement to, 

7 and activities to improve the resiliency of culturally 

8 significant areas and resources; and 

9 (9) activities designed to rescue, rehabilitate, 

10 and recover injured marine mammals, marine birds, 

11 and sea turtles. 

12 (g) DEFINITIONS.—In this section: 

13 (1) ORCA FUND.—The term ‘‘ORCA Fund’’ 

14 means the Ocean Resources Conservation and As15 sistance Fund established by this section. 

16 (2) SECRETARY.—Notwithstanding section 2, 

17 the term ‘‘Secretary’’ means the Secretary of Com18 merce. 

19 SEC. 506. WAIVER. 

20 The Federal Advisory Committee Act (5 U.S.C. App.) 

21 shall not apply to the Regional Coordination Councils es22 tablished under section 602. 


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1 TITLE VI—OIL SPILL ACCOUNT2 ABILITY AND ENVIRON3 MENTAL PROTECTION 

4 SEC. 601. SHORT TITLE. 

5 This title may be cited as the ‘‘Oil Spill Account6 ability and Environmental Protection Act of 2011’’. 

7 SEC. 602. REPEAL OF AND ADJUSTMENTS TO LIMITATION 

8 ON LIABILITY. 

9 (a) IN GENERAL.—Section 1004 of the Oil Pollution 

10 Act of 1990 (33 U.S.C. 2704) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2) by adding ‘‘and’’ 

13 after the semicolon at the end; 

14 (B) by striking paragraph (3); and 

15 (C) by redesignating paragraph (4) as 

16 paragraph (3); 

17 (2) in subsection (b)(2) by striking the second 

18 sentence; and 

19 (3) by striking subsection (d)(4) and inserting 

20 the following: 

21 ‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 

22 Not later than 3 years after the date of enactment 

23 of the Oil Spill Accountability and Environmental 

24 Protection Act of 2011, and at least once every 3 

25 years thereafter, the President shall review the limits 


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1 on liability specified in subsection (a) and shall by 

2 regulation revise such limits upward to reflect either 

3 the amount of liability that the President determines 

4 is commensurate with the risk of discharge of oil 

5 presented by a particular category of vessel, facility, 

6 or port or any increase in the Consumer Price Index, 

7 whichever is greater.’’. 

8 (b) APPLICABILITY.—The amendments made by this 

9 section apply to— 

10 (1) any claim arising from an event occurring 

11 after the date of enactment of this Act; and 

12 (2) any claim arising from an event occurring 

13 before such date of enactment, if the claim is 

14 brought within the limitations period applicable to 

15 the claim. 

16 SEC. 603. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 

17 OFFSHORE FACILITIES. 

18 Section 1016 of the Oil Pollution Act of 1990 (33 

19 U.S.C. 2716) is amended— 

20 (1) in subsection (c)(1)— 

21 (A) in subparagraph (B) by striking ‘‘sub22 paragraph (A) is’’ and all that follows before 

23 the period and inserting ‘‘subparagraph (A) is 

24 $300,000,000’’; and 


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1 (B) by striking subparagraph (C) and in2 serting the following: 

3 ‘‘(C) ALTERNATE AMOUNT.— 

4 ‘‘(i) SPECIFIC FACILITIES.— 

5 ‘‘(I) IN GENERAL.—If the Presi6 dent determines that an amount of fi7 nancial responsibility for a responsible 

8 party that is less than the amount re9 quired by subparagraph (B) is justi10 fied based on the criteria established 

11 under clause (ii), the evidence of fi12 nancial responsibility required shall be 

13 for an amount determined by the 

14 President. 

15 ‘‘(II) MINIMUM AMOUNTS.—In 

16 no case shall the evidence of financial 

17 responsibility required under this sec18 tion be less than— 

19 ‘‘(aa) $105,000,000 for an 

20 offshore facility located seaward 

21 of the seaward boundary of a 

22 State; or 

23 ‘‘(bb) $30,000,000 for an 

24 offshore facility located landward 


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1 of the seaward boundary of a 

2 State. 

3 ‘‘(ii) CRITERIA FOR DETERMINATION

4 OF FINANCIAL RESPONSIBILITY.—The 

5 President shall prescribe the amount of fi6 nancial responsibility required under clause 

7 (i)(I) based on the following: 

8 ‘‘(I) The market capacity of the 

9 insurance industry to issue such in10 struments. 

11 ‘‘(II) The operational risk of a 

12 discharge and the effects of that dis13 charge on the environment and the re14 gion. 

15 ‘‘(III) The quantity and location 

16 of the oil and gas that is explored for, 

17 drilled for, produced, or transported 

18 by the responsible party. 

19 ‘‘(IV) The asset value of the 

20 owner of the offshore facility, includ21 ing the combined asset value of all 

22 partners that own the facility. 

23 ‘‘(V) The cost of all removal 

24 costs and damages for which the 


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1 owner may be liable under this Act 

2 based on a worst-case scenario. 

3 ‘‘(VI) The safety history of the 

4 owner of the offshore facility. 

5 ‘‘(VII) Any other factors that the 

6 President considers appropriate. 

7 ‘‘(iii) ADJUSTMENT FOR ALL OFF8 SHORE FACILITIES.— 

9 ‘‘(I) IN GENERAL.—Not later 

10 than 3 years after the date of enact11 ment of the Oil Spill Accountability 

12 and Environmental Protection Act of 

13 2011, and at least once every 3 years 

14 thereafter, the President shall review 

15 the levels of financial responsibility 

16 specified in this subsection and the 

17 limit on liability specified in sub18 section (f)(4) and may by regulation 

19 revise such levels and limit upward to 

20 the levels and limit that the President 

21 determines are justified based on the 

22 relative operational, environmental, 

23 and other risks posed by the quantity, 

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1 plored for, drilled for, produced, or 

2 transported by the responsible party. 

3 ‘‘(II) NOTICE TO CONGRESS.— 

4 Upon completion of a review specified 

5 in subclause (I), the President shall 

6 notify Congress as to whether the 

7 President will revise the levels of fi8 nancial responsibility and limit on li9 ability referred to in subclause (I) and 

10 the factors used in making such deter11 mination.’’; 

12 (2) in subsection (e) by striking ‘‘self-insurer,’’ 

13 and inserting ‘‘self-insurer, participation in coopera14 tive arrangements such as pooling or joint insur15 ance,’’; and 

16 (3) in subsection (f)— 

17 (A) in paragraph (1) by striking ‘‘Subject’’ 

18 and inserting ‘‘Except as provided in paragraph 

19 (4) and subject’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(4) MAXIMUM LIABILITY.—The maximum li22 ability of a guarantor of an offshore facility under 

23 this subsection is $300,000,000.’’. 


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1 SEC. 604. DAMAGES TO HUMAN HEALTH. 

2 (a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol3 lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 

4 adding at the end the following: 

5 ‘‘(G) HUMAN HEALTH.— 

6 ‘‘(i) IN GENERAL.—Damages to 

7 human health, including fatal injuries, 

8 which shall be recoverable by any claimant 

9 who has a demonstrable, adverse impact to 

10 human health or, in the case of a fatal in11 jury to an individual, a claimant filing a 

12 claim on behalf of such individual. 

13 ‘‘(ii) INCLUSION.—For purposes of 

14 clause (i), the term ‘human health’ in15 cludes mental health.’’. 

16 (b) APPLICABILITY.—The amendments made by this 

17 section apply to— 

18 (1) any claim arising from an event occurring 

19 after the date of enactment of this Act; and 

20 (2) any claim arising from an event occurring 

21 before such date of enactment, if the claim is 

22 brought within the limitations period applicable to 

23 the claim. 


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1 SEC. 605. CLARIFICATION OF LIABILITY FOR DISCHARGES 

2 FROM MOBILE OFFSHORE DRILLING UNITS. 

3 (a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol4 lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 

5 (1) by striking ‘‘from any incident described in 

6 paragraph (1)’’ and inserting ‘‘from any discharge of 

7 oil, or substantial threat of a discharge of oil, into 

8 or upon the water’’; and 

9 (2) by striking ‘‘liable’’ and inserting ‘‘liable as 

10 described in paragraph (1)’’. 

11 (b) APPLICABILITY.—The amendments made by this 

12 section shall apply to— 

13 (1) any claim arising from an event occurring 

14 after the date of enactment of this Act; and 

15 (2) any claim arising from an event occurring 

16 before such date of enactment, if the claim is 

17 brought within the limitations period applicable to 

18 the claim. 

19 SEC. 606. STANDARD OF REVIEW FOR DAMAGE ASSESS20 MENT. 

21 Section 1006(e)(2) of the Oil Pollution Act of 1990 

22 (33 U.S.C. 2706(e)(2)) is amended— 

23 (1) in the heading by striking ‘‘REBUTTABLE

24 PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF

25 ASSESSMENTS’’; and 


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1 (2) by striking ‘‘have the force and effect’’ and 

2 all that follows before the period and inserting the 

3 following: ‘‘be subject to judicial review under sub4 chapter II of chapter 5 of title 5, United States 

5 Code (commonly known as the Administrative Proce6 dure Act), on the basis of the administrative record 

7 developed by the lead Federal trustee as provided in 

8 such regulations’’. 

9 SEC. 607. PROCEDURES FOR CLAIMS AGAINST FUND; IN10 FORMATION ON CLAIMS. 

11 (a) PROCEDURES FOR CLAIMS AGAINST FUND.— 

12 Section 1013(e) of the Oil Pollution Act of 1990 (33 

13 U.S.C. 2713(e)) is amended by adding at the end the fol14 lowing: ‘‘In the event of a spill of national significance, 

15 the President may exercise the authorities under this sec16 tion to ensure that the presentation, filing, processing, set17 tlement, and adjudication of claims occurs within the 

18 States and local governments affected by such spill to the 

19 greatest extent practicable.’’. 

20 (b) INFORMATION ON CLAIMS.—Title I of the Oil 

21 Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 

22 by inserting after section 1013 the following: 

23 ‘‘SEC. 1013A. INFORMATION ON CLAIMS. 

24 ‘‘In the event of a spill of national significance, the 

25 President may require a responsible party or a guarantor 


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1 of a source designated under section 1014(a) to provide 

2 to the President any information on or related to claims, 

3 either individually, in the aggregate, or both, that the 

4 President requests, including— 

5 ‘‘(1) the transaction date or dates of such 

6 claims, including processing times; and 

7 ‘‘(2) any other data pertaining to such claims 

8 necessary to ensure the performance of the respon9 sible party or the guarantor with regard to the proc10 essing and adjudication of such claims.’’. 

11 (c) CONFORMING AMENDMENT.—The table of con12 tents contained in section 2 of such Act is amended by 

13 inserting after the item relating to section 1013 the fol14 lowing: 

‘‘Sec. 1013A. Information on claims.’’. 

15 (d) APPLICABILITY.—The amendments made by this 

16 section apply to— 

17 (1) any claim arising from an event occurring 

18 after the date of enactment of this Act; and 

19 (2) any claim arising from an event occurring 

20 before such date of enactment, if the claim is 

21 brought within the limitations period applicable to 

22 the claim. 

23 SEC. 608. ADDITIONAL AMENDMENTS AND CLARIFICATIONS 

24 TO OIL POLLUTION ACT OF 1990. 

25 (a) DEFINITIONS.— 


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1 (1) REMOVAL COSTS.—Section 1001(31) of the 

2 Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is 

3 amended by inserting before the semicolon the fol4 lowing: ‘‘and includes all costs of Federal enforce5 ment activities related thereto’’. 

6 (2) RESPONSIBLE PARTY.—Section 

7 1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) 

8 is amended by inserting before ‘‘, except a’’ the fol9 lowing: ‘‘or any person who owns or who has a lease10 hold interest or other property interest in the land 

11 or in the minerals beneath the land on which the fa12 cility is located, and any person who is the assignor 

13 of a property interest in the land or in the minerals 

14 beneath the land on which the facility is located,’’. 

15 (b) ELEMENTS OF LIABILITY.—Section 

16 1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is 

17 amended by inserting before the semicolon the following: 

18 ‘‘, including all costs of Federal enforcement activities re19 lated thereto’’. 

20 (c) SUBROGATION.—Section 1015(c) of such Act (33 

21 U.S.C. 2715(c)) is amended by adding at the end the fol22 lowing: ‘‘In such actions, the Fund shall recover all costs 

23 and damages paid from the Fund unless the decision to 

24 make the payment is found to be arbitrary or capricious.’’. 


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1 (d) FINANCIAL RESPONSIBILITY.—Section 

2 1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amend3 ed— 

4 (1) by inserting ‘‘and’’ at the end of subpara5 graph (A); 

6 (2) by striking ‘‘; and’’ at the end of subpara7 graph (B) and inserting a period; and 

8 (3) by striking subparagraph (C). 

9 (e) CONSIDERATIONS OF TRUSTEES.—Section 

10 1006(d) of such Act (33 U.S.C. 2706(d)) is amended by 

11 adding at the end the following: 

12 ‘‘(4) CONSIDERATIONS OF TRUSTEES.— 

13 ‘‘(A) EQUAL AND FULL CONSIDERATION.— 

14 Trustees shall— 

15 ‘‘(i) give equal and full consideration 

16 to restoration, rehabilitation, replacement, 

17 and the acquisition of the equivalent of the 

18 natural resources under their trusteeship; 

19 and 

20 ‘‘(ii) consider restoration, rehabilita21 tion, replacement, and the acquisition of 

22 the equivalent of the natural resources 

23 under their trusteeship in a holistic eco24 system context and using, where available, 

25 eco-regional or natural resource plans. 


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1 ‘‘(B) SPECIAL RULE ON ACQUISITION.— 

2 Acquisition shall only be given full and equal 

3 consideration under subparagraph (A) if it pro4 vides a substantially greater likelihood of im5 proving the resilience of the lost or damaged re6 source and supports local ecological processes.’’. 

7 (f) APPLICABILITY.—The amendments made by this 

8 section apply to— 

9 (1) any claim arising from an event occurring 

10 after the date of enactment of this Act; and 

11 (2) any claim arising from an event occurring 

12 before such date of enactment, if the claim is 

13 brought within the limitations period applicable to 

14 the claim. 

15 SEC. 609. AMERICANIZATION OF OFFSHORE OPERATIONS 

16 IN THE EXCLUSIVE ECONOMIC ZONE. 

17 (a) REGISTRY ENDORSEMENT REQUIRED.— 

18 (1) IN GENERAL.—Section 12111 of title 46, 

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 

22 for activities requiring an endorsement under sections 

23 12112 or 12113, only a vessel for which a certificate of 

24 documentation with a registry endorsement is issued and 

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1 mined under section 50501(d)) may engage in support of 

2 exploration, development, or production of resources in, 

3 on, above, or below the exclusive economic zone or any 

4 other activity in the exclusive economic zone to the extent 

5 that the regulation of such activity is not prohibited under 

6 customary international law.’’. 

7 (2) APPLICABILITY.—The amendment made by 

8 paragraph (1) applies only with respect to explo9 ration, development, production, and support activi10 ties that commence on or after July 1, 2011. 

11 (b) LEGAL AUTHORITY.—Section 2301 of title 46, 

12 United States Code, is amended— 

13 (1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 

14 and 

15 (2) by inserting after ‘‘1988’’ the following: 

16 ‘‘and the exclusive economic zone to the extent that 

17 the regulation of such operation is not prohibited 

18 under customary international law’’. 

19 (c) TRAINING FOR COAST GUARD PERSONNEL.—Not 

20 later than 180 days after the date of enactment of this 

21 Act, the Secretary of the department in which the Coast 

22 Guard is operating shall establish a program to provide 

23 Coast Guard personnel with the training necessary for the 

24 implementation of the amendments made by this section. 


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1 SEC. 610. SAFETY MANAGEMENT SYSTEMS FOR MOBILE 

2 OFFSHORE DRILLING UNITS. 

3 Section 3203 of title 46, United States Code, is 

4 amended— 

5 (1) by redesignating subsections (b) and (c) as 

6 subsections (c) and (d), respectively; and 

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 

10 safety management system described in subsection (a) for 

11 a mobile offshore drilling unit operating in waters subject 

12 to the jurisdiction of the United States (including the ex13 clusive economic zone) shall include processes, procedures, 

14 and policies related to the safe operation and maintenance 

15 of the machinery and systems on board the vessel that 

16 may affect the seaworthiness of the vessel in a worst-case 

17 event.’’. 

18 SEC. 611. SAFETY STANDARDS FOR MOBILE OFFSHORE 

19 DRILLING UNITS. 

20 Section 3306 of title 46, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(l) In prescribing regulations for mobile offshore 

23 drilling units, the Secretary shall develop standards to ad24 dress a worst-case event on the vessel.’’. 


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1 SEC. 612. OPERATIONAL CONTROL OF MOBILE OFFSHORE 

2 DRILLING UNITS. 

3 (a) LICENSES FOR MASTERS OF MOBILE OFFSHORE

4 DRILLING UNITS.— 

5 (1) IN GENERAL.—Chapter 71 of title 46, 

6 United States Code, is amended by redesignating 

7 sections 7104 through 7115 as sections 7105 

8 through 7116, respectively, and by inserting after 

9 section 7103 the following: 

10 ‘‘§ 7104. Licenses for masters of mobile offshore drill11 ing units 

12 ‘‘A license as master of a mobile offshore drilling unit 

13 may be issued only to an applicant who has been issued 

14 a license as master under section 7101(c)(1) and has dem15 onstrated the knowledge, understanding, proficiency, and 

16 sea service for all industrial business or functions of a mo17 bile offshore drilling unit.’’. 

18 (2) CONFORMING AMENDMENT.—Section 7109 

19 of such title, as so redesignated, is amended by 

20 striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec21 tion 7107 or 7108’’. 

22 (3) CLERICAL AMENDMENT.—The analysis at 

23 the beginning of such chapter is amended by strik24 ing the items relating to sections 7104 through 7115 

25 and inserting the following: 

‘‘7104. Licenses for masters of mobile offshore drilling units. 


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‘‘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. 

‘‘7116. Merchant Mariner Medical Advisory Committee.’’. 

1 (b) REQUIREMENT FOR CERTIFICATE OF INSPEC2 TION.—Section 8101(a)(2) of title 46, United States 

3 Code, is amended by inserting before the semicolon the 

4 following: ‘‘and shall at all times be under the command 

5 of a master licensed under section 7104’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect 6 months after the date of 

8 enactment of this Act. 

9 SEC. 613. SINGLE-HULL TANKERS. 

10 (a) APPLICATION OF TANK VESSEL CONSTRUCTION

11 STANDARDS.—Section 3703a(b) of title 46, United States 

12 Code, is amended by striking paragraph (3), and redesig13 nating paragraphs (4) through (6) as paragraphs (3) 

14 through (5), respectively. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) takes effect on January 1, 2011. 

17 SEC. 614. REPEAL OF RESPONSE PLAN WAIVER. 

18 Section 311(j)(5)(G) of the Federal Water Pollution 

19 Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— 


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1 (1) by striking ‘‘a tank vessel, nontank vessel, 

2 offshore facility, or onshore facility’’ and inserting 

3 ‘‘a nontank vessel’’; 

4 (2) by striking ‘‘tank vessel, nontank vessel, or 

5 facility’’ and inserting ‘‘nontank vessel’’; and 

6 (3) by adding at the end the following: ‘‘A mo7 bile offshore drilling unit, as such term is defined in 

8 section 1001 of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2701), is not eligible to operate without a re10 sponse plan approved under this section.’’. 

