II 

111TH CONGRESS 

2D SESSION S. 3516 

To amend the Outer Continental Shelf Lands Act to reform the management 

of energy and mineral resources on the Outer Continental Shelf, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2010 

Mr. BINGAMAN (for himself, Ms. MURKOWSKI, and Mr. DORGAN) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to reform 

the management of energy and mineral resources on 

the Outer Continental Shelf, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Outer Continental Shelf Reform Act of 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 


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Sec. 4. National policy for the outer Continental Shelf. 

Sec. 5. Structural reform of outer Continental Shelf program management. 

Sec. 6. Safety, environmental, and financial reform of the Outer Continental 

Shelf Lands Act. 

Sec. 7. Reform of other laws. 

Sec. 8. Savings provisions. 

Sec. 9. Budgetary effects. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to rationalize and reform the responsibilities 

4 of the Secretary of the Interior with respect to the 

5 management of the outer Continental Shelf in order 

6 to improve the management, oversight, account7 ability, safety, and environmental protection of all 

8 the resources on the outer Continental Shelf; 

9 (2) to provide independent development and en10 forcement of safety and environmental laws (includ11 ing regulations) governing— 

12 (A) energy development and mineral ex13 traction activities on the outer Continental 

14 Shelf; and 

15 (B) related offshore activities; and 

16 (3) to ensure a fair return to the taxpayer 

17 from, and independent management of, royalty and 

18 revenue collection and disbursement activities from 

19 mineral and energy resources. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 


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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of the Interior. 

3 (2) OUTER CONTINENTAL SHELF.—The term 

4 ‘‘outer Continental Shelf’’ has the meaning given the 

5 term in section 2 of the Outer Continental Shelf 

6 Lands Act (43 U.S.C. 1331). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 SEC. 4. NATIONAL POLICY FOR THE OUTER CONTINENTAL 

10 SHELF. 

11 Section 3 of the Outer Continental Shelf Lands Act 

12 (43 U.S.C. 1332) is amended— 

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

14 following: 

15 ‘‘(3) the outer Continental Shelf is a vital na16 tional resource reserve held by the Federal Govern17 ment for the public, which should be managed in a 

18 manner that recognizes— 

19 ‘‘(A) the need of the United States for do20 mestic sources of energy, food, minerals, and 

21 other resources; 

22 ‘‘(B) the potential impacts of development 

23 of those resources on the marine and coastal 

24 environment and on human health and safety; 

25 and 


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

2 United States of the balanced and orderly man3 agement of those resources that safeguards the 

4 environment and respects the multiple values 

5 and uses of the outer Continental Shelf;’’; 

6 (2) in paragraph (4)(C), by striking the period 

7 at the end and inserting a semicolon; 

8 (3) in paragraph (5), by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (4) by redesignating paragraph (6) as para11 graph (7); 

12 (5) by inserting after paragraph (5) the fol13 lowing: 

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

15 of energy and minerals on the outer Continental 

16 Shelf should be allowed only when those activities 

17 can be accomplished in a manner that provides rea18 sonable assurance of adequate protection against 

19 harm to life, health, the environment, property, or 

20 other users of the waters, seabed, or subsoil; and’’; 

21 and 

22 (6) in paragraph (7) (as so redesignated)— 

23 (A) by striking ‘‘should be’’ and inserting 

24 ‘‘shall be’’; and 


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1 (B) by adding ‘‘best available’’ after 

2 ‘‘using’’. 

3 SEC. 5. STRUCTURAL REFORM OF OUTER CONTINENTAL 

4 SHELF PROGRAM MANAGEMENT. 

5 (a) IN GENERAL.—The Outer Continental Shelf 

6 Lands Act (43 U.S.C. 1331 et seq.) is amended by adding 

7 to the end the following: 

8 ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CONTINENTAL 

9 SHELF PROGRAM MANAGEMENT. 

10 ‘‘(a) LEASING, PERMITTING, AND REGULATION BU11 REAUS.— 

12 ‘‘(1) ESTABLISHMENT OF BUREAUS.— 

13 ‘‘(A) IN GENERAL.—Subject to the discre14 tion granted by Reorganization Plan Number 3 

15 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), 

16 the Secretary shall establish in the Department 

17 of the Interior not more than 2 bureaus to 

18 carry out the leasing, permitting, and safety 

19 and environmental regulatory functions vested 

20 in the Secretary by this Act and the Federal Oil 

21 and Gas Royalty Management Act of 1982 (30 

22 U.S.C. 1701 et seq.) related to the outer Conti23 nental Shelf. 

24 ‘‘(B) CONFLICTS OF INTEREST.—In estab25 lishing the bureaus under subparagraph (A), 


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1 the Secretary shall ensure, to the maximum ex2 tent practicable, that any potential organiza3 tional conflicts of interest related to leasing, 

4 revenue creation, environmental protection, and 

5 safety are eliminated. 

6 ‘‘(2) DIRECTOR.—Each bureau shall be headed 

7 by a Director, who shall be appointed by the Presi8 dent, by and with the advice and consent of the Sen9 ate. 

10 ‘‘(3) COMPENSATION.—Each Director shall be 

11 compensated at the rate provided for level V of the 

12 Executive Schedule under section 5316 of title 5, 

13 United States Code. 

14 ‘‘(4) QUALIFICATIONS.—Each Director shall be 

15 a person who, by reason of professional background 

16 and demonstrated ability and experience, is specially 

17 qualified to carry out the duties of the office. 

18 ‘‘(b) ROYALTY AND REVENUE OFFICE.— 

19 ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to 

20 the discretion granted by Reorganization Plan Num21 ber 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), 

22 the Secretary shall establish in the Department of 

23 the Interior an office to carry out the royalty and 

24 revenue management functions vested in the Sec25 retary by this Act and the Federal Oil and Gas RoyVerDate Mar 15 2010 21:08 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3516.IS S3516

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1 alty Management Act of 1982 (30 U.S.C. 1701 et 

2 seq.). 

3 ‘‘(2) DIRECTOR.—The office established under 

4 paragraph (1) shall be headed by a Director, who 

5 shall be appointed by the President, by and with the 

6 advice and consent of the Senate. 

