I 

112TH CONGRESS 

1ST SESSION H. R. 501 

To provide for the implementation of the recommendations of the National 

Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. MARKEY (for himself, Mr. RAHALL, Mr. WAXMAN, Mr. GEORGE MILLER

of California, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. HOLT, Ms. 

WOOLSEY, and Mrs. CAPPS) 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 provide for the implementation of the recommendations 

of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Implementing the Recommendations of the BP Oil Spill 

4 Commission Act of 2011’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CREATION OF NEW DEPARTMENT OF THE INTERIOR 

AGENCIES 

Sec. 101. Bureau of 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 

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

Continental Shelf Lands Act 

Sec. 201. Short title. 

Sec. 202. Definitions. 

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

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

Sec. 205. Outer Continental Shelf leasing standard. 

Sec. 206. 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. 


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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. 

Subtitle B—Royalty Relief for American Consumers 

Sec. 231. Short title. 

Sec. 232. Eligibility for new leases and the transfer of leases. 

Sec. 233. Price thresholds for royalty suspension provisions. 

TITLE III—OIL AND GAS ROYALTY REFORM 

Sec. 301. Amendments to definitions. 

Sec. 302. Compliance reviews. 

Sec. 303. Clarification of liability for royalty payments. 

Sec. 304. Required recordkeeping. 

Sec. 305. Fines and penalties. 

Sec. 306. Interest on overpayments. 

Sec. 307. Adjustments and refunds. 

Sec. 308. Conforming amendment. 

Sec. 309. Obligation period. 

Sec. 310. Notice regarding tolling agreements and subpoenas. 

Sec. 311. Appeals and final agency action. 

Sec. 312. Assessments. 

Sec. 313. Collection and production accountability. 

Sec. 314. Natural gas reporting. 

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

Sec. 316. Required recordkeeping. 

Sec. 317. Shared civil penalties. 

Sec. 318. 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. 


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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. 

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—MISCELLANEOUS PROVISIONS 

Sec. 701. Repeal of certain taxpayer subsidized royalty relief for the oil and gas 

industry. 

Sec. 702. Leasing on Indian lands. 

Sec. 703. Outer Continental Shelf State boundaries. 

Sec. 704. Liability for damages to national wildlife refuges. 

Sec. 705. Strengthening coastal State oil spill planning and response. 

Sec. 706. Information sharing. 

Sec. 707. Limitation on use of funds. 

Sec. 708. Environmental review. 

Sec. 709. Government Accountability Office evaluation. 

Sec. 710. Study on relief wells. 

Sec. 711. Flow rate technical group. 


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TITLE VIII—STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF 

COLLECTION OF ROYALTIES 

Sec. 801. Short title. 

Sec. 802. Study of actions to improve the accuracy of collection of Federal oil, 

condensate, and natural gas royalties. 

Sec. 803. Definitions. 

TITLE IX—OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER 

PROTECTION 

Sec. 901. Short title. 

Sec. 902. Whistleblower protections; employee protection from other retaliation. 

Sec. 903. Definitions. 

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, 


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1 rights, privileges, immunities, programs, projects, 

2 activities, duties, and responsibilities. 

3 (5) IMPORTANT ECOLOGICAL AREA.—The term 

4 ‘‘important ecological area’’ means an area that con5 tributes significantly to local or larger marine eco6 system health or is an especially unique or sensitive 

7 marine ecosystem. 

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

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

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

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

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

13 has in section 4 of the Indian Self-Determination 

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

15 (8) MARINE ECOSYSTEM HEALTH.—The term 

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

17 ecosystem in ocean and coastal waters to support 

18 and maintain patterns, important processes, and 

19 productive, sustainable, and resilient communities of 

20 organisms, having a species composition, diversity, 

21 and functional organization resulting from the nat22 ural habitat of the region, such that it is capable of 

23 supporting a variety of activities and providing a 

24 complete range of ecological benefits. Such an ecoVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 system would be characterized by a variety of fac2 tors, including— 

3 (A) a complete diversity of native species 

4 and habitat wherein each native species is able 

5 to maintain an abundance, population struc6 ture, and distribution supporting its ecological 

7 and evolutionary functions, patterns, and proc8 esses; and 

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

10 microbial environment that is necessary to 

11 achieve such diversity. 

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

13 same meaning that the term ‘‘minerals’’ has in sec14 tion 2(q) of the Outer Continental Shelf Lands Act 

15 (43 U.S.C. 1331(q)). 

16 (10) NONRENEWABLE ENERGY RESOURCE.— 

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

18 and natural gas. 

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

20 means— 

21 (A) the lessee; or 

22 (B) a person designated by the lessee as 

23 having control or management of operations on 

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


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1 (i) approved by the Secretary, acting 

2 through the Bureau of Ocean Energy Man3 agement, Regulation and Enforcement; or 

4 (ii) the holder of operating rights 

5 under an assignment of operating rights 

6 that is approved by the Secretary, acting 

7 through the Bureau of Ocean Energy Man8 agement, Regulation and Enforcement. 

9 (12) OUTER CONTINENTAL SHELF.—The term 

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

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

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

13 et seq.). 

14 (13) REGIONAL OCEAN PARTNERSHIP.—The 

15 term ‘‘Regional Ocean Partnership’’ means vol16 untary, collaborative management initiatives devel17 oped and entered into by the Governors of two or 

18 more coastal States or created by an interstate com19 pact for the purpose of addressing more than one 

20 ocean, coastal, or Great Lakes issue and to imple21 ment policies and activities identified under special 

22 area management plans under the Coastal Zone 

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

24 or other agreements developed and signed by the 

25 Governors. 


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1 (14) RENEWABLE ENERGY RESOURCE.—The 

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

3 following: 

4 (A) Wind energy. 

5 (B) Solar energy. 

6 (C) Geothermal energy. 

7 (D) Landfill gas. 

8 (E) Marine and hydrokinetic renewable en9 ergy, as that term is defined in section 632 of 

10 the Energy Independence and Security Act of 

11 2007 (42 U.S.C. 17211). 

12 (15) SECRETARIES.—The term ‘‘Secretaries’’ 

13 means the Secretary of the Interior and the Sec14 retary of Commerce. 

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

16 means the Secretary of the Interior, except as other17 wise provided in this Act. 

18 (17) TERMS DEFINED IN OTHER LAW.—Each 

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

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

21 under the Federal Oil and Gas Royalty Management 

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

23 such terms shall also apply to all minerals and re24 newable energy resources in addition to oil and gas. 


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1 TITLE I—CREATION OF NEW DE2 PARTMENT OF THE INTERIOR 

3 AGENCIES 

4 SEC. 101. BUREAU OF OCEAN ENERGY MANAGEMENT. 

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

6 Department of the Interior a Bureau of Ocean Energy 

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

8 to be headed by a Director of Energy Management (re9 ferred to in this section as the ‘‘Director’’). 

10 (b) DIRECTOR.— 

11 (1) APPOINTMENT.—The Director shall be ap12 pointed by the President, by and with the advice and 

13 consent of the Senate, on the basis of— 

14 (A) professional background, demonstrated 

15 competence, and ability; and 

16 (B) capacity to— 

17 (i) administer the provisions of this 

18 Act; and 

19 (ii) ensure that the fiduciary duties of 

20 the United States Government on behalf of 

21 the people of the United States, as they re22 late to development of nonrenewable and 

23 renewable energy and mineral resources, 

24 are duly met. 


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1 (2) COMPENSATION.—The Director shall be 

2 compensated at the rate provided for Level V of the 

3 Executive Schedule under section 5316 of title 5, 

4 United States Code. 

5 (c) DUTIES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (4), the Secretary shall carry out through the 

8 Bureau all functions, powers, and duties vested in 

9 the Secretary relating to the administration of a 

10 comprehensive program of offshore nonrenewable 

11 and renewable energy and mineral resources man12 agement— 

13 (A) on the Outer Continental Shelf, pursu14 ant to the Outer Continental Shelf Lands Act 

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

16 seq.); and 

17 (B) pursuant to this Act and all other ap18 plicable Federal laws, including the administra19 tion and approval of all instruments and agree20 ments required to ensure orderly, safe, and en21 vironmentally responsible offshore nonrenewable 

22 and renewable energy and mineral resources de23 velopment activities. 

24 (2) SPECIFIC AUTHORITIES.—The Director 

25 shall promulgate and implement regulations for the 


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1 proper issuance of leases for the exploration, devel2 opment, and production of nonrenewable and renew3 able energy and mineral resources, and for the 

4 issuance of permits under such leases, on the Outer 

5 Continental Shelf, including regulations relating to 

6 resource identification, access, evaluation, and utili7 zation. 

8 (3) INDEPENDENT ENVIRONMENTAL

9 SCIENCE.— 

10 (A) IN GENERAL.—The Secretary shall 

11 create an independent office within the Bureau 

12 that— 

13 (i) shall report to the Director; 

14 (ii) shall be programmatically separate 

15 and distinct from the leasing and permit16 ting activities of the Bureau; and 

17 (iii) shall— 

18 (I) carry out the environmental 

19 studies program under section 20 of 

20 the Outer Continental Shelf Lands 

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

22 (II) conduct any environmental 

23 analyses necessary for the programs 

24 administered by the Bureau; and 


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1 (III) carry out other functions as 

2 deemed necessary by the Secretary. 

3 (B) CONSULTATION.—Studies and anal4 yses carried out by the office created under sub5 paragraph (A) shall be conducted in appro6 priate and timely consultation with other rel7 evant Federal agencies, including— 

8 (i) the Bureau of Safety and Environ9 mental Enforcement; 

10 (ii) the United States Fish and Wild11 life Service; 

12 (iii) the United States Geological Sur13 vey; and 

14 (iv) the National Oceanic and Atmos15 pheric Administration. 

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

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

18 that is— 

19 (A) required by section 102 to be carried 

20 out through Bureau of Safety and Environ21 mental Enforcement; or 

22 (B) required by section 103 to be carried 

23 out through the Office of Natural Resources 

24 Revenue. 


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1 (d) COMPREHENSIVE DATA AND ANALYSES ON

2 OUTER CONTINENTAL SHELF RESOURCES.— 

3 (1) IN GENERAL.— 

4 (A) PROGRAMS.—The Director shall de5 velop and carry out programs for the collection, 

6 evaluation, assembly, analysis, and dissemina7 tion of data and information that is relevant to 

8 carrying out the duties of the Bureau, including 

9 studies under section 20 of the Outer Conti10 nental Shelf Lands Act (43 U.S.C. 1346). 

11 (B) USE OF DATA AND INFORMATION.— 

12 The Director shall, in carrying out functions 

13 pursuant to the Outer Continental Lands Act 

14 (43 U.S.C. 1331 et seq.), consider data and in15 formation referred to in subparagraph (A) 

16 which shall inform the management functions 

17 of the Bureau, and shall contribute to a broader 

18 coordination of development activities within 

19 the contexts of the best available science and 

20 marine spatial planning. 

21 (2) INTERAGENCY COOPERATION.—In carrying 

22 out programs under this subsection, the Bureau 

23 shall— 


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

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

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

4 (B) cooperate with appropriate offices in 

5 the Department and in other Federal agencies; 

6 (C) use existing inventories and mapping 

7 of marine resources previously undertaken by 

8 the Minerals Management Service, mapping un9 dertaken by the United States Geological Sur10 vey and the National Oceanographic and At11 mospheric Administration, and information pro12 vided by the Department of Defense and other 

13 Federal and State agencies possessing relevant 

14 data; and 

15 (D) use any available data regarding re16 newable energy potential, navigation uses, fish17 eries, aquaculture uses, recreational uses, habi18 tat, conservation, and military uses of the 

19 Outer Continental Shelf. 

20 (e) RESPONSIBILITIES OF LAND MANAGEMENT

21 AGENCIES.—Nothing in this section shall affect the au22 thorities of the Bureau of Land Management under the 

23 Federal Land Policy and Management Act of 1976 (43 

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


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1 National Forest Management Act of 1976 (Public Law 

2 94–588). 

3 SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL EN4 FORCEMENT. 

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

6 Department a Bureau of Safety and Environmental En7 forcement (referred to in this section as the ‘‘Bureau’’) 

8 to be headed by a Director of Safety and Environmental 

9 Enforcement (referred to in this section as the ‘‘Direc10 tor’’). 

11 (b) DIRECTOR.— 

12 (1) APPOINTMENT.—The Director shall be ap13 pointed by the President for a fixed term of five 

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

15 Senate, on the basis of— 

16 (A) professional background, demonstrated 

17 competence, and ability; and 

18 (B) capacity to administer the provisions 

19 of this Act. 

20 (2) COMPENSATION.—The Director shall be 

21 compensated at the rate provided for Level V of the 

22 Executive Schedule under section 5316 of title 5, 

23 United States Code. 

24 (c) DUTIES.— 


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

2 out through the Bureau all functions, powers, and 

3 duties vested in the Secretary relating to the admin4 istration of safety and environmental enforcement 

5 activities related to offshore nonrenewable and re6 newable energy and mineral resources— 

7 (A) on the Outer Continental Shelf pursu8 ant to the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1331 et seq.); and 

10 (B) pursuant to— 

11 (i) the Federal Oil and Gas Royalty 

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

13 et seq.); 

14 (ii) the Energy Policy Act of 2005 

15 (Public Law 109–58); 

16 (iii) the Federal Oil and Gas Royalty 

17 Simplification and Fairness Act of 1996 

18 (Public Law 104–185); 

19 (iv) the Forest and Rangeland Renew20 able Resources Planning Act of 1974 (16 

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

22 (v) the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1701 et 

24 seq.); 

25 (vi) this Act; and 


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1 (vii) all other applicable Federal laws, 

2 including the authority to develop, promulgate, 

3 and enforce regulations to ensure the safe and 

4 environmentally sound exploration, develop5 ment, and production of nonrenewable and re6 newable energy and mineral resources on the 

7 Outer Continental Shelf. 

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

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

10 (1) performing necessary oversight activities to 

11 ensure the proper application of environmental re12 views, including those conducted pursuant to the 

13 National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.) by the Bureau of Ocean En15 ergy Management in the performance of its duties 

16 under the Outer Continental Shelf Lands Act (43 

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

18 (2) suspending or prohibiting, on a temporary 

19 basis, any operation or activity, including production 

20 on leases held on the Outer Continental Shelf, in ac21 cordance with section 5(a)(1) of the Outer Conti22 nental Shelf Lands Act (43 U.S.C. 1334(a)(1)); 

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

24 on the Outer Continental Shelf, in accordance with 


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

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

3 (4) compelling compliance with applicable work4 er safety and environmental laws and regulations; 

5 (5) requiring comprehensive safety and environ6 mental management programs for persons engaged 

7 in activities connected with the exploration, develop8 ment, and production of energy or mineral re9 sources; 

10 (6) developing and implementing regulations for 

11 Federal employees to carry out any inspection or in12 vestigation to ascertain compliance with applicable 

13 regulations, including health, safety, or environ14 mental regulations; 

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

16 and publicly disseminating electronically data and 

17 information that is relevant to inspections, failures, 

18 or accidents involving equipment and systems used 

19 for exploration and production of energy and min20 eral resources, including human factors associated 

21 therewith; 

22 (8) implementing the Offshore Technology Re23 search and Risk Assessment Program under section 

24 21 of the Outer Continental Shelf Lands Act (43 

25 U.S.C. 1347); 


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1 (9) summoning witnesses and directing the pro2 duction of evidence; 

3 (10) levying fines and penalties and disquali4 fying operators; and 

5 (11) carrying out any safety, response, and re6 moval preparedness functions. 

7 (e) EMPLOYEES.— 

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

9 that the inspection force of the Bureau consists of 

10 qualified, trained employees who meet qualification 

11 requirements and adhere to the highest professional 

12 and ethical standards. 

13 (2) QUALIFICATIONS.—The qualification re14 quirements referred to in paragraph (1)— 

15 (A) shall be determined by the Secretary, 

16 subject to subparagraph (B); and 

17 (B) shall include— 

18 (i) three years of practical experience 

19 in oil and gas exploration, development, or 

20 production; or 

21 (ii) a degree in an appropriate field of 

22 engineering from an accredited institution 

23 of higher learning. 

24 (3) ASSIGNMENT.—In assigning oil and gas in25 spectors to the inspection and investigation of indiVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 vidual operations, the Secretary shall give due con2 sideration to the extent possible to their previous ex3 perience in the particular type of oil and gas oper4 ation in which such inspections are to be made. 

5 (4) TRAINING ACADEMY.— 

6 (A) IN GENERAL.—The Secretary shall es7 tablish and maintain a National Oil and Gas 

8 Health and Safety Academy (referred to in this 

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

10 the Department of the Interior. 

11 (B) FUNCTIONS OF ACADEMY.—The Sec12 retary, through the Academy, shall be respon13 sible for— 

14 (i) the initial and continued training 

15 of both newly hired and experienced oil 

16 and gas inspectors in all aspects of health, 

17 safety, environmental, and operational in18 spections; 

19 (ii) the training of technical support 

20 personnel of the Bureau; 

21 (iii) any other training programs for 

22 oil and gas inspectors, Bureau personnel, 

23 Department personnel, or other persons as 

24 the Secretary shall designate; and 


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1 (iv) certification of the successful 

2 completion of training programs for newly 

3 hired and experienced oil and gas inspec4 tors. 

5 (C) COOPERATIVE AGREEMENTS.— 

6 (i) IN GENERAL.—In performing func7 tions under this paragraph, and subject to 

8 clause (ii), the Secretary may enter into 

9 cooperative educational and training agree10 ments with educational institutions, related 

11 Federal academies, other Federal agencies, 

12 State governments, labor organizations, 

13 safety training firms, and oil and gas oper14 ators and related industries. 

15 (ii) TRAINING REQUIREMENT.—Such 

16 training shall be conducted by the Acad17 emy in accordance with curriculum needs 

18 and assignment of instructional personnel 

19 established by the Secretary. 

20 (D) USE OF DEPARTMENTAL PER21 SONNEL.—In performing functions under this 

22 subsection, the Secretary shall use, to the ex23 tent practicable, the facilities and personnel of 

24 the Department of the Interior. The Secretary 

25 may appoint or assign to the Academy such ofVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 ficers and employees as the Secretary considers 

2 necessary for the performance of the duties and 

3 functions of the Academy. 

4 (5) ADDITIONAL TRAINING PROGRAMS.— 

5 (A) IN GENERAL.—The Secretary shall 

6 work with appropriate educational institutions, 

7 operators, and representatives of oil and gas 

8 workers to develop and maintain adequate pro9 grams with educational institutions and oil and 

10 gas operators, that are designed— 

11 (i) to enable persons to qualify for po12 sitions in the administration of this Act; 

13 and 

14 (ii) to provide for the continuing edu15 cation of inspectors or other appropriate 

16 Departmental personnel. 

17 (B) FINANCIAL AND TECHNICAL ASSIST18 ANCE.—The Secretary may provide financial 

19 and technical assistance to educational institu20 tions in carrying out this paragraph. 

21 (6) ROLE OF OIL OR GAS OPERATORS AND RE22 LATED INDUSTRIES.—The Secretary shall ensure 

23 that any cooperative agreement or other collabora24 tion with a representative of an oil or gas operator 

25 or related industry in relation to a training program 


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

2 limited to consultation regarding curricula and does 

3 not extend to the provision of instructional per4 sonnel. 

5 SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE. 

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

7 Department an Office of Natural Resources Revenue (re8 ferred to in this section as the ‘‘Office’’) to be headed by 

9 a Director of Natural Resources Revenue (referred to in 

10 this section as the ‘‘Director’’). 

11 (b) APPOINTMENT AND COMPENSATION.— 

12 (1) IN GENERAL.—The Director shall be ap13 pointed by the President, by and with the advice and 

14 consent of the Senate, on the basis of— 

15 (A) professional competence; and 

16 (B) capacity to— 

17 (i) administer the provisions of this 

18 Act; and 

19 (ii) ensure that the fiduciary duties of 

20 the United States Government on behalf of 

21 the American people, as they relate to de22 velopment of nonrenewable and renewable 

23 energy and mineral resources, are duly 

24 met. 


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1 (2) COMPENSATION.—The Director shall be 

2 compensated at the rate provided for Level V of the 

3 Executive Schedule under section 5316 of title 5, 

4 United States Code. 

5 (c) DUTIES.— 

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

7 out, through the Office— 

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

9 in the Secretary and relating to the administra10 tion of offshore royalty and revenue manage11 ment functions pursuant to— 

12 (i) the Outer Continental Shelf Lands 

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

14 (ii) this Act and all other applicable 

15 Federal laws; and 

16 (B) all functions, powers, and duties pre17 viously assigned to the Minerals Management 

18 Service (including the authority to develop, pro19 mulgate, and enforce regulations) regarding off20 shore— 

21 (i) royalty and revenue collection; 

22 (ii) royalty and revenue distribution; 

23 (iii) auditing and compliance; 

24 (iv) investigation and enforcement of 

25 royalty and revenue regulations; and 


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1 (v) asset management for onshore and 

2 offshore activities. 

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

4 and ensure strong oversight over the revenue program, the 

5 Secretary shall create within the Office an independent 

6 audit and oversight program responsible for monitoring 

7 the performance of the Office with respect to the duties 

8 and functions under subsection (c), and conducting inter9 nal control audits of the operations of the Office. 

10 SEC. 104. ETHICS. 

11 (a) CERTIFICATION.—The Secretary shall certify an12 nually that all Department of the Interior officers and em13 ployees having regular, direct contact with lessees and op14 erators as a function of their official duties are in full com15 pliance with all Federal employee ethics laws and regula16 tions under the Ethics in Government Act of 1978 (5 

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

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

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

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

21 supplementary ethics guidance for the employees for which 

22 certification is required under subsection (a). The Sec23 retary shall update the supplementary ethics guidance not 

24 less than once every 3 years thereafter. 


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1 SEC. 105. REFERENCES. 

2 (a) BUREAU OF OCEAN ENERGY MANAGEMENT, 

3 REGULATION AND ENFORCEMENT.—Any reference in any 

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

5 other official document, in force immediately before the 

6 enactment of this Act— 

7 (1) to the Minerals Management Service that 

8 pertains to any of the duties and authorities referred 

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

10 Bureau of Ocean Energy Management established 

11 by section 101; 

12 (2) to the Director of the Minerals Management 

13 Service that pertains to any of the duties and au14 thorities referred to in section 101 is deemed to 

15 refer and apply to the Director of the Bureau of 

16 Ocean Energy Management; and 

17 (3) to any other position in the Minerals Man18 agement Service that pertains to any of the duties 

19 and authorities referred to in section 101 is deemed 

20 to refer and apply to that same or equivalent posi21 tion in the Bureau of Ocean Energy Management. 

22 (b) BUREAU OF SAFETY AND ENVIRONMENTAL EN23 FORCEMENT.—Any reference in any law, rule, regulation, 

24 directive, instruction, certificate, or other official docu25 ment in force immediately before the enactment of this 

26 Act— 


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1 (1) to the Minerals Management Service that 

2 pertains to any of the duties and authorities referred 

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

4 Bureau of Safety and Environmental Enforcement 

5 established by section 102; 

6 (2) to the Director of the Minerals Management 

7 Service that pertains to any of the duties and au8 thorities referred to in section 102 is deemed to 

9 refer and apply to the Director of the Bureau of 

10 Safety and Environmental Enforcement; and 

11 (3) to any other position in the Minerals Man12 agement Service that pertains to any of the duties 

13 and authorities referred to in section 102 is deemed 

14 to refer and apply to that same or equivalent posi15 tion in the Bureau of Safety and Environmental En16 forcement. 

17 (c) OFFICE OF NATURAL RESOURCES REVENUE.— 

18 Any reference in any law, rule, regulation, directive, or in19 struction, or certificate or other official document, in force 

20 immediately prior to enactment— 

21 (1) to the Minerals Management Service that 

22 pertains to any of the duties and authorities referred 

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

24 Office of Natural Resources Revenue established by 

25 section 103; 


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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 103 is deemed to 

4 refer and apply to the Director of Natural Resources 

5 Revenue; 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 103 is deemed 

9 to refer and apply to that same or equivalent posi10 tion in the Office of Natural Resources Revenue. 

11 SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT 

12 SERVICE. 

13 (a) ABOLISHMENT.—The Minerals Management 

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

15 abolished. 

16 (b) COMPLETED ADMINISTRATIVE ACTIONS.— 

17 (1) IN GENERAL.—Completed administrative 

18 actions of the Service shall not be affected by the 

19 enactment of this Act, but shall continue in effect 

20 according to their terms until amended, modified, 

21 superseded, terminated, set aside, or revoked in ac22 cordance with law by an officer of the United States 

23 or a court of competent jurisdiction, or by operation 

24 of law. 


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1 (2) COMPLETED ADMINISTRATIVE ACTION DE2 FINED.—For purposes of paragraph (1), the term 

3 ‘‘completed administrative action’’ includes orders, 

4 determinations, rules, regulations, personnel actions, 

5 permits, agreements, grants, contracts, certificates, 

6 licenses, registrations, and privileges. 

7 (c) PENDING PROCEEDINGS.—Subject to the author8 ity of the Secretary of the Interior and the officers of the 

9 Department of the Interior under this Act— 

10 (1) pending proceedings in the Service, includ11 ing notices of proposed rulemaking, and applications 

12 for licenses, permits, certificates, grants, and finan13 cial assistance, shall continue, notwithstanding the 

14 enactment of this Act or the vesting of functions of 

15 the Service in another agency, unless discontinued or 

16 modified under the same terms and conditions and 

17 to the same extent that such discontinuance or 

18 modification could have occurred if this Act had not 

19 been enacted; and 

20 (2) orders issued in such proceedings, and ap21 peals therefrom, and payments made pursuant to 

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

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

24 and any such orders shall continue in effect until 

25 amended, modified, superseded, terminated, set 


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

2 or a court of competent jurisdiction, or by operation 

3 of law. 

4 (d) PENDING CIVIL ACTIONS.—Subject to the au5 thority of the Secretary of the Interior or any officer of 

6 the Department of the Interior under this Act, pending 

7 civil actions shall continue notwithstanding the enactment 

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

9 had, appeals taken, and judgments rendered and enforced 

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

11 enactment had not occurred. 

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

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

14 or delegations of authority that precede the effective date 

15 of this Act are deemed to refer, as appropriate, to the De16 partment, to its officers, employees, or agents, or to its 

17 corresponding organizational units or functions. Statutory 

18 reporting requirements that applied in relation to the 

19 Service immediately before the effective date of this Act 

20 shall continue to apply. 

21 SEC. 107. CONFORMING AMENDMENT. 

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

23 amended by striking ‘‘Director, Bureau of Mines, Depart24 ment of the Interior.’’ and inserting the following new 

25 items: 


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1 ‘‘Director, Bureau of Ocean Energy Manage2 ment, Department of the Interior. 

3 ‘‘Director, Bureau of Safety and Environmental 

4 Enforcement, Department of the Interior. 

5 ‘‘Director, Office of Natural Resources Rev6 enue, Department of the Interior.’’. 

7 SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVI8 RONMENTAL ADVISORY BOARD. 

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

10 under the Federal Advisory Committee Act, an Outer Con11 tinental Shelf Safety and Environmental Advisory Board 

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

13 the Secretary and the Directors of the bureaus established 

14 by this title with independent scientific and technical ad15 vice on safe and environmentally compliant nonrenewable 

16 and renewable energy and mineral resource exploration, 

17 development, and production activities. 

18 (b) MEMBERSHIP.— 

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

20 than 12 members, chosen to reflect a range of exper21 tise in scientific, engineering, management, environ22 mental, and other disciplines related to safe and en23 vironmentally compliant renewable and nonrenewable 

24 energy and mineral resource exploration, develop25 ment, and production activities. The Secretary shall 


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1 consult with the National Academy of Sciences and 

2 the National Academy of Engineering to identify po3 tential candidates for the Board. 

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

5 members to staggered terms of not more than 4 

6 years, and shall not appoint a member for more 

7 than 2 consecutive terms. 

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

9 Board, the Secretary shall ensure a balanced rep10 resentation of industry- and nonindustry-related in11 terests. 

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

13 for the Board. 

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

15 3 times per year and, at least once per year, shall host 

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

17 environmental performance of Outer Continental Shelf 

18 nonrenewable and renewable energy and mineral resource 

19 activities. 

20 (e) OFFSHORE DRILLING SAFETY ASSESSMENTS

21 AND RECOMMENDATIONS.—As part of its duties under 

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

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

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


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1 (1) assesses offshore oil and gas well control 

2 technologies, practices, voluntary standards, and 

3 regulations in the United States and elsewhere; 

4 (2) assesses offshore oil and gas well control 

5 technologies, practices, voluntary standards, regula6 tions, and technologies and practices used to esti7 mate the flow rate of hydrocarbons in the United 

8 States and elsewhere; and 

9 (3) as appropriate, recommends modifications 

10 to the regulations issued under this Act to ensure 

11 adequate protection of safety and the environment. 

12 (f) REPORTS.—Reports of the Board shall be sub13 mitted to the Congress and made available to the public 

14 in electronically accessible form. 

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

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

17 while attending meeting of the Board or while otherwise 

18 serving at the request of the Secretary or the Director 

19 while serving away from their homes or regular places of 

20 business, may be allowed travel expenses, including per 

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

22 of title 5, United States Code, for individuals in the Gov23 ernment serving without pay. 


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1 SEC. 109. LIMITATION ON EFFECT ON DEVELOPMENT OF 

2 OCEAN RENEWABLE ENERGY RESOURCE FA3 CILITIES. 

4 Nothing in this title shall delay development of ocean 

5 renewable energy resource facilities including— 

6 (1) promotion of offshore wind development; 

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

8 royalty collection for such development of ocean re9 newable energy resource facilities; and 

10 (3) developing and administering an efficient 

11 leasing and licensing process for ocean renewable en12 ergy resource facilities. 

13 SEC. 110. ANNUAL REPORT ON OFFSHORE ENERGY DEVEL14 OPMENT ACTIVITIES. 

15 The Secretary shall annually report to Congress on 

16 offshore energy development activities. Each report shall 

17 detail— 

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

19 safety regulations and strengthening environmental 

20 review; and 

21 (2) steps taken by industry to address safety 

22 and environmental concerns related to offshore drill23 ing. 


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1 TITLE II—FEDERAL OIL AND GAS 

2 DEVELOPMENT 

3 Subtitle A—Safety, Environmental, 

4 and Financial Reform of the 

5 Outer Continental Shelf Lands 

6 Act 

7 SEC. 201. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Outer Continental 

9 Shelf Lands Act Amendments of 2011’’. 

10 SEC. 202. DEFINITIONS. 

11 Section 2 of the Outer Continental Shelf Lands Act 

12 (43 U.S.C. 1331) is amended by adding at the end the 

13 following: 

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

15 that provides a basis for determining whether a system 

16 is adequately safe for a given application in a given oper17 ating environment.’’. 

18 SEC. 203. NATIONAL POLICY FOR THE OUTER CONTI19 NENTAL SHELF. 

20 Section 3 of the Outer Continental Shelf Lands Act 

21 (43 U.S.C. 1332) is amended— 

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

23 following: 

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1 ment for the public, that should be managed in a 

2 manner that— 

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

4 States for domestic sources of energy, food, 

5 minerals, and other resources; 

6 ‘‘(B) minimizes the potential impacts of 

7 development of those resources on the marine 

8 and coastal environment and on safety; and 

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

10 value to the United States of the balanced and 

11 orderly management of those resources that 

12 safeguards the environment and respects the 

13 multiple values and uses of the outer Conti14 nental Shelf;’’; 

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

16 the end and inserting a semicolon; 

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

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

19 inserting a semicolon; 

20 (4) by redesignating paragraph (6) as para21 graph (7); 

22 (5) by inserting after paragraph (5) the fol23 lowing: 

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

25 of energy and minerals on the outer Continental 


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1 Shelf should be allowed only when those activities 

2 can be accomplished in a manner that minimizes— 

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

4 and other aquatic life) and health; 

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

6 human environments and to property; and 

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

8 seabed, or subsoil; and’’; and 

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

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

11 ‘‘shall be’’; 

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

13 ‘‘using’’; and 

14 (C) striking ‘‘or minimize’’. 

15 SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTI16 NENTAL SHELF. 

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

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

19 (1) inserting ‘‘or producing or supporting pro20 duction of energy from sources other than oil and 

21 gas’’ after ‘‘therefrom’’; 

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

23 after ‘‘transporting such resources’’; and 

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

25 mineral’’. 


