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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3515 Reported in Senate (RS)]

                                                       Calendar No. 502
111th CONGRESS
  2d Session
                                S. 3515

                          [Report No. 111-242]

To authorize and enhance the programs of the Department of the Interior 
 relating to the detection of, response to, and mitigation and cleanup 
of oil spills on Federal land managed by the Department, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2010

  Mrs. Shaheen (for herself, Mr. Udall of Colorado, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                             August 2, 2010

Reported by Mrs. Boxer, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To authorize and enhance the programs of the Department of the Interior 
 relating to the detection of, response to, and mitigation and cleanup 
of oil spills on Federal land managed by the Department, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Department of the Interior 
Research and Technologies for Oil Spill Prevention and Response Act of 
2010''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is to maintain and enhance the 
world-class research and facilities of the Department of the Interior 
and to ensure that there is adequate knowledge, practices, and 
technologies to detect, respond to, contain, and clean up oil spills 
occurring on Federal land managed by the Department of the Interior, 
whether onshore or on the outer Continental Shelf.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Board.--The term ``Board'' means the Science 
        and Technology Advisory Board established under section 
        5(a).</DELETED>
        <DELETED>    (2) Fund.--The term ``Fund'' means the Oil Spill 
        Technology and Research Fund established by section 
        13(a).</DELETED>
        <DELETED>    (3) Program.--The term ``program'' means the 
        program established under section 4(a).</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF DEPARTMENT OF THE INTERIOR OIL SPILL 
              RESEARCH AND DEVELOPMENT PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary shall carry out a program 
of research, development, technology demonstration, and risk assessment 
to address issues associated with the detection of, response to, and 
mitigation and cleanup of oil spills occurring on Federal land managed 
by the Department of the Interior, whether onshore or on the outer 
Continental Shelf.</DELETED>
<DELETED>    (b) Specific Areas of Focus.--The program shall include 
research, development, demonstration, validation, personnel training, 
and other activities relating to--</DELETED>
        <DELETED>    (1) technologies, materials, methods, and 
        practices--</DELETED>
                <DELETED>    (A) to detect the release of hydrocarbons 
                from leaking exploration or production 
                equipment;</DELETED>
                <DELETED>    (B) to characterize the rates of flow from 
                leaking exploration and production equipment in 
                locations that are remote or difficult to 
                access;</DELETED>
                <DELETED>    (C) to protect the safety of workers 
                addressing hydrocarbon releases from exploration and 
                production equipment;</DELETED>
                <DELETED>    (D) to contain, respond to, and clean up 
                oil spills, including with the use of dispersants, 
                containment vessels, booms, and skimmers, particularly 
                under worst-case release scenarios;</DELETED>
                <DELETED>    (E) to contain, respond to, and clean up 
                an oil spill in extreme or harsh conditions on the 
                outer Continental Shelf; and</DELETED>
                <DELETED>    (F) for environmental assessment, 
                restoration, and long-term monitoring;</DELETED>
        <DELETED>    (2) fundamental scientific characterization of the 
        behavior of oil and natural gas in and on soil and water, 
        including miscibility, plume behavior, emulsification, physical 
        separation, and chemical and biological degradation;</DELETED>
        <DELETED>    (3) behavior and effects of emulsified, dispersed, 
        and submerged oil in water; and</DELETED>
        <DELETED>    (4) modeling, simulation, and prediction of oil 
        flows from releases and the trajectories of releases on the 
        surface, the subsurface, and in water.</DELETED>

<DELETED>SEC. 5. SCIENCE AND TECHNOLOGY ADVISORY BOARD.</DELETED>

<DELETED>    (a) In General.--The Secretary shall enter into 
appropriate arrangements with the National Academy of Sciences to 
establish an independent committee, to be known as the ``Science and 
Technology Advisory Board'', to provide scientific and technical advice 
to the program, including--</DELETED>
        <DELETED>    (1) the identification of knowledge gaps that the 
        program should address;</DELETED>
        <DELETED>    (2) the establishment of scientific and technical 
        priorities; and</DELETED>
        <DELETED>    (3) an annual review of the results and 
        effectiveness of the program, including successful technology 
        development.</DELETED>
<DELETED>    (b) Reports.--Reports and recommendations of the Board 
shall promptly be made available to Congress and the public.</DELETED>