7 ‘‘(3) COMPENSATION.—The Director shall be 

8 compensated at the rate provided for level V of the 

9 Executive Schedule under section 5316 of title 5, 

10 United States Code. 

11 ‘‘(4) QUALIFICATIONS.—The Director shall be a 

12 person who, by reason of professional background 

13 and demonstrated ability and experience, is specially 

14 qualified to carry out the duties of the office. 

15 ‘‘(c) OCS SAFETY AND ENVIRONMENTAL ADVISORY

16 BOARD.— 

17 ‘‘(1) ESTABLISHMENT.—The Secretary shall es18 tablish, under the Federal Advisory Committee Act 

19 (5 U.S.C. App.), an Outer Continental Shelf Safety 

20 and Environmental Advisory Board (referred to in 

21 this subsection as the ‘Board’), to provide the Sec22 retary and the Directors of the bureaus established 

23 under this section with independent scientific and 

24 technical advice on safe and environmentally compliVerDate Mar 15 2010 21:08 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3516.IS S3516

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1 ant energy and mineral resource exploration, devel2 opment, and production activities. 

3 ‘‘(2) MEMBERSHIP.— 

4 ‘‘(A) SIZE.— 

5 ‘‘(i) IN GENERAL.—The Board shall 

6 consist of not more than 12 members, cho7 sen to reflect a range of expertise in sci8 entific, engineering, management, and 

9 other disciplines related to safe and envi10 ronmentally compliant energy and mineral 

11 resource exploration, development, and 

12 production activities. 

13 ‘‘(ii) CONSULTATION.—The Secretary 

14 shall consult with the National Academy of 

15 Sciences and the National Academy of En16 gineering to identify potential candidates 

17 for membership on the Board. 

18 ‘‘(B) TERM.—The Secretary shall appoint 

19 Board members to staggered terms of not more 

20 than 4 years, and shall not appoint a member 

21 for more than 2 consecutive terms. 

22 ‘‘(C) CHAIR.—The Secretary shall appoint 

23 the Chair for the Board. 

24 ‘‘(3) MEETINGS.—The Board shall— 


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1 ‘‘(A) meet not less than 3 times per year; 

2 and 

3 ‘‘(B) at least once per year, shall host a 

4 public forum to review and assess the overall 

5 safety and environmental performance of outer 

6 Continental Shelf energy and mineral resource 

7 activities. 

8 ‘‘(4) REPORTS.—Reports of the Board shall— 

9 ‘‘(A) be submitted to Congress; and 

10 ‘‘(B) made available to the public in an 

11 electronically accessible form. 

12 ‘‘(5) TRAVEL EXPENSES.—Members of the 

13 Board, other than full-time employees of the Federal 

14 Government, while attending a meeting of the Board 

15 or while otherwise serving at the request of the Sec16 retary or the Director while serving away from their 

17 homes or regular places of business, may be allowed 

18 travel expenses, including per diem in lieu of subsist19 ence, as authorized by section 5703 of title 5, 

20 United States Code, for individuals in the Federal 

21 Government serving without pay. 

22 ‘‘(d) SPECIAL PERSONNEL AUTHORITIES.— 

23 ‘‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL

24 PERSONNEL.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tions 3104, 3304, and 3309 through 3318 of 

3 title 5, United States Code, the Secretary may, 

4 upon a determination that there is a severe 

5 shortage of candidates or a critical hiring need 

6 for particular positions, recruit and directly ap7 point highly qualified accountants, scientists, 

8 engineers, or critical technical personnel into 

9 the competitive service, as officers or employees 

10 of any of the organizational units established 

11 under this section. 

12 ‘‘(B) REQUIREMENTS.—In exercising the 

13 authority granted under subparagraph (A), the 

14 Secretary shall ensure that any action taken by 

15 the Secretary— 

16 ‘‘(i) is consistent with the merit prin17 ciples of chapter 23 of title 5, United 

18 States Code; and 

19 ‘‘(ii) complies with the public notice 

20 requirements of section 3327 of title 5, 

21 United States Code. 

22 ‘‘(2) CRITICAL PAY AUTHORITY.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding sec24 tion 5377 of title 5, United States Code, and 

25 without regard to the provisions of that title 


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1 governing appointments in the competitive serv2 ice or the Senior Executive Service and chap3 ters 51 and 53 of that title (relating to classi4 fication and pay rates), the Secretary may es5 tablish, fix the compensation of, and appoint in6 dividuals to critical positions needed to carry 

7 out the functions of any of the organizational 

8 units established under this section, if the Sec9 retary certifies that— 

10 ‘‘(i) the positions— 

11 ‘‘(I) require expertise of an ex12 tremely high level in a scientific or 

13 technical field; and 

14 ‘‘(II) any of the organizational 

15 units established in this section would 

16 not successfully accomplish an impor17 tant mission without such an indi18 vidual; and 

19 ‘‘(ii) exercise of the authority is nec20 essary to recruit an individual exceptionally 

21 well qualified for the position. 

22 ‘‘(B) LIMITATIONS.—The authority grant23 ed under subparagraph (A) shall be subject to 

24 the following conditions: 


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1 ‘‘(i) The number of critical positions 

2 authorized by subparagraph (A) may not 

3 exceed 40 at any 1 time in either of the 

4 bureaus established under this section. 

5 ‘‘(ii) The term of an appointment 

6 under subparagraph (A) may not exceed 4 

7 years. 

8 ‘‘(iii) An individual appointed under 

9 subparagraph (A) may not have been an 

10 employee of the Department of the Interior 

11 during the 2-year period prior to the date 

12 of appointment. 

13 ‘‘(iv) Total annual compensation for 

14 any individual appointed under subpara15 graph (A) may not exceed the highest total 

16 annual compensation payable at the rate 

17 determined under section 104 of title 3, 

18 United States Code. 

19 ‘‘(v) An individual appointed under 

20 subparagraph (A) may not be considered 

21 to be an employee for purposes of sub22 chapter II of chapter 75 of title 5, United 

23 States Code. 

24 ‘‘(C) NOTIFICATION.—Each year, the Sec25 retary shall submit to Congress a notification 


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1 that lists each individual appointed under this 

2 paragraph. 