11 SEC. 615. NATIONAL CONTINGENCY PLAN. 

12 (a) GUIDELINES FOR CONTAINMENT BOOMS.—Sec13 tion 311(d)(2) of the Federal Water Pollution Control Act 

14 (33 U.S.C. 1321(d)(2)) is amended by adding at the end 

15 the following: 

16 ‘‘(N) Guidelines regarding the use of con17 tainment booms to contain a discharge of oil or 

18 a hazardous substance, including identification 

19 of quantities of containment booms likely to be 

20 needed, available sources of containment booms, 

21 and best practices for containment boom place22 ment, monitoring, and maintenance.’’. 

23 (b) SCHEDULE, CRITERIA, AND FEES.—Section 

24 311(d) of the Federal Water Pollution Control Act (33 


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1 U.S.C. 1321(d)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(5) SCHEDULE FOR USE OF DISPERSANTS, 

4 OTHER CHEMICALS, AND OTHER SPILL MITIGATING

5 DEVICES AND SUBSTANCES.— 

6 ‘‘(A) RULEMAKING.—Not later than 2 

7 years after the date of enactment of this para8 graph, the President, acting through the Ad9 ministrator, after providing notice and an op10 portunity for public comment, shall issue a re11 vised regulation for the development of the 

12 schedule for the use of dispersants, other 

13 chemicals, and other spill mitigating devices 

14 and substances developed under paragraph 

15 (2)(G) in a manner that is consistent with the 

16 requirements of this paragraph and shall mod17 ify the existing schedule to take into account 

18 the requirements of the revised regulation. 

19 ‘‘(B) SCHEDULE LISTING REQUIRE20 MENTS.—In issuing the regulation under sub21 paragraph (A), the Administrator shall— 

22 ‘‘(i) with respect to dispersants, other 

23 chemicals, and other spill mitigating sub24 stances included or proposed to be included 

25 on the schedule under paragraph (2)(G)— 


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1 ‘‘(I) establish minimum toxicity 

2 and efficacy testing criteria, taking 

3 into account the results of the study 

4 carried out under subparagraph (D); 

5 ‘‘(II) provide for testing or other 

6 verification (independent from the in7 formation provided by an applicant 

8 seeking the inclusion of such dispers9 ant, chemical, or substance on the 

10 schedule) related to the toxicity and 

11 effectiveness of such dispersant, chem12 ical, or substance; 

13 ‘‘(III) establish a framework for 

14 the application of any such dispersant, 

15 chemical, or substance, including— 

16 ‘‘(aa) application conditions; 

17 ‘‘(bb) the quantity thresh18 olds for which approval by the 

19 Administrator is required; 

20 ‘‘(cc) the criteria to be used 

21 to develop the appropriate max22 imum quantity of any such dis23 persant, chemical, or substance 

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1 mines may be used, both on a 

2 daily and cumulative basis; and 

3 ‘‘(dd) a ranking, by geo4 graphic area, of any such dis5 persant, chemical, or substance 

6 based on a combination of its ef7 fectiveness for each type of oil 

8 and its level of toxicity; 

9 ‘‘(IV) establish a requirement 

10 that the volume of oil or hazardous 

11 substance discharged, and the volume 

12 and location of any such dispersant, 

13 chemical, or substance used, be meas14 ured and made publicly available, in15 cluding on the Internet; 

16 ‘‘(V) require that an applicant 

17 seeking the inclusion of a dispersant, 

18 chemical, or substance on the schedule 

19 shall assure that such applicant will 

20 publicly disclose, upon a declaration of 

21 a spill of national significance, the 

22 constituent ingredients of such dis23 persant, chemical, or substance if 

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1 stance will be used to respond to the 

2 spill; and 

3 ‘‘(VI) in addition to existing au4 thority, expressly provide a mecha5 nism for the delisting of any such dis6 persant, chemical, or substance that 

7 the Administrator determines poses a 

8 significant risk or impact to water 

9 quality, aquatic life, the environment, 

10 or any other factor the Administrator 

11 determines appropriate; 

12 ‘‘(ii) with respect to a dispersant, 

13 other chemical, and other spill mitigating 

14 substance not specifically identified on the 

15 schedule, and prior to the use of such dis16 persant, chemical, or substance in accord17 ance with paragraph (2)(G)— 

18 ‘‘(I) establish the minimum tox19 icity and efficacy levels for such dis20 persant, chemical, or substance; 

21 ‘‘(II) require that, upon a dec22 laration of a spill of national signifi23 cance, the constituent ingredients of 

24 such dispersant, chemical, or sub25 stance be publicly disclosed if such 


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1 dispersant, chemical, or substance will 

2 be used to respond to the spill; and 

3 ‘‘(III) require the provision of 

4 such additional information as the Ad5 ministrator determines necessary; and 

6 ‘‘(iii) with respect to other spill miti7 gating devices included or proposed to be 

8 included on the schedule under paragraph 

9 (2)(G)— 

10 ‘‘(I) require the manufacturer of 

11 such device to carry out a study of the 

12 risks and effectiveness of the device 

13 according to guidelines developed and 

14 published by the Administrator; and 

15 ‘‘(II) in addition to existing au16 thority, expressly provide a mecha17 nism for the delisting of any such de18 vice based on any information made 

19 available to the Administrator that 

20 demonstrates that such device poses a 

21 significant risk or impact to water 

22 quality, aquatic life, the environment, 

23 or any other factor the Administrator 

24 determines appropriate. 


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1 ‘‘(C) DELISTING.—In carrying out sub2 paragraphs (B)(i)(VI) and (B)(iii)(II), the Ad3 ministrator, after posting a notice in the Fed4 eral Register and providing an opportunity for 

5 public comment, shall initiate a formal review 

6 of the potential risks and impacts associated 

7 with a dispersant, chemical, substance, or de8 vice prior to delisting the dispersant, chemical, 

9 substance, or device. 

10 ‘‘(D) STUDY.— 

11 ‘‘(i) IN GENERAL.—Not later than 3 

12 months after the date of enactment of this 

13 paragraph, the Administrator shall initiate 

14 a study of the potential risks and impacts 

15 to water quality, aquatic life, the environ16 ment, or any other factor the Adminis17 trator determines appropriate, from the 

18 use of dispersants, other chemicals, and 

19 other spill-mitigating substances, if any, 

20 that may be used to carry out the National 

21 Contingency Plan, including an assessment 

22 of— 

23 ‘‘(I) acute and chronic impacts 

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1 tained use on marine, coastal, estua2 rine, and freshwater environments; 

3 ‘‘(II) risks and impacts to a rep4 resentative sample of biota from var5 ious ocean depths, including effects on 

6 early life stages such as eggs and lar7 vae; 

8 ‘‘(III) risks and impacts from 

9 any byproducts created from the use 

10 of such dispersants, chemicals, or sub11 stances; and 

12 ‘‘(IV) efficacy on particular types 

13 of oil from locations where such 

14 dispersants, chemicals, or substances 

15 may potentially be used. 

16 ‘‘(ii) INFORMATION FROM MANUFAC17 TURERS.— 

18 ‘‘(I) IN GENERAL.—In conjunc19 tion with the study authorized by 

20 clause (i), the Administrator shall de21 termine the requirements for manu22 facturers of dispersants, chemicals, or 

23 substances to evaluate the potential 

24 risks and impacts to water quality, 

25 the environment, human and aquatic 


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1 health, or any other factor the Admin2 istrator determines appropriate, in3 cluding acute and chronic risks, asso4 ciated with the use of the dispersants, 

5 chemicals, or substances and any by6 products generated by such use and to 

7 provide the details of such evaluation 

8 as a condition for listing on the sched9 ule, or approving for use under this 

10 section, according to guidelines devel11 oped and published by the Adminis12 trator. 

13 ‘‘(II) MINIMUM REQUIREMENTS

14 FOR EVALUATION.—In carrying out 

15 this clause, the Administrator shall re16 quire a manufacturer to include— 

17 ‘‘(aa) information that de18 scribes the potential acute health 

19 impacts on humans who are in20 volved in application activities 

21 and who may reasonably be ex22 posed during such activities; 

23 ‘‘(bb) information on the oils 

24 and locations where such 

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1 stances may potentially be used; 

2 and 

3 ‘‘(cc) if appropriate, an as4 sessment of impacts from subsea 

5 use of the dispersant, chemical, 

6 or substance, including the po7 tential long-term effects of such 

8 use on water quality, aquatic life, 

9 and the environment. 

10 ‘‘(E) PERIODIC REVISIONS.— 

11 ‘‘(i) IN GENERAL.—Not later than 5 

12 years after the date of the issuance of the 

13 regulation under this paragraph, and at 

14 least once every 5 years thereafter, the Ad15 ministrator shall review the schedule for 

16 the use of dispersants, other chemicals, 

17 and other spill mitigating devices and sub18 stances that may be used to carry out the 

19 National Contingency Plan and update or 

20 revise the schedule, as necessary, to ensure 

21 the protection of water quality, aquatic 

22 life, the environment, and any other factor 

23 the Administrator determines appropriate. 

24 ‘‘(ii) EFFECTIVENESS.—The Adminis25 trator shall ensure, to the maximum extent 


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1 practicable, that each update or revision to 

2 the schedule increases the effectiveness and 

3 decreases the toxicity values necessary for 

4 listing a dispersant, other chemical, or 

5 other spill mitigating device or substance 

6 on the schedule. 

7 ‘‘(F) APPROVAL OF USE AND APPLICATION

8 OF DISPERSANTS.— 

9 ‘‘(i) IN GENERAL.—In issuing the reg10 ulation under subparagraph (A), the Ad11 ministrator shall require the approval of 

12 the Federal On-Scene Coordinator, in co13 ordination with the Administrator, for all 

14 uses of a dispersant, other chemical, or 

15 other spill mitigating substance in any re16 moval action, including— 

17 ‘‘(I) any such dispersant, chem18 ical, or substance that is included on 

19 the schedule developed pursuant to 

20 this subsection; or 

21 ‘‘(II) any dispersant, chemical, or 

22 other substance that is included as 

23 part of an approved area contingency 

24 plan or response plan developed under 

25 this section. 


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1 ‘‘(ii) REPEAL.—Any part of section 

2 300.910 of title 40, Code of Federal Regu3 lations, that is inconsistent with this para4 graph is hereby repealed. 

5 ‘‘(G) TOXICITY DEFINITION.—In this sec6 tion, the term ‘toxicity’ is used in reference to 

7 the potential impacts of a dispersant, sub8 stance, or device on water quality, organismal 

9 health, or the environment. 

10 ‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI11 TERIA FOR EVALUATING RESPONSE PLANS.— 

12 ‘‘(A) REVIEW.—Not later than 6 months 

13 after the date of enactment of this paragraph, 

14 the President shall review the procedures and 

15 standards developed under paragraph (2)(J) to 

16 determine their sufficiency in ceasing and re17 moving a worst case discharge of oil or haz18 ardous substances, and for mitigating or pre19 venting a substantial threat of such a dis20 charge. 

21 ‘‘(B) RULEMAKING.—Not later than 2 

22 years after the date of enactment of this para23 graph, the President, after providing notice and 

24 an opportunity for public comment, shall issue 

25 a final rule to— 


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1 ‘‘(i) revise the procedures and stand2 ards for ceasing and removing a worst case 

3 discharge of oil or hazardous substances, 

4 and for mitigating or preventing a substan5 tial threat of such a discharge; and 

6 ‘‘(ii) develop a metric for the periodic 

7 evaluation and, as necessary, revision, of 

8 the National Contingency Plan, Area Con9 tingency Plans, and tank vessel, nontank 

10 vessel, and facility response plans con11 sistent with the procedures and standards 

12 developed pursuant to this paragraph. 

13 ‘‘(C) USE OF WORST-CASE SCENARIO DIS14 CHARGE ESTIMATES.—In carrying out the ac15 tivities required under this paragraph, the 

16 President shall use the worst-case scenario dis17 charge estimates published by the Secretary 

18 under section 208(a) of the Implementing the 

19 Recommendations of the BP Oil Spill Commis20 sion Act of 2011as a basis for assessing the 

21 sufficiency of the procedures and standards de22 veloped under paragraph (2)(J). 

23 ‘‘(7) FEES.— 

24 ‘‘(A) GENERAL AUTHORITY AND FEES.— 

25 Subject to subparagraph (B), the Administrator 


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1 shall establish a schedule of fees to be collected 

2 from the manufacturer of a dispersant, chem3 ical, or spill mitigating substance or device to 

4 offset the costs of the Administrator associated 

5 with evaluating the use of the dispersant, chem6 ical, substance, or device in accordance with 

7 this subsection and listing the dispersant, chem8 ical, substance, or device on the schedule under 

9 paragraph (2)(G). 

10 ‘‘(B) LIMITATION ON COLLECTION.—No 

11 fee may be collected under this subsection un12 less the expenditure of the fee to pay the costs 

13 of activities and services for which the fee is im14 posed is provided for in advance in an appro15 priations Act. 

16 ‘‘(C) FEES CREDITED AS OFFSETTING

17 COLLECTIONS.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

19 section 3302 of title 31, United States 

20 Code, any fee authorized to be collected 

21 under this paragraph shall— 

22 ‘‘(I) be credited as offsetting col23 lections to the account that finances 

24 the activities and services for which 

25 the fee is imposed; 


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1 ‘‘(II) be available for expenditure 

2 only to pay the costs of activities and 

3 services for which the fee is imposed, 

4 including all costs associated with col5 lecting such fees; and 

6 ‘‘(III) remain available until ex7 pended. 

8 ‘‘(ii) CONTINUING APPROPRIATIONS.— 

9 The Administrator may continue to assess, 

10 collect, and spend fees established under 

11 this section during any period in which the 

12 funding for the Environmental Protection 

13 Agency is provided under an Act providing 

14 continuing appropriations in lieu of the 

15 Administration’s regular appropriations. 

16 ‘‘(iii) ADJUSTMENTS.—The Adminis17 trator shall adjust the fees established by 

18 subparagraph (A) periodically to ensure 

19 that each of the fees required by subpara20 graph (A) is reasonably related to the Ad21 ministration’s costs, as determined by the 

22 Administrator, of performing the activity 

23 for which the fee is imposed.’’. 

24 (c) INCLUSION OF CONTAINMENT BOOMS IN AREA

25 CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 


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1 Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 

2 ‘‘(including firefighting equipment)’’ and inserting ‘‘(in3 cluding firefighting equipment and containment booms)’’. 

4 SEC. 616. TRACKING DATABASE. 

5 Section 311(b) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1321(b)) is amended by adding at the 

7 end the following: 

8 ‘‘(13) TRACKING DATABASE.— 

9 ‘‘(A) IN GENERAL.—The President shall 

10 create a database to track all discharges of oil 

11 or hazardous substances— 

12 ‘‘(i) into the waters of the United 

13 States, onto adjoining shorelines, or into or 

14 upon the waters of the contiguous zone; 

15 ‘‘(ii) in connection with activities 

16 under the Outer Continental Shelf Lands 

17 Act (43 U.S.C. 1331 et seq.) or the Deep18 water Port Act of 1974 (33 U.S.C. 1501 

19 et seq.); or 

20 ‘‘(iii) which may affect natural re21 sources belonging to, appertaining to, or 

22 under the exclusive management authority 

23 of the United States (including resources 

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1 agement Act of 1976 (16 U.S.C. 1801 et 

2 seq.)). 

3 ‘‘(B) REQUIREMENTS.—The database 

4 shall— 

5 ‘‘(i) include— 

6 ‘‘(I) the name of the vessel or fa7 cility; 

8 ‘‘(II) the name of the owner, op9 erator, or person in charge of the ves10 sel or facility; 

11 ‘‘(III) the date of the discharge; 

12 ‘‘(IV) the volume of the dis13 charge; 

14 ‘‘(V) the location of the dis15 charge, including an identification of 

16 any receiving waters that are or could 

17 be affected by the discharge; 

18 ‘‘(VI) the type, volume, and loca19 tion of the use of any dispersant, 

20 other chemical, or other spill miti21 gating substance used in any removal 

22 action; 

23 ‘‘(VII) a record of any deter24 mination of a violation of this section 

25 or liability under section 1002 of the 


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1 Oil Pollution Act of 1990 (33 U.S.C. 

2 2702); 

3 ‘‘(VIII) a record of any enforce4 ment action taken against the owner, 

5 operator, or person in charge; and 

6 ‘‘(IX) any additional information 

7 that the President determines nec8 essary; 

9 ‘‘(ii) use data provided by the Envi10 ronmental Protection Agency, the Coast 

11 Guard, and other appropriate Federal 

12 agencies; 

13 ‘‘(iii) use data protocols developed and 

14 managed by the Environmental Protection 

15 Agency; and 

16 ‘‘(iv) be publicly accessible, including 

17 by electronic means.’’. 

18 SEC. 617. EVALUATION AND APPROVAL OF RESPONSE 

19 PLANS; MAXIMUM PENALTIES. 

20 (a) AGENCY REVIEW OF RESPONSE PLANS.— 

21 (1) LEAD FEDERAL AGENCY FOR REVIEW OF

22 RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed23 eral Water Pollution Control Act (33 U.S.C. 

24 1321(j)(5)(A)) is amended by adding at the end the 

25 following: 


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1 ‘‘(iii) In issuing the regulations under this para2 graph, the President shall ensure that— 

3 ‘‘(I) the owner, operator, or person in 

4 charge of a tank vessel, nontank vessel, or off5 shore facility described in subparagraph (C) will 

6 not be considered to have complied with this 

7 paragraph until the owner, operator, or person 

8 in charge submits a plan under clause (i) or 

9 (ii), as appropriate, to the Secretary of the de10 partment in which the Coast Guard is oper11 ating, the Secretary of the Interior, or the Ad12 ministrator, with respect to such offshore facili13 ties as the President may designate, and the 

14 Secretary or Administrator, as appropriate, de15 termines and notifies the owner, operator, or 

16 person in charge that the plan, if implemented, 

17 will provide an adequate response to a worst 

18 case discharge of oil or a hazardous substance 

19 or a substantial threat of such a discharge; and 

20 ‘‘(II) the owner, operator, or person in 

21 charge of an onshore facility described in sub22 paragraph (C)(iv) will not be considered to have 

23 complied with this paragraph until the owner, 

24 operator, or person in charge submits a plan 

25 under clause (i) either to the Secretary of 


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1 Transportation, with respect to transportation2 related onshore facilities, or the Administrator, 

3 with respect to all other onshore facilities, and 

4 the Secretary or Administrator, as appropriate, 

5 determines and notifies the owner, operator, or 

6 person in charge that the plan, if implemented, 

7 will provide an adequate response to a worst8 case discharge of oil or a hazardous substance 

9 or a substantial threat of such a discharge. 

10 ‘‘(iv)(I) The Secretary of the department in 

11 which the Coast Guard is operating, the Secretary of 

12 the Interior, the Secretary of Transportation, or the 

13 Administrator, as appropriate, shall require that a 

14 plan submitted to the Secretary or Administrator for 

15 a vessel or facility under clause (iii)(I) or (iii)(II) by 

16 an owner, operator, or person in charge— 

17 ‘‘(aa) contain a probabilistic risk analysis 

18 for all critical engineered systems of the vessel 

19 or facility; and 

20 ‘‘(bb) adequately address all risks identi21 fied in the risk analysis. 

22 ‘‘(II) The Secretary or Administrator, as appro23 priate, shall require that a risk analysis developed 

24 under subclause (I) include, at a minimum, the fol25 lowing: 


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1 ‘‘(aa) An analysis of human factors risks, 

2 including both organizational and management 

3 failure risks. 