<DELETED>SEC. 6. RESEARCH AND TECHNOLOGY PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, and every 2 years thereafter, the Secretary, in 
consultation with the Board, shall develop and publish a research and 
technology plan for the program.</DELETED>
<DELETED>    (b) Contents.--The plan under this section shall--
</DELETED>
        <DELETED>    (1) identify research needs and 
        opportunities;</DELETED>
        <DELETED>    (2) propose areas of focus for the 
        program;</DELETED>
        <DELETED>    (3) establish program priorities, including 
        priorities for the research centers of excellence under section 
        7, demonstration projects under section 8, and research grants 
        under section 9; and</DELETED>
        <DELETED>    (4) estimate--</DELETED>
                <DELETED>    (A) the extent of resources needed to 
                conduct the program; and</DELETED>
                <DELETED>    (B) timetables for completing research 
                tasks under the program.</DELETED>
<DELETED>    (c) Publication.--The Secretary shall timely publish--
</DELETED>
        <DELETED>    (1) the plan under this section; and</DELETED>
        <DELETED>    (2) a review of the plan by the Board.</DELETED>

<DELETED>SEC. 7. RESEARCH CENTERS OF EXCELLENCE.</DELETED>

<DELETED>    (a) Response Technologies for Deepwater, Ultra Deepwater, 
and Other Extreme Environment Oil Spills.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary shall establish 
        at 1 or more institutions of higher education a research center 
        of excellence for the research, development, and demonstration 
        of technologies necessary to respond to, contain, mitigate, and 
        clean up deepwater, ultra deepwater, and other extreme 
        environment oil spills.</DELETED>
        <DELETED>    (2) Grants.--The Secretary shall provide grants to 
        the research center of excellence established under paragraph 
        (1) to conduct and oversee basic and applied research in the 
        technologies described in that paragraph.</DELETED>
<DELETED>    (b) Oil Spill Response and Restoration.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary, in coordination 
        with the Undersecretary of Commerce for Oceans and Atmosphere, 
        shall establish at 1 or more institutions of higher education a 
        research center of excellence for research and innovation in 
        oil spill fate, behavior and effects, and damage assessment and 
        restoration.</DELETED>
        <DELETED>    (2) Grants.--The Secretary shall provide grants to 
        the research center of excellence established under paragraph 
        (1) to conduct and oversee basic and applied research in the 
        areas described in that paragraph.</DELETED>
<DELETED>    (c) Other Research Centers of Excellence.--The Secretary 
may establish such other research centers of excellence as the 
Secretary determines to be necessary for the research, development, and 
demonstration of technologies necessary to carry out this 
Act.</DELETED>

<DELETED>SEC. 8. DEMONSTRATION PROJECTS.</DELETED>

<DELETED>    (a) In General.--In carrying out the program, the 
Secretary shall conduct deepwater, ultra deepwater, and other extreme 
environment oil spill response demonstration projects for the purpose 
of developing and demonstrating new integrated deepwater oil spill 
mitigation and response systems that use the information and implement 
the improved practices and technologies developed from the 
program.</DELETED>
<DELETED>    (b) Requirements.--The mitigation and response systems 
developed under subsection (a) shall use technologies and management 
practices for improving the response capabilities to deepwater oil 
spills, including--</DELETED>
        <DELETED>    (1) improved oil flow monitoring and 
        calculation;</DELETED>
        <DELETED>    (2) improved oil spill response 
        capability;</DELETED>
        <DELETED>    (3) improved subsurface mitigation 
        technologies;</DELETED>
        <DELETED>    (4) improved capability to track and predict the 
        flow and effects of oil discharges in both subsurface and 
        surface areas for the purposes of making oil mitigation and 
        response decisions; and</DELETED>
        <DELETED>    (5) any other activities necessary to achieve the 
        purposes of the program.</DELETED>