3 ‘‘(3) REEMPLOYMENT OF CIVILIAN RETIR4 EES.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding part 

6 553 of title 5, Code of Federal Regulations (re7 lating to reemployment of civilian retirees to 

8 meet exceptional employment needs), or suc9 cessor regulations, the Secretary may approve 

10 the reemployment of an individual to a par11 ticular position without reduction or termi12 nation of annuity if the hiring of the individual 

13 is necessary to carry out a critical function of 

14 any of the organizational units established 

15 under this section for which suitably qualified 

16 candidates do not exist. 

17 ‘‘(B) LIMITATIONS.—An annuitant hired 

18 with full salary and annuities under the author19 ity granted by subparagraph (A)— 

20 ‘‘(i) shall not be considered an em21 ployee for purposes of subchapter III of 

22 chapter 83 and chapter 84 of title 5, 

23 United States Code; 


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1 ‘‘(ii) may not elect to have retirement 

2 contributions withheld from the pay of the 

3 annuitant; 

4 ‘‘(iii) may not use any employment 

5 under this paragraph as a basis for a sup6 plemental or recomputed annuity; and 

7 ‘‘(iv) may not participate in the Thrift 

8 Savings Plan under subchapter III of 

9 chapter 84 of title 5, United States Code. 

10 ‘‘(C) LIMITATION ON TERM.—The term of 

11 employment of any individual hired under sub12 paragraph (A) may not exceed an initial term 

13 of 2 years, with an additional 2-year appoint14 ment under exceptional circumstances. 

15 ‘‘(e) CONTINUITY OF AUTHORITY.—Subject to the 

16 discretion granted by Reorganization Plan Number 3 of 

17 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), any reference 

18 in any law, rule, regulation, directive, or instruction, or 

19 certificate or other official document, in force immediately 

20 prior to the date of enactment of this section— 

21 ‘‘(1) to the Minerals Management Service that 

22 pertains to any of the duties and authorities de23 scribed in this section shall be deemed to refer and 

24 apply to the appropriate bureaus and offices estab25 lished under this section; 


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1 ‘‘(2) to the Director of the Minerals Manage2 ment Service that pertains to any of the duties and 

3 authorities described in this section shall be deemed 

4 to refer and apply to the Director of the bureau or 

5 office under this section to whom the Secretary has 

6 assigned the respective duty or authority; and 

7 ‘‘(3) to any other position in the Minerals Man8 agement Service that pertains to any of the duties 

9 and authorities described in this section shall be 

10 deemed to refer and apply to that same or equiva11 lent position in the appropriate bureau or office es12 tablished under this section.’’. 

13 (b) CONFORMING AMENDMENT.—Section 5316 of 

14 title 5, United States Code, is amended by striking ‘‘Direc15 tor, Bureau of Mines, Department of the Interior’’ and 

16 inserting the following: 

17 ‘‘Bureau Directors, Department of the Interior 

18 (2). 

19 ‘‘Director, Royalty and Revenue Office, Depart20 ment of the Interior.’’. 


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1 SEC. 6. SAFETY, ENVIRONMENTAL, AND FINANCIAL RE2 FORM OF THE OUTER CONTINENTAL SHELF 

3 LANDS ACT. 

4 (a) DEFINITIONS.—Section 2 of the Outer Conti5 nental Shelf Lands Act (43 U.S.C. 1331) is amended by 

6 adding at the end the following: 

7 ‘‘(r) SAFETY CASE.—The term ‘safety case’ means 

8 a body of evidence that provides a basis for determining 

9 whether a system is adequately safe for a given application 

10 in a given environment.’’. 

11 (b) ADMINISTRATION OF LEASING.—Section 5(a) of 

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

13 1334(a)) is amended in the second sentence— 

14 (1) by striking ‘‘The Secretary may at any 

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

16 (2) by inserting after ‘‘provide for’’ the fol17 lowing: ‘‘operational safety, the protection of the ma18 rine and coastal environment,’’. 

19 (c) MAINTENANCE OF LEASES.—Section 6 of the 

20 Outer Continental Shelf Lands Act (43 U.S.C. 1335) is 

21 amended by adding at the end the following: 

22 ‘‘(f) REVIEW OF BOND AND SURETY AMOUNTS.— 

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

24 the Secretary shall— 

25 ‘‘(1) review the minimum bond amounts for 

26 mineral leases under subsection (a)(11); and 


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1 ‘‘(2) set any bonds, surety, or other evidence of 

2 financial responsibility required in amounts adequate 

3 to permit lessees to fulfill all obligations under this 

4 Act or the Oil Pollution Act of 1990 (33 U.S.C. 

5 2701 et seq.). 

6 ‘‘(g) PERIODIC FISCAL REVIEWS AND REPORTS.— 

7 ‘‘(1) ROYALTY RATES.— 

8 ‘‘(A) IN GENERAL.—Not later than 1 year 

9 after the date of enactment of this subsection 

10 and every 3 years thereafter, the Secretary shall 

11 carry out a review of, and prepare a report that 

12 describes— 

13 ‘‘(i) the royalty and rental rates in14 cluded in new offshore oil and gas leases 

15 and the rationale for the rates; 

16 ‘‘(ii) whether, in the view of the Sec17 retary, the royalty and rental rates de18 scribed in subparagraph (A) would yield a 

19 fair return to the public while promoting 

20 the production of oil and gas resources in 

21 a timely manner; and 

22 ‘‘(iii) whether, based on the review, 

23 the Secretary intends to modify the royalty 

24 or rental rates. 


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1 ‘‘(B) PUBLIC PARTICIPATION.—In carrying 

2 out a review and preparing a report under sub3 paragraph (A), the Secretary shall provide to 

4 the public an opportunity to participate. 

5 ‘‘(2) COMPARATIVE REVIEW OF FISCAL SYS6 TEM.— 

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

8 after the date of enactment of this subsection 

9 and every 5 years thereafter, the Secretary in 

10 consultation with the Secretary of the Treasury, 

11 shall carry out a comprehensive review of all 

12 components of the Federal offshore oil and gas 

13 fiscal system, including requirements for bonus 

14 bids, rental rates, royalties, oil and gas taxes, 

15 and oil and gas fees. 