4 ‘‘(bb) An analysis of technical failure risks, 

5 including both component technologies and inte6 grated systems risks. 

7 ‘‘(cc) An analysis of interactions between 

8 humans and critical engineered systems. 

9 ‘‘(dd) Quantification of the likelihood of 

10 modes of failure and potential consequences. 

11 ‘‘(ee) A description of methods for reduc12 ing known risks. 

13 ‘‘(III) The Secretary or Administrator, as ap14 propriate, shall require an owner, operator, or per15 son in charge that develops a risk analysis under 

16 subclause (I) to make the risk analysis available to 

17 the public.’’. 

18 (2) REVIEW AND APPROVAL OF RESPONSE

19 PLANS.—Section 311(j)(5)(E) of such Act (33 

20 U.S.C. 1321(j)(5)(E)) is amended to read as follows: 

21 ‘‘(E) With respect to any response plan sub22 mitted under this paragraph for an onshore facility 

23 that, because of its location, could reasonably be ex24 pected to cause significant and substantial harm to 

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1 gable waters or adjoining shorelines or the exclusive 

2 economic zone, and with respect to each response 

3 plan submitted under this paragraph for a tank ves4 sel, nontank vessel, or offshore facility, the President 

5 shall— 

6 ‘‘(i) promptly review the response plan; 

7 ‘‘(ii) verify that the response plan complies 

8 with subparagraph (A)(iv), relating to risk anal9 yses; 

10 ‘‘(iii) with respect to a plan for an offshore 

11 or onshore facility or a tank vessel that carries 

12 liquefied natural gas, provide an opportunity for 

13 public notice and comment on the response 

14 plan; 

15 ‘‘(iv) taking into consideration any public 

16 comments received and other appropriate fac17 tors, as determined by the President, require 

18 revisions to the response plan; 

19 ‘‘(v) approve, approve with revisions, or 

20 disapprove the response plan; 

21 ‘‘(vi) review the response plan periodically 

22 thereafter, and if applicable requirements are 

23 not met, acting through the head of the appro24 priate Federal department or agency— 


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1 ‘‘(I) issue administrative orders di2 recting the owner, operator, or person in 

3 charge to comply with the response plan or 

4 any regulation issued under this section; or 

5 ‘‘(II) assess civil penalties or conduct 

6 other appropriate enforcement actions in 

7 accordance with subsections (b)(6), (b)(7), 

8 and (b)(8) for failure to develop, submit, 

9 receive approval of, adhere to, or maintain 

10 the capability to implement the response 

11 plan, or failure to comply with any other 

12 requirement of this section; 

13 ‘‘(vii) acting through the head of the ap14 propriate Federal department or agency, con15 duct, at a minimum, biennial inspections of the 

16 tank vessel, nontank vessel, or facility to ensure 

17 compliance with the response plan or identify 

18 deficiencies in such plan; 

19 ‘‘(viii) acting through the head of the ap20 propriate Federal department or agency, make 

21 the response plan available to the public, includ22 ing on the Internet; and 

23 ‘‘(ix) in the case of a plan for a nontank 

24 vessel, consider any applicable State-mandated 

25 response plan in effect on the date of enactment 


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1 of the Coast Guard and Maritime Transpor2 tation Act of 2004 and ensure consistency to 

3 the extent practicable.’’. 

4 (3) BIENNIAL REPORT.—Section 311(j)(5) of 

5 such Act (33 U.S.C. 1321(j)(5)) is amended by add6 ing at the end the following: 

7 ‘‘(J) Not later than 2 years after the date of 

8 enactment of this subparagraph, and biennially 

9 thereafter, the President, acting through the Admin10 istrator, the Secretary of the department in which 

11 the Coast Guard is operating, and the Secretary of 

12 Transportation, shall submit to Congress a report 

13 containing the following information for each owner, 

14 operator, or person in charge that submitted a re15 sponse plan for a tank vessel, nontank vessel, or fa16 cility under this paragraph: 

17 ‘‘(i) The number of response plans ap18 proved, disapproved, or approved with revisions 

19 under subparagraph (E) annually for tank ves20 sels, nontank vessels, and facilities of the 

21 owner, operator, or person in charge. 

22 ‘‘(ii) The number of inspections conducted 

23 under subparagraph (E) annually for tank ves24 sels, nontank vessels, and facilities of the 

25 owner, operator, or person in charge. 


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1 ‘‘(iii) A summary of each administrative or 

2 enforcement action concluded with respect each 

3 tank vessel, nontank vessel, and facility of the 

4 owner, operator, or person in charge, including 

5 a description of the violation, the date of viola6 tion, the amount of each penalty proposed, and 

7 the final assessment of each penalty and an ex8 planation for any reduction in a penalty.’’. 

9 (4) ADMINISTRATIVE PROVISIONS FOR FACILI10 TIES.—Section 311(m)(2) of such Act (33 U.S.C. 

11 1321(m)(2)) is amended in each of subparagraphs 

12 (A) and (B) by inserting ‘‘, the Secretary of Trans13 portation,’’ before ‘‘or the Secretary of the depart14 ment in which the Coast Guard is operating’’. 

15 (b) PENALTIES.— 

16 (1) ADMINISTRATIVE PENALTIES.— 

17 (A) AUTHORITY OF SECRETARY OF TRANS18 PORTATION TO ASSESS PENALTIES.—Section 

19 311(b)(6)(A) of such Act (33 U.S.C. 

20 1321(b)(6)(A)) is amended by inserting ‘‘, the 

21 Secretary of Transportation,’’ before ‘‘or the 

22 Administrator’’. 

23 (B) ADMINISTRATIVE PENALTIES FOR

24 FAILURE TO PROVIDE NOTICE.—Section 


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1 311(b)(6)(A) of such Act (33 U.S.C. 

2 1321(b)(6)(A)) is further amended— 

3 (i) in clause (i) by striking ‘‘para4 graph (3), or’’ and inserting ‘‘paragraph 

5 (3),’’; 

6 (ii) in clause (ii) by striking ‘‘any reg7 ulation issued under subsection (j)’’ and 

8 inserting ‘‘any order or action required by 

9 the President under subsection (c) or (e) 

10 or any regulation issued under subsection 

11 (d) or (j)’’; 

12 (iii) by redesignating clause (ii) as 

13 clause (iii); 

14 (iv) by inserting after clause (i) the 

15 following: 

16 ‘‘(ii) who fails to provide notice to the 

17 appropriate Federal agency pursuant to 

18 paragraph (5), or’’; and 

19 (v) by adding at the end the following: 

20 ‘‘Whenever the President delegates the au21 thority to issue regulations under sub22 section (j), the head of the agency who 

23 issues regulations pursuant to that author24 ity shall have the authority to assess a civil 


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1 penalty in accordance with this section for 

2 violations of such regulations.’’. 

3 (C) PENALTY AMOUNTS.—Section 

4 311(b)(6)(B) of such Act (33 U.S.C. 

5 1321(b)(6)(B)) is amended— 

6 (i) in clause (i)— 

7 (I) by striking ‘‘$10,000’’ and in8 serting ‘‘$100,000’’; and 

9 (II) by striking ‘‘$25,000’’ and 

10 inserting ‘‘$250,000’’; and 

11 (ii) in clause (ii)— 

12 (I) by striking ‘‘$10,000’’ and in13 serting ‘‘$100,000’’; and 

14 (II) by striking ‘‘$125,000’’ and 

15 inserting ‘‘$1,000,000’’. 

16 (2) CIVIL PENALTIES.—Section 311(b)(7) of 

17 such Act (33 U.S.C. 1321(b)(7)) is amended— 

18 (A) in subparagraph (A)— 

19 (i) by striking ‘‘$25,000’’ and insert20 ing ‘‘$100,000’’; and 

21 (ii) by striking ‘‘$1,000’’ and insert22 ing ‘‘$2,500’’; 

23 (B) in subparagraph (B)— 

24 (i) by striking ‘‘described in subpara25 graph (A)’’; 


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1 (ii) in clause (i) by striking ‘‘carry out 

2 removal of the discharge under an order of 

3 the President pursuant to subsection (c); 

4 or’’ and inserting ‘‘comply with any order 

5 or action required by the President pursu6 ant to subsection (c),’’; 

7 (iii) in clause (ii) by striking 

8 ‘‘(1)(B)’’; 

9 (iv) by redesignating clause (ii) as 

10 clause (iii); 

11 (v) by inserting after clause (i) the 

12 following: 

13 ‘‘(ii) fails to provide notice to the ap14 propriate Federal agency pursuant to para15 graph (5), or’’; and 

16 (vi) by striking ‘‘$25,000’’ and insert17 ing ‘‘$100,000’’; 

18 (C) in subparagraph (C)— 

19 (i) by striking ‘‘(j)’’ and inserting ‘‘(d) 

20 or (j)’’; 

21 (ii) by striking ‘‘$25,000’’ and insert22 ing ‘‘$100,000’’; and 

23 (iii) by adding at the end the fol24 lowing: ‘‘Whenever the President delegates 

25 the authority to issue regulations under 


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1 subsection (j), the head of the agency who 

2 issues regulations pursuant to that author3 ity shall have the authority to seek injunc4 tive relief or assess a civil penalty in ac5 cordance with this section for violations of 

6 such regulations and the authority to refer 

7 the matter to the Attorney General for ac8 tion under subparagraph (E).’’; 

9 (D) in subparagraph (D)— 

10 (i) by striking ‘‘$100,000’’ and insert11 ing ‘‘$300,000’’; and 

12 (ii) by striking ‘‘$3,000’’ and insert13 ing ‘‘$7,500’’; and 

14 (E) in subparagraph (E) by adding at the 

15 end the following: ‘‘The court may award ap16 propriate relief, including a temporary or per17 manent injunction, civil penalties, and punitive 

18 damages.’’. 

19 (3) APPLICABILITY.—The amendments made 

20 by this subsection apply to— 

21 (A) any claim arising from an event occur22 ring after the date of enactment of this Act; 

23 and 

24 (B) any claim arising from an event occur25 ring before such date of enactment, if the claim 


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1 is brought within the limitations period applica2 ble to the claim. 

3 (c) CLARIFICATION OF FEDERAL REMOVAL AUTHOR4 ITY.—Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 

5 1321(c)(1)(B)(ii)) is amended by striking ‘‘direct’’ and in6 serting ‘‘direct, including through the use of an adminis7 trative order,’’. 

8 SEC. 618. OIL AND HAZARDOUS SUBSTANCE CLEANUP 

9 TECHNOLOGIES. 

10 Section 311(j) of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1321(j)) is amended by adding at the end 

12 the following: 

13 ‘‘(9) OIL AND HAZARDOUS SUBSTANCE CLEAN14 UP TECHNOLOGIES.—The President, acting through 

15 the Secretary of the department in which the Coast 

16 Guard is operating, shall— 

17 ‘‘(A) in coordination with the Secretary of 

18 the Interior and the heads of other appropriate 

19 Federal agencies, establish a process for— 

20 ‘‘(i) quickly and effectively soliciting, 

21 assessing, and deploying offshore oil and 

22 hazardous substance cleanup technologies 

23 in the event of a discharge or substantial 

24 threat of a discharge of oil or a hazardous 

25 substance; and 


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1 ‘‘(ii) effectively coordinating with 

2 other appropriate agencies, industry, aca3 demia, small businesses, and others to en4 sure the best technology available is imple5 mented in the event of such a discharge or 

6 threat; and 

7 ‘‘(B) in coordination with the Secretary of 

8 the Interior and the heads of other appropriate 

9 Federal agencies, maintain a database on best 

10 available oil and hazardous substance cleanup 

11 technologies in the event of a discharge or sub12 stantial threat of a discharge of oil or a haz13 ardous substance.’’. 

14 SEC. 619. IMPLEMENTATION OF OIL SPILL PREVENTION 

15 AND RESPONSE AUTHORITIES. 

16 Section 311(l) of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1321(l)) is amended— 

18 (1) by striking ‘‘(l) The President’’ and insert19 ing the following: 

20 ‘‘(l) DELEGATION AND IMPLEMENTATION.— 

21 ‘‘(1) DELEGATION.—The President’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 


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1 ‘‘(A) IN GENERAL.—The President shall 

2 delegate the responsibilities under subparagraph 

3 (B) to the Administrator. 

4 ‘‘(B) RESPONSIBILITIES.—With respect to 

5 onshore facilities (other than transportation-re6 lated facilities) and such offshore facilities as 

7 the President may designate, the Administrator 

8 shall ensure that Environmental Protection 

9 Agency personnel develop and maintain oper10 ational capability— 

11 ‘‘(i) for effective inspection, moni12 toring, prevention, preparedness, and re13 sponse authorities related to the discharge 

14 or substantial threat of a discharge of oil 

15 or a hazardous substance; 

16 ‘‘(ii) to protect water quality and the 

17 environment from impacts of a discharge 

18 or substantial threat of a discharge of oil 

19 or a hazardous substance; and 

20 ‘‘(iii) to review and approve of, dis21 approve of, or require revisions (if nec22 essary) to facility response plans and to 

23 carry out all other responsibilities under 

24 subsection (j)(5)(E). 

25 ‘‘(3) COAST GUARD.— 


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1 ‘‘(A) IN GENERAL.—The President shall 

2 delegate the responsibilities under subparagraph 

3 (B) to the Secretary of the department in which 

4 the Coast Guard is operating. 

5 ‘‘(B) RESPONSIBILITIES.—The Secretary 

6 shall ensure that Coast Guard personnel de7 velop and maintain operational capability— 

8 ‘‘(i) to establish and enforce regula9 tions and standards for procedures, meth10 ods, equipment, and other requirements to 

11 prevent and to contain a discharge of oil or 

12 a hazardous substance from a tank vessel 

13 or nontank vessel or such an offshore facil14 ity as the President may designate; 

15 ‘‘(ii) to establish and enforce regula16 tions, and to carry out all other respon17 sibilities, under subsection (j)(5) with re18 spect to such vessels and offshore facilities 

19 as the President may designate; and 

20 ‘‘(iii) to protect the environment and 

21 natural resources from impacts of a dis22 charge or substantial threat of a discharge 

23 of oil or a hazardous substance from such 

24 vessels and offshore facilities as the Presi25 dent may designate. 


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1 ‘‘(C) ROLE AS FIRST RESPONDER.— 

2 ‘‘(i) IN GENERAL.—The responsibil3 ities delegated to the Secretary under sub4 paragraph (B) shall be sufficient to allow 

5 the Coast Guard to act as a first responder 

6 to a discharge or substantial threat of a 

7 discharge of oil or a hazardous substance 

8 from a tank vessel, nontank vessel, or off9 shore facility. 

10 ‘‘(ii) CAPABILITIES.—The President 

11 shall ensure that the Coast Guard has suf12 ficient personnel and resources to act as a 

13 first responder as described in clause (i), 

14 including the resources necessary for on15 going training of personnel, acquisition of 

16 equipment (including containment booms, 

17 dispersants, and skimmers), and 

18 prepositioning of equipment. 

19 ‘‘(D) CONTRACTS.—The Secretary may 

20 enter into contracts with private and nonprofit 

21 organizations for personnel and equipment in 

22 carrying out the responsibilities delegated to the 

23 Secretary under subparagraph (B). 

24 ‘‘(4) DEPARTMENT OF TRANSPORTATION.— 


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1 ‘‘(A) IN GENERAL.—The President shall 

2 delegate the responsibilities under subparagraph 

3 (B) to the Secretary of Transportation. 

4 ‘‘(B) RESPONSIBILITIES.—The Secretary 

5 of Transportation shall— 

6 ‘‘(i) establish and enforce regulations 

7 and standards for procedures, methods, 

8 equipment, and other requirements to pre9 vent and to contain discharges of oil and 

10 hazardous substances from transportation11 related onshore facilities; 

12 ‘‘(ii) have the authority to review and 

13 approve of, disapprove of, or require revi14 sions (if necessary) to transportation-re15 lated onshore facility response plans and to 

16 carry out all other responsibilities under 

17 subsection (j)(5)(E); and 

18 ‘‘(iii) ensure that Department of 

19 Transportation personnel develop and 

20 maintain operational capability— 

21 ‘‘(I) for effective inspection, mon22 itoring, prevention, preparedness, and 

23 response authorities related to the dis24 charge or substantial threat of a dis25 charge of oil or a hazardous substance 


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1 from a transportation-related onshore 

2 facility; and 

3 ‘‘(II) to protect the environment 

4 and natural resources from the im5 pacts of a discharge or substantial 

6 threat of a discharge of oil or a haz7 ardous substance from a transpor8 tation-related onshore facility. 

9 ‘‘(5) DEPARTMENT OF THE INTERIOR.— 

10 ‘‘(A) IN GENERAL.—The President shall 

11 delegate the responsibilities under subparagraph 

12 (B) to the Secretary of the Interior. 

13 ‘‘(B) RESPONSIBILITIES.—The Secretary 

14 of the Interior shall— 

15 ‘‘(i) establish and enforce regulations 

16 and standards for procedures, methods, 

17 equipment, and other requirements to pre18 vent and to contain discharges of oil and 

19 hazardous substances from such offshore 

20 facilities as the President may designate; 

21 ‘‘(ii) establish and enforce regulations 

22 to carry out all other responsibilities under 

23 subsection (j)(5) for such offshore facilities 

24 as the President may designate; 


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1 ‘‘(iii) have the authority to review and 

2 approve of, disapprove of, or require revi3 sions (if necessary) to offshore facility re4 sponse plans under subsection (j)(5) for 

5 such offshore facilities as the President 

6 may designate; and 

7 ‘‘(iv) ensure that Department of the 

8 Interior personnel develop and maintain 

9 operational capability for effective inspec10 tion, monitoring, prevention, and prepared11 ness authorities related to the discharge or 

12 a substantial threat of a discharge of oil or 

13 hazardous material from such offshore fa14 cilities as the President may designate.’’. 

15 SEC. 620. IMPACTS TO INDIAN TRIBES AND PUBLIC SERV16 ICE DAMAGES. 

17 (a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol18 lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended— 

19 (1) in subparagraph (D) by striking ‘‘or a polit20 ical subdivision thereof’’ and inserting ‘‘a political 

21 subdivision of a State, or an Indian tribe’’; and 

22 (2) in subparagraph (F) by striking ‘‘by a 

23 State’’ and all that follows before the period and in24 serting ‘‘the United States, a State, a political sub25 division of a State, or an Indian tribe’’. 


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1 (b) APPLICABILITY.—The amendments made by this 

2 section apply to— 

3 (1) any claim arising from an event occurring 

4 after the date of enactment of this Act; and 

5 (2) any claim arising from an event occurring 

6 before such date of enactment, if the claim is 

7 brought within the limitations period applicable to 

8 the claim. 

9 SEC. 621. FEDERAL ENFORCEMENT ACTIONS. 

10 Section 309(g)(6)(A) of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by 

12 striking ‘‘or section 311(b)’’. 

13 SEC. 622. TIME REQUIRED BEFORE ELECTING TO PROCEED 

14 WITH JUDICIAL CLAIM OR AGAINST THE 

15 FUND. 

16 Paragraph (2) of section 1013(c) of the Oil Pollution 

17 Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 

18 ‘‘90’’ and inserting ‘‘45’’. 