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1 SEC. 205. OUTER CONTINENTAL SHELF LEASING STAND2 ARD. 

3 (a) IN GENERAL.—Section 5 of the Outer Conti4 nental Shelf Lands Act (43 U.S.C. 1334) is amended— 

5 (1) in subsection (a), by striking ‘‘The Sec6 retary may at any time’’ and inserting ‘‘The Sec7 retary shall’’; 

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

9 adding after ‘‘provide for’’ the following: ‘‘oper10 ational safety, the protection of the marine and 

11 coastal environment, and’’; 

12 (3) in subsection (a), by inserting ‘‘and the Sec13 retary of Commerce with respect to matters that 

14 may affect the marine and coastal environment’’ 

15 after ‘‘which may affect competition’’; 

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

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

18 ‘‘30 days’’; 

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

20 manner that minimizes harmful impacts to the ma21 rine and coastal environment’’ after ‘‘lease area’’; 

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

23 the semicolon at the end of paragraph (7), redesig24 nating paragraph (8) as paragraph (13), and insert25 ing after paragraph (7) the following: 


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

2 requirements of safety systems related to well con3 trol, such as blowout preventers; 

4 ‘‘(9) for performance requirements for blowout 

5 preventers, including quantitative risk assessment 

6 standards, subsea testing, and secondary activation 

7 methods; 

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

9 requirements of well casing and cementing programs 

10 and procedures; 

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

12 and environmental management systems by opera13 tors on the outer Continental Shelf; 

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

15 used during drilling operations to minimize the risk 

16 of ignition and explosion of hydrocarbons;’’; 

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

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

19 inserting ‘‘; and’’, and by adding at the end the fol20 lowing: 

21 ‘‘(14) ensuring compliance with other applicable 

22 environmental and natural resource conservation 

23 laws, including the response plan requirements of 

24 section 311(j) of the Federal Water Pollution Con25 trol Act (33 U.S.C. 1321(j)).’’; and 


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1 (8) by adding at the end the following new sub2 sections: 

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

4 Any documents incorporated by reference in regulations 

5 promulgated by the Secretary pursuant to this Act shall 

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

7 website maintained by the Secretary. 

8 ‘‘(l) REGULATORY STANDARDS FOR BLOWOUT PRE9 VENTERS, WELL DESIGN, AND CEMENTING.— 

10 ‘‘(1) IN GENERAL.—In promulgating regula11 tions under this Act related to blowout preventers, 

12 well design, and cementing, the Secretary shall en13 sure that such regulations include the minimum 

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

15 unless, after notice and an opportunity for public 

16 comment, the Secretary determines that a standard 

17 required under this subsection would be less effective 

18 in ensuring safe operations than an available alter19 native technology or practice. Such regulations shall 

20 require independent third-party certification, pursu21 ant to paragraph (5), of blowout preventers, well de22 sign, and cementing programs and procedures prior 

23 to the commencement of drilling operations. Such 

24 regulations shall also require recertification by an 

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1 graph (5), of a blowout preventer upon any material 

2 modification to the blowout preventer or well design 

3 and of a well design upon any material modification 

4 to the well design. 

5 ‘‘(2) BLOWOUT PREVENTERS.—Subject to para6 graph (1), regulations issued under this Act for 

7 blowout preventers shall include at a minimum the 

8 following requirements: 

9 ‘‘(A) Two sets of blind shear rams appro10 priately spaced to prevent blowout preventer 

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

12 one set of blind shear rams during a situation 

13 that threatens loss of well control. 

14 ‘‘(B) Redundant emergency backup control 

15 systems capable of activating the relevant com16 ponents of a blowout preventer, including when 

17 the communications link or other critical links 

18 between the drilling rig and the blowout pre19 venter are destroyed or inoperable. 

20 ‘‘(C) Regular testing of the emergency 

21 backup control systems, including testing dur22 ing deployment of the blowout preventer. 

23 ‘‘(D) As appropriate, remotely operated ve24 hicle intervention capabilities for secondary con25 trol of all subsea blowout preventer functions, 


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1 including adequate hydraulic capacity to acti2 vate blind shear rams, casing shear rams, and 

3 other critical blowout preventer components. 

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

5 regulations issued under this Act for well design 

6 standards shall include at a minimum the following 

7 requirements: 

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

9 the final casing string, the installation of at 

10 least two independent, tested mechanical bar11 riers, in addition to a cement barrier, across 

12 each flow path between hydrocarbon bearing 

13 formations and the blowout preventer. 

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

15 a failure of one barrier does not significantly in16 crease the likelihood of another barrier’s failure. 

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

18 for the purpose for which it is intended under 

19 reasonably expected wellbore conditions. 

20 ‘‘(D) The installation and verification with 

21 a pressure test of a lockdown device at the time 

22 the casing is installed in the wellhead. 

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

24 regulations issued under this Act for cementing 


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1 standards shall include at a minimum the following 

2 requirements: 

3 ‘‘(A) Adequate centralization of the casing 

4 to ensure proper distribution of cement. 

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

6 prior to cementing. 

7 ‘‘(C) The use of an adequate volume of ce8 ment to prevent any unintended flow of hydro9 carbons between any hydrocarbon-bearing for10 mation zone and the wellhead. 

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

12 jobs intended to provide a barrier to hydro13 carbon flow. 

14 ‘‘(E) Cement bond logs or such other in15 tegrity tests as the Secretary may prescribe for 

16 cement jobs other than those identified in sub17 paragraph (D). 

18 ‘‘(5) INDEPENDENT THIRD-PARTY CERTIFI19 CATION.—The Secretary shall issue regulations that 

20 establish appropriate standards for the approval of 

21 independent third-party certifiers capable of exer22 cising certification functions for blowout preventers, 

23 well design, and cementing. For any certification re24 quired for regulations related to blowout preventers, 

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


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1 qualified independent third-party certifier chosen by 

2 the Secretary. The costs of any certification shall be 

3 borne by the operator. The regulations issued under 

4 this subsection shall require the following: 

5 ‘‘(A) Prior to the commencement of drill6 ing through a blowout preventer at any covered 

7 well, the operator shall obtain a written and 

8 signed certification from an independent third 

9 party approved and assigned by the appropriate 

10 Federal official pursuant to subsection (a) that 

11 the third party— 

12 ‘‘(i) conducted or oversaw a detailed 

13 physical inspection, design review, system 

14 integration test, and function and pressure 

15 testing of the blowout preventer; and 

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

17 professional judgment, determined that— 

18 ‘‘(I) the blowout preventer is de19 signed for the specific drilling condi20 tions, equipment, and location where 

21 it will be installed and for the specific 

22 well design; 

23 ‘‘(II) the blowout preventer and 

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1 tems will operate effectively and as 

2 designed when installed; 

3 ‘‘(III) each blind shear ram or 

4 casing shear ram will function effec5 tively under likely emergency sce6 narios and is capable of shearing the 

7 drill pipe or casing, as applicable, that 

8 will be used when installed; 

9 ‘‘(IV) emergency control systems 

10 will function under the conditions in 

11 which they will be installed; and 

12 ‘‘(V) the blowout preventer has 

13 not been compromised or damaged 

14 from any previous service. 

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

16 after commencement of drilling through a blow17 out preventer at any covered well, or upon im18 plementation of any material modification to 

19 the blowout preventer or well design at such a 

20 well, the operator shall obtain a written and 

21 signed recertification from an independent third 

22 party approved and assigned by the appropriate 

23 Federal official pursuant to subsection (a) that 

24 the requirements in clause (ii) of subparagraph 

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1 ployed. Such recertification determinations shall 

2 consider the results of tests required by the ap3 propriate Federal official, including testing of 

4 the emergency control systems of a blowout pre5 venter. 

6 ‘‘(C) Certifications under subparagraph 

7 (A), recertifications under subparagraph (A), 

8 and results of and data from all tests conducted 

9 pursuant to this subsection shall be promptly 

10 submitted to the appropriate Federal official 

11 and made publicly available. 

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

13 IMPLEMENTATION.— 

14 ‘‘(A) IN GENERAL.—Requirements estab15 lished under this subsection shall apply, as pro16 vided in subparagraph (B), to offshore drilling 

17 operations that take place on lands that are 

18 landward of the outer Continental Shelf and 

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

20 the Secretary determines, based on criteria es21 tablished by rule, could, in the event of a blow22 out, lead to extensive and widespread harm to 

23 safety or the environment. 

24 ‘‘(B) SUBMISSION OF STATE REGULATORY

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1 retary a plan demonstrating that the State’s 

2 regulatory regime for wells identified in sub3 paragraph (A) establishes requirements for 

4 such wells that are comparable to, or alter5 native requirements providing an equal or 

6 greater level of safety than, those established 

7 under this section for wells on the outer Conti8 nental Shelf. The Secretary shall promptly de9 termine, after notice and an opportunity for 

10 public comment, whether a State’s regulatory 

11 regime meets the standard set forth in the pre12 ceding sentence. If the Secretary determines 

13 that a State’s regulatory regime does not meet 

14 such standard, the Secretary shall identify the 

15 deficiencies that are the basis for such deter16 mination and provide a reasonable period of 

17 time for the State to remedy the deficiencies. If 

18 the State does not do so within such reasonable 

19 period of time, the Secretary shall apply the re20 quirements established under this section to off21 shore drilling operations described in subpara22 graph (A) that are located in such State, until 

23 such time as the Secretary determines that the 

24 deficiencies have been remedied. 

25 ‘‘(m) RULEMAKING DOCKETS.— 


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

2 date of proposal of any regulation under this Act, 

3 the Secretary shall establish a publicly available 

4 rulemaking docket for such regulation. 

5 ‘‘(2) DOCUMENTS TO BE INCLUDED.—The Sec6 retary shall include in the docket— 

7 ‘‘(A) all written comments and documen8 tary information on the proposed rule received 

9 from any person in the comment period for the 

10 rulemaking, promptly upon receipt by the Sec11 retary; 

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

13 if any, on the proposed rule, promptly upon re14 ceipt from the person who transcribed such 

15 hearing; and 

16 ‘‘(C) all documents that become available 

17 after the proposed rule is published and that 

18 the Secretary determines are of central rel19 evance to the rulemaking, by as soon as pos20 sible after their availability. 

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

22 ASSOCIATED MATERIAL.—The Secretary shall in23 clude in the docket— 

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

25 the Secretary to the Office of Management and 


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1 Budget for any interagency review process prior 

2 to proposal of such rule, all documents accom3 panying such draft, all written comments there4 on by other agencies, and all written responses 

5 to such written comments by the Secretary, by 

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

7 and 

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

9 Secretary for such review process before 

10 issuance of the final rule, all such written com11 ments thereon, all documents accompanying 

12 such draft, and all written responses thereto, by 

13 no later than the date of issuance of the final 

14 rule.’’. 

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

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

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

18 Act, is further amended by striking ‘‘paragraph (8) of sec19 tion 5(a) of this Act’’ each place it appears and inserting 

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

21 SEC. 206. CHEMICAL SAFETY BOARD INVESTIGATION. 

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

23 7412(r)(6)) is amended by adding at the end the following: 

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

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1 paragraph, the Chemical Safety and Hazard In2 vestigation Board, the Coast Guard, and the 

3 Department of the Interior shall enter into an 

4 agreement in order to facilitate the Board’s in5 vestigation of the facts, circumstances, and 

6 causes of an accidental fire, explosion, or re7 lease involving an offshore oil or gas exploration 

8 or production facility (regardless of whether 

9 there is a resulting marine oil spill). Such 

10 agreement shall provide the Board with the fol11 lowing: 

12 ‘‘(i) Unrestricted access to any per13 sonnel, records, witness statements, re14 corded witness interviews, and physical or 

15 documentary evidence related to an off16 shore oil or gas exploration or production 

17 facility under investigation collected or pos18 sessed by the Coast Guard or the Depart19 ment of the Interior. 

20 ‘‘(ii) The ability to conduct recorded 

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1 shore oil or gas exploration and produc2 tion. 

3 ‘‘(iii) The right to participate equally 

4 in planning and executing any testing of 

5 relevant items of physical evidence related 

6 to the cause of the accident. 

7 ‘‘(iv) Such support and facilities as 

8 may be necessary for the Board’s inves9 tigation, including transportation to the 

10 accident site, coastal waters and affected 

11 areas, and other offshore oil or gas explo12 ration and production facilities without 

13 cost to the Board. 

14 ‘‘(U) RECOMMENDATIONS.—Based on an 

15 investigation of an accidental fire, explosion, or 

16 release involving an offshore oil or gas explo17 ration or production facility, the Board shall 

18 make recommendations with respect to pre19 venting subsequent accidental fires, explosions, 

20 or releases to the Secretary of the Interior and 

21 the Commandant of the Coast Guard. The Sec22 retary of the Interior and the Commandant of 

23 the Coast Guard shall respond formally and in 

24 writing to any recommendation of the Board 


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1 within 90 days of the receipt of such rec2 ommendation.’’. 

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

4 (a) FINANCIAL ASSURANCE AND FISCAL RESPONSI5 BILITY.—Section 8 of the Outer Continental Shelf Lands 

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

7 the following: 

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

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

10 the Secretary shall review the minimum financial responsi11 bility requirements for leases issued under this section and 

12 shall ensure that any bonds or surety required are ade13 quate to comply with the requirements of this Act or the 

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

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

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

17 the date of enactment of this subsection and every 

18 3 years thereafter, the Secretary shall carry out a 

19 review and prepare a report setting forth— 

20 ‘‘(A)(i) the royalty and rental rates in21 cluded in new offshore oil and gas leases; and 

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

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

24 the royalty and rental rates described in sub25 paragraph (A) will yield a fair return to the 


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1 public while promoting the production of oil and 

2 gas resources in a timely manner; 

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

4 amounts required pursuant to offshore oil and 

5 gas leases; and 

6 ‘‘(ii) the rationale for the minimum 

7 amounts; 

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

9 described in subparagraph (C) are adequate to 

10 comply with subsection (q); and 

11 ‘‘(E) whether the Secretary intends to 

12 modify the royalty or rental rates, or bond or 

13 surety amounts, based on the review. 

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

15 a review and preparing a report under paragraph 

16 (1), the Secretary shall provide to the public an op17 portunity to participate. 

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

19 days after the date on which the Secretary completes 

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

21 transmit copies of the report to— 

22 ‘‘(A) the Committee on Energy and Nat23 ural Resources of the Senate; and 

24 ‘‘(B) the Committee on Natural Resources 

25 of the House of Representatives. 


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

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

3 after the date of enactment of this subsection and 

4 every 5 years thereafter, the Secretary shall carry 

5 out a comprehensive review of all components of the 

6 Federal offshore oil and gas fiscal system, including 

7 requirements for— 

8 ‘‘(A) bonus bids; 

9 ‘‘(B) rental rates; and 

10 ‘‘(C) royalties. 

11 ‘‘(2) REQUIREMENTS.— 

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

13 paragraph (1) shall include— 

14 ‘‘(i) the information and analyses nec15 essary to compare the offshore bonus bids, 

16 rents, and royalties of the Federal Govern17 ment to the offshore bonus bids, rents, and 

18 royalties of other resource owners, includ19 ing States and foreign countries; and 

20 ‘‘(ii) an assessment of the overall off21 shore oil and gas fiscal system in the 

22 United States, as compared to foreign 

23 countries. 

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1 graph (1), the Secretary shall convene and seek 

2 the advice of an independent advisory com3 mittee comprised of oil and gas and fiscal ex4 perts from States, Indian tribes, academia, the 

5 energy industry, and appropriate nongovern6 mental organizations. 

7 ‘‘(3) REPORT.— 

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

9 prepare a report that contains— 

10 ‘‘(i) the contents and results of the re11 view carried out under paragraph (1) for 

12 the period covered by the report; and 

13 ‘‘(ii) any recommendations of the Sec14 retary based on the contents and results of 

15 the review. 

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

17 30 days after the date on which the Secretary 

18 completes a report under paragraph (1), the 

19 Secretary shall transmit copies of the report to 

20 the Committee on Natural Resources of the 

21 House of Representatives and the Committee 

22 on Energy and Natural Resources of the Sen23 ate.’’. 

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

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


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1 amended by striking subsection (d) and inserting the fol2 lowing: 

3 ‘‘(d) REQUIREMENT FOR CERTIFICATION OF RE4 SPONSIBLE STEWARDSHIP.— 

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

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

7 under this section, or for a permit to drill under sec8 tion 11(d), may be submitted by any person unless 

9 the person certifies to the Secretary that the person 

10 (including any related person and any predecessor of 

11 such person or related person) meets each of the fol12 lowing requirements: 

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

14 safety, and environmental requirements on 

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

16 ‘‘(B) In the case of a person that is a re17 sponsible party for a vessel or a facility from 

18 which oil is discharged, for purposes of section 

19 1002 of the Oil Pollution Act of 1990 (33 

20 U.S.C. 2702), the person has met all of its obli21 gations under that Act to provide compensation 

22 for covered removal costs and damages. 

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

24 date of certification, the person, in connection 

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1 ploration, development, production, transpor2 tation by pipeline, and refining)— 

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

4 willful or repeated violations under the Oc5 cupational Safety and Health Act of 1970 

6 (29 U.S.C. 651 et seq.) (including State 

7 plans approved under section 18(c) of such 

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

9 higher than five times the rate determined 

10 by the Secretary to be the oil industry av11 erage for such violations for such period; 

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

13 violation for death or serious bodily injury; 

14 ‘‘(iii) did not have more than 10 fa15 talities at its exploration, development, and 

16 production facilities and refineries as a re17 sult of violations of Federal or State 

18 health, safety, or environmental laws; 

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

20 into an agreement to pay, and was not oth21 erwise required to pay, civil penalties and 

22 criminal fines for violations the person was 

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1 grams approved under sections 402 and 

2 404 of such Act (33 U.S.C. 1342 and 

3 1344)) in a total amount that is equal to 

4 more than $10,000,000; and 

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

6 into an agreement to pay, and was not oth7 erwise required to pay, civil penalties and 

8 criminal fines for violations the person was 

9 found to have committed under the Clean 

10 Air Act (42 U.S.C. 7401 et seq.) (includ11 ing State plans approved under section 

12 110 of such Act (42 U.S.C. 7410)) in a 

13 total amount that is equal to more than 

14 $10,000,000. 

15 ‘‘(2) ENFORCEMENT.—If the Secretary deter16 mines that a certification made under paragraph (1) 

17 is false, the Secretary shall cancel any lease, ease18 ment, or right of way and shall revoke any permit 

19 with respect to which the certification was required 

20 under such paragraph. 

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

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

23 includes a parent, subsidiary, affiliate, member of 

24 the same controlled group, contractor, subcontractor, 

25 a person holding a controlling interest or in which 


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1 a controlling interest is held, and a person with sub2 stantially the same board members, senior officers, 

3 or investors.’’. 

4 (c) ALTERNATIVE ENERGY DEVELOPMENT.—Section 

5 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 

6 1337(p)) is amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

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

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

11 (B) by amending subparagraph (D) to 

12 read as follows: 

13 ‘‘(D) use, for energy-related purposes, fa14 cilities currently or previously used for activities 

15 authorized under this Act, except that any oil 

16 and gas energy-related uses shall not be author17 ized in areas in which oil and gas preleasing, 

18 leasing, and related activities are prohibited by 

19 a moratorium.’’; and 

20 (2) in paragraph (4)— 

21 (A) in subparagraph (E), by striking ‘‘co22 ordination’’ and inserting ‘‘in consultation’’; 

23 and 


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

2 ‘‘a potential site for an alternative energy facil3 ity,’’ after ‘‘deepwater port,’’. 

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

5 MARINE AND COASTAL ENVIRONMENT BY SECRETARY.— 

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

7 U.S.C. 1337) is amended by adding at the end of sub8 section (a) the following: 

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

10 the Secretary shall request a review by the Secretary 

11 of Commerce of the proposed sale with respect to 

12 impacts on the marine and coastal environment. The 

13 Secretary of Commerce shall complete and submit in 

14 writing the results of that review within 60 days 

15 after receipt of the Secretary of the Interior’s re16 quest. If the Secretary of Commerce makes specific 

17 recommendations related to a proposed lease sale to 

18 reduce impacts on the marine and coastal environ19 ment, and the Secretary rejects or modifies such rec20 ommendations, the Secretary shall provide in writing 

21 justification for rejecting or modifying such rec22 ommendations.’’. 

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

24 8(b)(1) of the Outer Continental Shelf Lands Act (43 

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


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1 Secretary finds that a larger area is necessary to comprise 

2 a reasonable economic production unit’’. 

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

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

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

6 ‘‘allow’’. 

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

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

9 is amended by striking ‘‘An oil and gas lease issued pursu10 ant to this section shall’’ and inserting ‘‘An oil and gas 

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

12 Secretary determines that activities under the lease are 

13 not likely to result in any condition described in section 

14 5(a)(2)(A)(i), and shall’’. 

15 SEC. 208. EXPLORATION PLANS. 

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

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

18 and every 5 years thereafter, the Secretary shall publish 

19 an estimate of the worst-case scenario discharges, includ20 ing subsurface discharges, that are possible in each Outer 

21 Continental Shelf region, based on the oil and gas explo22 ration, development, and production activities that are 

23 being conducted or are planned to be conducted at various 

24 locations and depths in each area. 


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1 (b) LIMITATION ON HARM FROM AGENCY EXPLO2 RATION.—Section 11(a)(1) of the Outer Continental Shelf 

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

4 ‘‘, which do not interfere with or endanger actual oper5 ations under any lease maintained or granted pursuant to 

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

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

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

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

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

11 1340(c)), is amended— 

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

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

14 amendment made by paragraph (1) of this sub15 section— 

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

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

18 lease, and other applicable environmental and 

19 natural resource conservation laws’’; and 

20 (B) by striking the fourth sentence and in21 serting the following: 

22 ‘‘(B) The Secretary shall approve such plan, as sub23 mitted or modified, within 90 days after its submission 

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

25 within such additional time as the Secretary determines 


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1 is necessary to complete any environmental, safety, or 

2 other reviews, if the Secretary determines that— 

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

4 not likely to result in any condition described in sec5 tion 5(a)(2)(A)(i); 

6 ‘‘(ii) the plan complies with other applicable en7 vironmental or natural resource conservation laws; 

8 ‘‘(iii) in the case of geophysical surveys, the ap9 plicant will use the best available technologies and 

10 methods to minimize impacts on marine life; and 

11 ‘‘(iv) the applicant has demonstrated the capa12 bility and technology to respond immediately and ef13 fectively to a worst-case-scenario discharge, which 

14 shall be estimated for the proposed activities con15 tained in the exploration plan, utilizing, in part, the 

16 relevant worst-case scenario discharge estimate pub17 lished by the Secretary under section 208(a) of the 

18 Implementing the Recommendations of the BP Oil 

19 Spill Commission Act of 2011.’’; and 

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

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

22 days to review an exploration plan submitted pursu23 ant to any oil and gas lease issued or maintained 

24 under this Act, then the Secretary may provide for 

25 a suspension of that lease pursuant to section 5 


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1 until the review of the exploration plan is com2 pleted.’’. 

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

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

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

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

7 subsection shall include, in the degree of detail that 

8 the Secretary may by regulation require— 

9 ‘‘(A) a schedule of anticipated exploration 

10 activities to be undertaken; 

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

12 equipment to be used for such activities, includ13 ing— 

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

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

16 condition of major safety-related pieces of 

17 equipment, including independent third 

18 party certification of such equipment; and 

19 ‘‘(iii) a description of any new tech20 nology to be used; 

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

22 well to be drilled; 

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

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1 plete description of a response plan to both con2 trol the blowout and manage the accompanying 

3 discharge of hydrocarbons, including the likeli4 hood for surface intervention to stop the blow5 out, the availability of a rig to drill a relief well, 

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

7 relief well, a description of other technology 

8 that may be used to regain control of the well 

9 or capture escaping hydrocarbons and the po10 tential timeline for using that technology for its 

11 intended purpose, and the strategy, organiza12 tion, and resources necessary to avoid harm to 

13 the environment from hydrocarbons; 

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

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

16 be estimated for the proposed activities con17 tained in the exploratory plan, utilizing, in part, 

18 the worst-case-scenario discharge performed by 

19 the Secretary under section 208(a) of hydro20 carbons on the marine, coastal, and human en21 vironments for activities conducted pursuant to 

22 the proposed exploration plan; and 

23 ‘‘(F) such other information deemed perti24 nent by the Secretary.’’. 


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

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

3 amended by to read as follows: 

4 ‘‘(d) DRILLING PERMITS.— 

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

6 regulation, require that any lessee operating under 

7 an approved exploration plan obtain a permit prior 

8 to drilling any well in accordance with such plan, 

9 and prior to any significant modification of the well 

10 design as originally approved by the Secretary. 

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

12 Secretary may not grant any drilling permit or 

13 modification of the permit prior to completion of a 

14 full engineering review of the well system, including 

15 a determination that critical safety systems, includ16 ing blowout prevention, will utilize best available 

17 technology and that blowout prevention systems will 

18 include redundancy and remote triggering capability. 

19 ‘‘(3) OPERATOR SAFETY AND ENVIRONMENTAL

20 MANAGEMENT REQUIRED.—The Secretary shall not 

21 grant any drilling permit or modification of the per22 mit prior to completion of a safety and environ23 mental management plan to be utilized by the oper24 ator during all well operations.’’. 


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1 (f) EXPLORATION PERMIT REQUIREMENTS.—Section 

2 11(g) of the Outer Continental Shelf Lands Act (43 

3 U.S.C. 1340(g)) is amended by— 

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

5 ‘‘may be issued’’; 

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

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

8 regulations issued by the Secretary’’; 

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

10 (2); 

11 (4) in paragraph (3) striking ‘‘will not be un12 duly harmful to’’ and inserting ‘‘is not likely to 

13 harm’’; 

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

15 (3) and inserting a semicolon; and 

16 (6) adding at the end the following: 

17 ‘‘(4) the exploration will be conducted in ac18 cordance with other applicable environmental and 

19 natural resource conservation laws; 

20 ‘‘(5) in the case of geophysical surveys, the ap21 plicant will use the best available technologies and 

22 methods to minimize impacts on marine life; and 

23 ‘‘(6) in the case of drilling operations, the appli24 cant has available oil spill response and clean-up 

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1 onstrated to be capable of effectively remediating a 

2 worst-case release of oil.’’. 

3 (g) ENVIRONMENTAL REVIEW OF PLANS; DEEP4 WATER PLAN; PLAN DISAPPROVAL.—Section 11 of the 

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

6 amended by adding at the end the following: 

7 ‘‘(i) ENVIRONMENTAL REVIEW OF PLANS.—The Sec8 retary shall treat the approval of an exploration plan, or 

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

10 requiring preparation of an environmental assessment or 

11 environmental impact statement in accordance with the 

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

13 4321 et seq.), and shall require that such plan— 

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

15 to ensure safety in carrying out both the drilling of 

16 the well and any oil spill response; and 

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

18 safety of the proposed activity, the blowout preven19 tion technology, and the blowout and spill response 

20 plans. 

21 ‘‘(j) DISAPPROVAL OF PLAN.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall dis23 approve the plan if the Secretary determines, be24 cause of exceptional geological conditions in the 

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1 rine or coastal environment, or other exceptional cir2 cumstances, that— 

3 ‘‘(A) implementation of the plan would 

4 probably cause serious harm or damage to life 

5 (including fish and other aquatic life), to prop6 erty, to any mineral deposits (in areas leased or 

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

8 or to the marine, coastal, or human environ9 ments; 

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

11 not disappear or decrease to an acceptable ex12 tent within a reasonable period of time; and 

13 ‘‘(C) the advantages of disapproving the 

14 plan outweigh the advantages of exploration. 

15 ‘‘(2) CANCELLATION OF LEASE FOR DIS16 APPROVAL OF PLAN.—If a plan is disapproved under 

17 this subsection, the Secretary may cancel such lease 

18 in accordance with subsection (c)(1) of this sec19 tion.’’. 

20 SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

21 Section 18 of the Outer Continental Shelf Lands Act 

22 (43 U.S.C. 1344) is amended— 

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

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

25 ‘‘balance national energy needs and the protection of 


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1 the marine and coastal environment and all the re2 sources in that environment,’’; 

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

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

5 (3) in subsection (a)(2)(A)— 

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

7 ‘‘the best available scientific’’; and 

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

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

10 (4) in subsection (a)(2)(D), by inserting ‘‘po11 tential and existing sites of renewable energy instal12 lations,’’ after ‘‘deepwater ports,’’; 

13 (5) in subsection (a)(2)(H), by inserting ‘‘in14 cluding the availability of infrastructure to support 

15 oil spill response’’ before the period; 

16 (6) in subsection (a)(3), by— 

17 (A) striking ‘‘to the maximum extent prac18 ticable,’’; 

19 (B) striking ‘‘obtain a proper balance be20 tween’’ and inserting ‘‘minimize’’; and 

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

22 through the period and inserting ‘‘damage and 

23 adverse impacts on the marine, coastal, and 

24 human environments, and enhancing the poten25 tial for the discovery of oil and gas.’’; 


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1 (7) in subsection (b)(1), by inserting ‘‘environ2 mental, marine, and energy’’ after ‘‘obtain’’; 

3 (8) in subsection (b)(2), by inserting ‘‘environ4 mental, marine, and’’ after ‘‘interpret the’’; 

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

6 the semicolon at the end; 

7 (10) by striking the period at the end of sub8 section (b)(4) and inserting a semicolon; 

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

10 following: 

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

12 exploration plans and a systems review of the safety 

13 of well designs and other operational decisions; 

14 ‘‘(6) conduct regular and thorough safety re15 views and inspections; and 

16 ‘‘(7) enforce all applicable laws and regula17 tions.’’; 

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

19 by inserting ‘‘the National Oceanic and Atmospheric 

20 Administration and’’ after ‘‘including’’; 

21 (13) in subsection (c)(2)— 

22 (A) by inserting after the first sentence the 

23 following: ‘‘The Secretary shall also submit a 

24 copy of such proposed program to the head of 

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1 erwise provided suggestions under, paragraph 

2 (1).’’; 

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

4 head of a Federal agency’’ after ‘‘such Gov5 ernor’’; and 

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

7 between the Secretary and the head of a Fed8 eral agency,’’ after ‘‘affected State,’’; 

9 (14) by redesignating subsection (c)(3) as sub10 section (c)(4) and by inserting before subsection 

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

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

13 proposed leasing program under this section, the Sec14 retary shall request a review by the Secretary of Com15 merce of the proposed leasing program with respect to im16 pacts on the marine and coastal environments. If the Sec17 retary rejects or modifies any of the recommendations 

18 made by the Secretary of Commerce concerning the loca19 tion, timing, or conduct of leasing activities under the pro20 posed leasing program, the Secretary shall provide in writ21 ing justification for rejecting or modifying such rec22 ommendations.’’; 

23 (15) in the second sentence of subsection 

24 (d)(2), by inserting ‘‘, the head of a Federal agen25 cy,’’ after ‘‘Attorney General’’; 


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

2 first sentence the following: ‘‘Such information may 

3 include existing inventories and mapping of marine 

4 resources previously undertaken by the Department 

5 of the Interior and the National Oceanic and Atmos6 pheric Administration, information provided by the 

7 Department of Defense, and other available data re8 garding energy or mineral resource potential, navi9 gation uses, fisheries, aquaculture uses, recreational 

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

11 outer Continental Shelf.’’; and 

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

13 subsection: 

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

15 shall carry out a program of research and development 

16 to ensure the continued improvement of methodologies for 

17 characterizing resources of the outer Continental Shelf 

18 and conditions that may affect the ability to develop and 

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

20 responsible manner. Such research and development ac21 tivities may include activities to provide accurate estimates 

22 of energy and mineral reserves and potential on the Outer 

23 Continental Shelf and any activities that may assist in fill24 ing gaps in environmental data needed to develop each 

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1 gram the Secretary, in cooperation with the Secretary of 

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

3 the United States Geologic Survey, shall conduct joint re4 search to systematically collect critical scientific data, fill 

5 research gaps, and provide comprehensive, ecosystem6 based scientific review of outer Continental Shelf Areas 

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

8 leasing, and for offshore areas being considered for the 

9 siting of sources of renewable energy.’’. 