16 ‘‘(B) INCLUSIONS.—The review shall in17 clude— 

18 ‘‘(i) information and analyses com19 paring the offshore bonus bids, rents, roy20 alties, taxes, and fees of the Federal Gov21 ernment to the offshore bonus bids, rents, 

22 royalties, taxes, and fees of other resource 

23 owners (including States and foreign coun24 tries); and 


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1 ‘‘(ii) an assessment of the overall off2 shore oil and gas fiscal system in the 

3 United States, as compared to foreign 

4 countries. 

5 ‘‘(C) INDEPENDENT ADVISORY COM6 MITTEE.—In carrying out a review under this 

7 paragraph, the Secretary shall convene and seek 

8 the advice of an independent advisory com9 mittee comprised of oil and gas and fiscal ex10 perts from States, Indian tribes, academia, the 

11 energy industry, and appropriate nongovern12 mental organizations. 

13 ‘‘(D) REPORT.—The Secretary shall pre14 pare a report that contains— 

15 ‘‘(i) the contents and results of the re16 view carried out under this paragraph for 

17 the period covered by the report; and 

18 ‘‘(ii) any recommendations of the Sec19 retary and the Secretary of the Treasury 

20 based on the contents and results of the 

21 review. 

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

23 days after the date on which the Secretary completes 

24 each report under this subsection, the Secretary 

25 shall submit copies of the report to— 


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1 ‘‘(A) the Committee on Energy and Nat2 ural Resources of the Senate; 

3 ‘‘(B) the Committee on Finance of the 

4 Senate; 

5 ‘‘(C) the Committee on Natural Resources 

6 of the House of Representatives; and 

7 ‘‘(D) the Committee on Ways and Means 

8 of the House of Representatives.’’. 

9 (d) LEASES, EASEMENTS, AND RIGHTS-OF-WAY.— 

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

11 U.S.C. 1337) is amended by striking subsection (d) and 

12 inserting the following: 

13 ‘‘(d) DISQUALIFICATION FROM BIDDING.—No bid 

14 for a lease may be submitted by any entity that the Sec15 retary finds, after notice and opportunity for a hearing— 

16 ‘‘(1) is not meeting due diligence, safety, or en17 vironmental requirements on other leases; or 

18 ‘‘(2)(A) is a responsible party for a vessel or a 

19 facility from which oil is discharged, for purposes of 

20 section 1002 of the Oil Pollution Act of 1990 (33 

21 U.S.C. 2702); and 

22 ‘‘(B) has failed to meet the obligations of the 

23 responsible party under that Act to provide com24 pensation for covered removal costs and damages.’’. 


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1 (e) EXPLORATION PLANS.—Section 11 of the Outer 

2 Continental Shelf Lands Act (43 U.S.C. 1340) is amend3 ed— 

4 (1) in subsection (c)— 

5 (A) in the fourth sentence of paragraph 

6 (1), by striking ‘‘within thirty days of its sub7 mission’’ and inserting ‘‘by the deadline de8 scribed in paragraph (5)’’; 

9 (B) by striking paragraph (3) and insert10 ing the following: 

11 ‘‘(3) MINIMUM REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—An exploration plan 

13 submitted under this subsection shall include, 

14 in such degree of detail as the Secretary by reg15 ulation may require— 

16 ‘‘(i) a complete description and sched17 ule of the exploration activities to be un18 dertaken; 

19 ‘‘(ii) a description of the equipment to 

20 be used for the exploration activities, in21 cluding— 

22 ‘‘(I) a description of the drilling 

23 unit; 


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1 ‘‘(II) a statement of the design 

2 and condition of major safety-related 

3 pieces of equipment; 

4 ‘‘(III) a description of any new 

5 technology to be used; and 

6 ‘‘(IV) a statement demonstrating 

7 that the equipment to be used meets 

8 the best available technology require9 ments under section 21(b); 

10 ‘‘(iii) a map showing the location of 

11 each well to be drilled; 

12 ‘‘(iv)(I) a scenario for the potential 

13 blowout of the well involving the highest 

14 potential volume of liquid hydrocarbons; 

15 and 

16 ‘‘(II) a complete description of a re17 sponse plan to control the blowout and 

18 manage the accompanying discharge of hy19 drocarbons, including— 

20 ‘‘(aa) the technology and timeline 

21 for regaining control of the well; and 

22 ‘‘(bb) the strategy, organization, 

23 and resources necessary to avoid harm 

24 to the environment and human health 

25 from hydrocarbons; and 


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1 ‘‘(v) any other information determined 

2 to be relevant by the Secretary. 

3 ‘‘(B) DEEPWATER WELLS.— 

4 ‘‘(i) IN GENERAL.—Before conducting 

5 exploration activities in water depths 

6 greater than 500 feet, the holder of a lease 

7 shall submit to the Secretary for approval 

8 a deepwater operations plan prepared by 

9 the lessee in accordance with this subpara10 graph. 

11 ‘‘(ii) TECHNOLOGY REQUIREMENTS.— 

12 A deepwater operations plan under this 

13 subparagraph shall be based on the best 

14 available technology to ensure safety in 

15 carrying out the exploration activity and 

16 the blowout response plan. 

17 ‘‘(iii) SYSTEMS ANALYSIS RE18 QUIRED.—The Secretary shall not approve 

19 a deepwater operations plan under this 

20 subparagraph unless the plan includes a 

21 technical systems analysis of— 

22 ‘‘(I) the safety of the proposed 

23 exploration activity; 

24 ‘‘(II) the blowout prevention 

25 technology; and 


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1 ‘‘(III) the blowout and spill re2 sponse plans.’’; and 

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

4 ‘‘(5) DEADLINE FOR APPROVAL.— 

5 ‘‘(A) IN GENERAL.—In the case of a lease 

6 issued under a sale held after March 17, 2010, 

7 the deadline for approval of an exploration plan 

8 referred to in the fourth sentence of paragraph 

9 (1) is— 

10 ‘‘(i) the date that is 90 days after the 

11 date on which the plan or the modifica12 tions to the plan are submitted; or 

13 ‘‘(ii) the date that is not later than an 

14 additional 180 days after the deadline de15 scribed in clause (i), if the Secretary 

16 makes a finding that additional time is 

17 necessary to complete any environmental, 

18 safety, or other reviews. 