19 SEC. 623. AUTHORIZED LEVEL OF COAST GUARD PER20 SONNEL. 

21 The authorized end-of-year strength for active duty 

22 personnel of the Coast Guard for fiscal year 2011 is here23 by increased by 300 personnel, above any other level au24 thorized by law, for implementing the activities of the 


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1 Coast Guard under this title, including the amendments 

2 made by this title. 

3 SEC. 624. CLARIFICATION OF MEMORANDUMS OF UNDER4 STANDING. 

5 Not later than September 30, 2011, the President 

6 (acting through the head of the appropriate Federal de7 partment or agency) shall implement or revise, as appro8 priate, memorandums of understanding to clarify the roles 

9 and jurisdictional responsibilities of the Environmental 

10 Protection Agency, the Coast Guard, the Department of 

11 the Interior, the Department of Transportation, and other 

12 Federal agencies relating to the prevention of oil dis13 charges from tank vessels, nontank vessels, and facilities 

14 subject to the Oil Pollution Act of 1990. 

15 SEC. 625. BUILD AMERICA REQUIREMENT FOR OFFSHORE 

16 FACILITIES. 

17 (a) IN GENERAL.—Title VI of the Oil Pollution Act 

18 of 1990 (33 U.S.C. 2751 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE 

21 FACILITIES. 

22 ‘‘(a) BUILD AMERICA REQUIREMENT.—Except as 

23 provided by subsection (b), a person may not use an off24 shore facility to engage in support of exploration, develop25 ment, or production of oil or natural gas in, on, above, 


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1 or below the exclusive economic zone unless the facility 

2 was built in the United States, including construction of 

3 any major component of the hull or superstructure of the 

4 facility. 

5 ‘‘(b) WAIVER AUTHORITY.—A person seeking to 

6 charter an offshore facility in the exclusive economic zone 

7 may seek a waiver of subsection (a). The Secretary may 

8 waive subsection (a) if the Secretary, in consultation with 

9 the Secretary of the Interior and the Secretary of Trans10 portation, finds that— 

11 ‘‘(1) the offshore facility was built in a foreign 

12 country and is under contract, on the date of enact13 ment of this section, in support of exploration, devel14 opment, or production of oil or natural gas in, on, 

15 above, or below the exclusive economic zone; 

16 ‘‘(2) an offshore facility built in the United 

17 States is not available within a reasonable period of 

18 time, as defined in subsection (e), or of sufficient 

19 quality to perform drilling operations required under 

20 a contract; or 

21 ‘‘(3) an emergency requires the use of an off22 shore facility built in a foreign country. 

23 ‘‘(c) WRITTEN JUSTIFICATION AND PUBLIC NOTICE

24 OF NONAVAILABILITY WAIVER.—When issuing a waiver 

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1 retary shall issue a detailed written justification as to why 

2 the waiver meets the requirement of such subsection. The 

3 Secretary shall publish the justification in the Federal 

4 Register and provide the public with 45 days for notice 

5 and comment. 

6 ‘‘(d) FINAL DECISION.—The Secretary shall approve 

7 or deny any waiver request submitted under subsection (b) 

8 not later than 90 days after the date of receipt of the re9 quest. 

10 ‘‘(e) REASONABLE PERIOD OF TIME DEFINED.—For 

11 purposes of subsection (b)(2), the term ‘reasonable period 

12 of time’ means the time needed for a person seeking to 

13 charter an offshore facility in the exclusive economic zone 

14 to meet the requirements in the primary term of the per15 son’s lease.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 contained in section 2 of such Act is amended by inserting 

18 after the item relating to section 6004 the following: 

‘‘Sec. 6005. Build America requirement for offshore facilities.’’. 

19 SEC. 626. OIL SPILL RESPONSE VESSEL DATABASE. 

20 (a) REQUIREMENT.—Not later than 90 days after the 

21 date of enactment of this Act, the Commandant of the 

22 Coast Guard shall complete an inventory of all vessels op23 erating in the waters of the United States that are capable 

24 of meeting oil spill response needs designated in the Na25 tional Contingency Plan authorized by section 311(d) of 


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1 the Federal Water Pollution Control Act (33 U.S.C. 

2 1321(d)). 

3 (b) CATEGORIZATION.—The inventory required under 

4 subsection (a) shall categorize such vessels by capabilities, 

5 type, function, and location. 

6 (c) MAINTENANCE OF DATABASE.—The Com7 mandant shall maintain a database containing the results 

8 of the inventory required under subsection (a) and update 

9 the information in the database on no less than a quar10 terly basis. 

11 (d) AVAILABILITY.—The Commandant may make in12 formation regarding the location and capabilities of oil 

13 spill response vessels available to a Federal On-Scene Co14 ordinator designated under section 311 of such Act (33 

15 U.S.C. 1321) to assist in the response to an oil spill or 

16 other incident in the waters of the United States. 

17 SEC. 627. OFFSHORE SENSING AND MONITORING SYSTEMS. 

18 (a) REQUIREMENT.—Subtitle A of title IV of the Oil 

19 Pollution Act of 1990 is amended by adding at the end 

20 the following new section: 

21 ‘‘SEC. 4119. OFFSHORE SENSING AND MONITORING SYS22 TEMS. 

23 ‘‘(a) IN GENERAL.—The equipment required to be 

24 available under section 311(j)(5)(D)(iii) of the Federal 

25 Water Pollution Control Act for facilities listed in section 


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1 311(j)(5)(C)(iii) of such Act and located in more than 500 

2 feet of water includes sensing and monitoring systems that 

3 meet the requirements of this section. 

4 ‘‘(b) SYSTEMS REQUIREMENTS.—Sensing and moni5 toring systems required under subsection (a) shall— 

6 ‘‘(1) use an integrated, modular, expandable, 

7 multi-sensor, open-architecture design and tech8 nology with interoperable capability; 

9 ‘‘(2) be capable of— 

10 ‘‘(A) operating for at least 25 years; 

11 ‘‘(B) real-time physical, biological, geologi12 cal, and environmental monitoring; 

13 ‘‘(C) providing alerts in the event of anom14 alous circumstances; 

15 ‘‘(D) providing docking bases to accommo16 date spatial sensors for remote inspection and 

17 monitoring; and 

18 ‘‘(E) collecting chemical boundary condi19 tion data for drift and flow modeling; and 

20 ‘‘(3) include— 

21 ‘‘(A) an uninterruptible power source; 

22 ‘‘(B) a spatial sensor; 

23 ‘‘(C) secure Internet access to real-time 

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1 mental monitoring data gathered by the system 

2 sensors; and 

3 ‘‘(D) a process by which such observation 

4 data and information will be made available to 

5 Federal Regulators and to the system estab6 lished under section 12304 of Public Law 111– 

7 11 (33 U.S.C. 3603).’’. 

8 (b) REQUEST FOR INFORMATION.—Within 60 days 

9 after the date of enactment of this Act, the Secretary of 

10 the department in which the Coast Guard is operating 

11 shall issue a request for information to determine the most 

12 capable and efficient domestic systems that meet the re13 quirements under section 4119 of the Oil Pollution Act 

14 of 1990, as amended by this section. 

15 (c) IMPLEMENTING REGULATIONS.—Within 180 

16 days after the date of enactment of this Act, the Secretary 

17 of the department in which the Coast Guard is operating 

18 shall issue regulations to implement section 4119 of the 

19 Oil Pollution Act of 1990 as amended by this section. 

20 (d) CLERICAL AMENDMENT.—The table of contents 

21 in section 2 of the Oil Pollution Act of 1990 is amended 

22 by adding at the end of the items relating to such subtitle 

23 the following new item: 

‘‘Sec. 4119. Offshore sensing and monitoring systems.’’. 


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1 SEC. 628. OIL AND GAS EXPLORATION AND PRODUCTION. 

2 Section 502 of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1362) is amended— 

4 (1) by striking paragraph (24); and 

5 (2) by redesignating paragraph (25) as para6 graph (24). 

7 SEC. 629. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) COAST GUARD.—In addition to amounts made 

9 available pursuant to section 1012(a)(5)(A) of the Oil Pol10 lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au11 thorized to be appropriated to the Secretary of the depart12 ment in which the Coast Guard is operating from the Oil 

13 Spill Liability Trust Fund established by section 9509 of 

14 the Internal Revenue Code of 1986 (26 U.S.C. 9509) to 

15 carry out the purposes of this title and the amendments 

16 made by this title the following: 

17 (1) For fiscal year 2011, $30,000,000. 

18 (2) For each of fiscal years 2012 through 2015, 

19 $32,000,000. 

20 (b) ENVIRONMENTAL PROTECTION AGENCY.—In ad21 dition to amounts made available pursuant to section 1012 

22 of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there 

23 is authorized to be appropriated to the Administrator of 

24 the Environmental Protection Agency from the Oil Spill 

25 Liability Trust Fund to implement this title and the 


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1 amendments made by this title $10,000,000 for each of 

2 fiscal years 2011 through 2015. 

3 (c) DEPARTMENT OF TRANSPORTATION.—In addi4 tion to amounts made available pursuant to section 60125 

5 of title 49, United States Code, there is authorized to be 

6 appropriated to the Secretary of Transportation from the 

7 Oil Spill Liability Trust Fund to carry out the purposes 

8 of this title and the amendments made by this title the 

9 following: 

10 (1) For each of fiscal years 2011 through 2013, 

11 $7,000,000. 

12 (2) For each of fiscal years 2014 and 2015, 

13 $6,000,000. 

14 SEC. 630. EXTENSION OF LIABILITY TO PERSONS HAVING 

15 OWNERSHIP INTERESTS IN RESPONSIBLE 

16 PARTIES. 

17 (a) DEFINITION OF RESPONSIBLE PARTY.—Section 

18 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 

19 2701(32)) is amended by adding at the end the following: 

20 ‘‘(G) PERSON HAVING OWNERSHIP INTER21 EST.—Any person, other than an individual, 

22 having an ownership interest (directly or indi23 rectly) in any entity described in any of sub24 paragraphs (A) through (F) of more than 25 

25 percent, in the aggregate, of the total ownership 


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1 interests in such entity, if the assets of such en2 tity are insufficient to pay the claims owed by 

3 such entity as a responsible party under this 

4 Act.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall apply to an incident occurring on or after 

7 January 1, 2010. 

8 SEC. 631. CLARIFICATION OF LIABILITY UNDER OIL POLLU9 TION ACT OF 1990. 

10 The Oil Pollution Act of 1990 is amended— 

11 (1) in section 1013 (33 U.S.C. 2713), by insert12 ing after subsection (f) the following: 

13 ‘‘(g) LIMITATION ON RELEASE OF LIABILITY.—No 

14 release of liability in connection with compensation re15 ceived by a claimant under this Act shall apply to liability 

16 for any type of harm unless— 

17 ‘‘(1) the claimant presented a claim under sub18 section (a) with respect to such type of harm; and 

19 ‘‘(2) the claimant received compensation for 

20 such type of harm, from the responsible party or 

21 from guarantor of the source designated under sec22 tion 1014(a), in connection with such release.’’; and 

23 (2) in section 1018 (33 U.S.C. 2718), by— 

24 (A) striking ‘‘or’’ at the end of paragraph 

25 (1); 


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1 (B) striking the period at the end of para2 graph (2) and inserting ‘‘; and’’; and 

3 (C) inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) with respect to a claim described in section 

6 1013(g), affect, or be construed or interpreted to af7 fect or modify in any way, the obligations or liabil8 ities of any person under other Federal law.’’. 

9 SEC. 632. SALVAGE ACTIVITIES. 

10 Section 311 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1321) is amended— 

12 (1) in subsection (a)(2)(D) by inserting ‘‘or sal13 vage activities’’ after ‘‘removal’’; and 

14 (2) in subsection (c)(4)(A) by inserting ‘‘or con15 ducting salvage activities’’ after ‘‘advice’’. 

16 SEC. 633. REQUIREMENT FOR REDUNDANCY IN RESPONSE 

17 PLANS. 

18 (a) REQUIREMENT.—Section 311(j)(5)(D) of the 

19 Federal Water Pollution Control Act (33 U.S.C. 

20 1331(j)(5)(D)) is amended by redesignating clauses (v) 

21 and (vi) as clauses (vii) and (viii), and by inserting after 

22 clause (iv) the following new clauses: 

23 ‘‘(v) include redundancies that specify 

24 response actions that will be taken if other 

25 response actions specified in the plan fail; 


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1 ‘‘(vi) be vetted by impartial experts;’’. 

2 (b) CONDITION OF PERMIT.—The Outer Continental 

3 Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 

4 adding at the end the following new section: 

5 ‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LI6 CENSE AUTHORIZING DRILLING FOR OIL AND 

7 GAS. 

8 ‘‘The Secretary may not issue any license or permit 

9 authorizing drilling for oil and gas on the Outer Conti10 nental Shelf unless the applicant for the license or permit 

11 has a response plan approved under section 311(j)(5)(D) 

12 of the Federal Water Pollution Control Act (33 U.S.C. 

13 1331(j)(5)(D)) for the vessel or facility that will be used 

14 to conduct such drilling.’’. 

15 SEC. 634. FEDERAL OIL SPILL RESEARCH PROGRAM. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Oil Pollution Research and Development Program Reau18 thorization Act of 2011’’. 

19 (b) FEDERAL OIL POLLUTION RESEARCH COM20 MITTEE.— 

21 (1) PURPOSES.—Section 7001(a)(2) of the Oil 

22 Pollution Act of 1990 (33 U.S.C. 2761(a)(2)) is 

23 amended by striking ‘‘State’’ and inserting ‘‘State 

24 and tribal’’. 


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1 (2) MEMBERSHIP.—Section 7001(a)(3) of such 

2 Act (33 U.S.C. 2761(a)(3)) is amended to read as 

3 follows: 

4 ‘‘(3) STRUCTURE.— 

5 ‘‘(A) MEMBERS.—The Interagency Com6 mittee shall consist of representatives from the 

7 following: 

8 ‘‘(i) The Coast Guard. 

9 ‘‘(ii) The Department of Commerce, 

10 including the National Oceanic and Atmos11 pheric Administration. 

12 ‘‘(iii) The Department of the Interior. 

13 ‘‘(iv) The Environmental Protection 

14 Agency. 

15 ‘‘(B) COLLABORATING AGENCIES.—The 

16 Interagency Committee shall collaborate with 

17 the following: 

18 ‘‘(i) The National Institute of Stand19 ards and Technology. 

20 ‘‘(ii) The Department of Energy. 

21 ‘‘(iii) The Department of Transpor22 tation, including the Maritime Administra23 tion and the Pipeline and Hazardous Mate24 rials Safety Administration. 


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1 ‘‘(iv) The Department of Defense, in2 cluding the Army Corps of Engineers and 

3 the Navy. 

4 ‘‘(v) The Department of Homeland 

5 Security, including the United States Fire 

6 Administration in the Federal Emergency 

7 Management Agency. 

8 ‘‘(vi) The National Aeronautics and 

9 Space Administration. 

10 ‘‘(vii) The National Science Founda11 tion. 

12 ‘‘(viii) Other Federal agencies, as ap13 propriate.’’. 

14 (3) ROLE OF THE CHAIR.—Section 7001(a)(4) 

15 of such Act (33 U.S.C. 2761(a)(4)) is amended to 

16 read as follows: 

17 ‘‘(4) CHAIR.— 

18 ‘‘(A) IN GENERAL.—A representative of 

19 the Coast Guard shall serve as Chair. 

20 ‘‘(B) ROLE OF CHAIR.—The primary role 

21 of the Chair shall be to ensure that— 

22 ‘‘(i) the activities of the Interagency 

23 Committee and the agencies listed in para24 graph (3)(B) are coordinated; 


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1 ‘‘(ii) the implementation plans re2 quired under subsection (b)(1) are com3 pleted and submitted; 

4 ‘‘(iii) the annual reports required 

5 under subsection (e) are completed and 

6 submitted; 

7 ‘‘(iv) the Interagency Committee 

8 meets in accordance with the requirements 

9 of paragraph (5); and 

10 ‘‘(v) the Oil Pollution Research Advi11 sory Committee under subsection (f) is es12 tablished and utilized.’’. 

13 (4) ACTIVITIES.—Section 7001(a) of such Act 

14 (33 U.S.C. 2761(a)) is amended by adding at the 

15 end the following: 

16 ‘‘(5) ACTIVITIES.— 

17 ‘‘(A) ONGOING, COORDINATED EFFORTS.— 

18 The Interagency Committee shall ensure that 

19 the research, development, and demonstration 

20 efforts authorized by this section are coordi21 nated and conducted on an ongoing basis. 

22 ‘‘(B) MEETINGS.— 

23 ‘‘(i) IN GENERAL.—The Interagency 

24 Committee shall meet, or otherwise com25 municate, as appropriate, to— 


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1 ‘‘(I) plan program-related activi2 ties; and 

3 ‘‘(II) determine whether the pro4 gram is resulting in the development 

5 of new or improved methods and tech6 nologies to prevent, detect, respond to, 

7 contain, and mitigate oil discharge. 

8 ‘‘(ii) FREQUENCY.—In no event shall 

9 the Interagency Committee meet less than 

10 once per year. 

11 ‘‘(C) INFORMATION EXCHANGE.—The 

12 Interagency Committee, acting through the Ad13 ministrator of the National Oceanic and Atmos14 pheric Administration, shall develop a national 

15 information clearinghouse on oil discharge 

16 that— 

17 ‘‘(i) includes scientific information 

18 and research on preparedness, response, 

19 and restoration; and 

20 ‘‘(ii) serves as a single electronic ac21 cess and input point for Federal agencies, 

22 emergency responders, the research com23 munity, and other interested parties for 

24 such information.’’. 


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1 (c) OIL POLLUTION RESEARCH AND TECHNOLOGY

2 PLAN.— 

3 (1) IMPLEMENTATION PLAN.—Section 

4 7001(b)(1) of such Act (33 U.S.C. 2761(b)(1)) is 

5 amended— 

6 (A) by striking ‘‘180 days after the date of 

7 enactment of this Act’’ and inserting ‘‘180 days 

8 after the date of enactment of the Oil Pollution 

9 Research and Development Program Reauthor10 ization Act of 2011 and periodically thereafter, 

11 as appropriate, but not less than once every 5 

12 years’’; 

13 (B) by striking subparagraph (A) and in14 serting the following: 

15 ‘‘(A) identify the roles and responsibilities 

16 of each member agency of the Interagency 

17 Committee under subsection (a)(3)(A) and each 

18 of the collaborating agencies under subsection 

19 (a)(3)(B);’’; 

20 (C) in subparagraph (B) by inserting ‘‘con21 tainment,’’ after ‘‘response,’’; 

22 (D) in subparagraph (D) by inserting 

23 ‘‘containment,’’ after ‘‘response,’’; 

24 (E) by striking ‘‘and’’ at the end of sub25 paragraph (E); 


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1 (F) in subparagraph (F)— 

2 (i) by striking ‘‘the States, regional oil 

3 pollution research needs’’ and inserting 

4 ‘‘State and tribal governments, regional oil 

5 pollution research needs, including natural 

6 seeps and pollution resulting from import7 ing oil from overseas,’’; and 

8 (ii) by striking the period at the end 

9 and inserting a semicolon; and 

10 (G) by adding at the end the following new 

11 subparagraphs: 

12 ‘‘(G) identify the information needed to 

13 conduct risk assessment and risk analysis re14 search to effectively prevent oil discharges, in15 cluding information on human factors and deci16 sionmaking, and to protect the environment; 

17 and 

18 ‘‘(H) identify a methodology that— 

19 ‘‘(i) provides for the solicitation, eval20 uation, preapproval, funding, and utiliza21 tion of technologies and research projects 

22 developed by the public and private sector 

23 in advance of future oil discharges; and 

24 ‘‘(ii) where appropriate, ensures that 

25 such technologies are readily available for 


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1 rapid testing and potential deployment and 

2 that research projects can be implemented 

3 during an incident response.’’. 