10 SEC. 210. ENVIRONMENTAL STUDIES. 

11 (a) INFORMATION NEEDED FOR ASSESSMENT AND

12 MANAGEMENT OF ENVIRONMENTAL IMPACTS.—Section 

13 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 

14 1346) is amended by striking so much as precedes ‘‘of 

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

16 ‘‘SEC. 20. ENVIRONMENTAL STUDIES. 

17 ‘‘(a)(1) The Secretary, in cooperation with the Sec18 retary of Commerce, shall conduct a study no less than 

19 once every three years’’. 

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

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

22 1346) is amended by— 

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

24 (d) through (g); and 


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

2 new subsection: 

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

4 and reduce data gaps related to impacts of deepwater hy5 drocarbon spills, including— 

6 ‘‘(1) effects to benthic substrate communities 

7 and species; 

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

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

10 originating in deep waters; and 

11 ‘‘(4) the use of dispersants.’’. 

12 (c) RESEARCH.—Within 1 year after the date of en13 actment of this Act, the Secretary, in cooperation with the 

14 Secretary of Commerce, shall conduct research to identify 

15 and reduce data gaps related to the impacts of offshore 

16 oil and gas development in the Arctic region and to iden17 tify and reduce gaps in oil spill response capabilities. 

18 SEC. 211. SAFETY REGULATIONS. 

19 Section 21 of the Outer Continental Shelf Lands Act 

20 (43 U.S.C. 1347) is amended— 

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

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

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

24 Outer Continental Shelf Lands Act Amendments of 

25 2011 and every three years thereafter,’’; 


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1 (2) in subsection (b) by— 

2 (A) striking ‘‘for the artificial islands, in3 stallations, and other devices referred to in sec4 tion 4(a)(1) of’’ and inserting ‘‘under’’; 

5 (B) striking ‘‘which the Secretary deter6 mines to be economically feasible’’; and 

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

8 later than 6 months after the date of enactment 

9 of the Outer Continental Shelf Lands Act 

10 Amendments of 2011 and every 3 years there11 after, the Secretary shall, in consultation with 

12 the Outer Continental Shelf Safety and Envi13 ronmental Advisory Board established under 

14 title I of the Implementing the Recommenda15 tions of the BP Oil Spill Commission Act of 

16 2011, identify and publish an updated list of 

17 (1) the best available technologies for key areas 

18 of well design and operation, including blowout 

19 prevention and blowout and oil spill response 

20 and (2) technology needs for which the Sec21 retary intends to identify best available tech22 nologies in the future.’’; and 

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

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

25 the date of enactment of the Outer Continental Shelf 


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1 Lands Act Amendments of 2011, the Secretary shall pro2 mulgate regulations requiring a safety case be submitted 

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

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

5 the date final regulations promulgated under this sub6 section go into effect, and not less than every 5 years 

7 thereafter, the Secretary shall enter into an arrangement 

8 with the National Academy of Engineering to conduct a 

9 study to assess the effectiveness of these regulations and 

10 to recommend improvements in their administration. 

11 ‘‘(h) OFFSHORE TECHNOLOGY RESEARCH AND RISK

12 ASSESSMENT PROGRAM.— 

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

14 out a program of research, development, and risk as15 sessment to address technology and development 

16 issues associated with exploration for, and develop17 ment and production of, energy and mineral re18 sources on the outer Continental Shelf, with the pri19 mary purpose of informing its role relating to safety, 

20 environmental protection, and spill response. 

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

22 under this subsection shall include research and de23 velopment related to— 


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

2 data from safety and compliance records both 

3 within the United States and internationally; 

4 ‘‘(B) analysis of industry trends in tech5 nology, investment, and frontier areas; 

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

7 including those associated with pipelines, blow8 out preventer mechanisms, casing, well design, 

9 and other associated infrastructure related to 

10 offshore energy development; 

11 ‘‘(D) oil spill response and mitigation, in12 cluding reviews of the best available technology 

13 for oil spill response and mitigation and the 

14 availability and accessibility of such technology 

15 in each region where leasing is taking place; 

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

17 ‘‘(F) technologies and methods to reduce 

18 the impact of geophysical exploration activities 

19 on marine life; and 

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

21 SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRON22 MENTAL REGULATIONS. 

23 (a) IN GENERAL.—Section 22 of the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 


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1 (1) by amending subsection (c) to read as fol2 lows: 

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

4 of the department in which the Coast Guard is operating 

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

6 regulations to provide for— 

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

8 year, of each facility on the outer Continental Shelf 

9 which is subject to any environmental or safety regu10 lation promulgated pursuant to this Act, which in11 spection shall include all safety equipment designed 

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

13 other major accidents; 

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

15 month, of each facility on the outer Continental 

16 Shelf engaged in drilling operations and which is 

17 subject to any environmental or safety regulation 

18 promulgated pursuant to this Act, which inspection 

19 shall include validation of the safety case required 

20 for the facility under section 21(g) and identifica21 tions of deviations from the safety case, and shall in22 clude all safety equipment designed to prevent or 

23 ameliorate blowouts, fires, spillages, or other major 

24 accidents; 


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1 ‘‘(3) periodic onsite inspection without advance 

2 notice to the operator of such facility to assure com3 pliance with such environmental or safety regula4 tions; and 

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

6 environmental management plan, and any associated 

7 safety case, both with respect to their implementa8 tion at each facility on the outer Continental Shelf 

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

10 with respect to onshore management support for ac11 tivities at such a facility.’’; 

12 (2) in subsection (d)(1)— 

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

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

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

16 control, and any other accident that presented 

17 a serious risk to human or environmental safe18 ty’’; and 

19 (B) by inserting before the period at the 

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

21 or permit’’; 

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

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

24 the lease or permit’’; 


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

2 following: ‘‘Any such allegation from any employee 

3 of the lessee or any subcontractor of the lessee shall 

4 be investigated by the Secretary.’’; 

5 (5) in subsection (b)(1), by striking ‘‘recog6 nized’’ and inserting ‘‘uncontrolled’’; and 

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

8 ‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE

9 ACTIONS.—For any incident investigated under this sec10 tion, the Secretary shall promptly make available to all 

11 lessees and the public technical information about the 

12 causes and corrective actions taken. All data and reports 

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

14 base available to the public. 

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

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

17 Secretary of the department in which the Coast 

18 Guard is operating, shall require all operators of all 

19 new and existing drilling and production operations 

20 to annually certify that their operations are being 

21 conducted in accordance with applicable law and reg22 ulations. 

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

24 limited to, statements that verify the operator has— 


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1 ‘‘(A) examined all well control system 

2 equipment (both surface and subsea) being used 

3 to ensure that it has been properly maintained 

4 and is capable of shutting in the well during 

5 emergency operations; 

6 ‘‘(B) examined and conducted tests to en7 sure that the emergency equipment has been 

8 function-tested and is capable of addressing 

9 emergency situations; 

10 ‘‘(C) reviewed all rig drilling, casing, ce11 menting, well abandonment (temporary and 

12 permanent), completion, and workover practices 

13 to ensure that well control is not compromised 

14 at any point while emergency equipment is in15 stalled on the wellhead; 

16 ‘‘(D) reviewed all emergency shutdown and 

17 dynamic positioning procedures that interface 

18 with emergency well control operations; 

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

20 that all personnel involved in well operations 

21 are properly trained and capable of performing 

22 their tasks under both normal drilling and 

23 emergency well control operations; and 

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

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


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

2 the best available technology, including the 

3 availability of such technology. 

4 ‘‘(i) CEO STATEMENT.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall not ap6 prove any application for a permit to drill a well 

7 under this Act unless such application is accom8 panied by a statement in which the chief executive 

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

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

11 applicable environmental and natural resource 

12 conservation laws; 

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

14 technology to respond immediately and effec15 tively to a worst-case oil spill in real-world con16 ditions in the area of the proposed activity 

17 under the permit; 

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

19 plan that ensures that the applicant has the ca20 pacity to promptly control and stop a blowout 

21 in the event that well control measures fail; 

22 ‘‘(D) the blowout preventer to be used dur23 ing the drilling of the well has redundant sys24 tems to prevent or stop a blowout for all fore25 seeable blowout scenarios and failure modes; 


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1 ‘‘(E) the well design is safe; and 

2 ‘‘(F) the applicant has the capability to ex3 peditiously begin and complete a relief well if 

4 necessary in the event of a blowout. 

5 ‘‘(2) CIVIL PENALTY.—Any chief executive offi6 cer who makes a false certification under paragraph 

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

8 24. 

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

10 that modify or upgrade any emergency equipment placed 

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

12 events, shall have an independent third party conduct a 

13 detailed physical inspection and design review of such 

14 equipment within 30 days of its installation. The inde15 pendent third party shall certify that the equipment will 

16 operate as originally designed and any modifications or 

17 upgrades conducted after delivery have not compromised 

18 the design, performance, or functionality of the equip19 ment. Failure to comply with this subsection shall result 

20 in suspension of the lease.’’. 

21 (b) APPLICATION.—Section 22(i) of the Outer Conti22 nental Shelf Lands Act, as added by the amendments 

23 made by subsection (a), shall apply to approvals of appli24 cations for a permit to drill that are submitted after the 


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1 end of the 6-month period beginning on the date of enact2 ment of this Act. 

3 SEC. 213. JUDICIAL REVIEW. 

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

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

6 ‘‘sixty’’ and inserting ‘‘90’’. 

7 SEC. 214. REMEDIES AND PENALTIES. 

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

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

10 1350(b)) is amended to read as follows: 

11 ‘‘(b)(1) Except as provided in paragraph (2), any per12 son who fails to comply with any provision of this Act, 

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

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

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

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

17 such failure. The Secretary may assess, collect, and com18 promise any such penalty. No penalty shall be assessed 

19 until the person charged with a violation has been given 

20 an opportunity for a hearing. The Secretary shall, by regu21 lation at least every 3 years, adjust the penalty specified 

22 in this paragraph to reflect any increases in the Consumer 

23 Price Index (all items, United States city average) as pre24 pared by the Department of Labor. 


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1 ‘‘(2) If a failure described in paragraph (1) con2 stitutes or constituted a threat of harm or damage to life 

3 (including fish and other aquatic life), property, any min4 eral deposit, or the marine, coastal, or human environ5 ment, a civil penalty of not more than $150,000 shall be 

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

7 (b) KNOWING AND WILLFUL VIOLATIONS.—Section 

8 24(c) of the Outer Continental Shelf Lands Act (43 

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

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

11 (c) OFFICERS AND AGENTS OF CORPORATIONS.— 

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

13 (43 U.S.C. 1350(d)) is amended by inserting ‘‘, or with 

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

15 SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL 

16 SHELF. 

17 Section 25 of the Outer Continental Shelf Lands Act 

18 (43 U.S.C. 1351) is amended— 

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

20 in each place it appears; 

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

22 the semicolon at the end of paragraph (5), redesig23 nating paragraph (6) as paragraph (11), and insert24 ing after paragraph (5) the following new para25 graphs: 


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

2 equipment to be used for the drilling of wells pursu3 ant to activities included in the development and 

4 production plan, including— 

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

6 units; 

7 ‘‘(B) a statement of the design and condi8 tion of major safety-related pieces of equip9 ment, including independent third-party certifi10 cation of such equipment; and 

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

12 to be used; 

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

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

15 the highest potential volume of liquid hydrocarbons, 

16 along with a complete description of a response plan 

17 to both control the blowout and manage the accom18 panying discharge of hydrocarbons, including the 

19 likelihood for surface intervention to stop the blow20 out, the availability of a rig to drill a relief well, an 

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

22 well, a description of other technology that may be 

23 used to regain control of the well or capture escap24 ing hydrocarbons and the potential timeline for 

25 using that technology for its intended purpose, and 


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1 the strategy, organization, and resources necessary 

2 to avoid harm to the environment from hydro3 carbons; 

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

5 worst-case-scenario discharge on the marine and 

6 coastal environments for activities conducted pursu7 ant to the proposed development and production 

8 plan; 

9 ‘‘(9) a comprehensive survey and characteriza10 tion of the coastal or marine environment within the 

11 area of operation, including bathymetry, currents 

12 and circulation patterns within the water column, 

13 and descriptions of benthic and pelagic environ14 ments; 

15 ‘‘(10) a description of the technologies to be de16 ployed on the facilities to routinely observe and mon17 itor in real time the marine environment throughout 

18 the duration of operations, and a description of the 

19 process by which such observation data and informa20 tion will be made available to Federal regulators and 

21 to the System established under section 12304 of 

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

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

24 precedes paragraph (2) and inserting the following: 


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

2 development and production plan, or a significant revision 

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

4 requiring preparation of an environmental assessment or 

5 environmental impact statement, in accordance with the 

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

7 4321 et seq.).’’; 

8 (4) by striking subsections (g) and (l), and re9 designating subsections (h) through (k) as sub10 sections (g) through and (j); and 

11 (5) in subsection (g), as so redesignated, by re12 designating paragraphs (2) and (3) as paragraphs 

13 (3) and (4), respectively, and inserting after para14 graph (1) the following: 

15 ‘‘(2) The Secretary shall not approve a develop16 ment and production plan, or a significant revision 

17 to such a plan, unless— 

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

19 other applicable environmental and natural re20 source conservation laws; and 

21 ‘‘(B) the applicant has available oil spill re22 sponse and clean-up equipment and technology 

23 that has been demonstrated to be capable of ef24 fectively remediating the projected worst-case 


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1 release of oil from activities conducted pursuant 

2 to the development and production plan.’’. 

3 SEC. 216. OIL AND GAS INFORMATION PROGRAM. 

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

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

6 (1) striking the period at the end of subpara7 graph (A) and inserting ‘‘, provided that such data 

8 shall be transmitted in electronic format either in 

9 real-time or as quickly as practicable following the 

10 generation of such data.’’; and 

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

12 following: 

13 ‘‘(C) Lessees engaged in drilling operations 

14 shall provide to the Secretary— 

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

16 lessee, or any daily reports generated by 

17 contractors or subcontractors engaged in 

18 or supporting drilling operations on the 

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

20 the end of the day for which they should 

21 have been generated; 

22 ‘‘(ii) documentation of blowout pre23 venter maintenance and repair, and any 

24 changes to design specifications of the 


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1 blowout preventer, within 24 hours after 

2 such activity; and 

3 ‘‘(iii) prompt or real-time trans4 mission of the electronic log from a blow5 out preventer control system.’’. 

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

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

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

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

10 the Secretary shall not conduct a regular program to take 

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

12 SEC. 218. RESTRICTIONS ON EMPLOYMENT. 

13 Section 29 of the Outer Continental Shelf Lands Act 

14 (43 U.S.C. 1355) is amended— 

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

16 (A) by striking ‘‘SEC. 29’’ and all that fol17 lows through ‘‘No full-time’’ and inserting the 

18 following: 

19 ‘‘SEC. 29. RESTRICTIONS ON EMPLOYMENT. 

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

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

22 time during the twelve months preceding the 

23 termination of his employment with the Depart24 ment compensated under the Executive Sched25 ule or compensated at or above the annual rate 


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

2 Schedule’’; 

3 (2) in paragraph (1)— 

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

5 advise’’ after ‘‘represent’’; 

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

7 the intent to influence, make’’ and inserting 

8 ‘‘act with the intent to influence, directly or in9 directly, or make’’; and 

10 (C) in the matter following subparagraph 

11 (C)— 

12 (i) by inserting ‘‘inspection or enforce13 ment action,’’ before ‘‘or other particular 

14 matter’’; and 

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

16 (3) in paragraph (2)— 

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

18 advise’’ after ‘‘represent’’; 

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

20 the intent to influence, make’’ and inserting 

21 ‘‘act with the intent to influence, directly or in22 directly, or make’’; and 

23 (C) by striking the period at the end and 

24 inserting ‘‘; or’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(3) during the 2-year period beginning on the 

2 date on which the employment of the officer or em3 ployee ceased at the Department, accept employment 

4 or compensation from any party that has a direct 

5 and substantial interest— 

6 ‘‘(A) that was pending under the official 

7 responsibility of the officer or employee as an 

8 officer at any point during the 2-year period 

9 preceding the date of termination of the respon10 sibility; or 

11 ‘‘(B) in which the officer or employee par12 ticipated personally and substantially as an offi13 cer or employee of the Department. 

14 ‘‘(b) PRIOR DEALINGS.—No full-time officer or em15 ployee of the Department of the Interior who directly or 

16 indirectly discharged duties or responsibilities under this 

17 Act shall participate personally and substantially as a 

18 Federal officer or employee, through decision, approval, 

19 disapproval, recommendation, the rendering of advice, in20 vestigation, or otherwise, in a proceeding, application, re21 quest for a ruling or other determination, contract, claim, 

22 controversy, charge, accusation, inspection, enforcement 

23 action, or other particular matter in which, to the knowl24 edge of the officer or employee— 


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1 ‘‘(1) the officer or employee or the spouse, 

2 minor child, or general partner of the officer or em3 ployee has a financial interest; 

4 ‘‘(2) any organization in which the officer or 

5 employee is serving as an officer, director, trustee, 

6 general partner, or employee has a financial interest; 

7 ‘‘(3) any person or organization with whom the 

8 officer or employee is negotiating or has any ar9 rangement concerning prospective employment has a 

10 financial interest; or 

11 ‘‘(4) any person or organization in which the of12 ficer or employee has, within the preceding 1-year 

13 period, served as an officer, director, trustee, general 

14 partner, agent, attorney, consultant, contractor, or 

15 employee. 

16 ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No full-time 

17 officer or employee of the Department of the Interior who 

18 directly or indirectly discharges duties or responsibilities 

19 under this Act shall, directly or indirectly, solicit or accept 

20 any gift in violation of subpart B of part 2635 of title 

21 5, Code of Federal Regulations (or successor regulations). 

22 ‘‘(d) PENALTY.—Any person that violates subsection 

23 (a) or (b) shall be punished in accordance with section 

24 216 of title 18, United States Code.’’. 


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1 SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS. 

2 (a) REPEAL OF PROVISIONS OF ENERGY POLICY ACT

3 OF 2005.—The following provisions of the Energy Policy 

4 Act of 2005 (Public Law 109–58) are repealed: 

5 (1) Section 344 (42 U.S.C. 15904; relating to 

6 incentives for natural gas production from deep wells 

7 in shallow waters of the Gulf of Mexico). 

8 (2) Section 345 (42 U.S.C. 15905; relating to 

9 royalty relief for deep water production in the Gulf 

10 of Mexico). 

11 (b) REPEAL OF PROVISIONS RELATING TO PLAN12 NING AREAS OFFSHORE ALASKA.—Section 8(a)(3)(B) of 

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

14 1337(a)(3)(B)) is amended by striking ‘‘and in the Plan15 ning Areas offshore Alaska’’. 

16 SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN RE17 QUIREMENTS. 

18 Section 30 of the Outer Continental Shelf Lands Act 

19 (43 U.S.C. 1356) is amended— 

20 (1) in subsection (a), by striking ‘‘shall issue 

21 regulations which’’ and inserting ‘‘shall issue regula22 tions that shall be supplemental to and complemen23 tary with and under no circumstances a substitution 

24 for the provisions of the Constitution and laws of the 

25 United States extended to the subsoil and seabed of 

26 the outer Continental Shelf pursuant to section 


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1 4(a)(1) of this Act, except insofar as such laws 

2 would otherwise apply to individuals who have ex3 traordinary ability in the sciences, arts, education, 

4 or business, which has been demonstrated by sus5 tained national or international acclaim, and that’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(d) BUY AND BUILD AMERICAN.—It is the intention 

9 of the Congress that this Act, among other things, result 

10 in a healthy and growing American industrial, manufac11 turing, transportation, and service sector employing the 

12 vast talents of America’s workforce to assist in the devel13 opment of energy from the outer Continental Shelf. More14 over, the Congress intends to monitor the deployment of 

15 personnel and material on the outer Continental Shelf to 

16 encourage the development of American technology and 

17 manufacturing to enable United States workers to benefit 

18 from this Act by good jobs and careers, as well as the 

19 establishment of important industrial facilities to support 

20 expanded access to American resources.’’. 

21 SEC. 221. COORDINATION AND CONSULTATION WITH AF22 FECTED STATE AND LOCAL GOVERNMENTS. 

23 Section 19 of the Outer Continental Shelf Lands Act 

24 (43 U.S.C. 1345) is amended— 


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1 (1) by inserting ‘‘exploration plan or’’ before 

2 ‘‘development and production plan’’ in each place it 

3 appears; and 

4 (2) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) ACCEPTANCE OR REJECTION OF RECOMMENDA7 TIONS.—The Secretary may accept recommendations of 

8 the Governor and may accept recommendations of the ex9 ecutive of any affected local government if the Secretary 

10 determines, after having provided the opportunity for con11 sultation, that they provide for a reasonable balance be12 tween the national interest and the well-being of the citi13 zens of the affected State. For purposes of this subsection, 

14 a determination of the national interest shall be based on 

15 the desirability of obtaining oil and gas supplies in a bal16 anced manner and on protecting coastal and marine eco17 systems and the economies dependent on those eco18 systems. The Secretary shall provide an explanation to the 

19 Governor, in writing, of the reasons for his determination 

20 to accept or reject such Governor’s recommendations, or 

21 to implement any alternative identified in consultation 

22 with the Governor.’’. 

23 SEC. 222. IMPLEMENTATION. 

24 (a) NEW LEASES.—The provisions of this title and 

25 title VII shall apply to any lease that is issued under the 


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

2 seq.) after the effective date of this Act. 

3 (b) EXISTING LEASES.—For all leases that were 

4 issued under the Outer Continental Shelf Lands Act (43 

5 U.S.C. 1331 et seq.) that are in effect on the effective 

6 date of this Act, the Secretary shall take action, consistent 

7 with the terms of those leases, to apply the requirements 

8 of this title and title VII to those leases. Such action may 

9 include, but is not limited to, promulgating regulations, 

10 renegotiating such existing leases, conditioning future 

11 leases on bringing such existing leases into full or partial 

12 compliance with this title and title VII, or taking any other 

13 actions authorized by law. 

14 SEC. 223. REPORT ON ENVIRONMENTAL BASELINE STUD15 IES. 

16 The Secretary of the Interior shall report to Congress 

17 within 6 months after the date of enactment of this Act 

18 on the costs of baseline environmental studies to gather, 

19 analyze, and characterize resource data necessary to im20 plement the Outer Continental Shelf Lands Act (43 

21 U.S.C. 1331 et seq.). The Secretary shall include in the 

22 report proposals of fees or other ways to recoup such costs 

23 from persons engaging or seeking to engage in activities 

24 on the Outer Continental Shelf to which that Act applies. 


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1 SEC. 224. CUMULATIVE IMPACTS ON MARINE MAMMAL SPE2 CIES AND STOCKS AND SUBSISTENCE USE. 

3 Section 20 of the Outer Continental Shelf Lands Act 

4 (43 U.S.C. 1346) is further amended by adding at the 

5 end the following: 

6 ‘‘(h) CUMULATIVE IMPACTS ON MARINE MAMMAL

7 SPECIES AND STOCKS AND SUBSISTENCE USE.—In deter8 mining, pursuant to subparagraphs (A)(i) and (D)(i) of 

9 section 101(a)(5) of the Marine Mammal Protection Act 

10 of 1972 (16 U.S.C. 1371(a)(5)), whether takings from 

11 specified activities administered under this title will have 

12 a negligible impact on a marine mammal species or stock, 

13 and not have an unmitigable adverse impact on the avail14 ability of such species or stock for taking for subsistence 

15 uses, the Secretary of Commerce or Interior shall incor16 porate any takings of such species or stock from any other 

17 reasonably foreseeable activities administered under this 

18 Act.’’. 

19 SEC. 225. SAVINGS CLAUSE. 

20 Nothing in this Act shall be construed to preempt 

21 regulation by any State or local government of oil and gas 

22 exploration and production wells drilled in State waters, 

23 on State lands, or on private lands within that State pur24 suant to the laws of that State or local government. 


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1 Subtitle B—Royalty Relief for 

2 American Consumers 

3 SEC. 231. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Royalty Relief for 

5 American Consumers Act of 2011’’. 

6 SEC. 232. ELIGIBILITY FOR NEW LEASES AND THE TRANS7 FER OF LEASES. 

8 (a) ISSUANCE OF NEW LEASES.— 

9 (1) IN GENERAL.—The Secretary shall not 

10 issue any new lease that authorizes the production 

11 of oil or natural gas under the Outer Continental 

12 Shelf Lands Act (43 U.S.C. 1331 et seq.) to a per13 son described in paragraph (2) unless the person has 

14 renegotiated each covered lease with respect to which 

15 the person is a lessee, to modify the payment re16 sponsibilities of the person to require the payment of 

17 royalties if the price of oil and natural gas is greater 

18 than or equal to the price thresholds described in 

19 clauses (v) through (vii) of section 8(a)(3)(C) of the 

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

21 1337(a)(3)(C)). 

22 (2) PERSONS DESCRIBED.—A person referred 

23 to in paragraph (1) is a person that— 

24 (A) is a lessee that— 


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1 (i) holds a covered lease on the date 

2 on which the Secretary considers the 

3 issuance of the new lease; or 

4 (ii) was issued a covered lease before 

5 the date of enactment of this Act, but 

6 transferred the covered lease to another 

7 person or entity (including a subsidiary or 

8 affiliate of the lessee) after the date of en9 actment of this Act; or 

10 (B) any other person that has any direct 

11 or indirect interest in, or that derives any ben12 efit from, a covered lease. 

13 (3) MULTIPLE LESSEES.— 

14 (A) IN GENERAL.—For purposes of para15 graph (1), if there are multiple lessees that own 

16 a share of a covered lease, the Secretary may 

17 implement separate agreements with any lessee 

18 with a share of the covered lease that modifies 

19 the payment responsibilities with respect to the 

20 share of the lessee to include price thresholds 

21 that are equal to or less than the price thresh22 olds described in clauses (v) through (vii) of 

23 section 8(a)(3)(C) of the Outer Continental 

24 Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 


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1 (B) TREATMENT OF SHARE AS COVERED

2 LEASE.—Beginning on the effective date of an 

3 agreement under subparagraph (A), any share 

4 subject to the agreement shall not constitute a 

5 covered lease with respect to any lessees that 

6 entered into the agreement. 

7 (b) TRANSFERS.—A lessee or any other person who 

8 has any direct or indirect interest in, or who derives a 

9 benefit from, a lease shall not be eligible to obtain by sale 

10 or other transfer (including through a swap, spinoff, serv11 icing, or other agreement) any covered lease, the economic 

12 benefit of any covered lease, or any other lease for the 

13 production of oil or natural gas in the Gulf of Mexico 

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

15 1331 et seq.), unless the lessee or other person has— 

16 (1) renegotiated each covered lease with respect 

17 to which the lessee or person is a lessee, to modify 

18 the payment responsibilities of the lessee or person 

19 to include price thresholds that are equal to or less 

20 than the price thresholds described in clauses (v) 

21 through (vii) of section 8(a)(3)(C) of the Outer Con22 tinental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); 

23 or 

24 (2) entered into an agreement with the Sec25 retary to modify the terms of all covered leases of 


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1 the lessee or other person to include limitations on 

2 royalty relief based on market prices that are equal 

3 to or less than the price thresholds described in 

4 clauses (v) through (vii) of section 8(a)(3)(C) of the 

5 Outer Continental Shelf Lands Act (43 U.S.C. 

6 1337(a)(3)(C)). 

7 (c) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 

8 Notwithstanding any other provision of law, any amounts 

9 received by the United States as rentals or royalties under 

10 covered leases and not used pursuant to section 321 shall 

11 be deposited in the Treasury and used for Federal budget 

12 deficit reduction or, if there is no Federal budget deficit, 

13 for reducing the Federal debt in such manner as the Sec14 retary of the Treasury considers appropriate. 

15 (d) DEFINITIONS.—In this section— 

16 (1) COVERED LEASE.—The term ‘‘covered 

17 lease’’ means a lease for oil or gas production in the 

18 Gulf of Mexico that is— 

19 (A) in existence on the date of enactment 

20 of this Act; 

21 (B) issued by the Department of the Inte22 rior under section 304 of the Outer Continental 

23 Shelf Deep Water Royalty Relief Act (43 

24 U.S.C. 1337 note; Public Law 104–58); and 


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1 (C) not subject to limitations on royalty re2 lief based on market price that are equal to or 

3 less than the price thresholds described in 

4 clauses (v) through (vii) of section 8(a)(3)(C) of 

5 the Outer Continental Shelf Lands Act (43 

6 U.S.C. 1337(a)(3)(C)). 

7 (2) LESSEE.—The term ‘‘lessee’’ includes any 

8 person or other entity that controls, is controlled by, 

9 or is in or under common control with, a lessee. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 SEC. 233. PRICE THRESHOLDS FOR ROYALTY SUSPENSION 

13 PROVISIONS. 

14 The Secretary of the Interior shall agree to a request 

15 by any lessee to amend any lease issued for any Central 

16 and Western Gulf of Mexico tract in the period of January 

17 1, 1996, through November 28, 2000, to incorporate price 

18 thresholds applicable to royalty suspension provisions, that 

19 are equal to or less than the price thresholds described 

20 in clauses (v) through (vii) of section 8(a)(3)(C) of the 

21 Outer Continental Shelf Lands Act (43 U.S.C. 

22 1337(a)(3)(C)). Any amended lease shall impose the new 

23 or revised price thresholds effective October 1, 2010. Ex24 isting lease provisions shall prevail through September 30, 

25 2010. 


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1 TITLE III—OIL AND GAS 

2 ROYALTY REFORM 

3 SEC. 301. AMENDMENTS TO DEFINITIONS. 

4 Section 3 of the Federal Oil and Gas Royalty Man5 agement Act of 1982 (30 U.S.C. 1702) is amended— 

6 (1) in paragraph (8), by striking the semicolon 

7 and inserting ‘‘including but not limited to the Act 

8 of October 20, 1914 (38 Stat. 741); the Act of Feb9 ruary 25, 1920 (41 Stat. 437); the Act of April 17, 

10 1926 (44 Stat. 301); the Act of February 7, 1927 

11 (44 Stat. 1057); and all Acts heretofore or hereafter 

12 enacted that are amendatory of or supplementary to 

13 any of the foregoing Acts;’’; 

14 (2) in paragraph (20)(A), by striking ‘‘: Pro15 vided, That’’ and all that follows through ‘‘subject of 

16 the judicial proceeding’’; 

17 (3) in paragraph (20)(B), by striking ‘‘(with 

18 written notice to the lessee who designated the des19 ignee)’’; 

20 (4) in paragraph (23)(A), by striking ‘‘(with 

21 written notice to the lessee who designated the des22 ignee)’’; 

23 (5) by striking paragraph (24) and inserting 

24 the following: 


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1 ‘‘(24) ‘designee’ means a person who pays, off2 sets, or credits monies, makes adjustments, requests 

3 and receives refunds, or submits reports with respect 

4 to payments a lessee must make pursuant to section 

5 102(a);’’; 

6 (6) in paragraph (25)(B)— 

7 (A) by striking ‘‘(subject to the provisions 

8 of section 102(a) of this Act)’’; and 

9 (B) in clause (ii) by striking the matter 

10 after subclause (IV) and inserting the following: 

11 ‘‘that arises from or relates to any lease, easement, right12 of-way, permit, or other agreement regardless of form ad13 ministered by the Secretary for, or any mineral leasing 

14 law related to, the exploration, production, and develop15 ment of oil and gas or other energy resource on Federal 

16 lands or the Outer Continental Shelf;’’; 

17 (7) in paragraph (29), by inserting ‘‘or permit’’ 

18 after ‘‘lease’’; and 

19 (8) by striking ‘‘and’’ after the semicolon at the 

20 end of paragraph (32), by striking the period at the 

21 end of paragraph (33) and inserting a semicolon, 

22 and by adding at the end the following new para23 graphs: 

24 ‘‘(34) ‘compliance review’ means a full-scope or 

25 a limited-scope examination of a lessee’s lease acVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 counts to compare one or all elements of the royalty 

2 equation (volume, value, royalty rate, and allow3 ances) against anticipated elements of the royalty 

4 equation to test for variances; and 

5 ‘‘(35) ‘marketing affiliate’ means an affiliate of 

6 a lessee whose function is to acquire the lessee’s pro7 duction and to market that production.’’. 

8 SEC. 302. COMPLIANCE REVIEWS. 

9 Section 101 of the Federal Oil and Gas Royalty Man10 agement Act of 1982 (30 U.S.C. 1711) is amended by 

11 adding at the end the following new subsection: 

12 ‘‘(d) The Secretary may, as an adjunct to audits of 

13 accounts for leases, utilize compliance reviews of accounts. 