19 ‘‘(B) EXISTING LEASES.—In the case of a 

20 lease issued under a sale held on or before 

21 March 17, 2010, the Secretary, with the con22 sent of the holder of the lease, may extend the 

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1 essary to complete any environmental, safety, or 

2 other reviews.’’; 

3 (2) by resdesignating subsections (e) through 

4 (h) as subsections (f) through (i), respectively; and 

5 (3) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) DRILLING PERMITS.— 

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

9 regulation, require that any lessee operating under 

10 an approved exploration plan obtain a permit— 

11 ‘‘(A) before the lessee drills a well in ac12 cordance with the plan; and 

13 ‘‘(B) before the lessee significantly modi14 fies the well design originally approved by the 

15 Secretary. 

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

17 Secretary may not grant any drilling permit until 

18 the date of completion of a full engineering review 

19 of the well system, including a determination that— 

20 ‘‘(A) critical safety systems (including 

21 blowout prevention) will use best available tech22 nology; and 

23 ‘‘(B) blowout prevention systems will in24 clude redundancy and remote triggering capa25 bility. 


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1 ‘‘(3) MODIFICATION REVIEW REQUIRED.—The 

2 Secretary may not approve any modification of a 

3 permit without a determination, after an additional 

4 engineering review, that the modification will not de5 grade the safety of the well system previously ap6 proved. 

7 ‘‘(4) OPERATOR SAFETY AND ENVIRONMENTAL

8 MANAGEMENT REQUIRED.—The Secretary may not 

9 grant any drilling permit or modification of the per10 mit until the date of completion and approval of a 

11 safety and environmental management plan that— 

12 ‘‘(A) is to be used by the operator during 

13 all well operations; and 

14 ‘‘(B) includes— 

15 ‘‘(i) a description of the expertise and 

16 experience level of crew members who will 

17 be present on the rig; and 

18 ‘‘(ii) designation of at least 2 environ19 mental and safety managers that— 

20 ‘‘(I) are employees of the oper21 ator; 

22 ‘‘(II) would be present on the rig 

23 at all times; and 

24 ‘‘(III) have overall responsibility 

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1 agement of the well system and spill 

2 response plan; and 

3 ‘‘(C) not later than May 1, 2012, requires 

4 that all employees on the rig meet the training 

5 and experience requirements under section 

6 21(b)(4). 

7 ‘‘(e) DISAPPROVAL OF EXPLORATION PLAN.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall dis9 approve an exploration plan submitted under this 

10 section if the Secretary determines that, because of 

11 exceptional geological conditions in the lease areas, 

12 exceptional resource values in the marine or coastal 

13 environment, or other exceptional circumstances, 

14 that— 

15 ‘‘(A) implementation of the exploration 

16 plan would probably cause serious harm or 

17 damage to life (including fish and other aquatic 

18 life), property, mineral deposits, national secu19 rity or defense, or the marine, coastal or human 

20 environments; 

21 ‘‘(B) the threat of harm or damage would 

22 not disappear or decrease to an acceptable ex23 tent within a reasonable period of time; and 


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1 ‘‘(C) the advantages of disapproving the 

2 exploration plan outweigh the advantages of ex3 ploration. 

4 ‘‘(2) COMPENSATION.—If an exploration plan is 

5 disapproved under this subsection, the provisions of 

6 subparagraphs (B) and (C) of section 25(h)(2) shall 

7 apply to the lease and the plan or any modified plan, 

8 except that the reference in section 25(h)(2)(C) to a 

9 development and production plan shall be considered 

10 to be a reference to an exploration plan.’’. 

11 (f) OUTER CONTINENTAL SHELF LEASING PRO12 GRAM.—Section 18 of the Outer Continental Shelf Lands 

13 Act (43 U.S.C. 1344) is amended— 

14 (1) in subsection (a)— 

15 (A) in the second sentence, by inserting 

16 after ‘‘national energy needs’’ the following: 

17 ‘‘and the need for the protection of the marine 

18 and coastal environment and resources’’; 

19 (B) in paragraph (1), by striking ‘‘con20 siders’’ and inserting ‘‘gives equal consideration 

21 to’’; and 

22 (C) in paragraph (3), by striking ‘‘, to the 

23 maximum extent practicable,’’; 

24 (2) in subsection (b)— 


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1 (A) in paragraph (3), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (4), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

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

7 the exploration plan and a systems review of the 

8 safety of the well design and other operational deci9 sions; 

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

12 ‘‘(7) enforce all applicable laws (including regu13 lations).’’; 

14 (3) in the second sentence of subsection (d)(2), 

15 by inserting ‘‘, the head of an interested Federal 

16 agency,’’ after ‘‘Attorney General’’; 

17 (4) in the first sentence of subsection (g), by in18 serting before the period at the end the following: ‘‘, 

19 including existing inventories and mapping of ma20 rine resources previously undertaken by the Depart21 ment of the Interior and the National Oceanic and 

22 Atmospheric Administration, information provided 

23 by the Department of Defense, and other available 

24 data regarding energy or mineral resource potential, 

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1 reational uses, habitat, conservation, and military 

2 uses on the outer Continental Shelf’’; and 

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

4 ‘‘(i) RESEARCH AND DEVELOPMENT.— 

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

6 out a program of research and development to en7 sure the continued improvement of methodologies for 

8 characterizing resources of the outer Continental 

9 Shelf and conditions that may affect the ability to 

10 develop and use those resources in a safe, sound, 

11 and environmentally responsible manner. 

12 ‘‘(2) INCLUSIONS.—Research and development 

13 activities carried out under paragraph (1) may in14 clude activities to provide accurate estimates of en15 ergy and mineral reserves and potential on the outer 

16 Continental Shelf and any activities that may assist 

17 in filling gaps in environmental data needed to de18 velop each leasing program under this section. 