<DELETED>SEC. 9. RESEARCH GRANTS.</DELETED>

<DELETED>    In carrying out the program, the Secretary may award 
competitive grants in coordination with research centers of excellence 
under section 7 and consistent with the research and technology plan 
under section 6 to institutions of higher education or other research 
institutions--</DELETED>
        <DELETED>    (1) to carry out projects that are relevant to the 
        goals and priorities of the research and technology plan; and--
        </DELETED>
        <DELETED>    (2)(A) to advance research and development; 
        or</DELETED>
        <DELETED>    (B) to demonstrate technologies.</DELETED>

<DELETED>SEC. 10. PILOT PROGRAMS FOR FIELD TESTING 
              TECHNOLOGIES.</DELETED>

<DELETED>    (a) In General.--The Secretary, in coordination with the 
Administrator of the Environmental Protection Agency, shall conduct a 
pilot program to conduct field tests on new oil spill response, 
mitigation, and cleanup technologies developed under the program in the 
waters of the United States.</DELETED>
<DELETED>    (b) Results.--The results of the field tests conducted 
under subsection (a) shall be used--</DELETED>
        <DELETED>    (1) to refine oil spill technology research and 
        development; and</DELETED>
        <DELETED>    (2) to assist the Secretary and the Administrator 
        of the Environmental Protection Agency in the development of 
        safety and environmental regulations under this Act and other 
        applicable laws.</DELETED>

<DELETED>SEC. 11. PEER REVIEW OF PROPOSALS AND RESEARCH.</DELETED>

<DELETED>    (a) In General.--Any award of funds under the program 
shall be made only after the Secretary has carried out an impartial 
peer review of the scientific and technical merit of the proposals for 
the award.</DELETED>
<DELETED>    (b) Requirements.--The Secretary shall ensure that any 
research conducted under the program shall be peer-reviewed, 
transparent, and made available to the public.</DELETED>

<DELETED>SEC. 12. COORDINATION WITH OTHER AGENCIES.</DELETED>

<DELETED>    (a) In General.--In carrying out this Act, the Secretary 
shall consult and coordinate, as appropriate, with other Federal 
agencies and programs, including the Interagency Coordinating Committee 
on Oil Pollution Research established under section 7001 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2761).</DELETED>
<DELETED>    (b) Responsibility of the Secretary.--Notwithstanding any 
requirements to consult or coordinate, the Secretary shall maintain 
authority, direction, and control of the program.</DELETED>