14 Such reviews shall not constitute nor substitute for audits 

15 of lease accounts. Any disparity uncovered in such a com16 pliance review shall be immediately referred to a program 

17 auditor. The Secretary shall, before completion of a com18 pliance review, provide notice of the review to designees 

19 whose obligations are the subject of the review.’’. 

20 SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAY21 MENTS. 

22 Section 102(a) of the Federal Oil and Gas Royalty 

23 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

24 to read as follows: 


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1 ‘‘(a) In order to increase receipts and achieve effec2 tive collections of royalty and other payments, a lessee who 

3 is required to make any royalty or other payment under 

4 a lease, easement, right-of-way, permit, or other agree5 ment, regardless of form, or under the mineral leasing 

6 laws, shall make such payment in the time and manner 

7 as may be specified by the Secretary or the applicable dele8 gated State. Any person who pays, offsets, or credits mon9 ies, makes adjustments, requests and receives refunds, or 

10 submits reports with respect to payments the lessee must 

11 make is the lessee’s designee under this Act. Notwith12 standing any other provision of this Act to the contrary, 

13 a designee shall be liable for any payment obligation of 

14 any lessee on whose behalf the designee pays royalty under 

15 the lease. The person owning operating rights in a lease 

16 and a person owning legal record title in a lease shall be 

17 liable for that person’s pro rata share of payment obliga18 tions under the lease.’’. 

19 SEC. 304. REQUIRED RECORDKEEPING. 

20 Section 103(b) of the Federal Oil and Gas Royalty 

21 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

22 by striking ‘‘6’’ and inserting ‘‘7’’. 

23 SEC. 305. FINES AND PENALTIES. 

24 Section 109 of the Federal Oil and Gas Royalty Man25 agement Act of 1982 (30 U.S.C. 1719) is amended— 


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1 (1) in subsection (a) in the matter following 

2 paragraph (2), by striking ‘‘$500’’ and inserting 

3 ‘‘$1,000’’; 

4 (2) in subsection (a)(2)(B), by inserting ‘‘(i)’’ 

5 after ‘‘such person’’, and by striking the period at 

6 the end and inserting ‘‘; and (ii) has not received no7 tice, pursuant to paragraph (1), of more than two 

8 prior violations in the current calendar year.’’; 

9 (3) in subsection (b), by striking ‘‘$5,000’’ and 

10 inserting ‘‘$10,000’’; 

11 (4) in subsection (c)— 

12 (A) in paragraph (2), by striking ‘‘; or’’ 

13 and inserting ‘‘, including any failure or refusal 

14 to promptly tender requested documents;’’; 

15 (B) in the text following paragraph (3)— 

16 (i) by striking ‘‘$10,000’’ and insert17 ing ‘‘$20,000’’; and 

18 (ii) by striking the comma at the end 

19 and inserting a semicolon; and 

20 (C) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(4) knowingly or willfully fails to make any 

23 royalty payment in the amount or value as specified 

24 by statute, regulation, order, or terms of the lease; 

25 or 


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1 ‘‘(5) fails to correctly report and timely provide 

2 operations or financial records necessary for the Sec3 retary or any authorized designee of the Secretary to 

4 accomplish lease management responsibilities,’’; 

5 (5) in subsection (d), by striking ‘‘$25,000’’ 

6 and inserting ‘‘$50,000’’; 

7 (6) in subsection (h), by striking ‘‘by registered 

8 mail’’ and inserting ‘‘a common carrier that provides 

9 proof of delivery’’; and 

10 (7) by adding at the end the following sub11 section: 

12 ‘‘(m)(1) Any determination by the Secretary or a des13 ignee of the Secretary that a person has committed a vio14 lation under subsection (a), (c), or (d)(1) shall toll any 

15 applicable statute of limitations for all oil and gas leases 

16 held or operated by such person, until the later of— 

17 ‘‘(A) the date on which the person corrects the 

18 violation and certifies that all violations of a like na19 ture have been corrected for all of the oil and gas 

20 leases held or operated by such person; or 

21 ‘‘(B) the date a final, nonappealable order has 

22 been issued by the Secretary or a court of competent 

23 jurisdiction. 

24 ‘‘(2) A person determined by the Secretary or a des25 ignee of the Secretary to have violated subsection (a), (c), 


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1 or (d)(1) shall maintain all records with respect to the per2 son’s oil and gas leases until the later of— 

3 ‘‘(A) the date the Secretary releases the person 

4 from the obligation to maintain such records; and 

5 ‘‘(B) the expiration of the period during which 

6 the records must be maintained under section 

7 103(b).’’. 

8 SEC. 306. INTEREST ON OVERPAYMENTS. 

9 Section 111 of the Federal Oil and Gas Royalty Man10 agement Act of 1982 (30 U.S.C. 1721) is amended— 

11 (1) by amending subsections (h) and (i) to read 

12 as follows: 

13 ‘‘(h) Interest shall not be allowed nor paid nor cred14 ited on any overpayment, and no interest shall accrue from 

15 the date such overpayment was made. 

16 ‘‘(i) A lessee or its designee may make a payment 

17 for the approximate amount of royalties (hereinafter in 

18 this subsection referred to as the ‘estimated payment’) 

19 that would otherwise be due for such lease by the date 

20 royalties are due for that lease. When an estimated pay21 ment is made, actual royalties are payable at the end of 

22 the month following the month in which the estimated 

23 payment is made. If the estimated payment was less than 

24 the amount of actual royalties due, interest is owed on 

25 the underpaid amount. If the lessee or its designee makes 


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1 a payment for such actual royalties, the lessee or its des2 ignee may apply the estimated payment to future royal3 ties. Any estimated payment may be adjusted, recouped, 

4 or reinstated by the lessee or its designee provided such 

5 adjustment, recoupment, or reinstatement is made within 

6 the limitation period for which the date royalties were due 

7 for that lease.’’; 

8 (2) by striking subsection (j); and 

9 (3) in subsection (k)(4)— 

10 (A) by striking ‘‘or overpaid royalties and 

11 associated interest’’; and 

12 (B) by striking ‘‘, refunded, or credited’’. 

13 SEC. 307. ADJUSTMENTS AND REFUNDS. 

14 Section 111A of the Federal Oil and Gas Royalty 

15 Management Act of 1982 (30 U.S.C. 1721a) is amend16 ed— 

17 (1) in subsection (a)(3), by inserting ‘‘(A)’’ 

18 after ‘‘(3)’’, and by striking the last sentence and in19 serting the following: 

20 ‘‘(B) Except as provided in subparagraph 

21 (C), no adjustment may be made with respect 

22 to an obligation that is the subject of an audit 

23 or compliance review after completion of the 

24 audit or compliance review, respectively, unless 

25 such adjustment is approved by the Secretary 


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1 or the applicable delegated State, as appro2 priate. 

3 ‘‘(C) If an overpayment is identified during 

4 an audit, the Secretary shall allow a credit in 

5 the amount of the overpayment.’’; 

6 (2) in subsection (a)(4)— 

7 (A) by striking ‘‘six’’ and inserting ‘‘four’’; 

8 and 

9 (B) by striking ‘‘shall’’ the second place it 

10 appears and inserting ‘‘may’’; and 

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

12 the semicolon at the end of subparagraph (C), by 

13 striking the period at the end of subparagraph (D) 

14 and inserting ‘‘; and’’, and by adding at the end the 

15 following: 

16 ‘‘(E) is made within the adjustment period 

17 for that obligation.’’. 

18 SEC. 308. CONFORMING AMENDMENT. 

19 Section 114 of the Federal Oil and Gas Royalty Man20 agement Act of 1982 is repealed. 

21 SEC. 309. OBLIGATION PERIOD. 

22 Section 115(c) of the Federal Oil and Gas Royalty 

23 Management Act of 1982 (30 U.S.C. 1724(c)) is amended 

24 by adding at the end the following new paragraph: 


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1 ‘‘(3) ADJUSTMENTS.—In the case of an adjust2 ment under section 111A(a) in which a recoupment 

3 by the lessee results in an underpayment of an obli4 gation, for purposes of this Act the obligation be5 comes due on the date the lessee or its designee 

6 makes the adjustment.’’. 

7 SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND 

8 SUBPOENAS. 

9 (a) TOLLING AGREEMENTS.—Section 115(d)(1) of 

10 the Federal Oil and Gas Royalty Management Act of 1982 

11 (30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no12 tice to the lessee who designated the designee)’’. 

13 (b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed14 eral Oil and Gas Royalty Management Act of 1982 (30 

15 U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no16 tice to the lessee who designated the designee, which notice 

17 shall not constitute a subpoena to the lessee)’’. 

18 SEC. 311. APPEALS AND FINAL AGENCY ACTION. 

19 Paragraphs (1) and (2) of section 115(h) the Federal 

20 Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 

21 1724(h)) are amended by striking ‘‘33’’ each place it ap22 pears and inserting ‘‘48’’. 

23 SEC. 312. ASSESSMENTS. 

24 Section 116 of the Federal Oil and Gas Royalty Man25 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, such 

14 sums as may be necessary to carry out any duties 

15 or responsibilities related to safety, inspection, and 

16 enforcement authorities provided this Act; and 

17 (2) there shall be available, without further ap18 propriation, $48,000,000 for each of the fiscal years 

19 2012 through 2016 to carry out the functions de20 scribed in section 634. 

21 (b) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 

22 Notwithstanding any other provision of law, any amounts 

23 received by the United States under this title that are not 

24 used in a given calendar year shall be deposited in the 

25 Treasury and used for Federal budget deficit reduction 


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1 or, if there is no Federal budget deficit, for reducing the 

2 Federal debt in such manner as the Secretary of the 

3 Treasury considers appropriate. 

4 TITLE IV—GULF OF MEXICO 

5 RESTORATION 

6 SEC. 401. SHORT TITLE. 

7 This title may be cited as the ‘‘Gulf Coast Restora8 tion Act’’. 

9 SEC. 402. GULF COAST ECOSYSTEM RESTORATION. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CHAIR.—The term ‘‘Chair’’ means the 

12 Chair of the Task Force appointed under subsection 

13 (d)(3). 

14 (2) STATE COASTAL ECOSYSTEM RESTORATION

15 PLAN.—The term ‘‘State Coastal Ecosystem Res16 toration Plan’’ means a plan submitted under sub17 section (c) by a qualifying State to the Task Force. 

18 (3) FUND.—The term ‘‘Fund’’ means the Gulf 

19 Coast Ecosystem Restoration Fund established by 

20 subsection (b)(2)(A). 

21 (4) GOVERNORS.—The term ‘‘Governors’’ 

22 means the Governors of each of the States of Ala23 bama, Florida, Louisiana, Mississippi, and Texas. 

24 (5) GULF COAST ECOSYSTEM.—The term ‘‘Gulf 

25 Coast ecosystem’’ means the coastal zones, as deterVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 mined pursuant to the Coastal Zone Management 

2 Act of 1972 (16 U.S.C. 1451 et seq.), of the States 

3 of Alabama, Florida, Louisiana, Mississippi, and 

4 Texas and adjacent State waters and areas of the 

5 Outer Continental Shelf, adversely impacted by the 

6 blowout and explosion of the mobile offshore drilling 

7 unit Deepwater Horizon that occurred on April 20, 

8 2010, and resulting hydrocarbon releases into the 

9 environment. 

10 (6) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (7) QUALIFYING STATE.—The term ‘‘qualifying 

13 State’’ means each of the States of Alabama, Flor14 ida, Louisiana, Mississippi, and Texas. 

15 (8) TASK FORCE.—The term ‘‘Task Force’’ 

16 means the Gulf Coast Ecosystem Restoration Task 

17 Force established by subsection (d). 

18 (b) GULF COAST ECOSYSTEM RESTORATION.— 

19 (1) IN GENERAL.—In accordance with this sec20 tion, the Chair shall review and approve or dis21 approve State Coastal Ecosystem Restoration Plans 

22 submitted by the Governors that provide for restora23 tion activities with respect to the Gulf Coast eco24 system. 


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1 (2) GULF COAST ECOSYSTEM RESTORATION

2 FUND.— 

3 (A) ESTABLISHMENT.—There is estab4 lished in the Treasury of the United States a 

5 fund to be known as the ‘‘Gulf Coast Eco6 system Restoration Fund’’. 

7 (B) TRANSFERS TO FUND.—Notwith8 standing any other provision of law, the Sec9 retary of the Treasury shall deposit into the 

10 Fund amounts equal to not less than 80 per11 cent of any amounts collected by the United 

12 States as penalties, settlements, or fines under 

13 sections 309 and 311 of the Federal Water Pol14 lution Control Act (33 U.S.C. 1319, 1321) in 

15 relation to the blowout and explosion of the mo16 bile offshore drilling unit Deepwater Horizon 

17 that occurred on April 20, 2010, and resulting 

18 hydrocarbon releases into the environment. 

19 (C) AUTHORIZED USES.—The Fund shall 

20 be available to the Chair for the conservation, 

21 protection, and restoration of the Gulf Coast 

22 ecosystem in accordance with State Coastal 

23 Ecosystem Restoration Plans submitted by the 

24 Governors and approved by the Chair under 

25 this section. 


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1 (3) DISBURSEMENT.—The Chair shall disburse 

2 to each qualifying State for which the Chair has ap3 proved a State Coastal Ecosystem Restoration Plan 

4 under this section such funds as are allocated to the 

5 qualifying State under this section. 

6 (4) USE OF FUNDS BY QUALIFYING STATE.—A 

7 qualifying State shall use all amounts received under 

8 this section, including any amount deposited in a 

9 trust fund that is administered by the State and 

10 dedicated to uses consistent with this section, in ac11 cordance with all applicable Federal and State law, 

12 only for 1 or more of the following purposes: 

13 (A) Projects and activities for the con14 servation, protection, or restoration of coastal 

15 areas, including wetlands. 

16 (B) Mitigation of damage to fish, wildlife, 

17 or natural resources. 

18 (C) Planning assistance and the adminis19 trative costs of complying with this section. 

20 (D) Implementation of a federally ap21 proved marine, coastal, or comprehensive con22 servation management plan. 

23 (c) STATE COASTAL ECOSYSTEM RESTORATION

24 PLAN.— 

25 (1) SUBMISSION OF STATE PLANS.— 


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1 (A) IN GENERAL.—Not later than October 

2 1, 2011, the Governor of a qualifying State 

3 shall submit to the Chair a State Coastal Eco4 system Restoration Plan. 

5 (B) PUBLIC PARTICIPATION.—In carrying 

6 out subparagraph (A), the Governor shall solicit 

7 local input and provide for public participation 

8 in the development of the plan. 

9 (2) APPROVAL.— 

10 (A) IN GENERAL.—The Chair must ap11 prove a plan of a qualifying State submitted 

12 under paragraph (1) before disbursing any 

13 amount to the qualifying State under this sec14 tion. 

15 (B) REQUIRED COMPONENTS.—The Chair 

16 shall approve a plan submitted by a qualifying 

17 State under paragraph (1) if— 

18 (i) the Chair determines that the plan 

19 is consistent with the uses described in 

20 subsection (b); and 

21 (ii) the plan contains— 

22 (I) the name of the State agency 

23 that will have the authority to rep24 resent and act on behalf of the State 


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1 in dealing with the Secretary for pur2 poses of this section; 

3 (II) a program for the implemen4 tation of the plan that describes how 

5 the amounts provided under this sec6 tion to the qualifying State will be 

7 used; and 

8 (III) a certification by the Gov9 ernor that ample opportunity has been 

10 provided for public participation in 

11 the development and revision of the 

12 plan. 

13 (3) AMENDMENTS.—Any amendment to a plan 

14 submitted under paragraph (1) shall be— 

15 (A) developed in accordance with this sub16 section; and 

17 (B) submitted to the Chair for approval or 

18 disapproval under paragraph (4). 

19 (4) PROCEDURE.—Not later than 60 days after 

20 the date on which a plan or amendment to a plan 

21 is submitted under paragraph (1) or (3), respec22 tively, the Chair shall approve or disapprove the plan 

23 or amendment. 

24 (d) GULF COAST ECOSYSTEM RESTORATION TASK

25 FORCE.— 


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1 (1) ESTABLISHMENT.—There is established the 

2 Gulf Coast Ecosystem Restoration Task Force. 

3 (2) MEMBERSHIP.—The Task Force shall con4 sist of the following members, or in the case of a 

5 Federal agency, a designee at the level of Assistant 

6 Secretary or the equivalent: 

7 (A) The Secretary. 

8 (B) The Secretary of Commerce. 

9 (C) The Secretary of the Army. 

10 (D) The Attorney General. 

11 (E) The Secretary of Homeland Security. 

12 (F) The Administrator of the Environ13 mental Protection Agency. 

14 (G) The Commandant of the Coast Guard. 

15 (H) The Secretary of Transportation. 

16 (I) The Secretary of Agriculture. 

17 (J) A representative of each affected In18 dian tribe, appointed by the Secretary based on 

19 the recommendations of the tribal chairman. 

20 (K) Two representatives of each of the 

21 States of Alabama, Florida, Louisiana, Mis22 sissippi, and Texas, appointed by the Governor 

23 of each State, respectively. 

24 (L) Two representatives of local govern25 ment within each of the States of Alabama, 


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1 Florida, Louisiana, Mississippi, and Texas, ap2 pointed by the Governor of each State, respec3 tively. 

4 (3) CHAIR.—The Chair of the Task Force shall 

5 be appointed by the President from among the mem6 bers under paragraph (2) who are Federal officials. 

7 (4) DUTIES OF THE TASK FORCE.—The Task 

8 Force shall— 

9 (A) consult with, and provide recommenda10 tions to, the Chair regarding the approval of 

11 State Coastal Ecosystem Restoration Plans; 

12 (B) coordinate scientific and other re13 search associated with restoration of the Gulf 

14 Coast ecosystem; and 

15 (C) submit an annual report to Congress 

16 that summarizes the State Coastal Ecosystem 

17 Restoration Plans submitted by the Governors 

18 and approved by the Chair. 

19 (5) APPLICATION OF THE FEDERAL ADVISORY

20 COMMITTEE ACT.—The Task Force shall not be con21 sidered an advisory committee under the Federal 

22 Advisory Committee Act (5 U.S.C. App.). 


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1 TITLE V—COORDINATION AND 

2 PLANNING 

3 SEC. 501. REGIONAL COORDINATION. 

4 (a) IN GENERAL.—The purpose of this title is to pro5 mote— 

6 (1) better coordination, communication, and 

7 collaboration between Federal agencies with authori8 ties for ocean, coastal, and Great Lakes manage9 ment; and 

10 (2) coordinated and collaborative regional plan11 ning efforts using the best available science, and to 

12 ensure the protection and maintenance of marine 

13 ecosystem health, in decisions affecting the sustain14 able development and use of Federal renewable and 

15 nonrenewable resources on, in, or above the ocean 

16 (including the Outer Continental Shelf) and the 

17 Great Lakes for the long-term economic and envi18 ronmental benefit of the United States. 

19 (b) OBJECTIVES OF REGIONAL EFFORTS.—Such re20 gional efforts shall achieve the following objectives: 

21 (1) Greater systematic communication and co22 ordination among Federal, coastal State, and af23 fected tribal governments concerned with the con24 servation of and the sustainable development and 


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1 use of Federal renewable and nonrenewable re2 sources of the oceans, coasts, and Great Lakes. 

3 (2) Greater reliance on a multiobjective, 

4 science- and ecosystem-based, spatially explicit man5 agement approach that integrates regional economic, 

6 ecological, affected tribal, and social objectives into 

7 ocean, coastal, and Great Lakes management deci8 sions. 

9 (3) Identification and prioritization of shared 

10 State and Federal ocean, coastal, and Great Lakes 

11 management issues. 

12 (4) Identification of data and information need13 ed by the Regional Coordination Councils established 

14 under section 602. 

15 (c) REGIONS.—There are hereby designated the fol16 lowing Coordination Regions: 

17 (1) PACIFIC REGION.—The Pacific Coordination 

18 Region, which shall consist of the coastal waters and 

19 Exclusive Economic Zone adjacent to the States of 

20 Washington, Oregon, and California. 

21 (2) GULF OF MEXICO REGION.—The Gulf of 

22 Mexico Coordination Region, which shall consist of 

23 the coastal waters and Exclusive Economic Zone ad24 jacent to the States of Texas, Louisiana, Mississippi, 

25 and Alabama, and the west coast of Florida. 


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1 (3) NORTH ATLANTIC REGION.—The North At2 lantic Coordination Region, which shall consist of 

3 the coastal waters and Exclusive Economic Zone ad4 jacent to the States of Maine, New Hampshire, Mas5 sachusetts, Rhode Island, and Connecticut. 

6 (4) MID-ATLANTIC REGION.—The Mid-Atlantic 

7 Coordination Region, which shall consist of the 

8 coastal waters and Exclusive Economic Zone adja9 cent to the States of New York, New Jersey, Penn10 sylvania, Delaware, Maryland, and Virginia. 

11 (5) SOUTH ATLANTIC REGION.—The South At12 lantic Coordination Region, which shall consist of 

13 the coastal waters and Exclusive Economic Zone ad14 jacent to the States of North Carolina, South Caro15 lina, Georgia, the east coast of Florida, and the 

16 Straits of Florida Planning Area. 

17 (6) ALASKA REGION.—The Alaska Coordination 

18 Region, which shall consist of the coastal waters and 

19 Exclusive Economic Zone adjacent to the State of 

20 Alaska. 

21 (7) PACIFIC ISLANDS REGION.—The Pacific Is22 lands Coordination Region, which shall consist of the 

23 coastal waters and Exclusive Economic Zone adja24 cent to the State of Hawaii, the Commonwealth of 


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1 the Northern Mariana Islands, American Samoa, 

2 and Guam. 

3 (8) CARIBBEAN REGION.—The Caribbean Co4 ordination Region, which shall consist of the coastal 

5 waters and Exclusive Economic Zone adjacent to 

6 Puerto Rico and the United States Virgin Islands. 

7 (9) GREAT LAKES REGION.—The Great Lakes 

8 Coordination Region, which shall consist of waters of 

9 the Great Lakes in the States of Illinois, Indiana, 

10 Michigan, Minnesota, New York, Ohio, Pennsyl11 vania, and Wisconsin. 

12 SEC. 502. REGIONAL COORDINATION COUNCILS. 

13 (a) IN GENERAL.—Within 180 days after the date 

14 of enactment of this Act, the Chairman of the Council on 

15 Environmental Quality, in consultation with the affected 

16 coastal States and affected Indian tribes, shall establish 

17 or designate a Regional Coordination Council for each of 

18 the Coordination Regions designated by section 601(c). 

19 (b) MEMBERSHIP.— 

20 (1) FEDERAL REPRESENTATIVES.—Within 90 

21 days after the date of enactment of this Act, the 

22 Chairman of the Council on Environmental Quality 

23 shall publish the titles of the officials of each Fed24 eral agency and department that shall participate in 

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1 tives of each Federal agency and department that 

2 has authorities related to the development of ocean, 

3 coastal, or Great Lakes policies or engages in plan4 ning, management, or scientific activities that sig5 nificantly affect or inform the use of ocean, coastal, 

6 or Great Lakes resources. The Chairman of the 

7 Council on Environmental Quality shall determine 

8 which Federal agency representative shall serve as 

9 the chairperson of each Council. 

10 (2) COASTAL STATE REPRESENTATIVES.— 

11 (A) NOTICE OF INTENT TO PARTICI12 PATE.—The Governor of each coastal State 

13 within each Coordination Region designated by 

14 section 601(c) shall within 3 months after the 

15 date of enactment of this Act, inform the Chair16 man of the Council on Environmental Quality 

17 whether or not the State intends to participate 

18 in the Regional Coordination Council for the 

19 Region. 

20 (B) APPOINTMENT OF RESPONSIBLE

21 STATE OFFICIAL.—If a coastal State intends to 

22 participate in such Council, the Governor of the 

23 coastal State shall appoint an officer or em24 ployee of the coastal State agency with primary 


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1 responsibility for overseeing ocean and coastal 

2 policy or resource management to that Council. 

3 (C) ALASKA REGIONAL COORDINATION

4 COUNCIL.—The Regional Coordination Council 

5 for the Alaska Coordination Region shall in6 clude representation from each of the States of 

7 Alaska, Washington, and Oregon, if appointed 

8 by the Governor of that State in accordance 

9 with this paragraph. 

10 (3) REGIONAL FISHERY MANAGEMENT COUNCIL

11 REPRESENTATION.—A representative of each Re12 gional Fishery Management Council with jurisdiction 

13 in the Coordination Region of a Regional Coordina14 tion Council (who is selected by the Regional Fish15 ery Management Council) and the executive director 

16 of the interstate marine fisheries commission with 

17 jurisdiction in the Coordination Region of a Regional 

18 Coordination Council shall each serve as a member 

19 of the Council. 

20 (4) REGIONAL OCEAN PARTNERSHIP REP21 RESENTATION.—A representative of any Regional 

22 Ocean Partnership that has been established for any 

23 part of the Coordination Region of a Regional Co24 ordination Council may appoint a representative to 


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1 serve on the Council in addition to any Federal or 

2 State appointments. 

3 (5) TRIBAL REPRESENTATION.—An appropriate 

4 tribal official selected by affected Indian tribes situ5 ated in the affected Coordination Region may elect 

6 to appoint a representative of such tribes collectively 

7 to serve as a member of the Regional Coordination 

8 Council for that Region. 

9 (6) LOCAL REPRESENTATION.—The Chairman 

10 of the Council on Environmental Quality shall, in 

11 consultation with the Governors of the coastal States 

12 within each Coordination Region, identify and ap13 point representatives of county and local govern14 ments, as appropriate, to serve as members of the 

15 Regional Coordination Council for that Region. 

16 (c) ADVISORY COMMITTEE.—Each Regional Coordi17 nation Council shall establish advisory committees for the 

18 purposes of public and stakeholder input and scientific ad19 vice, made up of a balanced representation from the en20 ergy, shipping, transportation, commercial and rec21 reational fishing, and recreation industries, from marine 

22 environmental nongovernmental organizations, and from 

23 scientific and educational authorities with expertise in the 

24 conservation and management of ocean, coastal, and 

25 Great Lakes resources to advise the Council during the 


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1 development of Regional Assessments and Regional Stra2 tegic Plans and in its other activities. 

3 (d) COORDINATION WITH EXISTING PROGRAMS.— 

4 Each Regional Coordination Council shall build upon and 

5 complement current State, multistate, and regional capac6 ity and governance and institutional mechanisms to man7 age and protect ocean waters, coastal waters, and ocean 

8 resources. 

9 SEC. 503. REGIONAL STRATEGIC PLANS. 

10 (a) INITIAL REGIONAL ASSESSMENT.— 

11 (1) IN GENERAL.—Each Regional Coordination 

12 Council, shall, within one year after the date of en13 actment of this Act, prepare an initial assessment of 

14 its Coordination Region that shall identify defi15 ciencies in data and information necessary to in16 formed decisionmaking by Federal, State, and af17 fected tribal governments concerned with the con18 servation of and management of the oceans, coasts, 

19 and Great Lakes. Each initial assessment shall to 

20 the extent feasible— 

21 (A) identify the Coordination Region’s re22 newable and non renewable resources, including 

23 current and potential energy resources, except 

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1 nation Council for such Coordination Region 

2 shall only identify the Great Lakes Coordina3 tion Region’s renewable energy resources, in4 cluding current and potential renewable energy 

5 resources; 

6 (B) identify and include a spatially and 

7 temporally explicit inventory of existing and po8 tential uses of the Coordination Region, includ9 ing fishing and fish habitat, recreation, and en10 ergy development; 

11 (C) document the health and relative envi12 ronmental sensitivity of the marine ecosystem 

13 within the Coordination Region, including a 

14 comprehensive survey and status assessment of 

15 species, habitats, and indicators of ecosystem 

16 health; 

17 (D) identify marine habitat types and im18 portant ecological areas within the Coordination 

19 Region; 

20 (E) assess the Coordination Region’s ma21 rine economy and cultural attributes and in22 clude regionally-specific ecological and socio23 economic baseline data; 


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1 (F) identify and prioritize additional sci2 entific and economic data necessary to inform 

3 the development of Strategic Plans; and 

4 (G) include other information to improve 

5 decision making as determined by the Regional 

6 Coordination Council. 

7 (2) DATA.—Each initial assessment shall— 

8 (A) use the best available data; 

9 (B) collect and provide data in a spatially 

10 explicit manner wherever practicable and pro11 vide such data to the interagency comprehensive 

12 digital mapping initiative as described in section 

13 2 of Public Law 109–58 (42 U.S.C. 15801); 

14 and 

15 (C) make publicly available any such data 

16 that is not classified information. 

17 (3) PUBLIC PARTICIPATION.—Each Regional 

18 Coordination Council shall provide adequate oppor19 tunity for review and input by stakeholders and the 

20 general public during the preparation of the initial 

21 assessment and any revised assessments. 

22 (b) REGIONAL STRATEGIC PLANS.— 

23 (1) REQUIREMENT.—Each Regional Coordina24 tion Council shall, within 3 years after the comple25 tion of the initial regional assessment, prepare and 


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1 submit to the Chairman of the Council on Environ2 mental Quality a multiobjective, science- and eco3 system-based, spatially explicit, integrated Strategic 

4 Plan in accordance with this subsection for the 

5 Council’s Coordination Region. 

6 (2) OBJECTIVE AND GOALS.—The objective of 

7 the Strategic Plans under this subsection shall be to 

8 foster comprehensive, integrated, and sustainable de9 velopment and use of ocean, coastal, and Great 

10 Lakes resources, while protecting marine ecosystem 

11 health and sustaining the long-term economic and 

12 ecosystem values of the oceans, coasts, and Great 

13 Lakes. 

14 (3) CONTENTS.—Each Strategic Plan prepared 

15 by a Regional Coordination Council shall— 

16 (A) be based on the initial regional assess17 ment and updates for the Coordination Region 

18 under subsections (a) and (c), respectively; 

19 (B) foster the sustainable and integrated 

20 development and use of ocean, coastal, and 

21 Great Lakes resources in a manner that pro22 tects the health of marine ecosystems; 

23 (C) identify areas with potential for siting 

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1 ered by the Strategic Plan, except for the Stra2 tegic Plan for the Great Lakes Coordination 

3 Region which shall identify only areas with po4 tential for siting and developing renewable en5 ergy resources in the Great Lakes Coordination 

6 Region; 

7 (D) identify other current and potential 

8 uses of the ocean and coastal resources in the 

9 Coordination Region; 

10 (E) identify and recommend long-term 

11 monitoring needs for ecosystem health and so12 cioeconomic variables within the Coordination 

13 Region covered by the Strategic Plan; 

14 (F) identify existing State and Federal 

15 regulating authorities within the Coordination 

16 Region covered by the Strategic Plan and meas17 ures to assist those authorities in carrying out 

18 their responsibilities; 

19 (G) identify best available technologies to 

20 minimize adverse environmental impacts and 

21 use conflicts in the development of ocean and 

22 coastal resources in the Coordination Region; 

23 (H) identify additional research, informa24 tion, and data needed to carry out the Strategic 

25 Plan; 


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1 (I) identify performance measures and 

2 benchmarks for purposes of fulfilling the re3 sponsibilities under this section to be used to 

4 evaluate the Strategic Plan’s effectiveness; 

5 (J) define responsibilities and include an 

6 analysis of the gaps in authority, coordination, 

7 and resources, including funding, that must be 

8 filled in order to fully achieve those perform9 ance measures and benchmarks; and 

10 (K) include such other information at the 

11 Chairman of the Council on Environmental 

12 Quality determines is appropriate. 

13 (4) PUBLIC PARTICIPATION.—Each Regional 

14 Coordination Council shall provide adequate oppor15 tunities for review and input by stakeholders and the 

16 general public during the development of the Stra17 tegic Plan and any Strategic Plan revisions. 

18 (c) UPDATED REGIONAL ASSESSMENTS.—Each Re19 gional Coordination Council shall update the initial re20 gional assessment prepared under subsection (a) in coordi21 nation with each Strategic Plan revision under subsection 

22 (e), to provide more detailed information regarding the re23 quired elements of the assessment and to include any rel24 evant new information that has become available in the 

25 interim. 