19 ‘‘(3) LEASING ACTIVITIES.—Research and de20 velopment activities carried out under paragraph (1) 

21 shall not be considered to be leasing or pre-leasing 

22 activities for purposes of this Act.’’. 

23 (g) ENVIRONMENTAL STUDIES.—Section 20 of the 

24 Outer Continental Shelf Lands Act (43 U.S.C. 1346) is 

25 amended— 


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1 (1) by redesignating subsections (a) through (f) 

2 as subsections (b) through (g), respectively; 

3 (2) by inserting before subsection (b) (as so re4 designated) the following: 

5 ‘‘(a) COMPREHENSIVE AND INDEPENDENT STUD6 IES.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall develop 

8 and carry out programs for the collection, evalua9 tion, assembly, analysis, and dissemination of envi10 ronmental and other resource data that are relevant 

11 to carrying out the purposes of this Act. 

12 ‘‘(2) SCOPE OF RESEARCH.—The programs 

13 under this subsection shall include— 

14 ‘‘(A) the gathering of baseline data in 

15 areas before energy or mineral resource devel16 opment activities occur; 

17 ‘‘(B) ecosystem research and monitoring 

18 studies to support integrated resource manage19 ment decisions; and 

20 ‘‘(C) the improvement of scientific under21 standing of the fate, transport, and effects of 

22 discharges and spilled materials, including deep 

23 water hydrocarbon spills, in the marine environ24 ment. 


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1 ‘‘(3) USE OF DATA.—The Secretary shall en2 sure that information from the studies carried out 

3 under this section— 

4 ‘‘(A) informs the management of energy 

5 and mineral resources on the outer Continental 

6 Shelf including any areas under consideration 

7 for oil and gas leasing; and 

8 ‘‘(B) contributes to a broader coordination 

9 of energy and mineral resource development ac10 tivities within the context of best available 

11 science. 

12 ‘‘(4) INDEPENDENCE.—The Secretary shall cre13 ate a program within the appropriate bureau estab14 lished under section 32 that shall— 

15 ‘‘(A) be programmatically separate and 

16 distinct from the leasing program; 

17 ‘‘(B) carry out the environmental studies 

18 under this section; 

19 ‘‘(C) conduct additional environmental 

20 studies relevant to the sound management of 

21 energy and mineral resources on the outer Con22 tinental Shelf; 

23 ‘‘(D) provide for external scientific review 

24 of studies under this section, including through 


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1 appropriate arrangements with the National 

2 Academy of Sciences; and 

3 ‘‘(E) subject to the restrictions of sub4 sections (g) and (h) of section 18, make avail5 able to the public studies conducted and data 

6 gathered under this section.’’; and 

7 (3) in the first sentence of subsection (b)(1) (as 

8 so redesignated), by inserting ‘‘every 3 years’’ after 

9 ‘‘shall conduct’’. 

10 (h) SAFETY RESEARCH AND REGULATIONS.—Section 

11 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 

12 1347) is amended— 

13 (1) in the first sentence of subsection (a), by 

14 striking ‘‘Upon the date of enactment of this sec15 tion,’’ and inserting ‘‘Not later than May 1, 2011, 

16 and every 3 years thereafter,’’; 

17 (2) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) BEST AVAILABLE TECHNOLOGIES AND PRAC20 TICES.— 

21 ‘‘(1) IN GENERAL.—In exercising respective re22 sponsibilities under this Act, the Secretary, and the 

23 Secretary of the Department in which the Coast 

24 Guard is operating, shall require, on all new drilling 

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1 tent practicable, on existing operations, the use of 

2 the best available and safest technologies and prac3 tices, if the failure of equipment would have a sig4 nificant effect on safety, health, or the environment. 

5 ‘‘(2) IDENTIFICATION OF BEST AVAILABLE

6 TECHNOLOGIES.—Not later than May 1, 2011, and 

7 not later than every 3 years thereafter, the Secretary 

8 shall identify and publish an updated list of best 

9 available technologies for key areas of well design 

10 and operation, including blowout prevention and 

11 blowout and oil spill response. 

12 ‘‘(3) SAFETY CASE.—Not later than May 1, 

13 2011, the Secretary shall promulgate regulations re14 quiring a safety case be submitted along with each 

15 new application for a permit to drill on the outer 

16 Continental Shelf. 

17 ‘‘(4) EMPLOYEE TRAINING.— 

18 ‘‘(A) IN GENERAL.—Not later than May 1, 

19 2011, the Secretary shall promulgate regula20 tions setting standards for training for all 

21 workers on offshore facilities (including mobile 

22 offshore drilling units) conducting energy and 

23 mineral resource exploration, development, and 

24 production operations on the outer Continental 

25 Shelf. 


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1 ‘‘(B) REQUIREMENTS.—The training 

2 standards under this paragraph shall require 

3 that employers of workers described in subpara4 graph (A)— 

5 ‘‘(i) establish training programs ap6 proved by the Secretary; and 

7 ‘‘(ii) demonstrate that employees in8 volved in the offshore operations meet 

9 standards that demonstrate the aptitude of 

10 the employees in critical technical skills. 

11 ‘‘(C) EXPERIENCE.—The training stand12 ards under this section shall require that any 

13 offshore worker with less than 5 years of ap14 plied experience in offshore facilities operations 

15 pass a certification requirement after receiving 

16 the appropriate training. 

17 ‘‘(D) MONITORING TRAINING COURSES.— 

18 The Secretary shall ensure that Department 

19 employees responsible for inspecting offshore fa20 cilities monitor, observe, and report on training 

21 courses established under this paragraph, in22 cluding attending a representative number of 

23 the training sessions, as determined by the Sec24 retary.’’; and 

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


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1 ‘‘(g) TECHNOLOGY RESEARCH AND RISK ASSESS2 MENT PROGRAM.— 

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

4 out a program of research, development, and risk as5 sessment to address technology and development 

6 issues associated with outer Continental Shelf en7 ergy and mineral resource activities, with the pri8 mary purpose of informing the role of research, de9 velopment, and risk assessment relating to safety, 

10 environmental protection, and spill response. 