<DELETED>SEC. 13. OIL SPILL TECHNOLOGY AND RESEARCH FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States a revolving fund, to be known as the ``Oil Spill 
Technology and Research Fund'', consisting of such amounts as are 
transferred to the Fund under subsection (b), to be administered by the 
Secretary, to be available without fiscal year limitation and not 
subject to appropriation, to carry out the program.</DELETED>
<DELETED>    (b) Transfers to Fund.--From any Federal royalties, rents, 
and bonuses derived from Federal onshore and offshore oil and gas 
leases issued the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.) or the Mineral Leasing Act (30 U.S.C. 181 et seq.) that are 
deposited in the Treasury, and after distribution of any funds 
described in subsection (c), there shall be transferred to the Fund 
$25,000,000 for each of fiscal years 2010 through 2020, to remain 
available until expended.</DELETED>
<DELETED>    (c) Prior Distributions.--The distributions referred to in 
subsection (b) are those required by law--</DELETED>
        <DELETED>    (1) to States and to the Reclamation Fund under 
        section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)); 
        and</DELETED>
        <DELETED>    (2) to other funds receiving amounts from Federal 
        oil and gas leasing programs, including--</DELETED>
                <DELETED>    (A) any recipients pursuant to section 
                8(g) of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1337(g));</DELETED>
                <DELETED>    (B) the land and water conservation fund, 
                pursuant to section 2(c) of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-
                5(c));</DELETED>
                <DELETED>    (C) the Historic Preservation Fund, 
                pursuant to section 108 of the National Historic 
                Preservation Act (16 U.S.C. 470h); and</DELETED>
                <DELETED>    (D) the coastal impact assistance program 
                established under section 31 of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1356a).</DELETED>
<DELETED>    (d) Prohibition.--Amounts in the Fund may not be made 
available for any purpose other than a purpose described in subsection 
(a).</DELETED>
<DELETED>    (e) Annual Reports.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        end of each fiscal year beginning with fiscal year 2010, the 
        Secretary shall submit to the Committee on Appropriations of 
        the House of Representatives, the Committee on Appropriations 
        of the Senate, the Committee on Energy and Natural Resources of 
        the Senate, and the Committee on Natural Resources of the House 
        of Representatives a report on the operation of the Fund during 
        the fiscal year.</DELETED>
        <DELETED>    (2) Contents.--Each report shall include, for the 
        fiscal year covered by the report, the following:</DELETED>
                <DELETED>    (A) A statement of the amounts deposited 
                into the Fund.</DELETED>
                <DELETED>    (B) A description of the expenditures made 
                from the Fund for the fiscal year, including the 
                purpose of the expenditures.</DELETED>
                <DELETED>    (C) Recommendations for additional 
                authorities to fulfill the purpose of the 
                Fund.</DELETED>
                <DELETED>    (D) A statement of the balance remaining 
                in the Fund at the end of the fiscal year.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Research and Technologies 
for Oil Spill Prevention and Response Act of 2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to maintain and enhance the world-class research and 
        facilities of the Federal Government; and
            (2) to ensure that there are adequate knowledge, practices, 
        and technologies to detect, respond to, contain, and clean up 
        oil spills, whether onshore or on the outer Continental Shelf.

SEC. 3. SCIENCE AND TECHNOLOGY ADVICE AND GUIDANCE.

    Section 7001(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2761(b)) is amended--
            (1) in the matter following paragraph (2), by striking 
        ``The National Institute of Standards and Technology'' and all 
        that follows through ``this section.''; and
            (2) by adding at the end the following:
            ``(3) Science and technology advisory board.--
                    ``(A) In general.--The Chairman shall enter into 
                appropriate arrangements with the National Academy of 
                Sciences to establish an independent committee, to be 
                known as the `Science and Technology Advisory Board', 
                to provide scientific and technical advice to the 
                Interagency Committee relating to research carried out 
                pursuant to the program established under subsection 
                (c), including--
                            ``(i) the identification of knowledge gaps 
                        that the program should address;
                            ``(ii) the establishment of scientific and 
                        technical priorities; and
                            ``(iii) an annual review of the results and 
                        effectiveness of the program, including 
                        successful technology development.
                    ``(B) Reports.--Reports and recommendations of the 
                Board shall promptly be made available to Congress and 
                the public.
                    ``(C) National institute of standards and 
                technology.--The National Institute of Standards and 
                Technology shall provide the Interagency Committee with 
                advice and guidance on issues relating to quality 
                assurance and standards measurements relating to 
                activities of the Interagency Committee under this 
                section.''.