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1 (d) REVIEW AND APPROVAL.— 

2 (1) COMMENCEMENT OF REVIEW.—Within 10 

3 days after receipt of a Strategic Plan under this sec4 tion, or any revision to such a Strategic Plan, from 

5 a Regional Coordination Council, the Chairman of 

6 the Council of Environmental Quality shall com7 mence a review of the Strategic Plan or the revised 

8 Strategic Plan, respectively. 

9 (2) PUBLIC NOTICE AND COMMENT.—Imme10 diately after receipt of such a Strategic Plan or revi11 sion, the Chairman of the Council of Environmental 

12 Quality shall publish the Strategic Plan or revision 

13 in the Federal Register and provide an opportunity 

14 for the submission of public comment for a 90-day 

15 period beginning on the date of such publication. 

16 (3) REQUIREMENTS FOR APPROVAL.—Before 

17 approving a Strategic Plan, or any revision to a 

18 Strategic Plan, the Chairman of the Council on En19 vironmental Quality must find that the Strategic 

20 Plan or revision— 

21 (A) complies with subsection (b); and 

22 (B) complies with the purposes of this title 

23 as identified in section 601(a) and the objec24 tives identified in section 601(b). 


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1 (4) DEADLINE FOR COMPLETION.—Within 180 

2 days after the receipt of a Strategic Plan, or a revi3 sion to a Strategic Plan, the Chairman of the Coun4 cil of Environmental Quality shall approve or dis5 approve the Strategic Plan or revision. If the Chair6 man disapproves the Strategic Plan or revision, the 

7 Chairman shall transmit to the Regional Coordina8 tion Council that submitted the Strategic Plan or re9 vision, an identification of the deficiencies and rec10 ommendations to improve it. The Council shall sub11 mit a revised Strategic Plan or revision to such plan 

12 with 180 days after receiving the recommendations 

13 from the Chairman. 

14 (e) PLAN REVISION.—Each Strategic Plan shall be 

15 reviewed and revised by the relevant Regional Coordina16 tion Council at least once every 5 years. Such review and 

17 revision shall be based on the most recently updated re18 gional assessment. Any proposed revisions to the Strategic 

19 Plan shall be submitted to the Chairman of the Council 

20 on Environmental Quality for review and approval pursu21 ant to this section. 

22 SEC. 504. REGULATIONS AND SAVINGS CLAUSE. 

23 (a) REGULATIONS.—The Chairman of the Council on 

24 Environmental Quality may issue such regulations as the 


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1 Chairman considers necessary to implement sections 601 

2 through 603. 

3 (b) SAVINGS CLAUSE.—Nothing in this title shall be 

4 construed to affect existing authorities under Federal law. 

5 SEC. 505. OCEAN RESOURCES CONSERVATION AND ASSIST6 ANCE FUND. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—There is established in the 

9 Treasury of the United States a separate account to 

10 be known as the Ocean Resources Conservation and 

11 Assistance Fund. 

12 (2) CREDITS.—The ORCA Fund shall be cred13 ited with such sums as may be necessary. 

14 (3) ALLOCATION OF THE ORCA FUND.—Of the 

15 amounts appropriated from the ORCA Fund each 

16 fiscal year— 

17 (A) 70 percent shall be allocated to the 

18 Secretary, of which— 

19 (i) one-half shall be used to make 

20 grants to coastal States and affected In21 dian tribes under subsection (b); and 

22 (ii) one-half shall be used for the 

23 ocean, coastal, and Great Lakes grants 

24 program established by subsection (c); 


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1 (B) 20 percent shall be allocated to the 

2 Secretary to carry out the purposes of sub3 section (e); and 

4 (C) 10 percent shall be allocated to the 

5 Secretary to make grants to Regional Ocean 

6 Partnerships under subsection (d) and the Re7 gional Coordination Councils established under 

8 section 602. 

9 (4) PROCEDURES.—The Secretary shall estab10 lish application, review, oversight, financial account11 ability, and performance accountability procedures 

12 for each grant program for which funds are allo13 cated under this subsection. 

14 (b) GRANTS TO COASTAL STATES.— 

15 (1) GRANT AUTHORITY.—The Secretary may 

16 use amounts allocated under subsection 

17 (a)(3)(A)(i)(I) to make grants to— 

18 (A) coastal States pursuant to the formula 

19 established under section 306(c) of the Coastal 

20 Zone Management Act of 1972 (16 U.S.C. 

21 1455(c)); and 

22 (B) affected Indian tribes based on and 

23 proportional to any specific coastal and ocean 

24 management authority granted to an affected 


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1 tribe pursuant to affirmation of a Federal re2 served right. 

3 (2) ELIGIBILITY.—To be eligible to receive a 

4 grant under this subsection, a coastal State or af5 fected Indian tribe must prepare and revise a 5-year 

6 plan and annual work plans that— 

7 (A) demonstrate that activities for which 

8 the coastal State or affected Indian tribe will 

9 use the funds are consistent with the eligible 

10 uses of the Fund described in subsection (f); 

11 and 

12 (B) provide mechanisms to ensure that 

13 funding is made available to government, non14 government, and academic entities to carry out 

15 eligible activities at the county and local level. 

16 (3) APPROVAL OF STATE AND AFFECTED TRIB17 AL PLANS.— 

18 (A) IN GENERAL.—Plans required under 

19 paragraph (2) must be submitted to and ap20 proved by the Secretary. 

21 (B) PUBLIC INPUT AND COMMENT.—In de22 termining whether to approve such plans, the 

23 Secretary shall provide opportunity for, and 

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1 ment on the plans from stakeholders and the 

2 general public. 

3 (4) ENERGY PLANNING GRANTS.—For each of 

4 the fiscal years 2011 through 2015, the Secretary 

5 may use funds allocated for grants under this sub6 section to make grants to coastal States and affected 

7 tribes under section 320 of the Coastal Zone Man8 agement Act of 1972 (16 U.S.C. 1451 et seq.), as 

9 amended by this Act. 

10 (5) USE OF FUNDS.—Any amounts provided as 

11 a grant under this subsection, other than as a 

12 grants under paragraph (4), may only be used for 

13 activities described in subsection (f). 

14 (c) OCEAN AND COASTAL COMPETITIVE GRANTS

15 PROGRAM.— 

16 (1) ESTABLISHMENT.—The Secretary shall use 

17 amounts allocated under subsection (a)(3)(A)(I)(II) 

18 to make competitive grants for conservation and 

19 management of ocean, coastal, and Great Lakes eco20 systems and marine resources. 

21 (2) OCEAN, COASTAL, AND GREAT LAKES RE22 VIEW PANEL.— 

23 (A) IN GENERAL.—The Secretary shall es24 tablish an Ocean, Coastal, and Great Lakes Re25 view Panel (in this subsection referred to as the 


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1 ‘‘Panel’’), which shall consist of 12 members 

2 appointed by the Secretary with expertise in the 

3 conservation and management of ocean, coastal, 

4 and Great Lakes ecosystems and marine re5 sources. In appointing members to the Council, 

6 the Secretary shall include a balanced diversity 

7 of representatives of relevant Federal agencies, 

8 the private sector, nonprofit organizations, and 

9 academia. 

10 (B) FUNCTIONS.—The Panel shall— 

11 (i) review, in accordance with the pro12 cedures and criteria established under 

13 paragraph (3), grant applications under 

14 this subsection; 

15 (ii) make recommendations to the 

16 Secretary regarding which grant applica17 tions should be funded and the amount of 

18 each grant; and 

19 (iii) establish any specific require20 ments, conditions, or limitations on a grant 

21 application recommended for funding. 

22 (3) PROCEDURES AND ELIGIBILITY CRITERIA

23 FOR GRANTS.— 

24 (A) IN GENERAL.—The Secretary shall es25 tablish— 


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1 (i) procedures for applying for a grant 

2 under this subsection and criteria for eval3 uating applications for such grants; and 

4 (ii) criteria, in consultation with the 

5 Panel, to determine what persons are eligi6 ble for grants under the program. 

7 (B) ELIGIBLE PERSONS.—Persons eligible 

8 under the criteria under subparagraph (A)(ii) 

9 shall include Federal, State, affected tribal, and 

10 local agencies, fishery or wildlife management 

11 organizations, nonprofit organizations, and aca12 demic institutions. 

13 (4) APPROVAL OF GRANTS.—In making grants 

14 under this subsection the Secretary shall give the 

15 highest priority to the recommendations of the 

16 Panel. If the Secretary disapproves a grant rec17 ommended by the Panel, the Secretary shall explain 

18 that disapproval in writing. 

19 (5) USE OF GRANT FUNDS.—Any amounts pro20 vided as a grant under this subsection may only be 

21 used for activities described in subsection (f). 

22 (d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 

23 (1) GRANT AUTHORITY.—The Secretary may 

24 use amounts allocated under subsection (a)(3)(A)(iii) 

25 to make grants to Regional Ocean Partnerships. 


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1 (2) ELIGIBILITY.—In order to be eligible to re2 ceive a grant, a Regional Ocean Partnership must 

3 prepare and annually revise a plan that— 

4 (A) identifies regional science and informa5 tion needs, regional goals and priorities, and 

6 mechanisms for facilitating coordinated and col7 laborative responses to regional issues; 

8 (B) establishes a process for coordinating 

9 and collaborating with the Regional Coordina10 tion Councils established under section 602 to 

11 address regional issues and information needs 

12 and achieve regional goals and priorities; and 

13 (C) demonstrates that activities to be car14 ried out with such funds are eligible uses of the 

15 funds identified in subsection (f). 

16 (3) APPROVAL BY SECRETARY.—Such plans 

17 must be submitted to and approved by the Sec18 retary. 

19 (4) PUBLIC INPUT AND COMMENT.—In deter20 mining whether to approve such plans, the Secretary 

21 shall provide opportunity for, and take into consider22 ation, input and comment on the plans from stake23 holders and the general public. 


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1 (5) USE OF FUNDS.—Any amounts provided as 

2 a grant under this subsection may only be used for 

3 activities described in subsection (f). 

4 (e) LONG-TERM OCEAN AND COASTAL OBSERVA5 TIONS.— 

6 (1) IN GENERAL.—The Secretary shall use the 

7 amounts allocated under subsection (a)(3)(A)(ii) to 

8 build, operate, and maintain the system established 

9 under section 12304 of Public Law 111–11 (33 

10 U.S.C. 3603), in accordance with the purposes and 

11 policies for which the system was established. 

12 (2) ADMINISTRATION OF FUNDS.—The Sec13 retary shall administer and distribute funds under 

14 this subsection based upon comprehensive system 

15 budgets adopted by the Council referred to in section 

16 12304(c)(1)(A) of the Integrated Coastal and Ocean 

17 Observation System Act of 2009 (33 U.S.C. 

18 3603(c)(1)(A)). 

19 (f) ELIGIBLE USE OF FUNDS.—Any funds made 

20 available under this section may only be used for activities 

21 that contribute to the conservation, protection, mainte22 nance, and restoration of ocean, coastal, and Great Lakes 

23 ecosystems in a manner that is consistent with Federal 

24 environmental laws and that avoids environmental deg25 radation, including— 


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1 (1) activities to conserve, protect, maintain, and 

2 restore coastal, marine, and Great Lakes ecosystem 

3 health; 

4 (2) activities to protect marine biodiversity and 

5 living marine and coastal resources and their habi6 tats, including fish populations; 

7 (3) the development and implementation of 

8 multiobjective, science- and ecosystem-based plans 

9 for monitoring and managing the wide variety of 

10 uses affecting ocean, coastal, and Great Lakes eco11 systems and resources that consider cumulative im12 pacts and are spatially explicit where appropriate; 

13 (4) activities to improve the resiliency of those 

14 ecosystems; 

15 (5) activities to improve the ability of those eco16 systems to become more resilient, and to adapt to 

17 and withstand the impacts of climate change and 

18 ocean acidification; 

19 (6) planning for and managing coastal develop20 ment to minimize the loss of life and property asso21 ciated with sea level rise and the coastal hazards re22 sulting from it; 

23 (7) research, education, assessment, monitoring, 

24 and dissemination of information that contributes to 

25 the achievement of these purposes; 


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1 (8) research of, protection of, enhancement to, 

2 and activities to improve the resiliency of culturally 

3 significant areas and resources; and 

4 (9) activities designed to rescue, rehabilitate, 

5 and recover injured marine mammals, marine birds, 

6 and sea turtles. 

7 (g) DEFINITIONS.—In this section: 

8 (1) ORCA FUND.—The term ‘‘ORCA Fund’’ 

9 means the Ocean Resources Conservation and As10 sistance Fund established by this section. 

11 (2) SECRETARY.—Notwithstanding section 3, 

12 the term ‘‘Secretary’’ means the Secretary of Com13 merce. 

14 SEC. 506. WAIVER. 

15 The Federal Advisory Committee Act (5 U.S.C. App.) 

16 shall not apply to the Regional Coordination Councils es17 tablished under section 602. 

18 TITLE VI—OIL SPILL ACCOUNT19 ABILITY AND ENVIRON20 MENTAL PROTECTION 

21 SEC. 601. SHORT TITLE. 

22 This title may be cited as the ‘‘Oil Spill Account23 ability and Environmental Protection Act of 2011’’. 


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1 SEC. 602. REPEAL OF AND ADJUSTMENTS TO LIMITATION 

2 ON LIABILITY. 

3 (a) IN GENERAL.—Section 1004 of the Oil Pollution 

4 Act of 1990 (33 U.S.C. 2704) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2) by adding ‘‘and’’ 

7 after the semicolon at the end; 

8 (B) by striking paragraph (3); and 

9 (C) by redesignating paragraph (4) as 

10 paragraph (3); 

11 (2) in subsection (b)(2) by striking the second 

12 sentence; and 

13 (3) by striking subsection (d)(4) and inserting 

14 the following: 

15 ‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 

16 Not later than 3 years after the date of enactment 

17 of the Oil Spill Accountability and Environmental 

18 Protection Act of 2011, and at least once every 3 

19 years thereafter, the President shall review the limits 

20 on liability specified in subsection (a) and shall by 

21 regulation revise such limits upward to reflect either 

22 the amount of liability that the President determines 

23 is commensurate with the risk of discharge of oil 

24 presented by a particular category of vessel, facility, 

25 or port or any increase in the Consumer Price Index, 

26 whichever is greater.’’. 


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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. 603. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 

10 OFFSHORE FACILITIES. 

11 Section 1016 of the Oil Pollution Act of 1990 (33 

12 U.S.C. 2716) is amended— 

13 (1) in subsection (c)(1)— 

14 (A) in subparagraph (B) by striking ‘‘sub15 paragraph (A) is’’ and all that follows before 

16 the period and inserting ‘‘subparagraph (A) is 

17 $300,000,000’’; and 

18 (B) by striking subparagraph (C) and in19 serting the following: 

20 ‘‘(C) ALTERNATE AMOUNT.— 

21 ‘‘(i) SPECIFIC FACILITIES.— 

22 ‘‘(I) IN GENERAL.—If the Presi23 dent determines that an amount of fi24 nancial responsibility for a responsible 

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1 quired by subparagraph (B) is justi2 fied based on the criteria established 

3 under clause (ii), the evidence of fi4 nancial responsibility required shall be 

5 for an amount determined by the 

6 President. 

7 ‘‘(II) MINIMUM AMOUNTS.—In 

8 no case shall the evidence of financial 

9 responsibility required under this sec10 tion be less than— 

11 ‘‘(aa) $105,000,000 for an 

12 offshore facility located seaward 

13 of the seaward boundary of a 

14 State; or 

15 ‘‘(bb) $30,000,000 for an 

16 offshore facility located landward 

17 of the seaward boundary of a 

18 State. 

19 ‘‘(ii) CRITERIA FOR DETERMINATION

20 OF FINANCIAL RESPONSIBILITY.—The 

21 President shall prescribe the amount of fi22 nancial responsibility required under clause 

23 (i)(I) based on the following: 


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1 ‘‘(I) The market capacity of the 

2 insurance industry to issue such in3 struments. 

4 ‘‘(II) The operational risk of a 

5 discharge and the effects of that dis6 charge on the environment and the re7 gion. 

8 ‘‘(III) The quantity and location 

9 of the oil and gas that is explored for, 

10 drilled for, produced, or transported 

11 by the responsible party. 

12 ‘‘(IV) The asset value of the 

13 owner of the offshore facility, includ14 ing the combined asset value of all 

15 partners that own the facility. 

16 ‘‘(V) The cost of all removal 

17 costs and damages for which the 

18 owner may be liable under this Act 

19 based on a worst-case scenario. 

20 ‘‘(VI) The safety history of the 

21 owner of the offshore facility. 

22 ‘‘(VII) Any other factors that the 

23 President considers appropriate. 

24 ‘‘(iii) ADJUSTMENT FOR ALL OFF25 SHORE FACILITIES.— 


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1 ‘‘(I) IN GENERAL.—Not later 

2 than 3 years after the date of enact3 ment of the Oil Spill Accountability 

4 and Environmental Protection Act of 

5 2011, and at least once every 3 years 

6 thereafter, the President shall review 

7 the levels of financial responsibility 

8 specified in this subsection and the 

9 limit on liability specified in sub10 section (f)(4) and may by regulation 

11 revise such levels and limit upward to 

12 the levels and limit that the President 

13 determines are justified based on the 

14 relative operational, environmental, 

15 and other risks posed by the quantity, 

16 quality, or location of oil that is ex17 plored for, drilled for, produced, or 

18 transported by the responsible party. 

19 ‘‘(II) NOTICE TO CONGRESS.— 

20 Upon completion of a review specified 

21 in subclause (I), the President shall 

22 notify Congress as to whether the 

23 President will revise the levels of fi24 nancial responsibility and limit on li25 ability referred to in subclause (I) and 


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1 the factors used in making such deter2 mination.’’; 

3 (2) in subsection (e) by striking ‘‘self-insurer,’’ 

4 and inserting ‘‘self-insurer, participation in coopera5 tive arrangements such as pooling or joint insur6 ance,’’; and 

7 (3) in subsection (f)— 

8 (A) in paragraph (1) by striking ‘‘Subject’’ 

9 and inserting ‘‘Except as provided in paragraph 

10 (4) and subject’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(4) MAXIMUM LIABILITY.—The maximum li13 ability of a guarantor of an offshore facility under 

14 this subsection is $300,000,000.’’. 

15 SEC. 604. DAMAGES TO HUMAN HEALTH. 

16 (a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol17 lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 

18 adding at the end the following: 

19 ‘‘(G) HUMAN HEALTH.— 

20 ‘‘(i) IN GENERAL.—Damages to 

21 human health, including fatal injuries, 

22 which shall be recoverable by any claimant 

23 who has a demonstrable, adverse impact to 

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1 jury to an individual, a claimant filing a 

2 claim on behalf of such individual. 

3 ‘‘(ii) INCLUSION.—For purposes of 

4 clause (i), the term ‘human health’ in5 cludes mental health.’’. 

6 (b) APPLICABILITY.—The amendments made by this 

7 section apply to— 

8 (1) any claim arising from an event occurring 

9 after the date of enactment of this Act; and 

10 (2) any claim arising from an event occurring 

11 before such date of enactment, if the claim is 

12 brought within the limitations period applicable to 

13 the claim. 

14 SEC. 605. CLARIFICATION OF LIABILITY FOR DISCHARGES 

15 FROM MOBILE OFFSHORE DRILLING UNITS. 

16 (a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol17 lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 

18 (1) by striking ‘‘from any incident described in 

19 paragraph (1)’’ and inserting ‘‘from any discharge of 

20 oil, or substantial threat of a discharge of oil, into 

21 or upon the water’’; and 

22 (2) by striking ‘‘liable’’ and inserting ‘‘liable as 

23 described in paragraph (1)’’. 

24 (b) APPLICABILITY.—The amendments made by this 

25 section shall apply to— 


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1 (1) any claim arising from an event occurring 

2 after the date of enactment of this Act; and 

3 (2) any claim arising from an event occurring 

4 before such date of enactment, if the claim is 

5 brought within the limitations period applicable to 

6 the claim. 

7 SEC. 606. STANDARD OF REVIEW FOR DAMAGE ASSESS8 MENT. 

9 Section 1006(e)(2) of the Oil Pollution Act of 1990 

10 (33 U.S.C. 2706(e)(2)) is amended— 

11 (1) in the heading by striking ‘‘REBUTTABLE

12 PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF

13 ASSESSMENTS’’; and 

14 (2) by striking ‘‘have the force and effect’’ and 

15 all that follows before the period and inserting the 

16 following: ‘‘be subject to judicial review under sub17 chapter II of chapter 5 of title 5, United States 

18 Code (commonly known as the Administrative Proce19 dure Act), on the basis of the administrative record 

20 developed by the lead Federal trustee as provided in 

21 such regulations’’. 

22 SEC. 607. PROCEDURES FOR CLAIMS AGAINST FUND; IN23 FORMATION ON CLAIMS. 

24 (a) PROCEDURES FOR CLAIMS AGAINST FUND.— 

25 Section 1013(e) of the Oil Pollution Act of 1990 (33 


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1 U.S.C. 2713(e)) is amended by adding at the end the fol2 lowing: ‘‘In the event of a spill of national significance, 

3 the President may exercise the authorities under this sec4 tion to ensure that the presentation, filing, processing, set5 tlement, and adjudication of claims occurs within the 

6 States and local governments affected by such spill to the 

7 greatest extent practicable.’’. 

8 (b) INFORMATION ON CLAIMS.—Title I of the Oil 

9 Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 

10 by inserting after section 1013 the following: 

11 ‘‘SEC. 1013A. INFORMATION ON CLAIMS. 

12 ‘‘In the event of a spill of national significance, the 

13 President may require a responsible party or a guarantor 

14 of a source designated under section 1014(a) to provide 

15 to the President any information on or related to claims, 

16 either individually, in the aggregate, or both, that the 

17 President requests, including— 

18 ‘‘(1) the transaction date or dates of such 

19 claims, including processing times; and 

20 ‘‘(2) any other data pertaining to such claims 

21 necessary to ensure the performance of the respon22 sible party or the guarantor with regard to the proc23 essing and adjudication of such claims.’’. 

24 (c) CONFORMING AMENDMENT.—The table of con25 tents contained in section 2 of such Act is amended by 


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1 inserting after the item relating to section 1013 the fol2 lowing: 

‘‘Sec. 1013A. Information on claims.’’. 

3 (d) APPLICABILITY.—The amendments made by this 

4 section apply to— 

5 (1) any claim arising from an event occurring 

6 after the date of enactment of this Act; and 

7 (2) any claim arising from an event occurring 

8 before such date of enactment, if the claim is 

9 brought within the limitations period applicable to 

10 the claim. 

11 SEC. 608. ADDITIONAL AMENDMENTS AND CLARIFICATIONS 

12 TO OIL POLLUTION ACT OF 1990. 

13 (a) DEFINITIONS.— 

14 (1) REMOVAL COSTS.—Section 1001(31) of the 

15 Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is 

16 amended by inserting before the semicolon the fol17 lowing: ‘‘and includes all costs of Federal enforce18 ment activities related thereto’’. 

19 (2) RESPONSIBLE PARTY.—Section 

20 1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) 

21 is amended by inserting before ‘‘, except a’’ the fol22 lowing: ‘‘or any person who owns or who has a lease23 hold interest or other property interest in the land 

24 or in the minerals beneath the land on which the fa25 cility is located, and any person who is the assignor 


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1 of a property interest in the land or in the minerals 

2 beneath the land on which the facility is located,’’. 

3 (b) ELEMENTS OF LIABILITY.—Section 

4 1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is 

5 amended by inserting before the semicolon the following: 

6 ‘‘, including all costs of Federal enforcement activities re7 lated thereto’’. 

8 (c) SUBROGATION.—Section 1015(c) of such Act (33 

9 U.S.C. 2715(c)) is amended by adding at the end the fol10 lowing: ‘‘In such actions, the Fund shall recover all costs 

11 and damages paid from the Fund unless the decision to 

12 make the payment is found to be arbitrary or capricious.’’. 

13 (d) FINANCIAL RESPONSIBILITY.—Section 

14 1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amend15 ed— 

16 (1) by inserting ‘‘and’’ at the end of subpara17 graph (A); 

18 (2) by striking ‘‘; and’’ at the end of subpara19 graph (B) and inserting a period; and 

20 (3) by striking subparagraph (C). 

21 (e) CONSIDERATIONS OF TRUSTEES.—Section 

22 1006(d) of such Act (33 U.S.C. 2706(d)) is amended by 

23 adding at the end the following: 

24 ‘‘(4) CONSIDERATIONS OF TRUSTEES.— 


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1 ‘‘(A) EQUAL AND FULL CONSIDERATION.— 

2 Trustees shall— 

3 ‘‘(i) give equal and full consideration 

4 to restoration, rehabilitation, replacement, 

5 and the acquisition of the equivalent of the 

6 natural resources under their trusteeship; 

7 and 

8 ‘‘(ii) consider restoration, rehabilita9 tion, replacement, and the acquisition of 

10 the equivalent of the natural resources 

11 under their trusteeship in a holistic eco12 system context and using, where available, 

13 eco-regional or natural resource plans. 

14 ‘‘(B) SPECIAL RULE ON ACQUISITION.— 

15 Acquisition shall only be given full and equal 

16 consideration under subparagraph (A) if it pro17 vides a substantially greater likelihood of im18 proving the resilience of the lost or damaged re19 source and supports local ecological processes.’’. 

20 (f) APPLICABILITY.—The amendments made by this 

21 section apply to— 

22 (1) any claim arising from an event occurring 

23 after the date of enactment of this Act; and 

24 (2) any claim arising from an event occurring 

25 before such date of enactment, if the claim is 


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1 brought within the limitations period applicable to 

2 the claim. 

3 SEC. 609. AMERICANIZATION OF OFFSHORE OPERATIONS 

4 IN THE EXCLUSIVE ECONOMIC ZONE. 

5 (a) REGISTRY ENDORSEMENT REQUIRED.— 

6 (1) IN GENERAL.—Section 12111 of title 46, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 

10 for activities requiring an endorsement under sections 

11 12112 or 12113, only a vessel for which a certificate of 

12 documentation with a registry endorsement is issued and 

13 that is owned by a citizen of the United States (as deter14 mined under section 50501(d)) may engage in support of 

15 exploration, development, or production of resources in, 

16 on, above, or below the exclusive economic zone or any 

17 other activity in the exclusive economic zone to the extent 

18 that the regulation of such activity is not prohibited under 

19 customary international law.’’. 

20 (2) APPLICABILITY.—The amendment made by 

21 paragraph (1) applies only with respect to explo22 ration, development, production, and support activi23 ties that commence on or after July 1, 2011. 

24 (b) LEGAL AUTHORITY.—Section 2301 of title 46, 

25 United States Code, is amended— 


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1 (1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 

2 and 

3 (2) by inserting after ‘‘1988’’ the following: 

4 ‘‘and the exclusive economic zone to the extent that 

5 the regulation of such operation is not prohibited 

6 under customary international law’’. 

7 (c) TRAINING FOR COAST GUARD PERSONNEL.—Not 

8 later than 180 days after the date of enactment of this 

9 Act, the Secretary of the department in which the Coast 

10 Guard is operating shall establish a program to provide 

11 Coast Guard personnel with the training necessary for the 

12 implementation of the amendments made by this section. 

13 SEC. 610. SAFETY MANAGEMENT SYSTEMS FOR MOBILE 

14 OFFSHORE DRILLING UNITS. 

15 Section 3203 of title 46, United States Code, is 

16 amended— 

17 (1) by redesignating subsections (b) and (c) as 

18 subsections (c) and (d), respectively; and 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 

22 safety management system described in subsection (a) for 

23 a mobile offshore drilling unit operating in waters subject 

24 to the jurisdiction of the United States (including the ex25 clusive economic zone) shall include processes, procedures, 


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1 and policies related to the safe operation and maintenance 

2 of the machinery and systems on board the vessel that 

3 may affect the seaworthiness of the vessel in a worst-case 

4 event.’’. 

5 SEC. 611. SAFETY STANDARDS FOR MOBILE OFFSHORE 

6 DRILLING UNITS. 

7 Section 3306 of title 46, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(l) In prescribing regulations for mobile offshore 

10 drilling units, the Secretary shall develop standards to ad11 dress a worst-case event on the vessel.’’. 

12 SEC. 612. OPERATIONAL CONTROL OF MOBILE OFFSHORE 

13 DRILLING UNITS. 

14 (a) LICENSES FOR MASTERS OF MOBILE OFFSHORE

15 DRILLING UNITS.— 

16 (1) IN GENERAL.—Chapter 71 of title 46, 

17 United States Code, is amended by redesignating 

18 sections 7104 through 7115 as sections 7105 

19 through 7116, respectively, and by inserting after 

20 section 7103 the following: 

21 ‘‘§ 7104. Licenses for masters of mobile offshore drill22 ing units 

23 ‘‘A license as master of a mobile offshore drilling unit 

24 may be issued only to an applicant who has been issued 

25 a license as master under section 7101(c)(1) and has demVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 onstrated the knowledge, understanding, proficiency, and 

2 sea service for all industrial business or functions of a mo3 bile offshore drilling unit.’’. 

4 (2) CONFORMING AMENDMENT.—Section 7109 

5 of such title, as so redesignated, is amended by 

6 striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec7 tion 7107 or 7108’’. 

8 (3) CLERICAL AMENDMENT.—The analysis at 

9 the beginning of such chapter is amended by strik10 ing the items relating to sections 7104 through 7115 

11 and inserting the following: 

‘‘7104. Licenses for masters of mobile offshore drilling units. 

‘‘7105. Certificates for medical doctors and nurses. 

‘‘7106. Oaths. 

‘‘7107. Duration of licenses. 

‘‘7108. Duration of certificates of registry. 

‘‘7109. Termination of licenses and certificates of registry. 

‘‘7110. Review of criminal records. 

‘‘7111. Exhibiting licenses. 

‘‘7112. Oral examinations for licenses. 

‘‘7113. Licenses of masters or mates as pilots. 

‘‘7114. Exemption from draft. 

‘‘7115. Fees. 

‘‘7116. Merchant Mariner Medical Advisory Committee.’’. 

12 (b) REQUIREMENT FOR CERTIFICATE OF INSPEC13 TION.—Section 8101(a)(2) of title 46, United States 

14 Code, is amended by inserting before the semicolon the 

15 following: ‘‘and shall at all times be under the command 

16 of a master licensed under section 7104’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect 6 months after the date of 

19 enactment of this Act. 


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1 SEC. 613. SINGLE-HULL TANKERS. 

2 (a) APPLICATION OF TANK VESSEL CONSTRUCTION

3 STANDARDS.—Section 3703a(b) of title 46, United States 

4 Code, is amended by striking paragraph (3), and redesig5 nating paragraphs (4) through (6) as paragraphs (3) 

6 through (5), respectively. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) takes effect on January 1, 2011. 

9 SEC. 614. REPEAL OF RESPONSE PLAN WAIVER. 

10 Section 311(j)(5)(G) of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— 

12 (1) by striking ‘‘a tank vessel, nontank vessel, 

13 offshore facility, or onshore facility’’ and inserting 

14 ‘‘a nontank vessel’’; 

15 (2) by striking ‘‘tank vessel, nontank vessel, or 

16 facility’’ and inserting ‘‘nontank vessel’’; and 

17 (3) by adding at the end the following: ‘‘A mo18 bile offshore drilling unit, as such term is defined in 

19 section 1001 of the Oil Pollution Act of 1990 (33 

20 U.S.C. 2701), is not eligible to operate without a re21 sponse plan approved under this section.’’. 

22 SEC. 615. NATIONAL CONTINGENCY PLAN. 

23 (a) GUIDELINES FOR CONTAINMENT BOOMS.—Sec24 tion 311(d)(2) of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1321(d)(2)) is amended by adding at the end 

26 the following: 


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1 ‘‘(N) Guidelines regarding the use of con2 tainment booms to contain a discharge of oil or 

3 a hazardous substance, including identification 

4 of quantities of containment booms likely to be 

5 needed, available sources of containment booms, 

6 and best practices for containment boom place7 ment, monitoring, and maintenance.’’. 