4 (2) ADVICE AND GUIDANCE.—Section 7001(b) 

5 of such Act (33 U.S.C. 2761(b)) is amended by 

6 striking paragraph (2) and all that follows through 

7 ‘‘under this section.’’ and by inserting the following: 

8 ‘‘(2) ADVICE AND GUIDANCE.— 

9 ‘‘(A) IN GENERAL.—The Chair shall solicit 

10 advice and guidance in the development of the 

11 research plan under paragraph (1) from— 

12 ‘‘(i) the Oil Pollution Research Advi13 sory Committee established under sub14 section (f); 

15 ‘‘(ii) the National Institute of Stand16 ards and Technology on issues relating to 

17 quality assurance and standards measure18 ments; 

19 ‘‘(iii) third party standard-setting or20 ganizations on issues relating to voluntary 

21 consensus standards; and 

22 ‘‘(iv) the public in accordance with 

23 subparagraph (B). 

24 ‘‘(B) PUBLIC COMMENT.—Prior to the 

25 submission of the research plan to Congress 


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1 under paragraph (1), the research plan shall be 

2 published in the Federal Register and subject 

3 to a public comment period of 30 days. The 

4 Chair shall review the public comments received 

5 and incorporate those comments into the plan, 

6 as appropriate.’’. 

7 (3) REVIEW.—Section 7001(b) of such Act (33 

8 U.S.C. 2761(b)) is further amended by adding at 

9 the end the following: 

10 ‘‘(3) REVIEW.—After the submission of each re11 search plan to Congress under paragraph (1), the 

12 Chair shall contract with the National Academy of 

13 Sciences— 

14 ‘‘(A) to review the research plan; 

15 ‘‘(B) to assess the adequacy of the re16 search plan; and 

17 ‘‘(C) to submit a report to Congress on the 

18 conclusions of the assessment. 

19 ‘‘(4) INCORPORATION OF RECOMMENDA20 TIONS.—The Chair shall address any recommenda21 tions in the review conducted under paragraph (3) 

22 and shall incorporate such recommendations into the 

23 research plan, as appropriate.’’. 

24 (d) OIL POLLUTION RESEARCH AND DEVELOPMENT

25 PROGRAM.— 


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1 (1) ESTABLISHMENT.—Section 7001(c)(1) of 

2 such Act (33 U.S.C. 2761(c)(1)) is amended by 

3 striking ‘‘research and development, as provided in 

4 this subsection’’ and inserting ‘‘research, develop5 ment, and demonstration, as provided in this sub6 section and subsection (a)(2)’’. 

7 (2) INNOVATIVE OIL POLLUTION TECH8 NOLOGY.—Section 7001(c)(2) of such Act (33 

9 U.S.C. 2761(c)(2)) is amended— 

10 (A) in the matter before subparagraph (A), 

11 by striking ‘‘preventing or mitigating’’ and in12 serting ‘‘preventing, detecting, containing, re13 covering, or mitigating’’; 

14 (B) by striking subparagraph (I); 

15 (C) by redesignating subparagraph (J) as 

16 subparagraph (I); 

17 (D) by striking the period at the end of 

18 subparagraph (I) (as so redesignated) and by 

19 inserting at the end a semicolon; and 

20 (E) by adding at the end the following: 

21 ‘‘(J) technologies and methods to address 

22 oil discharge on land and in inland waters, 

23 coastal areas, offshore areas, including deep24 water and ultra-deepwater areas, and polar and 

25 other icy areas; and 


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1 ‘‘(K) modeling and simulation capabilities, 

2 including tools and technologies, that can be 

3 used to facilitate effective recovery and contain4 ment of oil discharge during incident re5 sponse.’’. 

6 (3) OIL POLLUTION TECHNOLOGY EVALUA7 TION.—Section 7001(c)(3) of such Act (33 U.S.C. 

8 2761(c)(3)) is amended to read as follows: 

9 ‘‘(3) OIL POLLUTION TECHNOLOGY EVALUA10 TION.—The program established under this sub11 section shall provide for the evaluation of oil pollu12 tion prevention, containment, and mitigation tech13 nologies, including— 

14 ‘‘(A) the evaluation of the performance and 

15 effectiveness of such technologies in preventing, 

16 detecting, containing, recovering, and miti17 gating oil discharges; 

18 ‘‘(B) the evaluation of the environmental 

19 effects of the use of such technologies; 

20 ‘‘(C) the evaluation and testing of tech21 nologies developed independently of the research 

22 and development program established under 

23 this subsection, including technologies developed 

24 by small businesses; 


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1 ‘‘(D) the establishment, with the advice 

2 and guidance of the National Institute of 

3 Standards and Technology, of standards and 

4 testing protocols traceable to national standards 

5 to measure the performance of oil pollution pre6 vention, containment, or mitigation tech7 nologies; 

8 ‘‘(E) an evaluation of the environmental 

9 effects and utility of controlled field testing; 

10 ‘‘(F) the use, where appropriate, of con11 trolled field testing to evaluate real-world appli12 cation of new or improved oil discharge preven13 tion, response, containment, recovery, or mitiga14 tion technologies; 

15 ‘‘(G) an evaluation of the effectiveness of 

16 oil pollution prevention technologies based on 

17 probabilistic risk analyses of the system; and 

18 ‘‘(H) research conducted by the Environ19 mental Protection Agency and other appro20 priate Federal agencies for the evaluation and 

21 testing of technologies that demonstrate— 

22 ‘‘(i) maximum effectiveness, including 

23 application and delivery mechanisms; and 


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1 ‘‘(ii) minimum effects, including tox2 icity, to human health and the environment 

3 in both the near-term and long-term.’’. 

4 (4) OIL POLLUTION EFFECTS RESEARCH.—Sec5 tion 7001(c)(4) of such Act (33 U.S.C. 2761(c)(4)) 

6 is amended— 

7 (A) by striking subparagraph (A) and in8 serting the following: 

9 ‘‘(A) IN GENERAL.— 

10 ‘‘(i) ESTABLISHMENT.—The Inter11 agency Committee, acting through the Ad12 ministrator of the National Oceanic and 

13 Atmospheric Administration, shall estab14 lish a research program to monitor and 

15 scientifically evaluate the environmental ef16 fects, including long-term effects, of oil dis17 charge. 

18 ‘‘(ii) SPECIFICATIONS.—Such pro19 gram shall include the following elements: 

20 ‘‘(I) Research on and the devel21 opment of effective tools to detect, 

22 measure, observe, analyze, monitor, 

23 model, and forecast the presence, 

24 transport, fate, and effect of an oil 

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1 ment, including tools and models to 

2 accurately measure and predict the 

3 flow of oil discharged. 

4 ‘‘(II) The development of meth5 ods, including economic methods, to 

6 assess and predict damages to natural 

7 resources, including air quality, result8 ing from oil discharges, including in 

9 economically disadvantaged commu10 nities and areas. 

11 ‘‘(III) The identification of types 

12 of ecologically sensitive areas at par13 ticular risk from oil discharges, such 

14 as inland waters, coastal areas, off15 shore areas, including deepwater and 

16 ultra-deepwater areas, and polar and 

17 other icy areas. 

18 ‘‘(IV) The preparation of sci19 entific monitoring and evaluation 

20 plans for the areas identified under 

21 subclause (III) to be implemented in 

22 the event of major oil discharges in 

23 such areas. 

24 ‘‘(V) The collection of environ25 mental baseline data in the areas 


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1 identified under subclause (III) if 

2 such data are insufficient. 

3 ‘‘(VI) The use of both onshore 

4 and offshore air quality monitoring to 

5 study the effects of an oil discharge 

6 and oil discharge cleanup technologies 

7 on air quality. 

8 ‘‘(VII) Making the results, 

9 health, and safety warnings readily 

10 available to the public, including 

11 emergency responders, the research 

12 community, local residents, and other 

13 interested parties. 

14 ‘‘(VIII) Research on technologies, 

15 methods, and standards for protecting 

16 removal personnel and for volunteers 

17 that may participate in incident re18 sponses, including training, adequate 

19 supervision, protective equipment, 

20 maximum exposure limits, and decon21 tamination procedures.’’; 

22 (B) in subparagraph (B)— 

23 (i) by striking ‘‘(B) The Department 

24 of Commerce’’ and all that follows through 


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1 ‘‘future oil discharges.’’ and inserting the 

2 following: 

3 ‘‘(B) CONDITIONS.—The Interagency Com4 mittee, acting through the Administrator of the 

5 National Oceanic and Atmospheric Administra6 tion, shall conduct research activities under 

7 subparagraph (A) for areas in which— 

8 ‘‘(i) the amount of oil discharged ex9 ceeds 250,000 gallons; and 

10 ‘‘(ii) a study of the long-term environ11 mental effects of the discharge would be of 

12 significant scientific value, especially for 

13 preventing or responding to future oil dis14 charges.’’; 

15 (ii) by striking ‘‘ATHOS I, and’’ and 

16 inserting ‘‘ATHOS I;’’; and 

17 (iii) by striking the period at the end 

18 and inserting ‘‘; Prince William Sound, 

19 where oil was discharged by the EXXON 

20 VALDEZ; and the Gulf of Mexico, where 

21 oil was discharged by the DEEPWATER 

22 HORIZON.’’; and 

23 (C) in subparagraph (C) by striking ‘‘Re24 search’’ and inserting ‘‘COORDINATION.—Re25 search’’. 


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1 (5) DEMONSTRATION PROJECTS.—Section 

2 7001(c)(6) of such Act (33 U.S.C. 2761(c)(6)) is 

3 amended— 

4 (A) by striking the first sentence and in5 serting the following: ‘‘The United States Coast 

6 Guard, in conjunction with such agencies as the 

7 President may designate, shall conduct a total 

8 of 2 port oil pollution minimization demonstra9 tion projects, 1 with the Ports of Los Angeles 

10 and Long Beach, California, and 1 with a port 

11 on the Great Lakes, for the purpose of devel12 oping and demonstrating integrated port oil 

13 pollution prevention and cleanup systems that 

14 utilize the information and implement the im15 proved practices and technologies developed 

16 from the research, development, and demonstra17 tion program established in this section.’’; and 

18 (B) in the second sentence by striking ‘‘oil 

19 spill’’ and inserting ‘‘oil discharge’’. 

20 (6) SIMULATED ENVIRONMENTAL TESTING.— 

21 Section 7001(c)(7) of such Act (33 U.S.C. 

22 2761(c)(7)) is amended by inserting ‘‘Oil pollution 

23 technology testing and evaluations shall be given pri24 ority over all other activities performed at such Re25 search Center.’’ after ‘‘evaluations.’’. 


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1 (7) REGIONAL RESEARCH PROGRAM.— 

2 (A) IN GENERAL.—Section 7001(c)(8) of 

3 such Act (33 U.S.C. 2761(c)(8)) is amended— 

4 (i) in subparagraph (A)— 

5 (I) by striking ‘‘program of com6 petitive grants’’ and inserting ‘‘pro7 gram of peer-reviewed, competitive 

8 grants’’; and 

9 (II) by striking ‘‘(1989)’’ and in10 serting ‘‘(2009)’’; 

11 (ii) in subparagraph (C) by striking 

12 ‘‘the entity or entities which’’ and inserting 

13 ‘‘at least one entity that’’; and 

14 (iii) by adding at the end the fol15 lowing new subparagraph: 

16 ‘‘(H) In carrying out this paragraph, the 

17 Interagency Committee shall coordinate the 

18 program of peer-reviewed, competitive grants to 

19 universities or other research institutions, in20 cluding Minority Serving Institutions as defined 

21 under section 371(a) of the Higher Education 

22 Act of 1965 (20 U.S.C. 1067q(a)), and provide 

23 consideration to such institutions in the rec24 ommendations for awarding grants.’’. 


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1 (B) FUNDING.—Section 7001(c)(9) of such 

2 Act (33 U.S.C. 2761(c)(9)) is amended by 

3 striking ‘‘1991’’ and all that follows through 

4 ‘‘shall be available’’ and inserting ‘‘2011, 2012, 

5 2013, 2014, and 2015, there are authorized to 

6 be appropriated from amounts in the Fund 

7 $12,000,000’’. 

8 (e) INTERNATIONAL COOPERATION.—Section 

9 7001(d) of such Act (33 U.S.C. 2761(d)) is amended to 

10 read as follows: 

11 ‘‘(d) INTERNATIONAL COOPERATION.—In accordance 

12 with the research plan submitted under subsection (b), the 

13 Interagency Committee shall engage in international co14 operation by— 

15 ‘‘(1) harnessing global expertise through col16 laborative partnerships with foreign governments 

17 and research entities, and domestic and foreign pri18 vate actors, including nongovernmental organizations 

19 and private sector companies; and 

20 ‘‘(2) leveraging public and private capital, tech21 nology, expertise, and services towards innovative 

22 models that can be instituted to conduct collabo23 rative oil pollution research, development, and dem24 onstration activities, including controlled field tests 


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1 of oil discharges and other activities designed to im2 prove oil recovery and cleanup.’’. 

3 (f) ANNUAL REPORTS.—Section 7001(e) of such Act 

4 (33 U.S.C. 2761(e)) is amended to read as follows: 

5 ‘‘(e) ANNUAL REPORT.— 

6 ‘‘(1) Concurrent with the submission to Con7 gress of the President’s annual budget request in 

8 each year after the date of enactment of the Oil Pol9 lution Research and Development Program Reau10 thorization Act of 2011, the Chair of the Inter11 agency Committee shall submit to Congress a report 

12 describing the— 

13 ‘‘(A) activities carried out under this sec14 tion in the preceding fiscal year, including— 

15 ‘‘(i) a description of major research 

16 conducted on oil discharge prevention, de17 tection, containment, recovery, and mitiga18 tion techniques in all environments by each 

19 agency described in subsection (a)(3)(A) 

20 and (B); and 

21 ‘‘(ii) a summary of— 

22 ‘‘(I) projects in which the agency 

23 contributed funding or other re24 sources; 


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1 ‘‘(II) major projects undertaken 

2 by State and tribal governments, and 

3 foreign governments; and 

4 ‘‘(III) major projects undertaken 

5 by the private sector and educational 

6 institutions; 

7 ‘‘(B) activities being carried out under this 

8 section in the current fiscal year, including a 

9 description of major research and development 

10 activities on oil discharge prevention, detection, 

11 containment, recovery, and mitigation tech12 nologies and techniques in all environments that 

13 each agency will conduct or contribute to; and 

14 ‘‘(C) activities proposed to be carried out 

15 under this section in the subsequent fiscal year, 

16 including an analysis of how these activities will 

17 further the purposes of the program authorized 

18 by this section. 

19 ‘‘(2) If the National Academy of Sciences pro20 vides recommendations on the research plan under 

21 subsection (b)(3), the Chair shall include, in the first 

22 annual report under paragraph (1) of this sub23 section, a description of those recommendations in24 corporated into the research plan, and a description 


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1 of, and explanation for, any recommendations that 

2 are not included in such plan.’’. 

3 (g) ADVISORY COMMITTEE.—Section 7001 of such 

4 Act (33 U.S.C. 2761) is further amended— 

5 (1) by redesignating subsection (f) as sub6 section (g); and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) ADVISORY COMMITTEE.— 

10 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

11 after the date of enactment of the Oil Pollution Re12 search and Development Program Reauthorization 

13 Act of 2011, the Chair of the Interagency Com14 mittee shall establish an advisory committee to be 

15 known as the Oil Pollution Research Advisory Com16 mittee (in this subsection referred to as the ‘advisory 

17 committee’). 

18 ‘‘(2) MEMBERSHIP.— 

19 ‘‘(A) IN GENERAL.—The advisory com20 mittee shall be composed of members appointed 

21 by the Chair, in consultation with each member 

22 agency described in subsection (a)(3), includ23 ing— 

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1 ational knowledge of prevention, detection, 

2 response, containment, and mitigation of 

3 oil discharges; 

4 ‘‘(ii) individuals broadly representative 

5 of stakeholders affected by oil discharges; 

6 and 

7 ‘‘(iii) other individuals, as determined 

8 by the Chair. 

9 ‘‘(B) LIMITATIONS.—The Chair shall— 

10 ‘‘(i) appoint no more than 25 mem11 bers that shall not include representatives 

12 of the Federal Government, but may in13 clude representatives from State, tribal, 

14 and local governments; and 

15 ‘‘(ii) ensure that no class of individ16 uals described in clause (ii) or (iii) of subparagraph (A) comprises more than 1 17 ⁄3 of 

18 the membership of the advisory committee. 

19 ‘‘(C) TERMS OF SERVICE.— 

20 ‘‘(i) IN GENERAL.—Members shall be 

21 appointed for a 3-year term and may serve 

22 for not more than 2 terms, except as pro23 vided in clause (iii). 


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1 ‘‘(ii) VACANCIES.—Vacancy appoint2 ments shall be for the remainder of the un3 expired term of the vacancy. 

4 ‘‘(iii) SPECIAL RULE.—If a member is 

5 appointed to fill a vacancy and the remain6 der of the unexpired term is less than 1 

7 year, the member may subsequently be ap8 pointed for 2 full terms. 

9 ‘‘(D) COMPENSATION AND EXPENSES.— 

10 Members of the advisory committee shall not be 

11 compensated for service on the advisory com12 mittee, but may be allowed travel expenses, in13 cluding per diem in lieu of subsistence, in ac14 cordance with subchapter I of chapter 57 of 

15 title 5, United States Code. 

16 ‘‘(3) DUTIES.—The advisory committee shall 

17 review, advise, and comment on Interagency Com18 mittee activities, including the following: 

19 ‘‘(A) Management and functioning of the 

20 Interagency Committee. 

21 ‘‘(B) Collaboration of the Interagency 

22 Committee and the agencies listed in subsection 

23 (a)(3)(B). 

24 ‘‘(C) The research and technology develop25 ment of new or improved response capabilities. 


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1 ‘‘(D) The use of cost-effective research 

2 mechanisms. 

3 ‘‘(E) Research, computation, and modeling 

4 needs and other resources needed to develop a 

5 comprehensive program of oil pollution re6 search. 

7 ‘‘(4) SUBCOMMITTEES.—The advisory com8 mittee may establish subcommittees of its members. 

9 ‘‘(5) MEETINGS.—The advisory committee shall 

10 meet at least once per year and at other times at the 

11 call of the Chair of the Interagency Committee. 

12 ‘‘(6) REPORT.—The advisory committee shall 

13 submit biennial reports to the Interagency Com14 mittee and Congress on the function, activities, and 

15 progress of the Interagency Committee and the pro16 grams established under this section. 

17 ‘‘(7) EXPIRATION.—Section 14 of the Federal 

18 Advisory Committee Act (5 U.S.C. App.) shall not 

19 apply to the advisory committee.’’. 

20 (h) FUNDING.— 

21 (1) IN GENERAL.—Section 7001(g) of such Act, 

22 as redesignated by subsection (g) of this section, is 

23 amended to read as follows: 

24 ‘‘(g) FUNDING.—From the amounts authorized in 

25 section 321 of the Implementing the Recommendations of 


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1 the BP Oil Spill Commission Act of 2011, there are au2 thorized to be appropriated— 

3 ‘‘(1) $16,000,000 to the Administrator of the 

4 National Oceanic and Atmospheric Administration 

5 annually to carry out this section; and 

6 ‘‘(2) $2,000,000 for each of fiscal years 2011, 

7 2012, 2013, and 2014 to carry out the activities in 

8 subsection (c)(6).’’. 