SEC. 4. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 7001(c) of the Oil Pollution Act of 1990 
(33 U.S.C. 2761(c)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and 
                bioremediation'' and inserting ``bioremediation, 
                containment vessels, booms, and skimmers, particularly 
                under worst-case release scenarios'';
                    (B) in subparagraph (I), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (J) as 
                subparagraph (L); and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) research, development, and demonstration of 
                new or improved technologies and systems to contain, 
                respond to, and clean up a discharge of oil in extreme 
                or harsh conditions on the outer Continental Shelf;
                    ``(K) research to evaluate the relative 
                effectiveness and environmental impacts (including 
                human and environmental toxicity) of dispersants; 
                and'';
            (2) by redesignating subparagraphs (3) through (7) and (8) 
        through (11) as paragraphs (4) through (8) and (11) through 
        (14), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) Authorization of agency oil discharge research and 
        development programs.--
                    ``(A) In general.--The Secretary of the Interior, 
                in coordination with the program established under this 
                subsection, the Interagency Committee, and such other 
                agencies as the President may designate, shall carry 
                out a program of research, development, technology 
                demonstration, and risk assessment to address issues 
                associated with the detection of, response to, and 
                mitigation and cleanup of discharges of oil occurring 
                on Federal land managed by the Department of the 
                Interior, whether onshore or on the outer Continental 
                Shelf.
                    ``(B) Specific areas of focus.--The program 
                established under this paragraph shall provide for 
                research, development, demonstration, validation, 
                personnel training, and other activities relating to 
                new and improved technologies that are effective at 
                preventing or mitigating oil discharges and that 
                protect the environment, including technologies, 
                materials, methods, and practices--
                            ``(i) to detect the release of hydrocarbons 
                        from leaking exploration or production 
                        equipment;
                            ``(ii) to characterize the rates of flow 
                        from leaking exploration and production 
                        equipment in locations that are remote or 
                        difficult to access;
                            ``(iii) to protect the safety of workers 
                        addressing hydrocarbon releases from 
                        exploration and production equipment;
                            ``(iv) to control or contain the release of 
                        hydrocarbons from a blowout or other loss of 
                        well control; and
                            ``(v) in coordination with the 
                        Administrator and the Secretary of Commerce, 
                        for environmental assessment, restoration, and 
                        long-term monitoring.'';
            (4) in paragraph (5)(A)(i) (as redesignated by paragraph 
        (2)), by striking the period at the end and inserting the 
        following: ``, including--
                                    ``(I) fundamental scientific 
                                characterization of the behavior of oil 
                                and natural gas in and on soil and 
                                water, including miscibility, plume 
                                behavior, emulsification, physical 
                                separation, and chemical and biological 
                                degradation;
                                    ``(II) behavior and effects of 
                                emulsified, dispersed, and submerged 
                                oil in water; and
                                    ``(III) modeling, simulation, and 
                                prediction of oil flows from releases 
                                and the trajectories of releases on the 
                                surface, the subsurface, and in 
                                water.'';
            (5) in paragraph (7) (as redesignated by paragraph (2))--
                    (A) by redesignating subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively;
                    (B) by striking ``The United States Coast Guard'' 
                and inserting the following:
                    ``(A) In general.--The United States Coast Guard''; 
                and
                    (C) by adding at the end the following:
                    ``(B) Extreme environmental condition demonstration 
                projects.--
                            ``(i) In general.--The Secretary of the 
                        Interior, in conjunction with the heads of such 
                        other agencies as the President may designate, 
                        shall conduct deepwater, ultra deepwater, and 
                        other extreme environment oil discharge 
                        response demonstration projects for the purpose 
                        of developing and demonstrating new integrated 
                        deepwater oil discharge mitigation and response 
                        systems that use the information and implement 
                        the improved practices and technologies 
                        developed through the program under this 
                        subsection.
                            ``(ii) Requirements.--The mitigation and 
                        response systems developed under clause (i) 
                        shall use technologies and management practices 
                        for improving the response capabilities to 
                        deepwater oil discharges, including--
                                    ``(I) improved oil flow monitoring 
                                and calculation;
                                    ``(II) improved oil discharge 
                                response capability;
                                    ``(III) improved subsurface 