11 ‘‘(2) SPECIFIC AREAS OF FOCUS.—The program 

12 under this subsection shall include research, develop13 ment, and other activities related to— 

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

15 data from safety and compliance records both 

16 within the United States and internationally; 

17 ‘‘(B) analysis of industry trends in tech18 nology, investment, and interest in frontier 

19 areas; 

20 ‘‘(C) analysis of incidents investigated 

21 under section 22; 

22 ‘‘(D) reviews of best available technologies, 

23 including technologies associated with pipelines, 

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1 sign, and other associated infrastructure related 

2 to offshore energy development; 

3 ‘‘(E) oil spill response and mitigation; 

4 ‘‘(F) risks associated with human factors; 

5 and 

6 ‘‘(G) renewable energy operations. 

7 ‘‘(3) INFORMATION SHARING ACTIVITIES.— 

8 ‘‘(A) DOMESTIC ACTIVITIES.—The Sec9 retary shall carry out programs to facilitate the 

10 exchange and dissemination of scientific and 

11 technical information and best practices related 

12 to the management of safety and environmental 

13 issues associated with energy and mineral re14 source exploration, development, and produc15 tion. 

16 ‘‘(B) INTERNATIONAL COOPERATION.— 

17 The Secretary shall carry out programs to co18 operate with international organizations and 

19 foreign governments to share information and 

20 best practices related to the management of 

21 safety and environmental issues associated with 

22 energy and mineral resource exploration, devel23 opment, and production. 

24 ‘‘(4) REPORTS.—The program under this sub25 section shall provide to the Secretary, each Bureau 


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1 Director under section 32, and the public quarterly 

2 reports that address— 

3 ‘‘(A) developments in each of the areas 

4 under paragraph (2); and 

5 ‘‘(B)(i) any accidents that have occurred in 

6 the past quarter; and 

7 ‘‘(ii) appropriate responses to the acci8 dents. 

9 ‘‘(5) INDEPENDENCE.—The Secretary shall cre10 ate a program within the appropriate bureau estab11 lished under section 32 that shall— 

12 ‘‘(A) be programmatically separate and 

13 distinct from the leasing program; 

14 ‘‘(B) carry out the studies, analyses, and 

15 other activities under this subsection; 

16 ‘‘(C) provide for external scientific review 

17 of studies under this section, including through 

18 appropriate arrangements with the National 

19 Academy of Sciences; and 

20 ‘‘(D) make available to the public studies 

21 conducted and data gathered under this section. 

22 ‘‘(6) USE OF DATA.—The Secretary shall en23 sure that the information from the studies and re24 search carried out under this section inform the deVerDate Mar 15 2010 21:08 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3516.IS S3516

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1 velopment of safety practices and regulations as re2 quired by this Act and other applicable laws.’’. 

3 (i) ENFORCEMENT.—Section 22 of the Outer Conti4 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 

5 (1) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) in the first sentence, by inserting 

8 ‘‘, each loss of well control, blowout, activa9 tion of the blowout preventer, and other 

10 accident that presented a serious risk to 

11 human or environmental safety,’’ after 

12 ‘‘fire’’; and 

13 (ii) in the last sentence, by inserting 

14 ‘‘as a condition of the lease’’ before the pe15 riod at the end; 

16 (B) in the last sentence of paragraph (2), 

17 by inserting ‘‘as a condition of lease’’ before the 

18 period at the end; 

19 (2) in subsection (e)— 

20 (A) by striking ‘‘(e) The’’ and inserting the 

21 following: 

22 ‘‘(e) REVIEW OF ALLEGED SAFETY VIOLATIONS.— 

23 ‘‘(1) IN GENERAL.—The’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(2) INVESTIGATION.—The Secretary shall in2 vestigate any allegation from any employee of the 

3 lessee or any subcontractor of the lessee made under 

4 paragraph (1).’’; and 

5 (3) by adding at the end of the section the fol6 lowing: 

7 ‘‘(g) INDEPENDENT INVESTIGATION.— 

8 ‘‘(1) IN GENERAL.—At the request of the Sec9 retary, the National Transportation Safety Board 

10 may conduct an independent investigation of any ac11 cident, occurring in the outer Continental Shelf and 

12 involving activities under this Act, that does not oth13 erwise fall within the definition of an accident or 

14 major marine casualty, as those terms are used in 

15 chapter 11 of title 49, United States Code. 

16 ‘‘(2) TRANSPORTATION ACCIDENT.—For pur17 poses of an investigation under this subsection, the 

18 accident that is the subject of the request by the 

19 Secretary shall be determined to be a transportation 

20 accident within the meaning of that term in chapter 

21 11 of title 49, United States Code. 

22 ‘‘(h) INFORMATION ON CAUSES AND CORRECTIVE

23 ACTIONS.— 

24 ‘‘(1) IN GENERAL.—For each incident inves25 tigated under this section, the Secretary shall 


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1 promptly make available to all lessees and the public 

2 technical information about the causes and correc3 tive actions taken. 

4 ‘‘(2) PUBLIC DATABASE.—All data and reports 

5 related to an incident described in paragraph (1) 

6 shall be maintained in a database that is available 

7 to the public. 

8 ‘‘(i) INSPECTION FEE.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall collect 

10 a non-refundable inspection fee, which shall be de11 posited in the Ocean Energy Enforcement Fund es12 tablished under paragraph (3), from the designated 

13 operator for facilities subject to inspection under 

14 subsection (c). 

15 ‘‘(2) ESTABLISHMENT.—The Secretary shall es16 tablish, by rule, inspection fees— 

17 ‘‘(A) at an aggregate level equal to the 

18 amount necessary to offset the annual expenses 

19 of inspections of outer Continental Shelf facili20 ties (including mobile offshore drilling units) by 

21 the Department of the Interior; and 

22 ‘‘(B) using a schedule that reflects the dif23 ferences in complexity among the classes of fa24 cilities to be inspected. 