9 (i) ACCESS TO RESEARCH DURING AN EMER10 GENCY.—Section 7001 of such Act (33 U.S.C. 2761) is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(h) ACCESS TO RESEARCH DURING AN EMER14 GENCY.—Any entity that receives Federal funding for re15 search, the methodologies or results of which may be use16 ful for response activities in the event of an oil discharge 

17 incident described in sections 300.300–334 of title 40 of 

18 the Code of Federal Regulations, shall, upon request to 

19 that entity, make the methodologies or results of such re20 search available to the Interagency Committee and the 

21 Federal On-Scene Coordinator (as defined in section 

22 311(a)(21) of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1321(a)(21))). Any methodologies or research 

24 results made available under this subsection shall be for 

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1 spect to the oil discharge incident, and shall not be avail2 able for disclosure under section 552 of title 5, United 

3 States Code, or included in information made publicly 

4 available pursuant to this Act.’’. 

5 SEC. 635. OIL SPILL LIABILITY TRUST FUND. 

6 (a) ADVANCE PAYMENTS.—Section 1012 of the Oil 

7 Pollution Act of 1990 (33 U.S.C. 2712) is amended by 

8 adding at the end the following: 

9 ‘‘(m) ADVANCE PAYMENTS.—The President shall 

10 promulgate regulations that allow advance payments to be 

11 made from the Fund to States and political subdivisions 

12 of States for actions taken to prepare for and mitigate 

13 substantial threats from the discharge of oil.’’. 

14 (b) OIL SPILL LIABILITY TRUST FUND.— 

15 (1) LIMITATIONS ON EXPENDITURES.—Section 

16 9509(c) of the Internal Revenue Code of 1986 (re17 lating to expenditures from the Oil Spill Liability 

18 Trust Fund) is amended— 

19 (A) by striking paragraph (2); 

20 (B) by striking ‘‘EXPENDITURES’’ and all 

21 that follows through ‘‘Amounts in’’ and insert22 ing ‘‘EXPENDITURES.—Amounts in’’; and 

23 (C) by redesignating subparagraphs (A) 

24 through (F) as paragraphs (1) through (6), re25 spectively, and indenting appropriately. 


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1 (2) AUTHORITY TO BORROW.—Section 9509(d) 

2 of the Internal Revenue Code of 1986 (relating to 

3 authority to borrow for the Oil Spill Liability Trust 

4 Fund) is amended— 

5 (A) by striking paragraph (2); 

6 (B) by redesignating paragraph (3) as 

7 paragraph (2); and 

8 (C) in paragraph (2) (as so redesig9 nated)— 

10 (i) by striking subparagraph (B); and 

11 (ii) by redesignating subparagraph 

12 (C) as subparagraph (B). 

13 TITLE VII—DILIGENT DEVELOP14 MENT OF FEDERAL OIL AND 

15 GAS LEASES 

16 SEC. 701. CLARIFICATION. 

17 The lands subject to each lease that authorizes the 

18 exploration for or development or production of oil or nat19 ural gas that is issued under a provision of law described 

20 in section 702 shall be diligently developed for such pro21 duction by the person holding the lease in order to ensure 

22 timely production from the lease. 

23 SEC. 702. COVERED PROVISIONS. 

24 The provisions referred to in the above section are 

25 the following: 


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1 (1) Section 17 of the Mineral Leasing Act (30 

2 U.S.C. 226). 

3 (2) Section 107 of the Naval Petroleum Re4 serves Production Act of 1976 (42 U.S.C. 6506a). 

5 (3) The Outer Continental Shelf Lands Act (43 

6 11 U.S.C. 1331 et seq.). 

7 (4) The Mineral Leasing Act for Acquired 

8 Lands (30 U.S.C. 351 et seq.). 

9 SEC. 703. REGULATIONS. 

10 The Secretary of the Interior shall issue regulations 

11 within 180 days after the date of enactment of this Act 

12 that establish what constitutes diligently developing for 

13 purposes of this title. 

14 SEC. 704. RESOURCE ESTIMATES AND LEASING PROGRAM 

15 MANAGEMENT INDICATORS. 

16 (a) IN GENERAL.—The Secretary of the Interior shall 

17 annually collect and report to Congress— 

18 (1) the number of leases and the number of 

19 acres of land under Federal onshore oil and gas 

20 lease, per State and per year the lease was issued— 

21 (A) on which seismic exploration activity is 

22 occurring or has occurred; 

23 (B) on which permits to drill have been ap24 plied for, but not yet awarded; 


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1 (C) on which permits to drill have been ap2 proved, but no drilling has yet occurred; 

3 (D) on which wells have been drilled but 

4 no production has occurred; and 

5 (E) on which production is occurring; 

6 (2) resource estimates for and the number of 

7 acres of Federal onshore and offshore lands, by 

8 State or offshore planning area— 

9 (A) under lease, per year the lease was 

10 issued; 

11 (B) under lease and not producing, per 

12 year the lease was issued; 

13 (C) under lease and drilled, but not pro14 ducing, per year the lease was issued; 

15 (D) offered for lease in a lease sale con16 ducted during the previous year, but not leased; 

17 and 

18 (E) available for leasing but not under 

19 lease or offered for leasing in the previous year; 

20 (3) resource estimates for and the number of 

21 acres of unleased Federal onshore and offshore land 

22 available for oil and gas leasing; 

23 (4) resource estimates for and the number of 

24 acres of areas of the Outer Continental Shelf— 


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1 (A) included in proposed sale areas in the 

2 most recent 5-year plan developed by the Sec3 retary pursuant to section 18 of the Outer Con4 tinental Shelf Lands Act (43 U.S.C. 1344); and 

5 (B) available for oil and gas leasing but 

6 not included in the 5-year plan; 

7 (5) the number of leases and the number of 

8 acres of Federal onshore land, per Bureau of Land 

9 Management field office, offered in a lease sale con10 ducted during the previous year, including data on 

11 the number of protests filed and how many lease 

12 tracts were withdrawn as a result of such protests, 

13 and how many leases were offered and issued with 

14 stipulations as a result of those protests, including 

15 the name of the entity or entities filing the protests; 

16 (6) the number of applications for permits to 

17 drill received, approved, pending, and denied, in the 

18 previous year per Bureau of Land Management and 

19 Minerals Management Service field office; 

20 (7) the number of environmental inspections 

21 conducted per State and per Bureau of Land Man22 agement and Minerals Management Service field of23 fice in the previous year; and 

24 (8) the number of full time staff equivalent 

25 (FTEs) devoted to permit processing and oversight 


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1 per Bureau of Land Management and Minerals 

2 Management Service field office. 

3 (b) COVERED PROVISIONS.—Subsection (a) shall 

4 apply with respect to leases and land eligible for leasing 

5 pursuant to— 

6 (1) section 17 of the Mineral Leasing Act (30 

7 U.S.C. 226); 

8 (2) the Mineral Leasing Act for Acquired 

9 Lands (30 U.S.C. 351 et seq.); 

10 (3) section 107 of the Naval Petroleum Re11 serves Production Act of 1976 (42 U.S.C. 6506a);or 

12 (4) the Outer Continental Shelf Lands Act (43 

13 U.S.C. 1331 et seq.). 

14 SEC. 705. PRODUCTION INCENTIVE FEE. 

15 (a) ESTABLISHMENT.—The Secretary of the Interior 

16 shall, within 180 days after the date of enactment of this 

17 Act, issue regulations to establish an annual production 

18 incentive fee with respect to Federal onshore and offshore 

19 lands that are subject to a lease for production of oil or 

20 natural gas under which production is not occurring. Such 

21 fee shall apply with respect to lands that are subject to 

22 such a lease that is in effect on the date final regulations 

23 are promulgated under this subsection or that is issued 

24 thereafter. 


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1 (b) AMOUNT.—The amount of the fee shall be, for 

2 each acre of land from which oil or natural gas is produced 

3 for less than 90 days in a calendar year— 

4 (1) in the case of onshore land— 

5 (A) for each of the first 3 years of the 

6 lease, $4 per acre in 2011 dollars; 

7 (B) for the fourth year of the lease, $6 per 

8 acre in 2011 dollars; and 

9 (C) for the fifth year of the lease and each 

10 year thereafter for which the lease is otherwise 

11 in effect, $8 per acre in 2011 dollars; and 

12 (2) in the case of offshore land— 

13 (A) for each of the third, fourth, and fifth 

14 years of the lease, $4 per acre in 2011 dollars; 

15 (B) for the sixth year of the lease, $6 per 

16 acre in 2011 dollars; and 

17 (C) for the seventh year of the lease and 

18 each year thereafter for which the lease is oth19 erwise in effect, $8 per acre in 2011 dollars. 

20 (c) ASSESSMENT AND COLLECTION.—The Secretary 

21 shall assess and collect the fee established under this sec22 tion. 

23 (d) DEPOSIT.—Amounts received by the United 

24 States as the fee under this section shall be deposited in 

25 the general fund of the Treasury. 


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1 (e) REGULATIONS.—The Secretary of the Interior 

2 may issue regulations to prevent evasion of the fee under 

3 this section. 

4 TITLE VIII—NATIONAL PETRO5 LEUM RESERVE IN ALASKA 

6 SEC. 801. ACCELERATION OF LEASE SALES FOR NATIONAL 

7 PETROLEUM RESERVE IN ALASKA. 

8 Section 107(d) of the Naval Petroleum Reserves Pro9 duction Act of 1976 (42 U.S.C. 6506a(d)) is amended— 

10 (1) by striking ‘‘(d)’’ and all that follows 

11 through ‘‘; first lease sale’’ and inserting the fol12 lowing: 

13 ‘‘(d) LEASE SALES.— 

14 ‘‘(1) FIRST LEASE SALE.—The first lease sale’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(2) SUBSEQUENT LEASE SALES.—The Sec18 retary shall accelerate, to the maximum extent prac19 ticable, competitive and environmentally responsible 

20 leasing of oil and gas in the Reserve in accordance 

21 with this Act and all applicable environmental laws, 

22 including at least 1 lease sale during each of cal23 endar years 2011 through 2016.’’. 


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1 SEC. 802. NATIONAL PETROLEUM RESERVE IN ALASKA: 

2 PIPELINE CONSTRUCTION. 

3 The Federal Energy Regulatory Commission shall fa4 cilitate, in an environmentally responsible manner and in 

5 coordination with the Secretary of the Interior, the Sec6 retary of Transportation, the Secretary of Energy, and the 

7 State of Alaska, the construction of pipelines necessary to 

8 transport oil and natural gas from or through the National 

9 Petroleum Reserve in Alaska to existing transportation or 

10 processing infrastructure on the North Slope of Alaska. 

11 SEC. 803. PROJECT LABOR AGREEMENTS AND OTHER PIPE12 LINE REQUIREMENTS. 

13 (a) PROJECT LABOR AGREEMENTS.—The President, 

14 as a term and condition of any permit required under Fed15 eral law for the pipelines referred to in section 802, and 

16 in recognizing the Government’s interest in labor stability 

17 and in the ability of construction labor and management 

18 to meet the particular needs and conditions of such pipe19 lines to be developed under such permits and the special 

20 concerns of the holders of such permits, shall require that 

21 the operators of such pipelines and their agents and con22 tractors negotiate to obtain a project labor agreement for 

23 the employment of laborers and mechanics on production, 

24 maintenance, and construction for such pipelines. 

25 (b) PIPELINE MAINTENANCE.—The Secretary of 

26 Transportation shall require every pipeline operator auVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 thorized to transport oil and gas produced under Federal 

2 oil and gas leases in Alaska through the Trans-Alaska 

3 Pipeline, any pipeline constructed pursuant to this Act, 

4 or any other federally approved pipeline transporting oil 

5 and gas from the North Slope of Alaska, to certify to the 

6 Secretary of Transportation annually that such pipeline 

7 is being fully maintained and operated in an efficient man8 ner. The Secretary of Transportation shall assess appro9 priate civil penalties for violations of this requirement in 

10 the same manner as civil penalties are assessed for viola11 tions under section 60122(a)(1) of title 49, United States 

12 Code. 

13 SEC. 804. PROVISIONS RELATING TO LEASE TERMS IN THE 

14 NATIONAL PETROLEUM RESERVE IN ALASKA. 

15 Section 107 of the Naval Petroleum Reserves Produc16 tion Act of 1976 (as transferred, redesignated, moved, and 

17 amended by section 347 of the Energy Policy Act of 2005 

18 (119 Stat. 704; 42 U.S.C. 6506a)) is amended— 

19 (1) in subsection (i), by striking paragraphs (2) 

20 through (6); and 

21 (2) by striking subsection (k). 


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1 TITLE IX—STUDY OF ACTIONS 

2 TO IMPROVE THE ACCURACY 

3 OF COLLECTION OF ROYAL4 TIES 

5 SEC. 901. SHORT TITLE. 

6 This title may be cited as the ‘‘Study of Ways To 

7 Improve the Accuracy of the Collection of Federal Oil, 

8 Condensate, and Natural Gas Royalties Act of 2011’’. 

9 SEC. 902. STUDY OF ACTIONS TO IMPROVE THE ACCURACY 

10 OF COLLECTION OF FEDERAL OIL, CONDEN11 SATE, AND NATURAL GAS ROYALTIES. 

12 The Secretary of the Interior shall seek to enter into 

13 an arrangement with the National Academy of Engineer14 ing under which the Academy, by not later than six 

15 months after the date of the enactment of this Act, shall 

16 study and report to the Secretary regarding whether the 

17 accuracy of collection of royalties on production of oil, con18 densate, and natural gas under leases of Federal lands (in 

19 eluding submerged and deep water lands) and Indian 

20 lands would be improved by any of the following: 

21 (1) Requiring the installation of digital meters, 

22 calibrated at least monthly to an absolute zero value, 

23 for all lands from which natural gas (including con24 densate) is produced under such leases. 

25 (2) Requiring that— 


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1 (A) the size of every orifice plate on each 

2 natural gas well operated under such leases be 

3 inspected at least quarterly by the Secretary; 

4 and 

5 (B) chipped orifice plates and wrong-sized 

6 orifice plates be replaced immediately after 

7 those inspections and reported to the Secretary 

8 for retroactive volume measurement corrections 

9 and royalty payments with interest of 8 percent 

10 compounded monthly. 

11 (3) Requiring that any plug valves that are in 

12 natural gas gathering lines be removed and replaced 

13 with ball valves. 

14 (4) Requiring that— 

15 (A) all meter runs should be opened for in16 spection by the Secretary and the producer at 

17 all times; and 

18 (B) any welding or closing of the meter 

19 runs leading to the orifice plates should be pro20 hibited unless authorized by the Secretary. 

21 (5) Requiring the installation of straightening 

22 vanes approximately 10 feet before natural gas en23 ters each orifice meter, including each master meter 

24 and each sales meter. 


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1 (6) Requiring that all master meters be in2 spected and the results of such inspections be made 

3 available to the Secretary and the producers imme4 diately. 

5 (7) Requiring that— 

6 (A) all sampling of natural gas for heating 

7 content analysis be performed monthly up8 stream of each natural gas meter, including up9 stream of each master meter; 

10 (B) records of such sampling and heating 

11 content analysis be maintained by the pur12 chaser and made available to the Secretary and 

13 to the producer monthly; 

14 (C) probes for such upstream sampling be 

15 installed upstream within three feet of each 

16 natural gas meter; 

17 (D) any oil and natural gas lease for which 

18 heat content analysis is falsified shall be subject 

19 to cancellation; 

20 (E) natural gas sampling probes be lo21 cated— 

22 (i) upstream of the natural gas meter 

23 at all times; 

24 (ii) within a few feet of the natural 

25 gas meter; and 


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1 (iii) after the natural gas goes 

2 through a Welker or Y–Z vanishing cham3 ber; and 

4 (F) temperature probes and testing probes 

5 be located between the natural gas sampling 

6 probe and the orifice of the natural gas meter. 

7 (8) Prohibiting the dilution of natural gas with 

8 inert nitrogen or inert carbon dioxide gas for royalty 

9 determination, sale, or resale at any point. 

10 (9) Requiring that both the measurement of the 

11 volume of natural gas and the heating content anal12 yses be reported only on the basis of 14.73 PSI and 

13 60 degrees Fahrenheit, regardless of the elevation 

14 above sea level of such volume measurement and 

15 heating content analysis, for both purchases and 

16 sales of natural gas. 

17 (10) Prohibiting the construction of bypass 

18 pipes that go around the natural gas meter, and im19 posing criminal penalties for any such construction 

20 or subsequent removal including, but not limited to, 

21 automatic cancellation of the lease. 

22 (11) Requiring that all natural gas sold to con23 sumers have a minimum BTU content of 960 at an 

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1 perature of 60 degrees Fahrenheit, as required by 

2 the State of Wyoming Public Utilities Commission. 

3 (12) Requiring that all natural gas sold in the 

4 USA will be on a MMBTU basis with the BTU con5 tent adjusted for elevation above sea level in higher 

6 altitudes. Thus all natural gas meters must correct 

7 for BTU content in higher elevations (altitudes). 

8 (13) Issuance by the Secretary of rules for the 

9 measurement at the wellhead of the standard volume 

10 of natural gas produced, based on independent in11 dustry standards such as those suggested by the 

12 American Society of Testing Materials (ASTM). 

13 (14) Requiring use of the fundamental orifice 

14 meter mass flow equation, as revised in 1990, for 

15 calculating the standard volume of natural gas pro16 duced. 

17 (15) Requiring the use of Fpv in standard vol18 ume measurement computations as described in the 

19 1992 American Gas Association Report No. 8 enti20 tled Compressibility Factor of Natural Gas and 

21 Other Related Hydrocarbon Gases. 

22 (16) Requiring that gathering lines must be 

23 constructed so as to have as few angles and turns 

24 as possible, with a maximum of three angles, before 

25 they connect with the natural gas meter. 


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1 (17) Requiring that for purposes of reporting 

2 the royalty value of natural gas, condensate, oil, and 

3 associated natural gases, such royalty value must be 

4 based upon the natural gas’ condensate’s, oil’s, and 

5 associated natural gases’ arm’s length, independent 

6 market value, as reported in independent, respected 

7 market reports such as Platts or Bloombergs, and 

8 not based upon industry controlled posted prices, 

9 such as Koch’s. 

10 (18) Requiring that royalties be paid on all the 

11 condensate recovered through purging gathering 

12 lines and pipelines with a cone-shaped device to push 

13 out condensate (popularly referred to as a pig) and 

14 on condensate recovered from separators, 

15 dehydrators, and processing plants. 

16 (19) Requiring that all royalty deductions for 

17 dehydration, treating, natural gas gathering, com18 pression, transportation, marketing, removal of im19 purities such as carbon dioxide (CO2), nitrogen (N2), 

20 hydrogen sulphide (H2S), mercaptain (HS), helium 

21 (He), and other similar charges on natural gas, con22 densate, and oil produced under such leases that are 

23 now in existence be eliminated. 

24 (20) Requiring that at all times— 


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1 (A) the quantity, quality, and value ob2 tained for natural gas liquids (condensate) be 

3 reported to the Secretary; and 

4 (B) such reported value be based on fair 

5 independent arm’s length market value. 