                                mitigation technologies;
                                    ``(IV) improved capability to track 
                                and predict the flow and effects of oil 
                                discharges in both subsurface and 
                                surface areas for the purposes of 
                                making oil mitigation and response 
                                decisions; and
                                    ``(V) any other activities 
                                necessary to achieve the purposes of 
                                the program.'';
            (6) by inserting after paragraph (8) (as redesignated by 
        paragraph (2)) the following:
            ``(9) Research centers of excellence.--
                    ``(A) Response technologies for deepwater, ultra 
                deepwater, and other extreme environment oil 
                discharges.--
                            ``(i) Establishment.--The Secretary of the 
                        Interior shall establish at 1 or more 
                        institutions of higher education a research 
                        center of excellence for the research, 
                        development, and demonstration of technologies 
                        necessary to respond to, contain, mitigate, and 
                        clean up deepwater, ultra deepwater, and other 
                        extreme-environment discharges of oil.
                            ``(ii) Grants.--The Secretary shall provide 
                        grants to the research center of excellence 
                        established under clause (i) to conduct and 
                        oversee basic and applied research in the 
                        technologies described in that clause.
                    ``(B) Oil discharge response and restoration.--
                            ``(i) Establishment.--The Undersecretary of 
                        Commerce for Oceans and Atmosphere, in 
                        coordination with the Administrator and the 
                        Secretary of the Interior, shall establish at 1 
                        or more institutions of higher education a 
                        research center of excellence for research and 
                        innovation in the fate of, behavior and effects 
                        of, and damage assessment and restoration 
                        relating to discharges of oil.
                            ``(ii) Grants.--The Undersecretary of 
                        Commerce for Oceans and Atmosphere shall 
                        provide grants to the research center of 
                        excellence established under clause (i) to 
                        conduct and oversee basic and applied research 
                        in the areas described in that clause.
                    ``(C) Other research centers of excellence.--Any 
                agency that is a member of the Interagency Committee 
                may establish such other research centers of excellence 
                as the agency determines to be necessary for the 
                research, development, and demonstration of 
                technologies necessary to carry out the program 
                established under this subsection.
            ``(10) Pilot program.--
                    ``(A) In general.--The Secretary of the Interior 
                and the Administrator shall jointly conduct a pilot 
                program to conduct field tests, in the waters of the 
                United States, of new oil discharge response, 
                mitigation, and cleanup technologies developed under 
                the program established under this subsection.
                    ``(B) Results.--The results of the field tests 
                conducted under subparagraph (A) shall be used--
                            ``(i) to refine oil discharge technology 
                        research and development; and
                            ``(ii) to assist the Secretary of the 
                        Interior and the Administrator in the 
                        development of safety and environmental 
                        regulations under this Act and other applicable 
                        laws.'';
            (7) in paragraph (12) (as redesignated by paragraph (2)), 
        in the first sentence--
                    (A) by striking ``paragraph (8)'' and inserting 
                ``paragraph (11)''; and
                    (B) by striking ``paragraph (10)'' and inserting 
                ``paragraph (13)''; and
            (8) by adding at the end the following:
            ``(15) Research and technology plan.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this paragraph, and every 2 years 
                thereafter, the Chairman, in consultation with the 
                Board, shall develop and publish a research and 
                technology plan for the program established under this 
                subsection.
                    ``(B) Contents.--The plan under this paragraph 
                shall--
                            ``(i) identify research needs and 
                        opportunities;
                            ``(ii) propose areas of focus for the 
                        program;
                            ``(iii) establish program priorities, 
                        including priorities for demonstration projects 
                        under paragraph (7), the research centers of 
                        excellence under paragraph (9), and research 
                        funding provided under paragraphs (11) and 
                        (12); and
                            ``(iv) estimate--
                                    ``(I) the extent of resources 
                                needed to conduct the program; and
                                    ``(II) timetables for completing 
                                research tasks under the program.
                    ``(C) Publication.--The Chairman shall timely 
                publish--
                            ``(i) the plan under this paragraph; and
                            ``(ii) a review of the plan by the Board.
            ``(16) Peer review of proposals and research.--
                    ``(A) In general.--Any provision of funds under the 
                program established under this subsection shall be made 
                only after the agency providing the funding has carried 
                out an impartial peer review of the scientific and 
                technical merit of the proposals for the funding.