8 (b) SCHEDULE, CRITERIA, AND FEES.—Section 

9 311(d) of the Federal Water Pollution Control Act (33 

10 U.S.C. 1321(d)) is amended by adding at the end the fol11 lowing: 

12 ‘‘(5) SCHEDULE FOR USE OF DISPERSANTS, 

13 OTHER CHEMICALS, AND OTHER SPILL MITIGATING

14 DEVICES AND SUBSTANCES.— 

15 ‘‘(A) RULEMAKING.—Not later than 2 

16 years after the date of enactment of this para17 graph, the President, acting through the Ad18 ministrator, after providing notice and an op19 portunity for public comment, shall issue a re20 vised regulation for the development of the 

21 schedule for the use of dispersants, other 

22 chemicals, and other spill mitigating devices 

23 and substances developed under paragraph 

24 (2)(G) in a manner that is consistent with the 

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1 ify the existing schedule to take into account 

2 the requirements of the revised regulation. 

3 ‘‘(B) SCHEDULE LISTING REQUIRE4 MENTS.—In issuing the regulation under sub5 paragraph (A), the Administrator shall— 

6 ‘‘(i) with respect to dispersants, other 

7 chemicals, and other spill mitigating sub8 stances included or proposed to be included 

9 on the schedule under paragraph (2)(G)— 

10 ‘‘(I) establish minimum toxicity 

11 and efficacy testing criteria, taking 

12 into account the results of the study 

13 carried out under subparagraph (D); 

14 ‘‘(II) provide for testing or other 

15 verification (independent from the in16 formation provided by an applicant 

17 seeking the inclusion of such dispers18 ant, chemical, or substance on the 

19 schedule) related to the toxicity and 

20 effectiveness of such dispersant, chem21 ical, or substance; 

22 ‘‘(III) establish a framework for 

23 the application of any such dispersant, 

24 chemical, or substance, including— 

25 ‘‘(aa) application conditions; 


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1 ‘‘(bb) the quantity thresh2 olds for which approval by the 

3 Administrator is required; 

4 ‘‘(cc) the criteria to be used 

5 to develop the appropriate max6 imum quantity of any such dis7 persant, chemical, or substance 

8 that the Administrator deter9 mines may be used, both on a 

10 daily and cumulative basis; and 

11 ‘‘(dd) a ranking, by geo12 graphic area, of any such dis13 persant, chemical, or substance 

14 based on a combination of its ef15 fectiveness for each type of oil 

16 and its level of toxicity; 

17 ‘‘(IV) establish a requirement 

18 that the volume of oil or hazardous 

19 substance discharged, and the volume 

20 and location of any such dispersant, 

21 chemical, or substance used, be meas22 ured and made publicly available, in23 cluding on the Internet; 

24 ‘‘(V) require that an applicant 

25 seeking the inclusion of a dispersant, 


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1 chemical, or substance on the schedule 

2 shall assure that such applicant will 

3 publicly disclose, upon a declaration of 

4 a spill of national significance, the 

5 constituent ingredients of such dis6 persant, chemical, or substance if 

7 such dispersant, chemical, or sub8 stance will be used to respond to the 

9 spill; and 

10 ‘‘(VI) in addition to existing au11 thority, expressly provide a mecha12 nism for the delisting of any such dis13 persant, chemical, or substance that 

14 the Administrator determines poses a 

15 significant risk or impact to water 

16 quality, aquatic life, the environment, 

17 or any other factor the Administrator 

18 determines appropriate; 

19 ‘‘(ii) with respect to a dispersant, 

20 other chemical, and other spill mitigating 

21 substance not specifically identified on the 

22 schedule, and prior to the use of such dis23 persant, chemical, or substance in accord24 ance with paragraph (2)(G)— 


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1 ‘‘(I) establish the minimum tox2 icity and efficacy levels for such dis3 persant, chemical, or substance; 

4 ‘‘(II) require that, upon a dec5 laration of a spill of national signifi6 cance, the constituent ingredients of 

7 such dispersant, chemical, or sub8 stance be publicly disclosed if such 

9 dispersant, chemical, or substance will 

10 be used to respond to the spill; and 

11 ‘‘(III) require the provision of 

12 such additional information as the Ad13 ministrator determines necessary; and 

14 ‘‘(iii) with respect to other spill miti15 gating devices included or proposed to be 

16 included on the schedule under paragraph 

17 (2)(G)— 

18 ‘‘(I) require the manufacturer of 

19 such device to carry out a study of the 

20 risks and effectiveness of the device 

21 according to guidelines developed and 

22 published by the Administrator; and 

23 ‘‘(II) in addition to existing au24 thority, expressly provide a mecha25 nism for the delisting of any such deVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 vice based on any information made 

2 available to the Administrator that 

3 demonstrates that such device poses a 

4 significant risk or impact to water 

5 quality, aquatic life, the environment, 

6 or any other factor the Administrator 

7 determines appropriate. 

8 ‘‘(C) DELISTING.—In carrying out sub9 paragraphs (B)(i)(VI) and (B)(iii)(II), the Ad10 ministrator, after posting a notice in the Fed11 eral Register and providing an opportunity for 

12 public comment, shall initiate a formal review 

13 of the potential risks and impacts associated 

14 with a dispersant, chemical, substance, or de15 vice prior to delisting the dispersant, chemical, 

16 substance, or device. 

17 ‘‘(D) STUDY.— 

18 ‘‘(i) IN GENERAL.—Not later than 3 

19 months after the date of enactment of this 

20 paragraph, the Administrator shall initiate 

21 a study of the potential risks and impacts 

22 to water quality, aquatic life, the environ23 ment, or any other factor the Adminis24 trator determines appropriate, from the 

25 use of dispersants, other chemicals, and 


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1 other spill-mitigating substances, if any, 

2 that may be used to carry out the National 

3 Contingency Plan, including an assessment 

4 of— 

5 ‘‘(I) acute and chronic impacts 

6 resulting from short term and sus7 tained use on marine, coastal, estua8 rine, and freshwater environments; 

9 ‘‘(II) risks and impacts to a rep10 resentative sample of biota from var11 ious ocean depths, including effects on 

12 early life stages such as eggs and lar13 vae; 

14 ‘‘(III) risks and impacts from 

15 any byproducts created from the use 

16 of such dispersants, chemicals, or sub17 stances; and 

18 ‘‘(IV) efficacy on particular types 

19 of oil from locations where such 

20 dispersants, chemicals, or substances 

21 may potentially be used. 

22 ‘‘(ii) INFORMATION FROM MANUFAC23 TURERS.— 

24 ‘‘(I) IN GENERAL.—In conjunc25 tion with the study authorized by 


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1 clause (i), the Administrator shall de2 termine the requirements for manu3 facturers of dispersants, chemicals, or 

4 substances to evaluate the potential 

5 risks and impacts to water quality, 

6 the environment, human and aquatic 

7 health, or any other factor the Admin8 istrator determines appropriate, in9 cluding acute and chronic risks, asso10 ciated with the use of the dispersants, 

11 chemicals, or substances and any by12 products generated by such use and to 

13 provide the details of such evaluation 

14 as a condition for listing on the sched15 ule, or approving for use under this 

16 section, according to guidelines devel17 oped and published by the Adminis18 trator. 

19 ‘‘(II) MINIMUM REQUIREMENTS

20 FOR EVALUATION.—In carrying out 

21 this clause, the Administrator shall re22 quire a manufacturer to include— 

23 ‘‘(aa) information that de24 scribes the potential acute health 

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1 volved in application activities 

2 and who may reasonably be ex3 posed during such activities; 

4 ‘‘(bb) information on the oils 

5 and locations where such 

6 dispersants, chemicals, or sub7 stances may potentially be used; 

8 and 

9 ‘‘(cc) if appropriate, an as10 sessment of impacts from subsea 

11 use of the dispersant, chemical, 

12 or substance, including the po13 tential long-term effects of such 

14 use on water quality, aquatic life, 

15 and the environment. 

16 ‘‘(E) PERIODIC REVISIONS.— 

17 ‘‘(i) IN GENERAL.—Not later than 5 

18 years after the date of the issuance of the 

19 regulation under this paragraph, and at 

20 least once every 5 years thereafter, the Ad21 ministrator shall review the schedule for 

22 the use of dispersants, other chemicals, 

23 and other spill mitigating devices and sub24 stances that may be used to carry out the 

25 National Contingency Plan and update or 


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1 revise the schedule, as necessary, to ensure 

2 the protection of water quality, aquatic 

3 life, the environment, and any other factor 

4 the Administrator determines appropriate. 

5 ‘‘(ii) EFFECTIVENESS.—The Adminis6 trator shall ensure, to the maximum extent 

7 practicable, that each update or revision to 

8 the schedule increases the effectiveness and 

9 decreases the toxicity values necessary for 

10 listing a dispersant, other chemical, or 

11 other spill mitigating device or substance 

12 on the schedule. 

13 ‘‘(F) APPROVAL OF USE AND APPLICATION

14 OF DISPERSANTS.— 

15 ‘‘(i) IN GENERAL.—In issuing the reg16 ulation under subparagraph (A), the Ad17 ministrator shall require the approval of 

18 the Federal On-Scene Coordinator, in co19 ordination with the Administrator, for all 

20 uses of a dispersant, other chemical, or 

21 other spill mitigating substance in any re22 moval action, including— 

23 ‘‘(I) any such dispersant, chem24 ical, or substance that is included on 


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1 the schedule developed pursuant to 

2 this subsection; or 

3 ‘‘(II) any dispersant, chemical, or 

4 other substance that is included as 

5 part of an approved area contingency 

6 plan or response plan developed under 

7 this section. 

8 ‘‘(ii) REPEAL.—Any part of section 

9 300.910 of title 40, Code of Federal Regu10 lations, that is inconsistent with this para11 graph is hereby repealed. 

12 ‘‘(G) TOXICITY DEFINITION.—In this sec13 tion, the term ‘toxicity’ is used in reference to 

14 the potential impacts of a dispersant, sub15 stance, or device on water quality, organismal 

16 health, or the environment. 

17 ‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI18 TERIA FOR EVALUATING RESPONSE PLANS.— 

19 ‘‘(A) REVIEW.—Not later than 6 months 

20 after the date of enactment of this paragraph, 

21 the President shall review the procedures and 

22 standards developed under paragraph (2)(J) to 

23 determine their sufficiency in ceasing and re24 moving a worst case discharge of oil or haz25 ardous substances, and for mitigating or preVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 venting a substantial threat of such a dis2 charge. 

3 ‘‘(B) RULEMAKING.—Not later than 2 

4 years after the date of enactment of this para5 graph, the President, after providing notice and 

6 an opportunity for public comment, shall issue 

7 a final rule to— 

8 ‘‘(i) revise the procedures and stand9 ards for ceasing and removing a worst case 

10 discharge of oil or hazardous substances, 

11 and for mitigating or preventing a substan12 tial threat of such a discharge; and 

13 ‘‘(ii) develop a metric for the periodic 

14 evaluation and, as necessary, revision, of 

15 the National Contingency Plan, Area Con16 tingency Plans, and tank vessel, nontank 

17 vessel, and facility response plans con18 sistent with the procedures and standards 

19 developed pursuant to this paragraph. 

20 ‘‘(C) USE OF WORST-CASE SCENARIO DIS21 CHARGE ESTIMATES.—In carrying out the ac22 tivities required under this paragraph, the 

23 President shall use the worst-case scenario dis24 charge estimates published by the Secretary 

25 under section 208(a) of the Implementing the 


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1 Recommendations of the BP Oil Spill Commis2 sion Act of 2011as a basis for assessing the 

3 sufficiency of the procedures and standards de4 veloped under paragraph (2)(J). 

5 ‘‘(7) FEES.— 

6 ‘‘(A) GENERAL AUTHORITY AND FEES.— 

7 Subject to subparagraph (B), the Administrator 

8 shall establish a schedule of fees to be collected 

9 from the manufacturer of a dispersant, chem10 ical, or spill mitigating substance or device to 

11 offset the costs of the Administrator associated 

12 with evaluating the use of the dispersant, chem13 ical, substance, or device in accordance with 

14 this subsection and listing the dispersant, chem15 ical, substance, or device on the schedule under 

16 paragraph (2)(G). 

17 ‘‘(B) LIMITATION ON COLLECTION.—No 

18 fee may be collected under this subsection un19 less the expenditure of the fee to pay the costs 

20 of activities and services for which the fee is im21 posed is provided for in advance in an appro22 priations Act. 

23 ‘‘(C) FEES CREDITED AS OFFSETTING

24 COLLECTIONS.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 section 3302 of title 31, United States 

3 Code, any fee authorized to be collected 

4 under this paragraph shall— 

5 ‘‘(I) be credited as offsetting col6 lections to the account that finances 

7 the activities and services for which 

8 the fee is imposed; 

9 ‘‘(II) be available for expenditure 

10 only to pay the costs of activities and 

11 services for which the fee is imposed, 

12 including all costs associated with col13 lecting such fees; and 

14 ‘‘(III) remain available until ex15 pended. 

16 ‘‘(ii) CONTINUING APPROPRIATIONS.— 

17 The Administrator may continue to assess, 

18 collect, and spend fees established under 

19 this section during any period in which the 

20 funding for the Environmental Protection 

21 Agency is provided under an Act providing 

22 continuing appropriations in lieu of the 

23 Administration’s regular appropriations. 

24 ‘‘(iii) ADJUSTMENTS.—The Adminis25 trator shall adjust the fees established by 


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1 subparagraph (A) periodically to ensure 

2 that each of the fees required by subpara3 graph (A) is reasonably related to the Ad4 ministration’s costs, as determined by the 

5 Administrator, of performing the activity 

6 for which the fee is imposed.’’. 

7 (c) INCLUSION OF CONTAINMENT BOOMS IN AREA

8 CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 

9 Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 

10 ‘‘(including firefighting equipment)’’ and inserting ‘‘(in11 cluding firefighting equipment and containment booms)’’. 

12 SEC. 616. TRACKING DATABASE. 

13 Section 311(b) of the Federal Water Pollution Con14 trol Act (33 U.S.C. 1321(b)) is amended by adding at the 

15 end the following: 

16 ‘‘(13) TRACKING DATABASE.— 

17 ‘‘(A) IN GENERAL.—The President shall 

18 create a database to track all discharges of oil 

19 or hazardous substances— 

20 ‘‘(i) into the waters of the United 

21 States, onto adjoining shorelines, or into or 

22 upon the waters of the contiguous zone; 

23 ‘‘(ii) in connection with activities 

24 under the Outer Continental Shelf Lands 

25 Act (43 U.S.C. 1331 et seq.) or the DeepVerDate Mar 15 2010 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 water Port Act of 1974 (33 U.S.C. 1501 

2 et seq.); or 

3 ‘‘(iii) which may affect natural re4 sources belonging to, appertaining to, or 

5 under the exclusive management authority 

6 of the United States (including resources 

7 under the Fishery Conservation and Man8 agement Act of 1976 (16 U.S.C. 1801 et 

9 seq.)). 

10 ‘‘(B) REQUIREMENTS.—The database 

11 shall— 

12 ‘‘(i) include— 

13 ‘‘(I) the name of the vessel or fa14 cility; 

15 ‘‘(II) the name of the owner, op16 erator, or person in charge of the ves17 sel or facility; 

18 ‘‘(III) the date of the discharge; 

19 ‘‘(IV) the volume of the dis20 charge; 

21 ‘‘(V) the location of the dis22 charge, including an identification of 

23 any receiving waters that are or could 

24 be affected by the discharge; 


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1 ‘‘(VI) the type, volume, and loca2 tion of the use of any dispersant, 

3 other chemical, or other spill miti4 gating substance used in any removal 

5 action; 

6 ‘‘(VII) a record of any deter7 mination of a violation of this section 

8 or liability under section 1002 of the 

9 Oil Pollution Act of 1990 (33 U.S.C. 

10 2702); 

11 ‘‘(VIII) a record of any enforce12 ment action taken against the owner, 

13 operator, or person in charge; and 

14 ‘‘(IX) any additional information 

15 that the President determines nec16 essary; 

17 ‘‘(ii) use data provided by the Envi18 ronmental Protection Agency, the Coast 

19 Guard, and other appropriate Federal 

20 agencies; 

21 ‘‘(iii) use data protocols developed and 

22 managed by the Environmental Protection 

23 Agency; and 

24 ‘‘(iv) be publicly accessible, including 

25 by electronic means.’’. 


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1 SEC. 617. EVALUATION AND APPROVAL OF RESPONSE 

2 PLANS; MAXIMUM PENALTIES. 

3 (a) AGENCY REVIEW OF RESPONSE PLANS.— 

4 (1) LEAD FEDERAL AGENCY FOR REVIEW OF

5 RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed6 eral Water Pollution Control Act (33 U.S.C. 

7 1321(j)(5)(A)) is amended by adding at the end the 

8 following: 

9 ‘‘(iii) In issuing the regulations under this para10 graph, the President shall ensure that— 

11 ‘‘(I) the owner, operator, or person in 

12 charge of a tank vessel, nontank vessel, or off13 shore facility described in subparagraph (C) will 

14 not be considered to have complied with this 

15 paragraph until the owner, operator, or person 

16 in charge submits a plan under clause (i) or 

17 (ii), as appropriate, to the Secretary of the de18 partment in which the Coast Guard is oper19 ating, the Secretary of the Interior, or the Ad20 ministrator, with respect to such offshore facili21 ties as the President may designate, and the 

22 Secretary or Administrator, as appropriate, de23 termines and notifies the owner, operator, or 

24 person in charge that the plan, if implemented, 

25 will provide an adequate response to a worst 


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1 case discharge of oil or a hazardous substance 

2 or a substantial threat of such a discharge; and 

3 ‘‘(II) the owner, operator, or person in 

4 charge of an onshore facility described in sub5 paragraph (C)(iv) will not be considered to have 

6 complied with this paragraph until the owner, 

7 operator, or person in charge submits a plan 

8 under clause (i) either to the Secretary of 

9 Transportation, with respect to transportation10 related onshore facilities, or the Administrator, 

11 with respect to all other onshore facilities, and 

12 the Secretary or Administrator, as appropriate, 

13 determines and notifies the owner, operator, or 

14 person in charge that the plan, if implemented, 

15 will provide an adequate response to a worst16 case discharge of oil or a hazardous substance 

17 or a substantial threat of such a discharge. 

18 ‘‘(iv)(I) The Secretary of the department in 

19 which the Coast Guard is operating, the Secretary of 

20 the Interior, the Secretary of Transportation, or the 

21 Administrator, as appropriate, shall require that a 

22 plan submitted to the Secretary or Administrator for 

23 a vessel or facility under clause (iii)(I) or (iii)(II) by 

24 an owner, operator, or person in charge— 


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1 ‘‘(aa) contain a probabilistic risk analysis 

2 for all critical engineered systems of the vessel 

3 or facility; and 

4 ‘‘(bb) adequately address all risks identi5 fied in the risk analysis. 

6 ‘‘(II) The Secretary or Administrator, as appro7 priate, shall require that a risk analysis developed 

8 under subclause (I) include, at a minimum, the fol9 lowing: 

10 ‘‘(aa) An analysis of human factors risks, 

11 including both organizational and management 

12 failure risks. 

13 ‘‘(bb) An analysis of technical failure risks, 

14 including both component technologies and inte15 grated systems risks. 

16 ‘‘(cc) An analysis of interactions between 

17 humans and critical engineered systems. 

18 ‘‘(dd) Quantification of the likelihood of 

19 modes of failure and potential consequences. 

20 ‘‘(ee) A description of methods for reduc21 ing known risks. 

22 ‘‘(III) The Secretary or Administrator, as ap23 propriate, shall require an owner, operator, or per24 son in charge that develops a risk analysis under 


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1 subclause (I) to make the risk analysis available to 

2 the public.’’. 

3 (2) REVIEW AND APPROVAL OF RESPONSE

4 PLANS.—Section 311(j)(5)(E) of such Act (33 

5 U.S.C. 1321(j)(5)(E)) is amended to read as follows: 

6 ‘‘(E) With respect to any response plan sub7 mitted under this paragraph for an onshore facility 

8 that, because of its location, could reasonably be ex9 pected to cause significant and substantial harm to 

10 the environment by discharging into or on the navi11 gable waters or adjoining shorelines or the exclusive 

12 economic zone, and with respect to each response 

13 plan submitted under this paragraph for a tank ves14 sel, nontank vessel, or offshore facility, the President 

15 shall— 

16 ‘‘(i) promptly review the response plan; 

17 ‘‘(ii) verify that the response plan complies 

18 with subparagraph (A)(iv), relating to risk anal19 yses; 

20 ‘‘(iii) with respect to a plan for an offshore 

21 or onshore facility or a tank vessel that carries 

22 liquefied natural gas, provide an opportunity for 

23 public notice and comment on the response 

24 plan; 


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1 ‘‘(iv) taking into consideration any public 

2 comments received and other appropriate fac3 tors, as determined by the President, require 

4 revisions to the response plan; 

5 ‘‘(v) approve, approve with revisions, or 

6 disapprove the response plan; 

7 ‘‘(vi) review the response plan periodically 

8 thereafter, and if applicable requirements are 

9 not met, acting through the head of the appro10 priate Federal department or agency— 

11 ‘‘(I) issue administrative orders di12 recting the owner, operator, or person in 

13 charge to comply with the response plan or 

14 any regulation issued under this section; or 

15 ‘‘(II) assess civil penalties or conduct 

16 other appropriate enforcement actions in 

17 accordance with subsections (b)(6), (b)(7), 

18 and (b)(8) for failure to develop, submit, 

19 receive approval of, adhere to, or maintain 

20 the capability to implement the response 

21 plan, or failure to comply with any other 

22 requirement of this section; 

23 ‘‘(vii) acting through the head of the ap24 propriate Federal department or agency, con25 duct, at a minimum, biennial inspections of the 


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1 tank vessel, nontank vessel, or facility to ensure 

2 compliance with the response plan or identify 

3 deficiencies in such plan; 

4 ‘‘(viii) acting through the head of the ap5 propriate Federal department or agency, make 

6 the response plan available to the public, includ7 ing on the Internet; and 

8 ‘‘(ix) in the case of a plan for a nontank 

9 vessel, consider any applicable State-mandated 

10 response plan in effect on the date of enactment 

11 of the Coast Guard and Maritime Transpor12 tation Act of 2004 and ensure consistency to 

13 the extent practicable.’’. 

14 (3) BIENNIAL REPORT.—Section 311(j)(5) of 

15 such Act (33 U.S.C. 1321(j)(5)) is amended by add16 ing at the end the following: 

17 ‘‘(J) Not later than 2 years after the date of 

18 enactment of this subparagraph, and biennially 

19 thereafter, the President, acting through the Admin20 istrator, the Secretary of the department in which 

21 the Coast Guard is operating, and the Secretary of 

22 Transportation, shall submit to Congress a report 

23 containing the following information for each owner, 

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1 sponse plan for a tank vessel, nontank vessel, or fa2 cility under this paragraph: 

3 ‘‘(i) The number of response plans ap4 proved, disapproved, or approved with revisions 

5 under subparagraph (E) annually for tank ves6 sels, nontank vessels, and facilities of the 

7 owner, operator, or person in charge. 

8 ‘‘(ii) The number of inspections conducted 

9 under subparagraph (E) annually for tank ves10 sels, nontank vessels, and facilities of the 

11 owner, operator, or person in charge. 

12 ‘‘(iii) A summary of each administrative or 

13 enforcement action concluded with respect each 

14 tank vessel, nontank vessel, and facility of the 

15 owner, operator, or person in charge, including 

16 a description of the violation, the date of viola17 tion, the amount of each penalty proposed, and 

18 the final assessment of each penalty and an ex19 planation for any reduction in a penalty.’’. 

20 (4) ADMINISTRATIVE PROVISIONS FOR FACILI21 TIES.—Section 311(m)(2) of such Act (33 U.S.C. 

22 1321(m)(2)) is amended in each of subparagraphs 

23 (A) and (B) by inserting ‘‘, the Secretary of Trans24 portation,’’ before ‘‘or the Secretary of the depart25 ment in which the Coast Guard is operating’’. 


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1 (b) PENALTIES.— 

2 (1) ADMINISTRATIVE PENALTIES.— 

3 (A) AUTHORITY OF SECRETARY OF TRANS4 PORTATION TO ASSESS PENALTIES.—Section 

5 311(b)(6)(A) of such Act (33 U.S.C. 

6 1321(b)(6)(A)) is amended by inserting ‘‘, the 

7 Secretary of Transportation,’’ before ‘‘or the 

8 Administrator’’. 

9 (B) ADMINISTRATIVE PENALTIES FOR

10 FAILURE TO PROVIDE NOTICE.—Section 

11 311(b)(6)(A) of such Act (33 U.S.C. 

12 1321(b)(6)(A)) is further amended— 

13 (i) in clause (i) by striking ‘‘para14 graph (3), or’’ and inserting ‘‘paragraph 

15 (3),’’; 

16 (ii) in clause (ii) by striking ‘‘any reg17 ulation issued under subsection (j)’’ and 

18 inserting ‘‘any order or action required by 

19 the President under subsection (c) or (e) 

20 or any regulation issued under subsection 

21 (d) or (j)’’; 

22 (iii) by redesignating clause (ii) as 

23 clause (iii); 

24 (iv) by inserting after clause (i) the 

25 following: 


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1 ‘‘(ii) who fails to provide notice to the 

2 appropriate Federal agency pursuant to 

3 paragraph (5), or’’; and 

4 (v) by adding at the end the following: 

5 ‘‘Whenever the President delegates the au6 thority to issue regulations under sub7 section (j), the head of the agency who 

8 issues regulations pursuant to that author9 ity shall have the authority to assess a civil 

10 penalty in accordance with this section for 

11 violations of such regulations.’’. 

12 (C) PENALTY AMOUNTS.—Section 

13 311(b)(6)(B) of such Act (33 U.S.C. 

14 1321(b)(6)(B)) is amended— 

15 (i) in clause (i)— 

16 (I) by striking ‘‘$10,000’’ and in17 serting ‘‘$100,000’’; and 

18 (II) by striking ‘‘$25,000’’ and 

19 inserting ‘‘$250,000’’; and 

20 (ii) in clause (ii)— 

21 (I) by striking ‘‘$10,000’’ and in22 serting ‘‘$100,000’’; and 

23 (II) by striking ‘‘$125,000’’ and 

24 inserting ‘‘$1,000,000’’. 


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1 (2) CIVIL PENALTIES.—Section 311(b)(7) of 

2 such Act (33 U.S.C. 1321(b)(7)) is amended— 

3 (A) in subparagraph (A)— 

4 (i) by striking ‘‘$25,000’’ and insert5 ing ‘‘$100,000’’; and 

6 (ii) by striking ‘‘$1,000’’ and insert7 ing ‘‘$2,500’’; 

8 (B) in subparagraph (B)— 

9 (i) by striking ‘‘described in subpara10 graph (A)’’; 

11 (ii) in clause (i) by striking ‘‘carry out 

12 removal of the discharge under an order of 

13 the President pursuant to subsection (c); 

14 or’’ and inserting ‘‘comply with any order 

15 or action required by the President pursu16 ant to subsection (c),’’; 

17 (iii) in clause (ii) by striking 

18 ‘‘(1)(B)’’; 

19 (iv) by redesignating clause (ii) as 

20 clause (iii); 

21 (v) by inserting after clause (i) the 

22 following: 

23 ‘‘(ii) fails to provide notice to the ap24 propriate Federal agency pursuant to para25 graph (5), or’’; and 


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1 (vi) by striking ‘‘$25,000’’ and insert2 ing ‘‘$100,000’’; 

3 (C) in subparagraph (C)— 

4 (i) by striking ‘‘(j)’’ and inserting ‘‘(d) 

5 or (j)’’; 

6 (ii) by striking ‘‘$25,000’’ and insert7 ing ‘‘$100,000’’; and 

8 (iii) by adding at the end the fol9 lowing: ‘‘Whenever the President delegates 

10 the authority to issue regulations under 

11 subsection (j), the head of the agency who 

12 issues regulations pursuant to that author13 ity shall have the authority to seek injunc14 tive relief or assess a civil penalty in ac15 cordance with this section for violations of 

16 such regulations and the authority to refer 

17 the matter to the Attorney General for ac18 tion under subparagraph (E).’’; 

19 (D) in subparagraph (D)— 

20 (i) by striking ‘‘$100,000’’ and insert21 ing ‘‘$300,000’’; and 

22 (ii) by striking ‘‘$3,000’’ and insert23 ing ‘‘$7,500’’; and 

24 (E) in subparagraph (E) by adding at the 

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1 propriate relief, including a temporary or per2 manent injunction, civil penalties, and punitive 

3 damages.’’. 

4 (3) APPLICABILITY.—The amendments made 

5 by this subsection apply to— 

6 (A) any claim arising from an event occur7 ring after the date of enactment of this Act; 

8 and 

9 (B) any claim arising from an event occur10 ring before such date of enactment, if the claim 

11 is brought within the limitations period applica12 ble to the claim. 

13 (c) CLARIFICATION OF FEDERAL REMOVAL AUTHOR14 ITY.—Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 

15 1321(c)(1)(B)(ii)) is amended by striking ‘‘direct’’ and in16 serting ‘‘direct, including through the use of an adminis17 trative order,’’. 

18 SEC. 618. OIL AND HAZARDOUS SUBSTANCE CLEANUP 

19 TECHNOLOGIES. 

20 Section 311(j) of the Federal Water Pollution Control 

21 Act (33 U.S.C. 1321(j)) is amended by adding at the end 

22 the following: 

23 ‘‘(9) OIL AND HAZARDOUS SUBSTANCE CLEAN24 UP TECHNOLOGIES.—The President, acting through 


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1 the Secretary of the department in which the Coast 

2 Guard is operating, shall— 

3 ‘‘(A) in coordination with the Secretary of 

4 the Interior and the heads of other appropriate 

5 Federal agencies, establish a process for— 

6 ‘‘(i) quickly and effectively soliciting, 

7 assessing, and deploying offshore oil and 

8 hazardous substance cleanup technologies 

9 in the event of a discharge or substantial 

10 threat of a discharge of oil or a hazardous 

11 substance; and 

12 ‘‘(ii) effectively coordinating with 

13 other appropriate agencies, industry, aca14 demia, small businesses, and others to en15 sure the best technology available is imple16 mented in the event of such a discharge or 

17 threat; and 

18 ‘‘(B) in coordination with the Secretary of 

19 the Interior and the heads of other appropriate 

20 Federal agencies, maintain a database on best 

21 available oil and hazardous substance cleanup 

22 technologies in the event of a discharge or sub23 stantial threat of a discharge of oil or a haz24 ardous substance.’’. 


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1 SEC. 619. IMPLEMENTATION OF OIL SPILL PREVENTION 

2 AND RESPONSE AUTHORITIES. 

3 Section 311(l) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1321(l)) is amended— 

5 (1) by striking ‘‘(l) The President’’ and insert6 ing the following: 

7 ‘‘(l) DELEGATION AND IMPLEMENTATION.— 

8 ‘‘(1) DELEGATION.—The President’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 

11 ‘‘(A) IN GENERAL.—The President shall 

12 delegate the responsibilities under subparagraph 

13 (B) to the Administrator. 

14 ‘‘(B) RESPONSIBILITIES.—With respect to 

15 onshore facilities (other than transportation-re16 lated facilities) and such offshore facilities as 

17 the President may designate, the Administrator 

18 shall ensure that Environmental Protection 

19 Agency personnel develop and maintain oper20 ational capability— 

21 ‘‘(i) for effective inspection, moni22 toring, prevention, preparedness, and re23 sponse authorities related to the discharge 

24 or substantial threat of a discharge of oil 

25 or a hazardous substance; 


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1 ‘‘(ii) to protect water quality and the 

2 environment from impacts of a discharge 

3 or substantial threat of a discharge of oil 

4 or a hazardous substance; and 

5 ‘‘(iii) to review and approve of, dis6 approve of, or require revisions (if nec7 essary) to facility response plans and to 

8 carry out all other responsibilities under 

9 subsection (j)(5)(E). 

10 ‘‘(3) COAST GUARD.— 

11 ‘‘(A) IN GENERAL.—The President shall 

12 delegate the responsibilities under subparagraph 

13 (B) to the Secretary of the department in which 

14 the Coast Guard is operating. 