6 (21) Issuance by the Secretary of regulations 

7 that prohibit venting or flaring (or both) of natural 

8 gas in cases for which technology exists to reason9 ably prevent it, strict enforcement of such prohibi10 tions, and cancellation of leases for violations. 

11 (22) Requiring lessees to pay full royalties on 

12 any natural gas that is vented, flared, or otherwise 

13 avoidably lost. 

14 (23)(A) Requiring payment of royalties on car15 bon dioxide at the wellhead used for tertiary oil re16 covery from depleted oil fields on the basis of 5 per17 cent of the West Texas Intermediate crude oil fair 

18 market price to be used for one MCF (1,000 cubic 

19 feet) of carbon dioxide gas. 

20 (B) Requiring that— 

21 (i) carbon dioxide used for edible purposes 

22 should be subjected to a royalty per thousand 

23 cubic feet (MCF) on the basis of the sales price 

24 at the downstream delivery point without deVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 ducting for removal of impurities, processing, 

2 transportation, and marketing costs; 

3 (ii) such price to apply with respect to gas4 eous forms, liquid forms, and solid (dry ice) 

5 forms of carbon dioxide converted to equivalent 

6 MCF; and 

7 (iii) such royalty to apply with respect to 

8 both a direct producer of carbon dioxide and 

9 purchases of carbon dioxide from another per10 son that is either affiliated or not affiliated with 

11 the purchaser. 

12 (24) Requiring that— 

13 (A) royalties be paid on the fair market 

14 value of nitrogen extracted from such leases 

15 that is used industrially for well stimulation, 

16 helium recovery, or other uses; and 

17 (B) royalties be paid on the fair market 

18 value of ultimately processed helium recovered 

19 from such leases. 

20 (25) Allowing only 5 percent of the value of the 

21 elemental sulfur recovered during processing of hy22 drogen sulfide gas from such leases to be deducted 

23 for processing costs in determining royalty pay24 ments. 


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1 (26) Requiring that all heating content analysis 

2 of natural gas be conducted to a minimum level of 

3 C15. 

4 (27) Eliminating artificial conversion from dry 

5 BTU to wet BTU, and requiring that natural gas be 

6 analyzed and royalties paid for at all times on the 

7 basis of dry BTU only. 

8 (28) Requiring that natural gas sampling be 

9 performed at all times with a floating piston cylinder 

10 container at the same pressure intake as the pres11 sure of the natural gas gathering line. 

12 (29) Requiring use of natural gas filters with a 

13 minimum of 10 microns, and preferably 15 microns, 

14 both in the intake to natural gas sampling con15 tainers and in the exit from the natural gas sam16 pling containers into the chromatograph. 

17 (30) Mandate the use of a Quad Unit for both 

18 portable and stationary chromatographs in order to 

19 correct for the presence of nitrogen and oxygen, if 

20 any, in certain natural gas streams. 

21 (31) Require the calibration of all chro22 matograph equipment every three months and the 

23 use of only American Gas Association-approved 

24 standard comparison containers for such calibration. 


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1 (32) Requiring payment of royalties on any 

2 such natural gas stored on Federal or Indian lands 

3 on the basis of corresponding storage charges for the 

4 use of Federal or Indian lands, respectively, for such 

5 storage service. 

6 (33) Imposing penalties for the intentional non7 payment of royalties for natural gas liquids recov8 ered— 

9 (A) from purging of natural gas gathering 

10 lines and natural gas pipelines; or 

11 (B) from field separators, dehydrators, and 

12 processing plants, 

13 including cancellation of oil and natural gas leases 

14 and criminal penalties. 

15 (34) Requiring that the separator, dehydrator, 

16 and natural gas meter be located within 100 feet of 

17 each natural gas wellhead. 

18 (35) Requiring that BTU heating content anal19 ysis be performed when the natural gas is at a tem20 perature of 140 to 150 degrees Fahrenheit at all 

21 times, as required by the American Gas Association 

22 (AGA) regulations. 

23 (36) Requiring that heating content analysis 

24 and volume measurements are identical at the sales 

25 point to what they are at the purchase point, after 


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1 allowing for a small volume for leakage in old pipes, 

2 but with no allowance for heating content discrep3 ancy. 

4 (37) Verification by the Secretary that the spe5 cific gravity of natural gas produced under such 

6 leases, as measured at the meter run, corresponds to 

7 the heating content analysis data for such natural 

8 gas, in accordance with the Natural Gas Processors 

9 Association Publication 2145–71(1), entitled ‘‘Phys10 ical Constants Of Paraffin Hydrocarbons And Other 

11 Components Of Natural Gas’’, and reporting of all 

12 discrepancies immediately. 

13 (38) Prohibiting all deductions on royalty pay14 ments for marketing of natural gas, condensate, and 

15 oil by an affiliate or agent. 

16 (39) Requiring that all standards of the Amer17 ican Petroleum Institute, the American Gas Associa18 tion, the Gas Processors Association, and the Amer19 ican Society of Testing Materials, Minerals Manage20 ment Service Order No. 5, and all other Minerals 

21 Management Service orders be faithfully observed 

22 and applied, and willful misconduct of such stand23 ards and orders be subject to oil and gas lease can24 cellation. 


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1 SEC. 903. DEFINITIONS. 

2 In this title: 

3 (1) COVERED LANDS.—The term ‘‘covered 

4 lands’’ means— 

5 (A) all Federal onshore lands and offshore 

6 lands that are under the administrative jurisdic7 tion of the Department of the Interior for pur8 poses of oil and gas leasing; and 

9 (B) Indian onshore lands. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 TITLE X—OFFSHORE OIL AND 

13 GAS WORKER WHISTLE14 BLOWER PROTECTION 

15 SEC. 1001. SHORT TITLE. 

16 This title may be cited as the ‘‘Offshore Oil and Gas 

17 Worker Whistleblower Protection Act of 2011’’. 

18 SEC. 1002. WHISTLEBLOWER PROTECTIONS; EMPLOYEE 

19 PROTECTION FROM OTHER RETALIATION. 

20 (a) PROHIBITION AGAINST RETALIATION.— 

21 (1) IN GENERAL.—No employer may discharge 

22 or otherwise discriminate against a covered employee 

23 because the covered employee, whether at the cov24 ered employee’s initiative or in the ordinary course 

25 of the covered employee’s duties— 


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1 (A) provided, caused to be provided, or is 

2 about to provide or cause to be provided to the 

3 employer or to a Federal or State government 

4 official, information relating to any violation of, 

5 or any act or omission the covered employee 

6 reasonably believes to be a violation of, any pro7 vision of the Outer Continental Shelf Lands Act 

8 (43 U.S.C. 1301 et seq.), or any order, rule, 

9 regulation, standard, or prohibition under that 

10 Act, or exercised any rights provided to employ11 ees under that Act; 

12 (B) testified or is about to testify in a pro13 ceeding concerning such violation; 

14 (C) assisted or participated or is about to 

15 assist or participate in such a proceeding; 

16 (D) testified or is about to testify before 

17 Congress on any matter covered by such Act; 

18 (E) objected to, or refused to participate in 

19 any activity, policy, practice, or assigned task 

20 that the covered employee reasonably believed 

21 to be in violation of any provision of such Act, 

22 or any order, rule, regulation, standard, or ban 

23 under such Act; 

24 (F) reported to the employer or a State or 

25 Federal government official any of the following 


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1 related to the employer’s activities described in 

2 section 1003(1): an illness, injury, unsafe condi3 tion, or information regarding the adequacy of 

4 any oil spill response plan required by law; or 

5 (G) refused to perform the covered employ6 ee’s duties, or exercised stop work authority, re7 lated to the employer’s activities described in 

8 section 1003(1) if the covered employee had a 

9 good faith belief that performing such duties 

10 could result in injury to or impairment of the 

11 health of the covered employee or other employ12 ees, or cause an oil spill to the environment. 

13 (2) GOOD FAITH BELIEF.—For purposes of 

14 paragraph (1)(E), the circumstances causing the 

15 covered employee’s good faith belief that performing 

16 such duties would pose a health and safety hazard 

17 shall be of such a nature that a reasonable person 

18 under circumstances confronting the covered em19 ployee would conclude there is such a hazard. 

20 (b) PROCESS.— 

21 (1) IN GENERAL.—A covered employee who be22 lieves that he or she has been discharged or other23 wise discriminated against (hereafter referred to as 

24 the ‘‘complainant’’) by any employer in violation of 

25 subsection (a)(1) may, not later than 180 days after 


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1 the date on which such alleged violation occurs or 

2 the date on which the covered employee knows or 

3 should reasonably have known that such alleged vio4 lation occurred, file (or have any person file on his 

5 or her behalf) a complaint with the Secretary of 

6 Labor (referred to in this section as the ‘‘Sec7 retary’’) alleging such discharge or discrimination 

8 and identifying employer or employers responsible 

9 for such act. Upon receipt of such a complaint, the 

10 Secretary shall notify, in writing, the employer or 

11 employers named in the complaint of the filing of 

12 the complaint, of the allegations contained in the 

13 complaint, of the substance of evidence supporting 

14 the complaint, and of the opportunities that will be 

15 afforded to such person under paragraph (2). 

16 (2) INVESTIGATION.— 

17 (A) IN GENERAL.—Not later than 90 days 

18 after the date of receipt of a complaint filed 

19 under paragraph (1) the Secretary shall initiate 

20 an investigation and determine whether there is 

21 reasonable cause to believe that the complaint 

22 has merit and notify, in writing, the complain23 ant and the employer or employers alleged to 

24 have committed a violation of subsection (a)(1) 

25 of the Secretary’s findings. The Secretary shall, 


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1 during such investigation afford the complain2 ant and the employer or employers named in 

3 the complaint an opportunity to submit to the 

4 Secretary a written response to the complaint 

5 and an opportunity to meet with a representa6 tive of the Secretary to present statements from 

7 witnesses. The complainant shall be provided 

8 with an opportunity to review the information 

9 and evidence provided by employer or employers 

10 to the Secretary, and to review any response or 

11 rebuttal by such the complaint, as part of such 

12 investigation. 

13 (B) REASONABLE CAUSE FOUND; PRELIMI14 NARY ORDER.—If the Secretary concludes that 

15 there is reasonable cause to believe that a viola16 tion of subsection (a)(1) has occurred, the Sec17 retary shall accompany the Secretary’s findings 

18 with a preliminary order providing the relief 

19 prescribed by paragraph (3)(B). Not later than 

20 30 days after the date of notification of find21 ings under this paragraph, the employer or em22 ployers alleged to have committed the violation 

23 or the complainant may file objections to the 

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1 istrative law judge of the Department of Labor. 

2 The filing of such objections shall not operate 

3 to stay any reinstatement remedy contained in 

4 the preliminary order. Any such hearing shall 

5 be conducted expeditiously. If a hearing is not 

6 requested in such 30-day period, the prelimi7 nary order shall be deemed a final order that is 

8 not subject to judicial review. The Secretary of 

9 Labor is authorized to enforce preliminary rein10 statement orders in the United States district 

11 court for the district in which the violation was 

12 found to occur, or in the United States district 

13 court for the District of Columbia. 

14 (C) DISMISSAL OF COMPLAINT.— 

15 (i) STANDARD FOR COMPLAINANT.— 

16 The Secretary shall dismiss a complaint 

17 filed under this subsection and shall not 

18 conduct an investigation otherwise required 

19 under subparagraph (A) unless the com20 plainant makes a prima facie showing that 

21 any behavior described in subparagraphs 

22 (A) through (G) of subsection (a)(1) was a 

23 contributing factor in the adverse action 

24 alleged in the complaint. 


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1 (ii) STANDARD FOR EMPLOYER.—Not2 withstanding a finding by the Secretary 

3 that the complainant has made the show4 ing required under clause (i), no investiga5 tion otherwise required under subpara6 graph (A) shall be conducted if the em7 ployer demonstrates, by clear and con8 vincing evidence, that the employer would 

9 have taken the same adverse action in the 

10 absence of that behavior. 

11 (iii) VIOLATION STANDARD.—The 

12 Secretary may determine that a violation 

13 of subsection (a)(1) has occurred only if 

14 the complainant demonstrates that any be15 havior described in subparagraphs (A) 

16 through (G) of such subsection was a con17 tributing factor in the adverse action al18 leged in the complaint. 

19 (iv) RELIEF STANDARD.—Relief may 

20 not be ordered under subparagraph (A) if 

21 the employer demonstrates by clear and 

22 convincing evidence that the employer 

23 would have taken the same adverse action 

24 in the absence of that behavior. 

25 (3) ORDERS.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the receipt of a request for a hearing 

3 under subsection (b)(2)(B), the administrative 

4 law judge shall issue findings of fact and order 

5 the relief provided under this paragraph or 

6 deny the complaint. At any time before issuance 

7 of an order, a proceeding under this subsection 

8 may be terminated on the basis of a settlement 

9 agreement entered into by the Secretary, the 

10 complainant, and the person alleged to have 

11 committed the violation. Such a settlement may 

12 not be agreed by such parties if it contains con13 ditions which conflict with rights protected 

14 under this title, are contrary to public policy, or 

15 include a restriction on a complainant’s right to 

16 future employment with employers other than 

17 the specific employers named in the complaint. 

18 (B) CONTENT OF ORDER.—If, in response 

19 to a complaint filed under paragraph (1), the 

20 administrative law judge determines that a vio21 lation of subsection (a)(1) has occurred, the ad22 ministrative law judge shall order the employer 

23 or employers who committed such violation— 

24 (i) to take affirmative action to abate 

25 the violation; 


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1 (ii) to reinstate the complainant to his 

2 or her former position together with com3 pensation (including back pay and prejudg4 ment interest) and restore the terms, con5 ditions, and privileges associated with his 

6 or her employment; and 

7 (iii) to provide compensatory and con8 sequential damages, and, as appropriate, 

9 exemplary damages to the complainant. 

10 (C) ATTORNEY FEES.—If such an order is 

11 issued under this paragraph, the Secretary, at 

12 the request of the complainant, shall assess 

13 against the employer or employers a sum equal 

14 to the aggregate amount of all costs and ex15 penses (including attorneys’ and expert witness 

16 fees) reasonably incurred by the complainant 

17 for, or in connection with, the bringing of the 

18 complaint upon which the order was issued at 

19 the conclusion of any stage of the proceeding. 

20 (D) BAD FAITH CLAIM.—If the Secretary 

21 finds that a complaint under paragraph (1) is 

22 frivolous or has been brought in bad faith, the 

23 Secretary may award to the prevailing employer 

24 reasonable attorneys’ fees, not exceeding 

25 $1,000, to be paid by the complainant. 


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1 (E) ADMINISTRATIVE APPEAL.—Not later 

2 than 30 days after the receipt of findings of 

3 fact or an order under subparagraph (B), the 

4 employer or employers alleged to have com5 mitted the violation or the complainant may 

6 file, with objections, an administrative appeal 

7 with the Secretary, who may designate such ap8 peal to a review board. In reviewing a decision 

9 and order of the administrative law judge, the 

10 Secretary shall affirm the decision and order if 

11 it is determined that the factual findings set 

12 forth therein are supported by substantial evi13 dence and the decision and order are made in 

14 accordance with applicable law. The Secretary 

15 shall issue a final decision and order affirming, 

16 or reversing, in whole or in part, the decision 

17 under review within 90 days after receipt of the 

18 administrative appeal under this subparagraph. 

19 If it is determined that a violation of subsection 

20 (a)(1) has occurred, the Secretary shall order 

21 relief provided under subparagraphs (B) and 

22 (C). Such decision shall constitute a final agen23 cy action with respect to the matter appealed. 

24 (4) ACTION IN COURT.— 


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1 (A) IN GENERAL.—If the Secretary has 

2 not issued a final decision within 330 days after 

3 the filing of the complaint, the complainant 

4 may bring an action at law or equity for de 

5 novo review in the appropriate district court of 

6 the United States, which action shall, at the re7 quest of either party to such action, be tried by 

8 the court with a jury. The proceedings shall be 

9 governed by the same legal burdens of proof 

10 specified in paragraph (2)(C). 

11 (B) RELIEF.—The court may award all 

12 appropriate relief including injunctive relief, 

13 compensatory and consequential damages, in14 cluding— 

15 (i) reinstatement with the same se16 niority status that the covered employee 

17 would have had, but for the discharge or 

18 discrimination; 

19 (ii) the amount of back pay sufficient 

20 to make the covered employee whole, with 

21 prejudgment interest; 

22 (iii) exemplary damages, as appro23 priate; and 

24 (iv) litigation costs, including reason25 able attorney fees and expert witness fees. 


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1 (5) REVIEW.— 

2 (A) IN GENERAL.—Any person aggrieved 

3 by a final order issued under paragraph (3) or 

4 a judgment or order under paragraph (4) may 

5 obtain review of the order in the appropriate 

6 United States Court of Appeals. The petition 

7 for review must be filed not later than 60 days 

8 after the date of the issuance of the final order 

9 of the Secretary. Review shall be in accordance 

10 with chapter 7 of title 5, United States Code. 

11 The commencement of proceedings under this 

12 subparagraph shall not, unless ordered by the 

13 court, operate as a stay of the order. 

14 (B) NO OTHER JUDICIAL REVIEW.—An 

15 order of the Secretary with respect to which re16 view could have been obtained under subpara17 graph (A) shall not be subject to judicial review 

18 in any other proceeding. 

19 (6) FAILURE TO COMPLY WITH ORDER.—When20 ever any employer has failed to comply with an order 

21 issued under paragraph (3), the Secretary may ob22 tain in a civil action in the United States district 

23 court for the district in which the violation was 

24 found to occur, or in the United States district court 

25 for the District of Columbia, all appropriate relief 


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1 including, but not limited to, injunctive relief and 

2 compensatory damages. 

3 (7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 

4 (A) IN GENERAL.—Whenever an employer 

5 has failed to comply with an order issued under 

6 paragraph (3), the complainant on whose behalf 

7 the order was issued may obtain in a civil ac8 tion in an appropriate United States district 

9 court against the employer to whom the order 

10 was issued, all appropriate relief. 

11 (B) AWARD.—The court, in issuing any 

12 final order under this paragraph, may award 

13 costs of litigation (including reasonable attor14 neys’ and expert witness fees) to any party 

15 whenever the court determines such award is 

16 appropriate. 

17 (c) CONSTRUCTION.— 

18 (1) EFFECT ON OTHER LAWS.—Nothing in this 

19 section preempts or diminishes any other safeguards 

20 against discrimination, demotion, discharge, suspen21 sion, threats, harassment, reprimand, retaliation, or 

22 any other manner of discrimination provided by Fed23 eral or State law. 

24 (2) RIGHTS OF EMPLOYEES.—Nothing in this 

25 section shall be construed to diminish the rights, 


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1 privileges, or remedies of any employee under any 

2 Federal or State law or under any collective bar3 gaining agreement. The rights and remedies in this 

4 section may not be waived by any agreement, policy, 

5 form, or condition of employment. 

6 (d) ENFORCEMENT OF NONDISCRETIONARY DU7 TIES.—Any nondiscretionary duty imposed by this section 

8 shall be enforceable in a mandamus proceeding brought 

9 under section 1361 of title 28, United States Code. 