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1 ‘‘(3) OCEAN ENERGY ENFORCEMENT FUND.— 

2 There is established in the Treasury a fund, to be 

3 known as the ‘Ocean Energy Enforcement Fund’ 

4 (referred to in this subsection as the ‘Fund’), into 

5 which shall be deposited amounts collected under 

6 paragraph (1) and which shall be available as pro7 vided under paragraph (4). 

8 ‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 

9 section 3302 of title 31, United States Code, all 

10 amounts collected by the Secretary under this sec11 tion— 

12 ‘‘(A) shall be credited as offsetting collec13 tions; 

14 ‘‘(B) shall be available for expenditure only 

15 for purposes of carrying out inspections of 

16 outer Continental Shelf facilities (including mo17 bile offshore drilling units) and the administra18 tion of the inspection program; 

19 ‘‘(C) shall be available only to the extent 

20 provided for in advance in an appropriations 

21 Act; and 

22 ‘‘(D) shall remain available until expended. 

23 ‘‘(5) ANNUAL REPORTS.— 

24 ‘‘(A) IN GENERAL.—Not later than 60 

25 days after the end of each fiscal year beginning 


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1 with fiscal year 2011, the Secretary shall sub2 mit to the Committee on Energy and Natural 

3 Resources of the Senate and the Committee on 

4 Natural Resources of the House of Representa5 tives a report on the operation of the Fund dur6 ing the fiscal year. 

7 ‘‘(B) CONTENTS.—Each report shall in8 clude, for the fiscal year covered by the report, 

9 the following: 

10 ‘‘(i) A statement of the amounts de11 posited into the Fund. 

12 ‘‘(ii) A description of the expenditures 

13 made from the Fund for the fiscal year, in14 cluding the purpose of the expenditures. 

15 ‘‘(iii) Recommendations for additional 

16 authorities to fulfill the purpose of the 

17 Fund. 

18 ‘‘(iv) A statement of the balance re19 maining in the Fund at the end of the fis20 cal year.’’. 

21 (j) REMEDIES AND PENALTIES.—Section 24 of the 

22 Outer Continental Shelf Lands Act (43 U.S.C. 1350) is 

23 amended— 

24 (1) by striking subsection (b) and inserting the 

25 following: 


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1 ‘‘(b) CIVIL PENALTY.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

3 through (3), if any person fails to comply with this 

4 Act, any term of a lease or permit issued under this 

5 Act, or any regulation or order issued under this 

6 Act, the person shall be liable for a civil administra7 tive penalty of not more than $75,000 for each day 

8 of continuance of each failure. 

9 ‘‘(2) ADMINISTRATION.—The Secretary may as10 sess, collect, and compromise any penalty under 

11 paragraph (1). 

12 ‘‘(3) HEARING.—No penalty shall be assessed 

13 under this subsection until the person charged with 

14 a violation has been given the opportunity for a 

15 hearing. 

16 ‘‘(4) ADJUSTMENT.—The penalty amount speci17 fied in this subsection shall increase each year to re18 flect any increases in the Consumer Price Index for 

19 All Urban Consumers published by the Bureau of 

20 Labor Statistics of the Department of Labor.’’; 

21 (2) in subsection (c)— 

22 (A) in the first sentence, by striking 

23 ‘‘$100,000’’ and inserting ‘‘$10,000,000’’; and 

24 (B) by adding at the end the following: 

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1 section shall increase each year to reflect any 

2 increases in the Consumer Price Index for All 

3 Urban Consumers published by the Bureau of 

4 Labor Statistics of the Department of Labor.’’; 

5 and 

6 (3) in subsection (d), by inserting ‘‘, or with 

7 reckless disregard,’’ after ‘‘knowingly and willfully’’. 

8 (k) OIL AND GAS DEVELOPMENT AND PRODUC9 TION.—Section 25 of the Outer Continental Shelf Lands 

10 Act (43 U.S.C. 1351) is amended by striking ‘‘, other than 

11 the Gulf of Mexico,’’ each place it appears in subsections 

12 (a)(1), (b), and (e)(1). 

13 SEC. 7. REFORM OF OTHER LAWS. 

14 (a) COORDINATED MAPPING INITIATIVE.—Section 

15 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 

16 note; Public Law 109–58) is amended by adding at the 

17 end the following: 

18 ‘‘(4) FEDERAL AGENCIES.—Any head of a Fed19 eral department or agency shall, on request of the 

20 Secretary, provide to the Secretary all data and in21 formation that the Secretary determines to be nec22 essary for the purpose of including the data and in23 formation in the mapping initiative, except that no 

24 Federal department or agency shall be required to 


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1 provide any data or information that is privileged or 

2 proprietary.’’. 

3 (b) DEDICATED FUNDING FOR OUTER CONTINENTAL

4 SHELF RESEARCH ACTIVITIES.—Section 999H(d) of the 

5 Energy Policy Act of 2005 (42 U.S.C. 16378(d)) is 

6 amended by striking paragraph (4) and inserting the fol7 lowing: 

8 ‘‘(4) 25 percent shall be used for research ac9 tivities required under sections 20 and 21 of the 

10 Outer Continental Shelf Lands Act (43 U.S.C. 1346, 

11 1347).’’. 

12 SEC. 8. SAVINGS PROVISIONS. 

13 (a) EXISTING LAW.—All regulations, rules, stand14 ards, determinations, contracts and agreements, memo15 randa of understanding, certifications, authorizations, ap16 pointments, delegations, results and findings of investiga17 tions, or any other actions issued, made, or taken by, or 

18 pursuant to or under, the authority of any law (including 

19 regulations) that resulted in the assignment of functions 

20 or activities to the Secretary, the Director of the Minerals 

21 Management Service (including by delegation from the 

22 Secretary), or the Department (as related to the imple23 mentation of the purposes referenced in this Act) that 

24 were in effect on the date of enactment of this Act shall 

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1 ment of this Act unless previously scheduled to expire or 

2 until otherwise modified or rescinded by this Act or any 

3 other Act. 

4 (b) EFFECT ON OTHER AUTHORITIES.—This Act 

5 does not amend or alter the provisions of other applicable 

6 laws, unless otherwise noted. 

7 SEC. 9. BUDGETARY EFFECTS. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the Senate Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Æ 


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