15 ‘‘(B) RESPONSIBILITIES.—The Secretary 

16 shall ensure that Coast Guard personnel de17 velop and maintain operational capability— 

18 ‘‘(i) to establish and enforce regula19 tions and standards for procedures, meth20 ods, equipment, and other requirements to 

21 prevent and to contain a discharge of oil or 

22 a hazardous substance from a tank vessel 

23 or nontank vessel or such an offshore facil24 ity as the President may designate; 


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1 ‘‘(ii) to establish and enforce regula2 tions, and to carry out all other respon3 sibilities, under subsection (j)(5) with re4 spect to such vessels and offshore facilities 

5 as the President may designate; and 

6 ‘‘(iii) to protect the environment and 

7 natural resources from impacts of a dis8 charge or substantial threat of a discharge 

9 of oil or a hazardous substance from such 

10 vessels and offshore facilities as the Presi11 dent may designate. 

12 ‘‘(C) ROLE AS FIRST RESPONDER.— 

13 ‘‘(i) IN GENERAL.—The responsibil14 ities delegated to the Secretary under sub15 paragraph (B) shall be sufficient to allow 

16 the Coast Guard to act as a first responder 

17 to a discharge or substantial threat of a 

18 discharge of oil or a hazardous substance 

19 from a tank vessel, nontank vessel, or off20 shore facility. 

21 ‘‘(ii) CAPABILITIES.—The President 

22 shall ensure that the Coast Guard has suf23 ficient personnel and resources to act as a 

24 first responder as described in clause (i), 

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1 going training of personnel, acquisition of 

2 equipment (including containment booms, 

3 dispersants, and skimmers), and 

4 prepositioning of equipment. 

5 ‘‘(D) CONTRACTS.—The Secretary may 

6 enter into contracts with private and nonprofit 

7 organizations for personnel and equipment in 

8 carrying out the responsibilities delegated to the 

9 Secretary under subparagraph (B). 

10 ‘‘(4) DEPARTMENT OF TRANSPORTATION.— 

11 ‘‘(A) IN GENERAL.—The President shall 

12 delegate the responsibilities under subparagraph 

13 (B) to the Secretary of Transportation. 

14 ‘‘(B) RESPONSIBILITIES.—The Secretary 

15 of Transportation shall— 

16 ‘‘(i) establish and enforce regulations 

17 and standards for procedures, methods, 

18 equipment, and other requirements to pre19 vent and to contain discharges of oil and 

20 hazardous substances from transportation21 related onshore facilities; 

22 ‘‘(ii) have the authority to review and 

23 approve of, disapprove of, or require revi24 sions (if necessary) to transportation-re25 lated onshore facility response plans and to 


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1 carry out all other responsibilities under 

2 subsection (j)(5)(E); and 

3 ‘‘(iii) ensure that Department of 

4 Transportation personnel develop and 

5 maintain operational capability— 

6 ‘‘(I) for effective inspection, mon7 itoring, prevention, preparedness, and 

8 response authorities related to the dis9 charge or substantial threat of a dis10 charge of oil or a hazardous substance 

11 from a transportation-related onshore 

12 facility; and 

13 ‘‘(II) to protect the environment 

14 and natural resources from the im15 pacts of a discharge or substantial 

16 threat of a discharge of oil or a haz17 ardous substance from a transpor18 tation-related onshore facility. 

19 ‘‘(5) DEPARTMENT OF THE INTERIOR.— 

20 ‘‘(A) IN GENERAL.—The President shall 

21 delegate the responsibilities under subparagraph 

22 (B) to the Secretary of the Interior. 

23 ‘‘(B) RESPONSIBILITIES.—The Secretary 

24 of the Interior shall— 


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1 ‘‘(i) establish and enforce regulations 

2 and standards for procedures, methods, 

3 equipment, and other requirements to pre4 vent and to contain discharges of oil and 

5 hazardous substances from such offshore 

6 facilities as the President may designate; 

7 ‘‘(ii) establish and enforce regulations 

8 to carry out all other responsibilities under 

9 subsection (j)(5) for such offshore facilities 

10 as the President may designate; 

11 ‘‘(iii) have the authority to review and 

12 approve of, disapprove of, or require revi13 sions (if necessary) to offshore facility re14 sponse plans under subsection (j)(5) for 

15 such offshore facilities as the President 

16 may designate; and 

17 ‘‘(iv) ensure that Department of the 

18 Interior personnel develop and maintain 

19 operational capability for effective inspec20 tion, monitoring, prevention, and prepared21 ness authorities related to the discharge or 

22 a substantial threat of a discharge of oil or 

23 hazardous material from such offshore fa24 cilities as the President may designate.’’. 


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1 SEC. 620. IMPACTS TO INDIAN TRIBES AND PUBLIC SERV2 ICE DAMAGES. 

3 (a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol4 lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended— 

5 (1) in subparagraph (D) by striking ‘‘or a polit6 ical subdivision thereof’’ and inserting ‘‘a political 

7 subdivision of a State, or an Indian tribe’’; and 

8 (2) in subparagraph (F) by striking ‘‘by a 

9 State’’ and all that follows before the period and in10 serting ‘‘the United States, a State, a political sub11 division of a State, or an Indian tribe’’. 

12 (b) APPLICABILITY.—The amendments made by this 

13 section apply to— 

14 (1) any claim arising from an event occurring 

15 after the date of enactment of this Act; and 

16 (2) any claim arising from an event occurring 

17 before such date of enactment, if the claim is 

18 brought within the limitations period applicable to 

19 the claim. 

20 SEC. 621. FEDERAL ENFORCEMENT ACTIONS. 

21 Section 309(g)(6)(A) of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by 

23 striking ‘‘or section 311(b)’’. 


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1 SEC. 622. TIME REQUIRED BEFORE ELECTING TO PROCEED 

2 WITH JUDICIAL CLAIM OR AGAINST THE 

3 FUND. 

4 Paragraph (2) of section 1013(c) of the Oil Pollution 

5 Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 

6 ‘‘90’’ and inserting ‘‘45’’. 

7 SEC. 623. AUTHORIZED LEVEL OF COAST GUARD PER8 SONNEL. 

9 The authorized end-of-year strength for active duty 

10 personnel of the Coast Guard for fiscal year 2011 is here11 by increased by 300 personnel, above any other level au12 thorized by law, for implementing the activities of the 

13 Coast Guard under this title, including the amendments 

14 made by this title. 

15 SEC. 624. CLARIFICATION OF MEMORANDUMS OF UNDER16 STANDING. 

17 Not later than September 30, 2011, the President 

18 (acting through the head of the appropriate Federal de19 partment or agency) shall implement or revise, as appro20 priate, memorandums of understanding to clarify the roles 

21 and jurisdictional responsibilities of the Environmental 

22 Protection Agency, the Coast Guard, the Department of 

23 the Interior, the Department of Transportation, and other 

24 Federal agencies relating to the prevention of oil dis25 charges from tank vessels, nontank vessels, and facilities 

26 subject to the Oil Pollution Act of 1990. 


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1 SEC. 625. BUILD AMERICA REQUIREMENT FOR OFFSHORE 

2 FACILITIES. 

3 (a) IN GENERAL.—Title VI of the Oil Pollution Act 

4 of 1990 (33 U.S.C. 2751 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE 

7 FACILITIES. 

8 ‘‘(a) BUILD AMERICA REQUIREMENT.—Except as 

9 provided by subsection (b), a person may not use an off10 shore facility to engage in support of exploration, develop11 ment, or production of oil or natural gas in, on, above, 

12 or below the exclusive economic zone unless the facility 

13 was built in the United States, including construction of 

14 any major component of the hull or superstructure of the 

15 facility. 

16 ‘‘(b) WAIVER AUTHORITY.—A person seeking to 

17 charter an offshore facility in the exclusive economic zone 

18 may seek a waiver of subsection (a). The Secretary may 

19 waive subsection (a) if the Secretary, in consultation with 

20 the Secretary of the Interior and the Secretary of Trans21 portation, finds that— 

22 ‘‘(1) the offshore facility was built in a foreign 

23 country and is under contract, on the date of enact24 ment of this section, in support of exploration, devel25 opment, or production of oil or natural gas in, on, 

26 above, or below the exclusive economic zone; 


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1 ‘‘(2) an offshore facility built in the United 

2 States is not available within a reasonable period of 

3 time, as defined in subsection (e), or of sufficient 

4 quality to perform drilling operations required under 

5 a contract; or 

6 ‘‘(3) an emergency requires the use of an off7 shore facility built in a foreign country. 

8 ‘‘(c) WRITTEN JUSTIFICATION AND PUBLIC NOTICE

9 OF NONAVAILABILITY WAIVER.—When issuing a waiver 

10 based on a determination under subsection (b)(2), the Sec11 retary shall issue a detailed written justification as to why 

12 the waiver meets the requirement of such subsection. The 

13 Secretary shall publish the justification in the Federal 

14 Register and provide the public with 45 days for notice 

15 and comment. 

16 ‘‘(d) FINAL DECISION.—The Secretary shall approve 

17 or deny any waiver request submitted under subsection (b) 

18 not later than 90 days after the date of receipt of the re19 quest. 

20 ‘‘(e) REASONABLE PERIOD OF TIME DEFINED.—For 

21 purposes of subsection (b)(2), the term ‘reasonable period 

22 of time’ means the time needed for a person seeking to 

23 charter an offshore facility in the exclusive economic zone 

24 to meet the requirements in the primary term of the per25 son’s lease.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 contained in section 2 of such Act is amended by inserting 

3 after the item relating to section 6004 the following: 

‘‘Sec. 6005. Build America requirement for offshore facilities.’’. 

4 SEC. 626. OIL SPILL RESPONSE VESSEL DATABASE. 

5 (a) REQUIREMENT.—Not later than 90 days after the 

6 date of enactment of this Act, the Commandant of the 

7 Coast Guard shall complete an inventory of all vessels op8 erating in the waters of the United States that are capable 

9 of meeting oil spill response needs designated in the Na10 tional Contingency Plan authorized by section 311(d) of 

11 the Federal Water Pollution Control Act (33 U.S.C. 

12 1321(d)). 

13 (b) CATEGORIZATION.—The inventory required under 

14 subsection (a) shall categorize such vessels by capabilities, 

15 type, function, and location. 

16 (c) MAINTENANCE OF DATABASE.—The Com17 mandant shall maintain a database containing the results 

18 of the inventory required under subsection (a) and update 

19 the information in the database on no less than a quar20 terly basis. 

21 (d) AVAILABILITY.—The Commandant may make in22 formation regarding the location and capabilities of oil 

23 spill response vessels available to a Federal On-Scene Co24 ordinator designated under section 311 of such Act (33 


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1 U.S.C. 1321) to assist in the response to an oil spill or 

2 other incident in the waters of the United States. 

3 SEC. 627. OFFSHORE SENSING AND MONITORING SYSTEMS. 

4 (a) REQUIREMENT.—Subtitle A of title IV of the Oil 

5 Pollution Act of 1990 is amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 4119. OFFSHORE SENSING AND MONITORING SYS8 TEMS. 

9 ‘‘(a) IN GENERAL.—The equipment required to be 

10 available under section 311(j)(5)(D)(iii) of the Federal 

11 Water Pollution Control Act for facilities listed in section 

12 311(j)(5)(C)(iii) of such Act and located in more than 500 

13 feet of water includes sensing and monitoring systems that 

14 meet the requirements of this section. 

15 ‘‘(b) SYSTEMS REQUIREMENTS.—Sensing and moni16 toring systems required under subsection (a) shall— 

17 ‘‘(1) use an integrated, modular, expandable, 

18 multi-sensor, open-architecture design and tech19 nology with interoperable capability; 

20 ‘‘(2) be capable of— 

21 ‘‘(A) operating for at least 25 years; 

22 ‘‘(B) real-time physical, biological, geologi23 cal, and environmental monitoring; 

24 ‘‘(C) providing alerts in the event of anom25 alous circumstances; 


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1 ‘‘(D) providing docking bases to accommo2 date spatial sensors for remote inspection and 

3 monitoring; and 

4 ‘‘(E) collecting chemical boundary condi5 tion data for drift and flow modeling; and 

6 ‘‘(3) include— 

7 ‘‘(A) an uninterruptible power source; 

8 ‘‘(B) a spatial sensor; 

9 ‘‘(C) secure Internet access to real-time 

10 physical, biological, geological, and environ11 mental monitoring data gathered by the system 

12 sensors; and 

13 ‘‘(D) a process by which such observation 

14 data and information will be made available to 

15 Federal Regulators and to the system estab16 lished under section 12304 of Public Law 111– 

17 11 (33 U.S.C. 3603).’’. 

18 (b) REQUEST FOR INFORMATION.—Within 60 days 

19 after the date of enactment of this Act, the Secretary of 

20 the department in which the Coast Guard is operating 

21 shall issue a request for information to determine the most 

22 capable and efficient domestic systems that meet the re23 quirements under section 4119 of the Oil Pollution Act 

24 of 1990, as amended by this section. 


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1 (c) IMPLEMENTING REGULATIONS.—Within 180 

2 days after the date of enactment of this Act, the Secretary 

3 of the department in which the Coast Guard is operating 

4 shall issue regulations to implement section 4119 of the 

5 Oil Pollution Act of 1990 as amended by this section. 

6 (d) CLERICAL AMENDMENT.—The table of contents 

7 in section 2 of the Oil Pollution Act of 1990 is amended 

8 by adding at the end of the items relating to such subtitle 

9 the following new item: 

‘‘Sec. 4119. Offshore sensing and monitoring systems.’’. 

10 SEC. 628. OIL AND GAS EXPLORATION AND PRODUCTION. 

11 Section 502 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1362) is amended— 

13 (1) by striking paragraph (24); and 

14 (2) by redesignating paragraph (25) as para15 graph (24). 

16 SEC. 629. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) COAST GUARD.—In addition to amounts made 

18 available pursuant to section 1012(a)(5)(A) of the Oil Pol19 lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au20 thorized to be appropriated to the Secretary of the depart21 ment in which the Coast Guard is operating from the Oil 

22 Spill Liability Trust Fund established by section 9509 of 

23 the Internal Revenue Code of 1986 (26 U.S.C. 9509) to 

24 carry out the purposes of this title and the amendments 

25 made by this title the following: 


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1 (1) For fiscal year 2011, $30,000,000. 

2 (2) For each of fiscal years 2012 through 2015, 

3 $32,000,000. 

4 (b) ENVIRONMENTAL PROTECTION AGENCY.—In ad5 dition to amounts made available pursuant to section 1012 

6 of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there 

7 is authorized to be appropriated to the Administrator of 

8 the Environmental Protection Agency from the Oil Spill 

9 Liability Trust Fund to implement this title and the 

10 amendments made by this title $10,000,000 for each of 

11 fiscal years 2011 through 2015. 

12 (c) DEPARTMENT OF TRANSPORTATION.—In addi13 tion to amounts made available pursuant to section 60125 

14 of title 49, United States Code, there is authorized to be 

15 appropriated to the Secretary of Transportation from the 

16 Oil Spill Liability Trust Fund to carry out the purposes 

17 of this title and the amendments made by this title the 

18 following: 

19 (1) For each of fiscal years 2011 through 2013, 

20 $7,000,000. 

21 (2) For each of fiscal years 2014 and 2015, 

22 $6,000,000. 


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1 SEC. 630. EXTENSION OF LIABILITY TO PERSONS HAVING 

2 OWNERSHIP INTERESTS IN RESPONSIBLE 

3 PARTIES. 

4 (a) DEFINITION OF RESPONSIBLE PARTY.—Section 

5 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 

6 2701(32)) is amended by adding at the end the following: 

7 ‘‘(G) PERSON HAVING OWNERSHIP INTER8 EST.—Any person, other than an individual, 

9 having an ownership interest (directly or indi10 rectly) in any entity described in any of sub11 paragraphs (A) through (F) of more than 25 

12 percent, in the aggregate, of the total ownership 

13 interests in such entity, if the assets of such en14 tity are insufficient to pay the claims owed by 

15 such entity as a responsible party under this 

16 Act.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply to an incident occurring on or after 

19 January 1, 2010. 

20 SEC. 631. CLARIFICATION OF LIABILITY UNDER OIL POLLU21 TION ACT OF 1990. 

22 The Oil Pollution Act of 1990 is amended— 

23 (1) in section 1013 (33 U.S.C. 2713), by insert24 ing after subsection (f) the following: 

25 ‘‘(g) LIMITATION ON RELEASE OF LIABILITY.—No 

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1 ceived by a claimant under this Act shall apply to liability 

2 for any type of harm unless— 

3 ‘‘(1) the claimant presented a claim under sub4 section (a) with respect to such type of harm; and 

5 ‘‘(2) the claimant received compensation for 

6 such type of harm, from the responsible party or 

7 from guarantor of the source designated under sec8 tion 1014(a), in connection with such release.’’; and 

9 (2) in section 1018 (33 U.S.C. 2718), by— 

10 (A) striking ‘‘or’’ at the end of paragraph 

11 (1); 

12 (B) striking the period at the end of para13 graph (2) and inserting ‘‘; and’’; and 

14 (C) inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) with respect to a claim described in section 

17 1013(g), affect, or be construed or interpreted to af18 fect or modify in any way, the obligations or liabil19 ities of any person under other Federal law.’’. 

20 SEC. 632. SALVAGE ACTIVITIES. 

21 Section 311 of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1321) is amended— 

23 (1) in subsection (a)(2)(D) by inserting ‘‘or sal24 vage activities’’ after ‘‘removal’’; and 


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1 (2) in subsection (c)(4)(A) by inserting ‘‘or con2 ducting salvage activities’’ after ‘‘advice’’. 

3 SEC. 633. REQUIREMENT FOR REDUNDANCY IN RESPONSE 

4 PLANS. 

5 (a) REQUIREMENT.—Section 311(j)(5)(D) of the 

6 Federal Water Pollution Control Act (33 U.S.C. 

7 1331(j)(5)(D)) is amended by redesignating clauses (v) 

8 and (vi) as clauses (vii) and (viii), and by inserting after 

9 clause (iv) the following new clauses: 

10 ‘‘(v) include redundancies that specify 

11 response actions that will be taken if other 

12 response actions specified in the plan fail; 

13 ‘‘(vi) be vetted by impartial experts;’’. 

14 (b) CONDITION OF PERMIT.—The Outer Continental 

15 Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LI18 CENSE AUTHORIZING DRILLING FOR OIL AND 

19 GAS. 

20 ‘‘The Secretary may not issue any license or permit 

21 authorizing drilling for oil and gas on the Outer Conti22 nental Shelf unless the applicant for the license or permit 

23 has a response plan approved under section 311(j)(5)(D) 

24 of the Federal Water Pollution Control Act (33 U.S.C. 


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1 1331(j)(5)(D)) for the vessel or facility that will be used 

2 to conduct such drilling.’’. 

3 SEC. 634. FEDERAL OIL SPILL RESEARCH PROGRAM. 

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

5 ‘‘Oil Pollution Research and Development Program Reau6 thorization Act of 2011’’. 

7 (b) FEDERAL OIL POLLUTION RESEARCH COM8 MITTEE.— 

9 (1) PURPOSES.—Section 7001(a)(2) of the Oil 

10 Pollution Act of 1990 (33 U.S.C. 2761(a)(2)) is 

11 amended by striking ‘‘State’’ and inserting ‘‘State 

12 and tribal’’. 

13 (2) MEMBERSHIP.—Section 7001(a)(3) of such 

14 Act (33 U.S.C. 2761(a)(3)) is amended to read as 

15 follows: 

16 ‘‘(3) STRUCTURE.— 

17 ‘‘(A) MEMBERS.—The Interagency Com18 mittee shall consist of representatives from the 

19 following: 

20 ‘‘(i) The Coast Guard. 

21 ‘‘(ii) The Department of Commerce, 

22 including the National Oceanic and Atmos23 pheric Administration. 

24 ‘‘(iii) The Department of the Interior. 


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1 ‘‘(iv) The Environmental Protection 

2 Agency. 

3 ‘‘(B) COLLABORATING AGENCIES.—The 

4 Interagency Committee shall collaborate with 

5 the following: 

6 ‘‘(i) The National Institute of Stand7 ards and Technology. 

8 ‘‘(ii) The Department of Energy. 

9 ‘‘(iii) The Department of Transpor10 tation, including the Maritime Administra11 tion and the Pipeline and Hazardous Mate12 rials Safety Administration. 

13 ‘‘(iv) The Department of Defense, in14 cluding the Army Corps of Engineers and 

15 the Navy. 

16 ‘‘(v) The Department of Homeland 

17 Security, including the United States Fire 

18 Administration in the Federal Emergency 

19 Management Agency. 

20 ‘‘(vi) The National Aeronautics and 

21 Space Administration. 

22 ‘‘(vii) The National Science Founda23 tion. 

24 ‘‘(viii) Other Federal agencies, as ap25 propriate.’’. 


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1 (3) ROLE OF THE CHAIR.—Section 7001(a)(4) 

2 of such Act (33 U.S.C. 2761(a)(4)) is amended to 

3 read as follows: 

4 ‘‘(4) CHAIR.— 

5 ‘‘(A) IN GENERAL.—A representative of 

6 the Coast Guard shall serve as Chair. 

7 ‘‘(B) ROLE OF CHAIR.—The primary role 

8 of the Chair shall be to ensure that— 

9 ‘‘(i) the activities of the Interagency 

10 Committee and the agencies listed in para11 graph (3)(B) are coordinated; 

12 ‘‘(ii) the implementation plans re13 quired under subsection (b)(1) are com14 pleted and submitted; 

15 ‘‘(iii) the annual reports required 

16 under subsection (e) are completed and 

17 submitted; 

18 ‘‘(iv) the Interagency Committee 

19 meets in accordance with the requirements 

20 of paragraph (5); and 

21 ‘‘(v) the Oil Pollution Research Advi22 sory Committee under subsection (f) is es23 tablished and utilized.’’. 


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1 (4) ACTIVITIES.—Section 7001(a) of such Act 

2 (33 U.S.C. 2761(a)) is amended by adding at the 

3 end the following: 

4 ‘‘(5) ACTIVITIES.— 

5 ‘‘(A) ONGOING, COORDINATED EFFORTS.— 

6 The Interagency Committee shall ensure that 

7 the research, development, and demonstration 

8 efforts authorized by this section are coordi9 nated and conducted on an ongoing basis. 

10 ‘‘(B) MEETINGS.— 

11 ‘‘(i) IN GENERAL.—The Interagency 

12 Committee shall meet, or otherwise com13 municate, as appropriate, to— 

14 ‘‘(I) plan program-related activi15 ties; and 

16 ‘‘(II) determine whether the pro17 gram is resulting in the development 

18 of new or improved methods and tech19 nologies to prevent, detect, respond to, 

20 contain, and mitigate oil discharge. 

21 ‘‘(ii) FREQUENCY.—In no event shall 

22 the Interagency Committee meet less than 

23 once per year. 

24 ‘‘(C) INFORMATION EXCHANGE.—The 

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1 ministrator of the National Oceanic and Atmos2 pheric Administration, shall develop a national 

3 information clearinghouse on oil discharge 

4 that— 

5 ‘‘(i) includes scientific information 

6 and research on preparedness, response, 

7 and restoration; and 

8 ‘‘(ii) serves as a single electronic ac9 cess and input point for Federal agencies, 

10 emergency responders, the research com11 munity, and other interested parties for 

12 such information.’’. 

13 (c) OIL POLLUTION RESEARCH AND TECHNOLOGY

14 PLAN.— 

15 (1) IMPLEMENTATION PLAN.—Section 

16 7001(b)(1) of such Act (33 U.S.C. 2761(b)(1)) is 

17 amended— 

18 (A) by striking ‘‘180 days after the date of 

19 enactment of this Act’’ and inserting ‘‘180 days 

20 after the date of enactment of the Oil Pollution 

21 Research and Development Program Reauthor22 ization Act of 2011 and periodically thereafter, 

23 as appropriate, but not less than once every 5 

24 years’’; 


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1 (B) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) identify the roles and responsibilities 

4 of each member agency of the Interagency 

5 Committee under subsection (a)(3)(A) and each 

6 of the collaborating agencies under subsection 

7 (a)(3)(B);’’; 

8 (C) in subparagraph (B) by inserting ‘‘con9 tainment,’’ after ‘‘response,’’; 

10 (D) in subparagraph (D) by inserting 

11 ‘‘containment,’’ after ‘‘response,’’; 

12 (E) by striking ‘‘and’’ at the end of sub13 paragraph (E); 

14 (F) in subparagraph (F)— 

15 (i) by striking ‘‘the States, regional oil 

16 pollution research needs’’ and inserting 

17 ‘‘State and tribal governments, regional oil 

18 pollution research needs, including natural 

19 seeps and pollution resulting from import20 ing oil from overseas,’’; and 

21 (ii) by striking the period at the end 

22 and inserting a semicolon; and 

23 (G) by adding at the end the following new 

24 subparagraphs: 


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1 ‘‘(G) identify the information needed to 

2 conduct risk assessment and risk analysis re3 search to effectively prevent oil discharges, in4 cluding information on human factors and deci5 sionmaking, and to protect the environment; 

6 and 

7 ‘‘(H) identify a methodology that— 

8 ‘‘(i) provides for the solicitation, eval9 uation, preapproval, funding, and utiliza10 tion of technologies and research projects 

11 developed by the public and private sector 

12 in advance of future oil discharges; and 

13 ‘‘(ii) where appropriate, ensures that 

14 such technologies are readily available for 

15 rapid testing and potential deployment and 

16 that research projects can be implemented 

17 during an incident response.’’. 

18 (2) ADVICE AND GUIDANCE.—Section 7001(b) 

19 of such Act (33 U.S.C. 2761(b)) is amended by 

20 striking paragraph (2) and all that follows through 

21 ‘‘under this section.’’ and by inserting the following: 

22 ‘‘(2) ADVICE AND GUIDANCE.— 

23 ‘‘(A) IN GENERAL.—The Chair shall solicit 

24 advice and guidance in the development of the 

25 research plan under paragraph (1) from— 


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1 ‘‘(i) the Oil Pollution Research Advi2 sory Committee established under sub3 section (f); 

4 ‘‘(ii) the National Institute of Stand5 ards and Technology on issues relating to 

6 quality assurance and standards measure7 ments; 

8 ‘‘(iii) third party standard-setting or9 ganizations on issues relating to voluntary 

10 consensus standards; and 

11 ‘‘(iv) the public in accordance with 

12 subparagraph (B). 

13 ‘‘(B) PUBLIC COMMENT.—Prior to the 

14 submission of the research plan to Congress 

15 under paragraph (1), the research plan shall be 

16 published in the Federal Register and subject 

17 to a public comment period of 30 days. The 

18 Chair shall review the public comments received 

19 and incorporate those comments into the plan, 

20 as appropriate.’’. 

21 (3) REVIEW.—Section 7001(b) of such Act (33 

22 U.S.C. 2761(b)) is further amended by adding at 

23 the end the following: 

24 ‘‘(3) REVIEW.—After the submission of each re25 search plan to Congress under paragraph (1), the 


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1 Chair shall contract with the National Academy of 

2 Sciences— 

3 ‘‘(A) to review the research plan; 

4 ‘‘(B) to assess the adequacy of the re5 search plan; and 

6 ‘‘(C) to submit a report to Congress on the 

7 conclusions of the assessment. 

8 ‘‘(4) INCORPORATION OF RECOMMENDA9 TIONS.—The Chair shall address any recommenda10 tions in the review conducted under paragraph (3) 

11 and shall incorporate such recommendations into the 

12 research plan, as appropriate.’’. 

13 (d) OIL POLLUTION RESEARCH AND DEVELOPMENT

14 PROGRAM.— 

15 (1) ESTABLISHMENT.—Section 7001(c)(1) of 

16 such Act (33 U.S.C. 2761(c)(1)) is amended by 

17 striking ‘‘research and development, as provided in 

18 this subsection’’ and inserting ‘‘research, develop19 ment, and demonstration, as provided in this sub20 section and subsection (a)(2)’’. 

21 (2) INNOVATIVE OIL POLLUTION TECH22 NOLOGY.—Section 7001(c)(2) of such Act (33 

23 U.S.C. 2761(c)(2)) is amended— 

24 (A) in the matter before subparagraph (A), 

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1 serting ‘‘preventing, detecting, containing, re2 covering, or mitigating’’; 

3 (B) by striking subparagraph (I); 

4 (C) by redesignating subparagraph (J) as 

5 subparagraph (I); 

6 (D) by striking the period at the end of 

7 subparagraph (I) (as so redesignated) and by 

8 inserting at the end a semicolon; and 

9 (E) by adding at the end the following: 

10 ‘‘(J) technologies and methods to address 

11 oil discharge on land and in inland waters, 

12 coastal areas, offshore areas, including deep13 water and ultra-deepwater areas, and polar and 

14 other icy areas; and 

15 ‘‘(K) modeling and simulation capabilities, 

16 including tools and technologies, that can be 

17 used to facilitate effective recovery and contain18 ment of oil discharge during incident re19 sponse.’’. 

20 (3) OIL POLLUTION TECHNOLOGY EVALUA21 TION.—Section 7001(c)(3) of such Act (33 U.S.C. 

22 2761(c)(3)) is amended to read as follows: 

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1 tion prevention, containment, and mitigation tech2 nologies, including— 

3 ‘‘(A) the evaluation of the performance and 

4 effectiveness of such technologies in preventing, 

5 detecting, containing, recovering, and miti6 gating oil discharges; 

7 ‘‘(B) the evaluation of the environmental 

8 effects of the use of such technologies; 

9 ‘‘(C) the evaluation and testing of tech10 nologies developed independently of the research 

11 and development program established under 

12 this subsection, including technologies developed 

13 by small businesses; 

14 ‘‘(D) the establishment, with the advice 

15 and guidance of the National Institute of 

16 Standards and Technology, of standards and 

17 testing protocols traceable to national standards 

18 to measure the performance of oil pollution pre19 vention, containment, or mitigation tech20 nologies; 

21 ‘‘(E) an evaluation of the environmental 

22 effects and utility of controlled field testing; 

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1 tion, response, containment, recovery, or mitiga2 tion technologies; 

3 ‘‘(G) an evaluation of the effectiveness of 

4 oil pollution prevention technologies based on 

5 probabilistic risk analyses of the system; and 

6 ‘‘(H) research conducted by the Environ7 mental Protection Agency and other appro8 priate Federal agencies for the evaluation and 

9 testing of technologies that demonstrate— 

10 ‘‘(i) maximum effectiveness, including 

11 application and delivery mechanisms; and 

12 ‘‘(ii) minimum effects, including tox13 icity, to human health and the environment 

14 in both the near-term and long-term.’’. 

15 (4) OIL POLLUTION EFFECTS RESEARCH.—Sec16 tion 7001(c)(4) of such Act (33 U.S.C. 2761(c)(4)) 

17 is amended— 

18 (A) by striking subparagraph (A) and in19 serting the following: 

20 ‘‘(A) IN GENERAL.— 

21 ‘‘(i) ESTABLISHMENT.—The Inter22 agency Committee, acting through the Ad23 ministrator of the National Oceanic and 

24 Atmospheric Administration, shall estab25 lish a research program to monitor and 


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1 scientifically evaluate the environmental ef2 fects, including long-term effects, of oil dis3 charge. 

4 ‘‘(ii) SPECIFICATIONS.—Such pro5 gram shall include the following elements: 

6 ‘‘(I) Research on and the devel7 opment of effective tools to detect, 

8 measure, observe, analyze, monitor, 

9 model, and forecast the presence, 

10 transport, fate, and effect of an oil 

11 discharge throughout the environ12 ment, including tools and models to 

13 accurately measure and predict the 

14 flow of oil discharged. 

15 ‘‘(II) The development of meth16 ods, including economic methods, to 

17 assess and predict damages to natural 

18 resources, including air quality, result19 ing from oil discharges, including in 

20 economically disadvantaged commu21 nities and areas. 

22 ‘‘(III) The identification of types 

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1 shore areas, including deepwater and 

2 ultra-deepwater areas, and polar and 

3 other icy areas. 

4 ‘‘(IV) The preparation of sci5 entific monitoring and evaluation 

6 plans for the areas identified under 

7 subclause (III) to be implemented in 

8 the event of major oil discharges in 

9 such areas. 

10 ‘‘(V) The collection of environ11 mental baseline data in the areas 

12 identified under subclause (III) if 

13 such data are insufficient. 

14 ‘‘(VI) The use of both onshore 

15 and offshore air quality monitoring to 

16 study the effects of an oil discharge 

17 and oil discharge cleanup technologies 

18 on air quality. 

19 ‘‘(VII) Making the results, 

20 health, and safety warnings readily 

21 available to the public, including 

22 emergency responders, the research 

23 community, local residents, and other 

24 interested parties. 