10 (e) POSTING OF NOTICE AND TRAINING.—All em11 ployers shall post a notice which has been approved as to 

12 form and content by the Secretary of Labor in a con13 spicuous location in the place of employment where cov14 ered employees frequent which explains employee rights 

15 and remedies under this section. Each employer shall pro16 vide training to covered employees of their rights under 

17 this section within 30 days of employment, and at not less 

18 than once every 12 months thereafter, and provide covered 

19 employees with a card which contains a toll free telephone 

20 number at the Department of Labor which covered em21 ployees can call to get information or file a complaint 

22 under this section. 

23 (f) DESIGNATION BY THE SECRETARY.—The Sec24 retary of Labor shall, within 30 days of the date of enact25 ment of this Act, designate by order the appropriate agenVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 cy officials to receive, investigate, and adjudicate com2 plaints of violations of subsection (a)(1). 

3 SEC. 1003. DEFINITIONS. 

4 As used in this title the following definitions apply: 

5 (1) The term ‘‘covered employee’’— 

6 (A) means an individual performing serv7 ices on behalf of an employer that is engaged 

8 in activities on or in waters above the Outer 

9 Continental Shelf related to— 

10 (i) supporting, or carrying out explo11 ration, development, production, proc12 essing, or transportation of oil or gas; or 

13 (ii) oil spill cleanup, emergency re14 sponse, environmental surveillance, protec15 tion, or restoration, or other oil spill activi16 ties related to occupational safety and 

17 health; and 

18 (B) includes an applicant for such employ19 ment. 

20 (2) The term ‘‘employer’’ means one or more 

21 individuals, partnerships, associations, corporations, 

22 trusts, unincorporated organizations, nongovern23 mental organizations, or trustees, and includes any 

24 agent, contractor, subcontractor, grantee or consult25 ant of such employer. 


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1 (3) The term ‘‘Outer Continental Shelf’’ has 

2 the meaning that the term ‘‘outer Continental Shelf’’ 

3 has in the Outer Continental Shelf Lands Act (43 

4 U.S.C. 1331 et seq.). 

5 TITLE XI—MISCELLANEOUS 

6 PROVISIONS 

7 SEC. 1101. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED 

8 ROYALTY RELIEF FOR THE OIL AND GAS IN9 DUSTRY. 

10 (a) PROVISIONS RELATING TO PLANNING AREAS

11 OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer 

12 Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) 

13 is amended by striking ‘‘and in the Planning Areas off14 shore Alaska’’ after ‘‘West longitude’’. 

15 (b) PROVISIONS RELATING TO NAVAL PETROLEUM

16 RESERVE IN ALASKA.—Section 107 of the Naval Petro17 leum Reserves Production Act of 1976 (as transferred, re18 designated, moved, and amended by section 347 of the En19 ergy Policy Act of 2005 (119 Stat. 704)) is amended— 

20 (1) in subsection (i) by striking paragraphs (2) 

21 through (6); and 

22 (2) by striking subsection (k). 


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1 SEC. 1102. LEASING ON INDIAN LANDS. 

2 Nothing in this Act modifies, amends, or affects leas3 ing on Indian lands as currently carried out by the Bureau 

4 of Indian Affairs. 

5 SEC. 1103. OUTER CONTINENTAL SHELF STATE BOUND6 ARIES. 

7 (a) GENERAL.—Not later than 2 years after the date 

8 of enactment of this Act, the President, acting through 

9 the Secretary of the Interior, shall publish a final deter10 mination under section 4(a)(2) of the Outer Continental 

11 Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries 

12 of coastal States projected seaward to the outer margin 

13 of the Outer Continental Shelf. 

14 (b) NOTICE AND COMMENT.—In determining the 

15 projected boundaries specified in subsection (a), the Sec16 retary shall comply with the notice and comment require17 ments under chapter 5 of title 5, United States Code. 

18 (c) SAVINGS CLAUSE.—The determination and publi19 cation of projected boundaries under subsection (a) shall 

20 not be construed to alter, limit, or modify the jurisdiction, 

21 control, or any other authority of the United States over 

22 the Outer Continental Shelf. 


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1 SEC. 1104. LIABILITY FOR DAMAGES TO NATIONAL WILD2 LIFE REFUGES. 

3 Section 4 of the National Wildlife Refuge System Ad4 ministration Act of 1966 (16 U.S.C. 668dd) is amended 

5 by adding at the end the following new subsection: 

6 ‘‘(p) DESTRUCTION OR LOSS OF, OR INJURY TO, 

7 REFUGE RESOURCES.— 

8 ‘‘(1) LIABILITY.— 

9 ‘‘(A) LIABILITY TO UNITED STATES.—Any 

10 person who destroys, causes the loss of, or in11 jures any refuge resource is liable to the United 

12 States for an amount equal to the sum of— 

13 ‘‘(i) the amount of the response costs 

14 and damages resulting from the destruc15 tion, loss, or injury; and 

16 ‘‘(ii) interest on that amount cal17 culated in the manner described under sec18 tion 1005 of the Oil Pollution Act of 1990 

19 (33 U.S.C. 2705). 

20 ‘‘(B) LIABILITY IN REM.—Any instrumen21 tality, including a vessel, vehicle, aircraft, or 

22 other equipment, that destroys, causes the loss 

23 of, or injures any refuge resource shall be liable 

24 in rem to the United States for response costs 

25 and damages resulting from such destruction, 


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1 loss, or injury to the same extent as a person 

2 is liable under subparagraph (A). 

3 ‘‘(C) DEFENSES.—A person is not liable 

4 under this paragraph if that person establishes 

5 that— 

6 ‘‘(i) the destruction or loss of, or in7 jury to, the refuge resource was caused 

8 solely by an act of God, an act of war, or 

9 an act or omission of a third party, and 

10 the person acted with due care; 

11 ‘‘(ii) the destruction, loss, or injury 

12 was caused by an activity authorized by 

13 Federal or State law; or 

14 ‘‘(iii) the destruction, loss, or injury 

15 was negligible. 

16 ‘‘(D) LIMITS TO LIABILITY.—Nothing in 

17 sections 30501 to 30512 or section 30706 of 

18 title 46, United States Code, shall limit the li19 ability of any person under this section. 

20 ‘‘(2) RESPONSE ACTIONS.—The Secretary may 

21 undertake or authorize all necessary actions to pre22 vent or minimize the destruction or loss of, or injury 

23 to, refuge resources, or to minimize the imminent 

24 risk of such destruction, loss, or injury. 


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1 ‘‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND

2 DAMAGES.— 

3 ‘‘(A) IN GENERAL.—The Attorney General, 

4 upon request of the Secretary, may commence 

5 a civil action against any person or instrumen6 tality who may be liable under paragraph (1) 

7 for response costs and damages. The Secretary, 

8 acting as trustee for refuge resources for the 

9 United States, shall submit a request for such 

10 an action to the Attorney General whenever a 

11 person may be liable for such costs or damages. 

12 ‘‘(B) JURISDICTION AND VENUE.—An ac13 tion under this subsection may be brought in 

14 the United States district court for any district 

15 in which— 

16 ‘‘(i) the defendant is located, resides, 

17 or is doing business, in the case of an ac18 tion against a person; 

19 ‘‘(ii) the instrumentality is located, in 

20 the case of an action against an instru21 mentality; or 

22 ‘‘(iii) the destruction of, loss of, or in23 jury to a refuge resource occurred. 

24 ‘‘(4) USE OF RECOVERED AMOUNTS.—Response 

25 costs and damages recovered by the Secretary under 


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1 this subsection shall be retained by the Secretary in 

2 the manner provided for in section 107(f)(1) of the 

3 Comprehensive Environmental Response, Compensa4 tion, and Liability Act of 1980 (42 U.S.C. 

5 9607(f)(1)) and used as follows: 

6 ‘‘(A) RESPONSE COSTS.—Amounts recov7 ered by the United States for costs of response 

8 actions and damage assessments under this 

9 subsection shall be used, as the Secretary con10 siders appropriate— 

11 ‘‘(i) to reimburse the Secretary or any 

12 other Federal or State agency that con13 ducted those activities; and 

14 ‘‘(ii) after reimbursement of such 

15 costs, to restore, replace, or acquire the 

16 equivalent of any refuge resource. 

17 ‘‘(B) OTHER AMOUNTS.—All other 

18 amounts recovered shall be used, in order of 

19 priority— 

20 ‘‘(i) to restore, replace, or acquire the 

21 equivalent of the refuge resources that 

22 were the subject of the action, including 

23 the costs of monitoring the refuge re24 sources; 


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1 ‘‘(ii) to restore degraded refuge re2 sources of the refuge that was the subject 

3 of the action, giving priority to refuge re4 sources that are comparable to the refuge 

5 resources that were the subject of the ac6 tion; and 

7 ‘‘(iii) to restore degraded refuge re8 sources of other refuges. 

9 ‘‘(5) DEFINITIONS.—In this subsection, the 

10 term— 

11 ‘‘(A) ‘damages’ includes— 

12 ‘‘(i) compensation for— 

13 ‘‘(I)(aa) the cost of replacing, re14 storing, or acquiring the equivalent of 

15 a refuge resource; and 

16 ‘‘(bb) the value of the lost use of 

17 a refuge resource pending its restora18 tion or replacement or the acquisition 

19 of an equivalent refuge resource; or 

20 ‘‘(II) the value of a refuge re21 source if the refuge resource cannot 

22 be restored or replaced or if the equiv23 alent of such resource cannot be ac24 quired; 


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1 ‘‘(ii) the cost of conducting damage 

2 assessments; 

3 ‘‘(iii) the reasonable cost of moni4 toring appropriate to the injured, restored, 

5 or replaced refuge resource; and 

6 ‘‘(iv) the cost of enforcement actions 

7 undertaken by the Secretary in response to 

8 the destruction or loss of, or injury to, a 

9 refuge resource; 

10 ‘‘(B) ‘response costs’ means the costs of 

11 actions taken or authorized by the Secretary to 

12 minimize destruction or loss of, or injury to, 

13 refuge resources, or to minimize the imminent 

14 risks of such destruction, loss, or injury, includ15 ing costs related to seizure, forfeiture, storage, 

16 or disposal arising from liability, or to monitor 

17 ongoing effects of incidents causing such de18 struction, loss, or injury under this subsection; 

19 and 

20 ‘‘(C) ‘refuge resource’ means any living or 

21 nonliving resource of a refuge that contributes 

22 to the conservation, management, and restora23 tion mission of the System, including living or 

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1 ment that may be managed as a unit of the 

2 System.’’. 

3 SEC. 1105. STRENGTHENING COASTAL STATE OIL SPILL 

4 PLANNING AND RESPONSE. 

5 The Coastal Zone Management Act of 1972 (16 

6 U.S.C. 1451 et seq.) is amended adding at the end the 

7 following new section: 

8 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE9 SPONSE AND PLANNING. 

10 ‘‘(a) GRANTS TO STATES.—The Secretary may make 

11 grants to eligible coastal States— 

12 ‘‘(1) to revise management programs approved 

13 under section 306 (16 U.S.C. 1455) to identify and 

14 implement new enforceable policies and procedures 

15 to ensure sufficient response capabilities at the State 

16 level to address the environmental, economic, and so17 cial impacts of oil spills or other accidents resulting 

18 from Outer Continental Shelf energy activities with 

19 the potential to affect any land or water use or nat20 ural resource of the coastal zone; and 

21 ‘‘(2) to review and revise where necessary appli22 cable enforceable policies within approved State 

23 management programs affecting coastal energy ac24 tivities and energy to ensure that these policies are 

25 consistent with— 


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1 ‘‘(A) other emergency response plans and 

2 policies developed under Federal or State law; 

3 and 

4 ‘‘(B) new policies and procedures developed 

5 under paragraph (1); and 

6 ‘‘(3) after a State has adopted new or revised 

7 enforceable policies and procedures under para8 graphs (1) and (2)— 

9 ‘‘(A) the State shall submit the policies 

10 and procedures to the Secretary; and 

11 ‘‘(B) the Secretary shall notify the State 

12 whether the Secretary approves or disapproves 

13 the incorporation of the policies and procedures 

14 into the State’s management program pursuant 

15 to section 306(e). 

16 ‘‘(b) ELEMENTS.—New enforceable policies and pro17 cedures developed by coastal States with grants awarded 

18 under this section shall consider, but not be limited to— 

19 ‘‘(1) other existing emergency response plans, 

20 procedures and enforceable policies developed under 

21 other Federal or State law that affect the coastal 

22 zone; 

23 ‘‘(2) identification of critical infrastructure es24 sential to facilitate spill or accident response activi25 ties; 


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1 ‘‘(3) identification of coordination, logistics and 

2 communication networks between Federal and State 

3 government agencies, and between State agencies 

4 and affected local communities, to ensure the effi5 cient and timely dissemination of data and other in6 formation; 

7 ‘‘(4) inventories of shore locations and infra8 structure and equipment necessary to respond to oil 

9 spills or other accidents resulting from Outer Conti10 nental Shelf energy activities; 

11 ‘‘(5) identification and characterization of sig12 nificant or sensitive marine ecosystems or other 

13 areas possessing important conservation, rec14 reational, ecological, historic, or aesthetic values; 

15 ‘‘(6) inventories and surveys of shore locations 

16 and infrastructure capable of supporting alternative 

17 energy development; and 

18 ‘‘(7) other information or actions as may be 

19 necessary. 

20 ‘‘(c) GUIDELINES.—The Secretary shall, within 180 

21 days after the date of enactment of this section and after 

22 consultation with the coastal states, publish guidelines for 

23 the application for and use of grants under this section. 

24 ‘‘(d) PARTICIPATION.—A coastal state shall provide 

25 opportunity for public participation in developing new enVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H1870.IH H1870

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1 forceable policies and procedures under this section pursu2 ant to sections 306(d)(1) and 306(e), especially by rel3 evant Federal agencies, other coastal state agencies, local 

4 governments, regional organizations, port authorities, and 

5 other interested parties and stakeholders, public and pri6 vate, that are related to, or affected by Outer Continental 

7 Shelf energy activities. 

8 ‘‘(e) ANNUAL GRANTS.— 

9 ‘‘(1) IN GENERAL.—For each of fiscal years 

10 2011 through 2015, the Secretary may make a 

11 grant to a coastal state to develop new enforceable 

12 polices and procedures as required under this sec13 tion. 

14 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

15 AWARDS.—The amount of any grant to any one 

16 coastal State under this section shall not exceed 

17 $750,000 for any fiscal year. No coastal state may 

18 receive more than two grants under this section. 

19 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE20 QUIRED.—As it is in the national interest to be able 

21 to respond efficiently and effectively at all levels of 

22 government to oil spills and other accidents resulting 

23 from Outer Continental Shelf energy activities, a 

24 coastal state shall not be required to contribute any 


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1 portion of the cost of a grant awarded under this 

2 section. 

3 ‘‘(4) SECRETARIAL REVIEW AND LIMIT ON

4 AWARDS.—After an initial grant is made to a coastal 

5 state under this section, no subsequent grant may be 

6 made to that coastal state under this section unless 

7 the Secretary finds that the coastal state is satisfac8 torily developing revisions to address offshore energy 

9 impacts. No coastal state is eligible to receive grants 

10 under this section for more than 2 fiscal years. 

11 ‘‘(f) APPLICABILITY.—The requirements of this sec12 tion shall only apply if appropriations are provided to the 

13 Secretary to make grants under this section. This section 

14 shall not be construed to convey any new authority to any 

15 coastal state, or repeal or supersede any existing authority 

16 of any coastal state, to regulate the siting, licensing, leas17 ing, or permitting of energy facilities in areas of the Outer 

18 Continental Shelf under the administration of the Federal 

19 Government. Nothing in this section repeals or supersedes 

20 any existing coastal state authority. 

21 ‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec22 retary as authorized under section 310(a) and to the ex23 tent practicable, shall make available to coastal states the 

24 resources and capabilities of the National Oceanic and At25 mospheric Administration to provide technical assistance 


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1 to the coastal states to prepare revisions to approved man2 agement programs to meet the requirements under this 

3 section.’’. 

4 SEC. 1106. INFORMATION SHARING. 

5 Section 388(b) of the Energy Policy Act of 2005 (43 

6 U.S.C. 1337 note) is amended by adding at the end the 

7 following: 

8 ‘‘(4) AVAILABILITY OF DATA AND INFORMA9 TION.—All heads of departments and agencies of the 

10 Federal Government shall, upon request of the Sec11 retary, provide to the Secretary all data and infor12 mation that the Secretary deems necessary for the 

13 purpose of including such data and information in 

14 the mapping initiative, except that no department or 

15 agency of the Federal Government shall be required 

16 to provide any data or information that is privileged 

17 or proprietary.’’. 

18 SEC. 1107. LIMITATION ON USE OF FUNDS. 

19 None of the funds authorized or made available by 

20 this Act may be used to carry out any activity or pay any 

21 costs for removal or damages for which a responsible party 

22 (as such term is defined in section 1001 of the Oil Pollu23 tion Act of 1990 (33 U.S.C. 2701)) is liable under the 

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

25 other law. 


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1 SEC. 1108. ENVIRONMENTAL REVIEW. 

2 Section 390 of the Energy Policy Act of 2005 (Public 

3 Law 109–58; 42 U.S.C. 15942) is repealed. 

4 SEC. 1109. GOVERNMENT ACCOUNTABILITY OFFICE EVAL5 UATION. 

6 (a) EVALUATION.—The Comptroller General shall 

7 conduct an evaluation of the Department of the Interior 

8 to determine— 

9 (1) whether the reforms carried out under this 

10 Act and the amendments made by this Act address 

11 concerns of the Government Accountability Office 

12 and the Inspector General expressed before the date 

13 of enactment of this Act; 

14 (2) whether the increased hiring authority given 

15 to the Secretary of the Interior under this Act and 

16 the amendments made by this Act has resulted in 

17 the Department of the Interior being more effective 

18 in addressing its oversight missions; and 

19 (3) whether there has been a sufficient reduc20 tion in the conflict between mission and interest 

21 within the Department of the Interior. 

22 (b) REPORT.—Not later than 3 years after the date 

23 of enactment of this Act, the Comptroller General shall 

24 submit to Congress a report containing the results of the 

25 evaluation conducted under subsection (a). 


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1 SEC. 1110. STUDY ON RELIEF WELLS. 

2 Not later than 60 days after the date of enactment 

3 of this Act, the Secretary shall enter into an arrangement 

4 with the National Academy of Engineering under which 

5 the Academy shall, not later than 1 year after such ar6 rangement is entered into, submit to the Secretary and 

7 to Congress a report that assesses the economic, safety, 

8 and environmental impacts of requiring that 1 or more 

9 relief wells be drilled in tandem with the drilling of some 

10 or all wells subject to the requirements of this Act and 

11 the amendments made by this Act. 

12 SEC. 1111. FLOW RATE TECHNICAL GROUP. 

13 (a) ESTABLISHMENT.—Within 180 days after the 

14 date of enactment of this Act, the Secretary, acting 

15 through the Director of the United States Geologic Sur16 vey, shall establish a permanent Flow Rate Technical 

17 Group to develop and maintain expertise in measuring and 

18 estimating flow rates and spill volumes. 

19 (b) MEMBERSHIP.—The Flow Rate Technical Group 

20 shall be chaired by the Director of the United States Geo21 logic Survey and shall include representatives from the 

22 Coast Guard, the National Oceanic and Atmospheric Ad23 ministration, the Department of Energy, the national lab24 oratories, and academic institutions. 

25 (c) APPLICATION OF THE FEDERAL ADVISORY COM26 MITTEE ACT.—The Task Force shall not be considered an 


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1 advisory committee under the Federal Advisory Com2 mittee Act (5 U.S.C. App.). 

Æ 


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