                    ``(B) Requirements.--The agency providing funding 
                shall ensure that any research conducted under the 
                program shall be peer-reviewed, transparent, and made 
                available to the public.
            ``(17) Oil discharge technology and research fund.--
                    ``(A) Establishment.--There is established in the 
                Treasury of the United States a revolving fund, to be 
                known as the `Oil Spill Technology and Research Fund' 
                (referred to in this paragraph as the `Fund'), 
                consisting of such amounts as are transferred to the 
                Fund under subparagraph (B), to be administered by the 
                Chairman, to be available without fiscal year 
                limitation and not subject to appropriation, to carry 
                out the program established under this subsection.
                    ``(B) Transfers to fund.--From any Federal 
                royalties, rents, and bonuses derived from Federal 
                onshore and offshore oil and gas leases issued the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
                seq.) or the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.) that are deposited in the Treasury, and after 
                distribution of any funds described in subparagraph 
                (C), there shall be transferred to the Fund $25,000,000 
                for each of fiscal years 2010 through 2020, to remain 
                available until expended.
                    ``(C) Prior distributions.--The distributions 
                referred to in subparagraph (B) are those required by 
                law--
                            ``(i) to States and to the Reclamation Fund 
                        under section 35(a) of the Mineral Leasing Act 
                        (30 U.S.C. 191(a)); and
                            ``(ii) to other funds receiving amounts 
                        from Federal oil and gas leasing programs, 
                        including--
                                    ``(I) any recipients pursuant to 
                                section 8(g) of the Outer Continental 
                                Shelf Lands Act (43 U.S.C. 1337(g));
                                    ``(II) the land and water 
                                conservation fund, pursuant to section 
                                2(c) of the Land and Water Conservation 
                                Fund Act of 1965 (16 U.S.C. 460l-5(c));
                                    ``(III) the Historic Preservation 
                                Fund, pursuant to section 108 of the 
                                National Historic Preservation Act (16 
                                U.S.C. 470h); and
                                    ``(IV) the coastal impact 
                                assistance program established under 
                                section 31 of the Outer Continental 
                                Shelf Lands Act (43 U.S.C. 1356a).
                    ``(D) Prohibition.--Amounts in the Fund may not be 
                made available for any purpose other than a purpose 
                described in subparagraph (A).
                    ``(E) Annual reports.--
                            ``(i) In general.--Not later than 60 days 
                        after the end of each fiscal year beginning 
                        with fiscal year 2010, the Chairman shall 
                        submit to the Committees on Appropriations, 
                        Energy and Natural Resources, and Environment 
                        and Public Works of the Senate and the 
                        Committees on Appropriations, Natural 
                        Resources, and Transportation and 
                        Infrastructure of the House of Representatives 
                        a report on the operation of the Fund during 
                        the fiscal year.
                            ``(ii) Contents.--Each report shall 
                        include, for the fiscal year covered by the 
                        report, the following:
                                    ``(I) A statement of the amounts 
                                deposited in the Fund.
                                    ``(II) A description of the 
                                expenditures made from the Fund for the 
                                fiscal year, including the purpose of 
                                the expenditures.
                                    ``(III) Recommendations for 
                                additional authorities to fulfill the 
                                purpose of the Fund.
                                    ``(IV) A statement of the balance 
                                remaining in the Fund at the end of the 
                                fiscal year.''.
    (b) Conforming Amendments.--Section 7001(f) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2761(f)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``(c)(8)'' and inserting ``(c)(11)'';
            (2) in paragraph (1), by striking ``(c)(4)'' and inserting 
        ``(c)(5)'';
            (3) in paragraph (2), by striking ``(c)(6)'' and inserting 
        ``(c)(7)''; and
            (4) in the matter following paragraph (2), by striking 
        ``(c)(8)'' and inserting ``(c)(11)''.
    (c) Technical Amendment.--Section 7001(a)(4) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2761(a)(4)) is amended by inserting ``of the 
Interagency Committee (referred to in this section as the `Chairman')'' 
before the period at the end.
            Amend the title so as to read: ``A bill to authorize and 
        enhance Federal programs relating to research on the detection 
        of, response to, and mitigation and cleanup of oil spills, and 
        for other purposes.''.
                                                       Calendar No. 502

111th CONGRESS

  2d Session

                                S. 3515

                          [Report No. 111-242]

_______________________________________________________________________

                                 A BILL

To authorize and enhance the programs of the Department of the Interior 
 relating to the detection of, response to, and mitigation and cleanup 
of oil spills on Federal land managed by the Department, and for other 
                               purposes.

_______________________________________________________________________

                             August 2, 2010

        Reported with an amendment and an amendment to the title
```