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1 ‘‘(VIII) Research on technologies, 

2 methods, and standards for protecting 

3 removal personnel and for volunteers 

4 that may participate in incident re5 sponses, including training, adequate 

6 supervision, protective equipment, 

7 maximum exposure limits, and decon8 tamination procedures.’’; 

9 (B) in subparagraph (B)— 

10 (i) by striking ‘‘(B) The Department 

11 of Commerce’’ and all that follows through 

12 ‘‘future oil discharges.’’ and inserting the 

13 following: 

14 ‘‘(B) CONDITIONS.—The Interagency Com15 mittee, acting through the Administrator of the 

16 National Oceanic and Atmospheric Administra17 tion, shall conduct research activities under 

18 subparagraph (A) for areas in which— 

19 ‘‘(i) the amount of oil discharged ex20 ceeds 250,000 gallons; and 

21 ‘‘(ii) a study of the long-term environ22 mental effects of the discharge would be of 

23 significant scientific value, especially for 

24 preventing or responding to future oil dis25 charges.’’; 


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1 (ii) by striking ‘‘ATHOS I, and’’ and 

2 inserting ‘‘ATHOS I;’’; and 

3 (iii) by striking the period at the end 

4 and inserting ‘‘; Prince William Sound, 

5 where oil was discharged by the EXXON 

6 VALDEZ; and the Gulf of Mexico, where 

7 oil was discharged by the DEEPWATER 

8 HORIZON.’’; and 

9 (C) in subparagraph (C) by striking ‘‘Re10 search’’ and inserting ‘‘COORDINATION.—Re11 search’’. 

12 (5) DEMONSTRATION PROJECTS.—Section 

13 7001(c)(6) of such Act (33 U.S.C. 2761(c)(6)) is 

14 amended— 

15 (A) by striking the first sentence and in16 serting the following: ‘‘The United States Coast 

17 Guard, in conjunction with such agencies as the 

18 President may designate, shall conduct a total 

19 of 2 port oil pollution minimization demonstra20 tion projects, 1 with the Ports of Los Angeles 

21 and Long Beach, California, and 1 with a port 

22 on the Great Lakes, for the purpose of devel23 oping and demonstrating integrated port oil 

24 pollution prevention and cleanup systems that 

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1 proved practices and technologies developed 

2 from the research, development, and demonstra3 tion program established in this section.’’; and 

4 (B) in the second sentence by striking ‘‘oil 

5 spill’’ and inserting ‘‘oil discharge’’. 

6 (6) SIMULATED ENVIRONMENTAL TESTING.— 

7 Section 7001(c)(7) of such Act (33 U.S.C. 

8 2761(c)(7)) is amended by inserting ‘‘Oil pollution 

9 technology testing and evaluations shall be given pri10 ority over all other activities performed at such Re11 search Center.’’ after ‘‘evaluations.’’. 

12 (7) REGIONAL RESEARCH PROGRAM.— 

13 (A) IN GENERAL.—Section 7001(c)(8) of 

14 such Act (33 U.S.C. 2761(c)(8)) is amended— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘program of com17 petitive grants’’ and inserting ‘‘pro18 gram of peer-reviewed, competitive 

19 grants’’; and 

20 (II) by striking ‘‘(1989)’’ and in21 serting ‘‘(2009)’’; 

22 (ii) in subparagraph (C) by striking 

23 ‘‘the entity or entities which’’ and inserting 

24 ‘‘at least one entity that’’; and 


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1 (iii) by adding at the end the fol2 lowing new subparagraph: 

3 ‘‘(H) In carrying out this paragraph, the 

4 Interagency Committee shall coordinate the 

5 program of peer-reviewed, competitive grants to 

6 universities or other research institutions, in7 cluding Minority Serving Institutions as defined 

8 under section 371(a) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1067q(a)), and provide 

10 consideration to such institutions in the rec11 ommendations for awarding grants.’’. 

12 (B) FUNDING.—Section 7001(c)(9) of such 

13 Act (33 U.S.C. 2761(c)(9)) is amended by 

14 striking ‘‘1991’’ and all that follows through 

15 ‘‘shall be available’’ and inserting ‘‘2011, 2012, 

16 2013, 2014, and 2015, there are authorized to 

17 be appropriated from amounts in the Fund 

18 $12,000,000’’. 

19 (e) INTERNATIONAL COOPERATION.—Section 

20 7001(d) of such Act (33 U.S.C. 2761(d)) is amended to 

21 read as follows: 

22 ‘‘(d) INTERNATIONAL COOPERATION.—In accordance 

23 with the research plan submitted under subsection (b), the 

24 Interagency Committee shall engage in international co25 operation by— 


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1 ‘‘(1) harnessing global expertise through col2 laborative partnerships with foreign governments 

3 and research entities, and domestic and foreign pri4 vate actors, including nongovernmental organizations 

5 and private sector companies; and 

6 ‘‘(2) leveraging public and private capital, tech7 nology, expertise, and services towards innovative 

8 models that can be instituted to conduct collabo9 rative oil pollution research, development, and dem10 onstration activities, including controlled field tests 

11 of oil discharges and other activities designed to im12 prove oil recovery and cleanup.’’. 

13 (f) ANNUAL REPORTS.—Section 7001(e) of such Act 

14 (33 U.S.C. 2761(e)) is amended to read as follows: 

15 ‘‘(e) ANNUAL REPORT.— 

16 ‘‘(1) Concurrent with the submission to Con17 gress of the President’s annual budget request in 

18 each year after the date of enactment of the Oil Pol19 lution Research and Development Program Reau20 thorization Act of 2011, the Chair of the Inter21 agency Committee shall submit to Congress a report 

22 describing the— 

23 ‘‘(A) activities carried out under this sec24 tion in the preceding fiscal year, including— 


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1 ‘‘(i) a description of major research 

2 conducted on oil discharge prevention, de3 tection, containment, recovery, and mitiga4 tion techniques in all environments by each 

5 agency described in subsection (a)(3)(A) 

6 and (B); and 

7 ‘‘(ii) a summary of— 

8 ‘‘(I) projects in which the agency 

9 contributed funding or other re10 sources; 

11 ‘‘(II) major projects undertaken 

12 by State and tribal governments, and 

13 foreign governments; and 

14 ‘‘(III) major projects undertaken 

15 by the private sector and educational 

16 institutions; 

17 ‘‘(B) activities being carried out under this 

18 section in the current fiscal year, including a 

19 description of major research and development 

20 activities on oil discharge prevention, detection, 

21 containment, recovery, and mitigation tech22 nologies and techniques in all environments that 

23 each agency will conduct or contribute to; and 

24 ‘‘(C) activities proposed to be carried out 

25 under this section in the subsequent fiscal year, 


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1 including an analysis of how these activities will 

2 further the purposes of the program authorized 

3 by this section. 

4 ‘‘(2) If the National Academy of Sciences pro5 vides recommendations on the research plan under 

6 subsection (b)(3), the Chair shall include, in the first 

7 annual report under paragraph (1) of this sub8 section, a description of those recommendations in9 corporated into the research plan, and a description 

10 of, and explanation for, any recommendations that 

11 are not included in such plan.’’. 

12 (g) ADVISORY COMMITTEE.—Section 7001 of such 

13 Act (33 U.S.C. 2761) is further amended— 

14 (1) by redesignating subsection (f) as sub15 section (g); and 

16 (2) by inserting after subsection (e) the fol17 lowing: 

18 ‘‘(f) ADVISORY COMMITTEE.— 

19 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

20 after the date of enactment of the Oil Pollution Re21 search and Development Program Reauthorization 

22 Act of 2011, the Chair of the Interagency Com23 mittee shall establish an advisory committee to be 

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1 mittee (in this subsection referred to as the ‘advisory 

2 committee’). 

3 ‘‘(2) MEMBERSHIP.— 

4 ‘‘(A) IN GENERAL.—The advisory com5 mittee shall be composed of members appointed 

6 by the Chair, in consultation with each member 

7 agency described in subsection (a)(3), includ8 ing— 

9 ‘‘(i) individuals with extensive knowl10 edge and research experience or oper11 ational knowledge of prevention, detection, 

12 response, containment, and mitigation of 

13 oil discharges; 

14 ‘‘(ii) individuals broadly representative 

15 of stakeholders affected by oil discharges; 

16 and 

17 ‘‘(iii) other individuals, as determined 

18 by the Chair. 

19 ‘‘(B) LIMITATIONS.—The Chair shall— 

20 ‘‘(i) appoint no more than 25 mem21 bers that shall not include representatives 

22 of the Federal Government, but may in23 clude representatives from State, tribal, 

24 and local governments; and 


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1 ‘‘(ii) ensure that no class of individ2 uals described in clause (ii) or (iii) of subparagraph (A) comprises more than 1 3 ⁄3 of 

4 the membership of the advisory committee. 

5 ‘‘(C) TERMS OF SERVICE.— 

6 ‘‘(i) IN GENERAL.—Members shall be 

7 appointed for a 3-year term and may serve 

8 for not more than 2 terms, except as pro9 vided in clause (iii). 

10 ‘‘(ii) VACANCIES.—Vacancy appoint11 ments shall be for the remainder of the un12 expired term of the vacancy. 

13 ‘‘(iii) SPECIAL RULE.—If a member is 

14 appointed to fill a vacancy and the remain15 der of the unexpired term is less than 1 

16 year, the member may subsequently be ap17 pointed for 2 full terms. 

18 ‘‘(D) COMPENSATION AND EXPENSES.— 

19 Members of the advisory committee shall not be 

20 compensated for service on the advisory com21 mittee, but may be allowed travel expenses, in22 cluding per diem in lieu of subsistence, in ac23 cordance with subchapter I of chapter 57 of 

24 title 5, United States Code. 


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1 ‘‘(3) DUTIES.—The advisory committee shall 

2 review, advise, and comment on Interagency Com3 mittee activities, including the following: 

4 ‘‘(A) Management and functioning of the 

5 Interagency Committee. 

6 ‘‘(B) Collaboration of the Interagency 

7 Committee and the agencies listed in subsection 

8 (a)(3)(B). 

9 ‘‘(C) The research and technology develop10 ment of new or improved response capabilities. 

11 ‘‘(D) The use of cost-effective research 

12 mechanisms. 

13 ‘‘(E) Research, computation, and modeling 

14 needs and other resources needed to develop a 

15 comprehensive program of oil pollution re16 search. 

17 ‘‘(4) SUBCOMMITTEES.—The advisory com18 mittee may establish subcommittees of its members. 

19 ‘‘(5) MEETINGS.—The advisory committee shall 

20 meet at least once per year and at other times at the 

21 call of the Chair of the Interagency Committee. 

22 ‘‘(6) REPORT.—The advisory committee shall 

23 submit biennial reports to the Interagency Com24 mittee and Congress on the function, activities, and 


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1 progress of the Interagency Committee and the pro2 grams established under this section. 

3 ‘‘(7) EXPIRATION.—Section 14 of the Federal 

4 Advisory Committee Act (5 U.S.C. App.) shall not 

5 apply to the advisory committee.’’. 

6 (h) FUNDING.— 

7 (1) IN GENERAL.—Section 7001(g) of such Act, 

8 as redesignated by subsection (g) of this section, is 

9 amended to read as follows: 

10 ‘‘(g) FUNDING.—From the amounts authorized in 

11 section 321 of the Implementing the Recommendations of 

12 the BP Oil Spill Commission Act of 2011, there are au13 thorized to be appropriated— 

14 ‘‘(1) $16,000,000 to the Administrator of the 

15 National Oceanic and Atmospheric Administration 

16 annually to carry out this section; and 

17 ‘‘(2) $2,000,000 for each of fiscal years 2011, 

18 2012, 2013, and 2014 to carry out the activities in 

19 subsection (c)(6).’’. 

20 (i) ACCESS TO RESEARCH DURING AN EMER21 GENCY.—Section 7001 of such Act (33 U.S.C. 2761) is 

22 amended by adding at the end the following new sub23 section: 

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1 search, the methodologies or results of which may be use2 ful for response activities in the event of an oil discharge 

3 incident described in sections 300.300–334 of title 40 of 

4 the Code of Federal Regulations, shall, upon request to 

5 that entity, make the methodologies or results of such re6 search available to the Interagency Committee and the 

7 Federal On-Scene Coordinator (as defined in section 

8 311(a)(21) of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1321(a)(21))). Any methodologies or research 

10 results made available under this subsection shall be for 

11 use only for purposes of the response activities with re12 spect to the oil discharge incident, and shall not be avail13 able for disclosure under section 552 of title 5, United 

14 States Code, or included in information made publicly 

15 available pursuant to this Act.’’. 

16 SEC. 635. OIL SPILL LIABILITY TRUST FUND. 

17 (a) ADVANCE PAYMENTS.—Section 1012 of the Oil 

18 Pollution Act of 1990 (33 U.S.C. 2712) is amended by 

19 adding at the end the following: 

20 ‘‘(m) ADVANCE PAYMENTS.—The President shall 

21 promulgate regulations that allow advance payments to be 

22 made from the Fund to States and political subdivisions 

23 of States for actions taken to prepare for and mitigate 

24 substantial threats from the discharge of oil.’’. 

25 (b) OIL SPILL LIABILITY TRUST FUND.— 


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1 (1) LIMITATIONS ON EXPENDITURES.—Section 

2 9509(c) of the Internal Revenue Code of 1986 (re3 lating to expenditures from the Oil Spill Liability 

4 Trust Fund) is amended— 

5 (A) by striking paragraph (2); 

6 (B) by striking ‘‘EXPENDITURES’’ and all 

7 that follows through ‘‘Amounts in’’ and insert8 ing ‘‘EXPENDITURES.—Amounts in’’; and 

9 (C) by redesignating subparagraphs (A) 

10 through (F) as paragraphs (1) through (6), re11 spectively, and indenting appropriately. 

12 (2) AUTHORITY TO BORROW.—Section 9509(d) 

13 of the Internal Revenue Code of 1986 (relating to 

14 authority to borrow for the Oil Spill Liability Trust 

15 Fund) is amended— 

16 (A) by striking paragraph (2); 

17 (B) by redesignating paragraph (3) as 

18 paragraph (2); and 

19 (C) in paragraph (2) (as so redesig20 nated)— 

21 (i) by striking subparagraph (B); and 

22 (ii) by redesignating subparagraph 

23 (C) as subparagraph (B). 


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1 TITLE VII—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED 

4 ROYALTY RELIEF FOR THE OIL AND GAS IN5 DUSTRY. 

6 (a) PROVISIONS RELATING TO PLANNING AREAS

7 OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer 

8 Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) 

9 is amended by striking ‘‘and in the Planning Areas off10 shore Alaska’’ after ‘‘West longitude’’. 

11 (b) PROVISIONS RELATING TO NAVAL PETROLEUM

12 RESERVE IN ALASKA.—Section 107 of the Naval Petro13 leum Reserves Production Act of 1976 (as transferred, re14 designated, moved, and amended by section 347 of the En15 ergy Policy Act of 2005 (119 Stat. 704)) is amended— 

16 (1) in subsection (i) by striking paragraphs (2) 

17 through (6); and 

18 (2) by striking subsection (k). 

19 SEC. 702. LEASING ON INDIAN LANDS. 

20 Nothing in this Act modifies, amends, or affects leas21 ing on Indian lands as currently carried out by the Bureau 

22 of Indian Affairs. 


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1 SEC. 703. OUTER CONTINENTAL SHELF STATE BOUND2 ARIES. 

3 (a) GENERAL.—Not later than 2 years after the date 

4 of enactment of this Act, the President, acting through 

5 the Secretary of the Interior, shall publish a final deter6 mination under section 4(a)(2) of the Outer Continental 

7 Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries 

8 of coastal States projected seaward to the outer margin 

9 of the Outer Continental Shelf. 

10 (b) NOTICE AND COMMENT.—In determining the 

11 projected boundaries specified in subsection (a), the Sec12 retary shall comply with the notice and comment require13 ments under chapter 5 of title 5, United States Code. 

14 (c) SAVINGS CLAUSE.—The determination and publi15 cation of projected boundaries under subsection (a) shall 

16 not be construed to alter, limit, or modify the jurisdiction, 

17 control, or any other authority of the United States over 

18 the Outer Continental Shelf. 

19 SEC. 704. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE 

20 REFUGES. 

21 Section 4 of the National Wildlife Refuge System Ad22 ministration Act of 1966 (16 U.S.C. 668dd) is amended 

23 by adding at the end the following new subsection: 

24 ‘‘(p) DESTRUCTION OR LOSS OF, OR INJURY TO, 

25 REFUGE RESOURCES.— 

26 ‘‘(1) LIABILITY.— 


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1 ‘‘(A) LIABILITY TO UNITED STATES.—Any 

2 person who destroys, causes the loss of, or in3 jures any refuge resource is liable to the United 

4 States for an amount equal to the sum of— 

5 ‘‘(i) the amount of the response costs 

6 and damages resulting from the destruc7 tion, loss, or injury; and 

8 ‘‘(ii) interest on that amount cal9 culated in the manner described under sec10 tion 1005 of the Oil Pollution Act of 1990 

11 (33 U.S.C. 2705). 

12 ‘‘(B) LIABILITY IN REM.—Any instrumen13 tality, including a vessel, vehicle, aircraft, or 

14 other equipment, that destroys, causes the loss 

15 of, or injures any refuge resource shall be liable 

16 in rem to the United States for response costs 

17 and damages resulting from such destruction, 

18 loss, or injury to the same extent as a person 

19 is liable under subparagraph (A). 

20 ‘‘(C) DEFENSES.—A person is not liable 

21 under this paragraph if that person establishes 

22 that— 

23 ‘‘(i) the destruction or loss of, or in24 jury to, the refuge resource was caused 

25 solely by an act of God, an act of war, or 


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1 an act or omission of a third party, and 

2 the person acted with due care; 

3 ‘‘(ii) the destruction, loss, or injury 

4 was caused by an activity authorized by 

5 Federal or State law; or 

6 ‘‘(iii) the destruction, loss, or injury 

7 was negligible. 

8 ‘‘(D) LIMITS TO LIABILITY.—Nothing in 

9 sections 30501 to 30512 or section 30706 of 

10 title 46, United States Code, shall limit the li11 ability of any person under this section. 

12 ‘‘(2) RESPONSE ACTIONS.—The Secretary may 

13 undertake or authorize all necessary actions to pre14 vent or minimize the destruction or loss of, or injury 

15 to, refuge resources, or to minimize the imminent 

16 risk of such destruction, loss, or injury. 

17 ‘‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND

18 DAMAGES.— 

19 ‘‘(A) IN GENERAL.—The Attorney General, 

20 upon request of the Secretary, may commence 

21 a civil action against any person or instrumen22 tality who may be liable under paragraph (1) 

23 for response costs and damages. The Secretary, 

24 acting as trustee for refuge resources for the 

25 United States, shall submit a request for such 


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1 an action to the Attorney General whenever a 

2 person may be liable for such costs or damages. 

3 ‘‘(B) JURISDICTION AND VENUE.—An ac4 tion under this subsection may be brought in 

5 the United States district court for any district 

6 in which— 

7 ‘‘(i) the defendant is located, resides, 

8 or is doing business, in the case of an ac9 tion against a person; 

10 ‘‘(ii) the instrumentality is located, in 

11 the case of an action against an instru12 mentality; or 

13 ‘‘(iii) the destruction of, loss of, or in14 jury to a refuge resource occurred. 

15 ‘‘(4) USE OF RECOVERED AMOUNTS.—Response 

16 costs and damages recovered by the Secretary under 

17 this subsection shall be retained by the Secretary in 

18 the manner provided for in section 107(f)(1) of the 

19 Comprehensive Environmental Response, Compensa20 tion, and Liability Act of 1980 (42 U.S.C. 

21 9607(f)(1)) and used as follows: 

22 ‘‘(A) RESPONSE COSTS.—Amounts recov23 ered by the United States for costs of response 

24 actions and damage assessments under this 


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1 subsection shall be used, as the Secretary con2 siders appropriate— 

3 ‘‘(i) to reimburse the Secretary or any 

4 other Federal or State agency that con5 ducted those activities; and 

6 ‘‘(ii) after reimbursement of such 

7 costs, to restore, replace, or acquire the 

8 equivalent of any refuge resource. 

9 ‘‘(B) OTHER AMOUNTS.—All other 

10 amounts recovered shall be used, in order of 

11 priority— 

12 ‘‘(i) to restore, replace, or acquire the 

13 equivalent of the refuge resources that 

14 were the subject of the action, including 

15 the costs of monitoring the refuge re16 sources; 

17 ‘‘(ii) to restore degraded refuge re18 sources of the refuge that was the subject 

19 of the action, giving priority to refuge re20 sources that are comparable to the refuge 

21 resources that were the subject of the ac22 tion; and 

23 ‘‘(iii) to restore degraded refuge re24 sources of other refuges. 


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1 ‘‘(5) DEFINITIONS.—In this subsection, the 

2 term— 

3 ‘‘(A) ‘damages’ includes— 

4 ‘‘(i) compensation for— 

5 ‘‘(I)(aa) the cost of replacing, re6 storing, or acquiring the equivalent of 

7 a refuge resource; and 

8 ‘‘(bb) the value of the lost use of 

9 a refuge resource pending its restora10 tion or replacement or the acquisition 

11 of an equivalent refuge resource; or 

12 ‘‘(II) the value of a refuge re13 source if the refuge resource cannot 

14 be restored or replaced or if the equiv15 alent of such resource cannot be ac16 quired; 

17 ‘‘(ii) the cost of conducting damage 

18 assessments; 

19 ‘‘(iii) the reasonable cost of moni20 toring appropriate to the injured, restored, 

21 or replaced refuge resource; and 

22 ‘‘(iv) the cost of enforcement actions 

23 undertaken by the Secretary in response to 

24 the destruction or loss of, or injury to, a 

25 refuge resource; 


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1 ‘‘(B) ‘response costs’ means the costs of 

2 actions taken or authorized by the Secretary to 

3 minimize destruction or loss of, or injury to, 

4 refuge resources, or to minimize the imminent 

5 risks of such destruction, loss, or injury, includ6 ing costs related to seizure, forfeiture, storage, 

7 or disposal arising from liability, or to monitor 

8 ongoing effects of incidents causing such de9 struction, loss, or injury under this subsection; 

10 and 

11 ‘‘(C) ‘refuge resource’ means any living or 

12 nonliving resource of a refuge that contributes 

13 to the conservation, management, and restora14 tion mission of the System, including living or 

15 nonliving resources of a marine national monu16 ment that may be managed as a unit of the 

17 System.’’. 

18 SEC. 705. STRENGTHENING COASTAL STATE OIL SPILL 

19 PLANNING AND RESPONSE. 

20 The Coastal Zone Management Act of 1972 (16 

21 U.S.C. 1451 et seq.) is amended adding at the end the 

22 following new section: 


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1 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE2 SPONSE AND PLANNING. 

3 ‘‘(a) GRANTS TO STATES.—The Secretary may make 

4 grants to eligible coastal States— 

5 ‘‘(1) to revise management programs approved 

6 under section 306 (16 U.S.C. 1455) to identify and 

7 implement new enforceable policies and procedures 

8 to ensure sufficient response capabilities at the State 

9 level to address the environmental, economic, and so10 cial impacts of oil spills or other accidents resulting 

11 from Outer Continental Shelf energy activities with 

12 the potential to affect any land or water use or nat13 ural resource of the coastal zone; and 

14 ‘‘(2) to review and revise where necessary appli15 cable enforceable policies within approved State 

16 management programs affecting coastal energy ac17 tivities and energy to ensure that these policies are 

18 consistent with— 

19 ‘‘(A) other emergency response plans and 

20 policies developed under Federal or State law; 

21 and 

22 ‘‘(B) new policies and procedures developed 

23 under paragraph (1); and 

24 ‘‘(3) after a State has adopted new or revised 

25 enforceable policies and procedures under para26 graphs (1) and (2)— 


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1 ‘‘(A) the State shall submit the policies 

2 and procedures to the Secretary; and 

3 ‘‘(B) the Secretary shall notify the State 

4 whether the Secretary approves or disapproves 

5 the incorporation of the policies and procedures 

6 into the State’s management program pursuant 

7 to section 306(e). 

8 ‘‘(b) ELEMENTS.—New enforceable policies and pro9 cedures developed by coastal States with grants awarded 

10 under this section shall consider, but not be limited to— 

11 ‘‘(1) other existing emergency response plans, 

12 procedures and enforceable policies developed under 

13 other Federal or State law that affect the coastal 

14 zone; 

15 ‘‘(2) identification of critical infrastructure es16 sential to facilitate spill or accident response activi17 ties; 

18 ‘‘(3) identification of coordination, logistics and 

19 communication networks between Federal and State 

20 government agencies, and between State agencies 

21 and affected local communities, to ensure the effi22 cient and timely dissemination of data and other in23 formation; 

24 ‘‘(4) inventories of shore locations and infra25 structure and equipment necessary to respond to oil 


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1 spills or other accidents resulting from Outer Conti2 nental Shelf energy activities; 

3 ‘‘(5) identification and characterization of sig4 nificant or sensitive marine ecosystems or other 

5 areas possessing important conservation, rec6 reational, ecological, historic, or aesthetic values; 

7 ‘‘(6) inventories and surveys of shore locations 

8 and infrastructure capable of supporting alternative 

9 energy development; and 

10 ‘‘(7) other information or actions as may be 

11 necessary. 

12 ‘‘(c) GUIDELINES.—The Secretary shall, within 180 

13 days after the date of enactment of this section and after 

14 consultation with the coastal states, publish guidelines for 

15 the application for and use of grants under this section. 

16 ‘‘(d) PARTICIPATION.—A coastal state shall provide 

17 opportunity for public participation in developing new en18 forceable policies and procedures under this section pursu19 ant to sections 306(d)(1) and 306(e), especially by rel20 evant Federal agencies, other coastal state agencies, local 

21 governments, regional organizations, port authorities, and 

22 other interested parties and stakeholders, public and pri23 vate, that are related to, or affected by Outer Continental 

24 Shelf energy activities. 

25 ‘‘(e) ANNUAL GRANTS.— 


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1 ‘‘(1) IN GENERAL.—For each of fiscal years 

2 2011 through 2015, the Secretary may make a 

3 grant to a coastal state to develop new enforceable 

4 polices and procedures as required under this sec5 tion. 

6 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

7 AWARDS.—The amount of any grant to any one 

8 coastal State under this section shall not exceed 

9 $750,000 for any fiscal year. No coastal state may 

10 receive more than two grants under this section. 

11 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE12 QUIRED.—As it is in the national interest to be able 

13 to respond efficiently and effectively at all levels of 

14 government to oil spills and other accidents resulting 

15 from Outer Continental Shelf energy activities, a 

16 coastal state shall not be required to contribute any 

17 portion of the cost of a grant awarded under this 

18 section. 

19 ‘‘(4) SECRETARIAL REVIEW AND LIMIT ON

20 AWARDS.—After an initial grant is made to a coastal 

21 state under this section, no subsequent grant may be 

22 made to that coastal state under this section unless 

23 the Secretary finds that the coastal state is satisfac24 torily developing revisions to address offshore energy 


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1 impacts. No coastal state is eligible to receive grants 

2 under this section for more than 2 fiscal years. 

3 ‘‘(f) APPLICABILITY.—The requirements of this sec4 tion shall only apply if appropriations are provided to the 

5 Secretary to make grants under this section. This section 

6 shall not be construed to convey any new authority to any 

7 coastal state, or repeal or supersede any existing authority 

8 of any coastal state, to regulate the siting, licensing, leas9 ing, or permitting of energy facilities in areas of the Outer 

10 Continental Shelf under the administration of the Federal 

11 Government. Nothing in this section repeals or supersedes 

12 any existing coastal state authority. 

13 ‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec14 retary as authorized under section 310(a) and to the ex15 tent practicable, shall make available to coastal states the 

16 resources and capabilities of the National Oceanic and At17 mospheric Administration to provide technical assistance 

18 to the coastal states to prepare revisions to approved man19 agement programs to meet the requirements under this 

20 section.’’. 

21 SEC. 706. INFORMATION SHARING. 

22 Section 388(b) of the Energy Policy Act of 2005 (43 

23 U.S.C. 1337 note) is amended by adding at the end the 

24 following: 


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1 ‘‘(4) AVAILABILITY OF DATA AND INFORMA2 TION.—All heads of departments and agencies of the 

3 Federal Government shall, upon request of the Sec4 retary, provide to the Secretary all data and infor5 mation that the Secretary deems necessary for the 

6 purpose of including such data and information in 

7 the mapping initiative, except that no department or 

8 agency of the Federal Government shall be required 

9 to provide any data or information that is privileged 

10 or proprietary.’’. 

11 SEC. 707. LIMITATION ON USE OF FUNDS. 

12 None of the funds authorized or made available by 

13 this Act may be used to carry out any activity or pay any 

14 costs for removal or damages for which a responsible party 

15 (as such term is defined in section 1001 of the Oil Pollu16 tion Act of 1990 (33 U.S.C. 2701)) is liable under the 

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

18 other law. 

19 SEC. 708. ENVIRONMENTAL REVIEW. 

20 Section 390 of the Energy Policy Act of 2005 (Public 

21 Law 109–58; 42 U.S.C. 15942) is repealed. 


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1 SEC. 709. GOVERNMENT ACCOUNTABILITY OFFICE EVALUA2 TION. 

3 (a) EVALUATION.—The Comptroller General shall 

4 conduct an evaluation of the Department of the Interior 

5 to determine— 

6 (1) whether the reforms carried out under this 

7 Act and the amendments made by this Act address 

8 concerns of the Government Accountability Office 

9 and the Inspector General expressed before the date 

10 of enactment of this Act; 

11 (2) whether the increased hiring authority given 

12 to the Secretary of the Interior under this Act and 

13 the amendments made by this Act has resulted in 

14 the Department of the Interior being more effective 

15 in addressing its oversight missions; and 

16 (3) whether there has been a sufficient reduc17 tion in the conflict between mission and interest 

18 within the Department of the Interior. 

19 (b) REPORT.—Not later than 3 years after the date 

20 of enactment of this Act, the Comptroller General shall 

21 submit to Congress a report containing the results of the 

22 evaluation conducted under subsection (a). 

23 SEC. 710. STUDY ON RELIEF WELLS. 

24 Not later than 60 days after the date of enactment 

25 of this Act, the Secretary shall enter into an arrangement 

26 with the National Academy of Engineering under which 


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1 the Academy shall, not later than 1 year after such ar2 rangement is entered into, submit to the Secretary and 

3 to Congress a report that assesses the economic, safety, 

4 and environmental impacts of requiring that 1 or more 

5 relief wells be drilled in tandem with the drilling of some 

6 or all wells subject to the requirements of this Act and 

7 the amendments made by this Act. 

8 SEC. 711. FLOW RATE TECHNICAL GROUP. 

9 (a) ESTABLISHMENT.—Within 180 days after the 

10 date of enactment of this Act, the Secretary, acting 

11 through the Director of the United States Geologic Sur12 vey, shall establish a permanent Flow Rate Technical 

13 Group to develop and maintain expertise in measuring and 

14 estimating flow rates and spill volumes. 

15 (b) MEMBERSHIP.—The Flow Rate Technical Group 

16 shall be chaired by the Director of the United States Geo17 logic Survey and shall include representatives from the 

18 Coast Guard, the National Oceanic and Atmospheric Ad19 ministration, the Department of Energy, the national lab20 oratories, and academic institutions. 

21 (c) APPLICATION OF THE FEDERAL ADVISORY COM22 MITTEE ACT.—The Task Force shall not be considered an 

23 advisory committee under the Federal Advisory Com24 mittee Act (5 U.S.C. App.). 


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1 TITLE VIII—STUDY OF ACTIONS 

2 TO IMPROVE THE ACCURACY 

3 OF COLLECTION OF ROYAL4 TIES 

5 SEC. 801. 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. 802. 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 

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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. 803. 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 IX—OFFSHORE OIL AND 

13 GAS WORKER WHISTLE14 BLOWER PROTECTION 

15 SEC. 901. SHORT TITLE. 

16 This title may be cited as the ‘‘Offshore Oil and Gas 

17 Worker Whistleblower Protection Act of 2011’’. 

18 SEC. 902. 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 02:42 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501

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1 cy officials to receive, investigate, and adjudicate com2 plaints of violations of subsection (a)(1). 

3 SEC. 903. 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.). 

Æ 


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