II 

112TH CONGRESS 

1ST SESSION S. 662 

To provide for payments to certain natural resource trustees to assist in 

restoring natural resources damaged as a result of the Deepwater Horizon oil spill, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2011 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide for payments to certain natural resource trustees 

to assist in restoring natural resources damaged as a 

result of the Deepwater Horizon oil spill, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Natural Resources 

5 Restoration Act of 2011’’. 


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1 SEC. 2. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESS2 MENT. 

3 Title I of the Oil Pollution Act of 1990 (33 U.S.C. 

4 2701 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 1021. DEEPWATER HORIZON OIL SPILL DAMAGE AS7 SESSMENT. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Environ11 mental Protection Agency. 

12 ‘‘(2) DEEPWATER HORIZON OIL SPILL.—The 

13 term ‘Deepwater Horizon Oil Spill’ means the blow14 out and explosion of the mobile offshore drilling unit 

15 Deepwater Horizon that occurred on April 20, 2010, 

16 the resulting hydrocarbon releases into the environ17 ment, and the various response actions that injured 

18 natural resources in the Gulf of Mexico and in State 

19 water and land bordering the Gulf of Mexico. 

20 ‘‘(3) PANEL.—The term ‘panel’ means the 

21 panel established under subsection (b). 

22 ‘‘(4) TRUSTEE.—The term ‘trustee’ means each 

23 of the Federal and State trustees designated under 

24 paragraphs (2) and (3) of section 1006(b) with re25 spect to natural resource damages relating to the 

26 Deepwater Horizon Oil Spill. 


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1 ‘‘(b) DEEPWATER HORIZON OIL SPILL DAMAGE AS2 SESSMENT.— 

3 ‘‘(1) ESTABLISHMENT OF PANEL.—The Admin4 istrator shall enter into an arrangement with the 

5 National Academies under which the National Acad6 emies shall convene, in consultation with the trust7 ees, a panel of scientists with appropriate expertise 

8 to conduct, in coordination with the trustees, a pre9 liminary evaluation of the natural resource damages 

10 from the Deepwater Horizon Oil Spill. 

11 ‘‘(2) REPORT.— 

12 ‘‘(A) IN GENERAL.—Based on the prelimi13 nary evaluation conducted under paragraph (1), 

14 the panel shall prepare a report that includes 

15 an estimate of— 

16 ‘‘(i) the cost for each trustee of— 

17 ‘‘(I) restoring the natural re18 sources under the trusteeship of the 

19 trustee injured by the Deepwater Ho20 rizon Oil Spill; and 

21 ‘‘(II) compensating the trustee 

22 for the loss of natural resource serv23 ices under the trusteeship of the 

24 trustee during the period beginning on 

25 April 20, 2010, and ending on the 


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1 date on which the natural resources 

2 are fully restored; and 

3 ‘‘(ii) the total of the estimated costs 

4 described in clause (i) for all trustees. 

5 ‘‘(B) CONSIDERATIONS.—In preparing the 

6 report under subparagraph (A), the panel shall 

7 consider— 

8 ‘‘(i) the results of the study conducted 

9 under section 2004(3) of the Supplemental 

10 Appropriations Act, 2010 (Public Law 

11 112–212; 124 Stat. 2338); and 

12 ‘‘(ii) any appropriate and available in13 formation that has been generated through 

14 the natural resources damages assessment 

15 being conducted by the trustees under sec16 tion 1006(d) with respect to the Deepwater 

17 Horizon Oil Spill. 

18 ‘‘(C) TIMELINE.— 

19 ‘‘(i) PRELIMINARY DRAFT.—Not later 

20 than 90 days after the date of enactment 

21 of this Act, the panel shall prepare a pre22 liminary draft of the report required under 

23 subparagraph (A). 

24 ‘‘(ii) COMMENT PERIOD.— 


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1 ‘‘(I) IN GENERAL.—In accord2 ance with subclause (II), the panel 

3 shall provide for a comment period 

4 during which the panel shall solicit 

5 from trustees and responsible parties 

6 comments on the preliminary draft re7 port. 

8 ‘‘(II) TIMELINE.—Comments 

9 shall be solicited under subclause (I) 

10 during the 30-day period beginning on 

11 the date of completion of the prelimi12 nary draft report under subparagraph 

13 (A). 

14 ‘‘(iii) FINAL REPORT.—Not later than 

15 30 days after the date on which the com16 ment period ends under clause (ii), the 

17 panel shall— 

18 ‘‘(I) submit to Congress a final 

19 version of the report required under 

20 subparagraph (A); and 

21 ‘‘(II) publish in the Federal Reg22 ister notice that the final report has 

23 been completed. 

24 ‘‘(3) SPECIAL ASSESSMENT.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, in making an assessment 

3 of natural resource damages with respect to the 

4 Deepwater Horizon Oil Spill under paragraph 

5 (1) or (2) of section 1006(c), a trustee shall in6 clude a special assessment in an amount that is 

7 equal to— 

8 ‘‘(i) 30 percent of the cost of restoring 

9 the natural resources under the trusteeship 

10 of the trustee injured by the Deepwater 

11 Horizon Oil Spill and compensating the 

12 trustee for the loss natural resource serv13 ices under the trusteeship of the trustee 

14 during the period beginning on April 20, 

15 2010, and ending on the date on which the 

16 natural resources are fully restored, as es17 timated in the report prepared under para18 graph (2); or 

19 ‘‘(ii) an amount mutually agreed to by 

20 the responsible parties and the trustees. 

21 ‘‘(B) PAYMENT OF SPECIAL ASSESS22 MENT.—The responsible parties shall be respon23 sible for paying the amounts assessed under 

24 subparagraph (A), in accordance with the provi25 sions of this Act. 


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1 ‘‘(C) USE.— 

2 ‘‘(i) IN GENERAL.—Any amounts as3 sessed under subparagraph (A) shall be 

4 used by a trustee to conduct projects to re5 store natural resources injured by the 

6 Deepwater Horizon Oil Spill. 

7 ‘‘(ii) APPLICABLE LAW.—Any activi8 ties carried out by the trustees using 

9 amounts assessed under subparagraph (A) 

10 shall be carried out in accordance with ap11 plicable laws (including regulations) relat12 ing to natural resource damages assess13 ment and restoration, including laws relat14 ing to public participation. 

15 ‘‘(D) CREDITS.—There shall be credited 

16 toward any other natural resource damages as17 sessed against the responsible parties for the 

18 Deepwater Horizon Oil Spill, in accordance 

19 with applicable laws (including regulations) any 

20 amounts assessed under subparagraph (A). 

21 ‘‘(E) REGULATIONS.—As soon as prac22 ticable after the date of enactment of this sec23 tion, the Administrator shall promulgate regula24 tions establishing a program under which re25 sponsible parties can purchase credits for the 


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1 cost of any projects carried out by a trustee 

2 under subparagraph (C)(i).’’. 

Æ 


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