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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Reported in House (RH)]

                                                 Union Calendar No. 332
111th CONGRESS
  2d Session
                                H. R. 3534

                      [Report No. 111-575, Part I]

      To provide greater efficiencies, transparency, returns, and 
  accountability in the administration of Federal mineral and energy 
  resources by consolidating administration of various Federal energy 
minerals management and leasing programs into one entity to be known as 
the Office of Federal Energy and Minerals Leasing of the Department of 
                 the Interior, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2009

  Mr. Rahall introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                             July 28, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 28, 2010

Referred to the Committee on Agriculture for a period ending not later 
 than July 28, 2010, for consideration of such provisions of the bill 
   and amendments as fall within the jurisdiction of that committee 
                    pursuant to clause 1(a), rule X

                             July 28, 2010

 Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           September 8, 2009]

_______________________________________________________________________

                                 A BILL

 
      To provide greater efficiencies, transparency, returns, and 
  accountability in the administration of Federal mineral and energy 
  resources by consolidating administration of various Federal energy 
minerals management and leasing programs into one entity to be known as 
the Office of Federal Energy and Minerals Leasing of the Department of 
                 the Interior, and for other purposes.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Consolidated Land, 
Energy, and Aquatic Resources Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

      TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

Sec. 101. Bureau of Energy and Resource Management.
Sec. 102. Bureau of Safety and Environmental Enforcement.
Sec. 103. Office of Natural Resources Revenue.
Sec. 104. Ethics.
Sec. 105. References.
Sec. 106. Abolishment of Minerals Management Service.
Sec. 107. Conforming amendment.
Sec. 108. Outer Continental Shelf Safety and Environmental Advisory 
                            Board.

               TITLE II--FEDERAL OIL AND GAS DEVELOPMENT

 Subtitle A--Safety, Environmental, and Financial Reform of the Outer 
                      Continental Shelf Lands Act

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. National policy for the Outer Continental Shelf.
Sec. 204. Jurisdiction of laws on the Outer Continental Shelf.
Sec. 205. Outer Continental Shelf leasing standard.
Sec. 206. Leases, easements, and rights-of-way.
Sec. 207. Disposition of revenues.
Sec. 208. Exploration plans.
Sec. 209. Outer Continental Shelf leasing program.
Sec. 210. Environmental studies.
Sec. 211. Safety regulations.
Sec. 212. Enforcement of safety and environmental regulations.
Sec. 213. Judicial review.
Sec. 214. Remedies and penalties.
Sec. 215. Uniform planning for Outer Continental Shelf.
Sec. 216. Oil and gas information program.
Sec. 217. Limitation on royalty-in-kind program.
Sec. 218. Restrictions on employment.
Sec. 219. Repeal of royalty relief provisions.
Sec. 220. Manning and buy- and build-American requirements.
Sec. 221. National Commission on Outer Continental Shelf Oil Spill 
                            Prevention.

Subtitle B--Safety, Environmental, and Financial Reform of the Federal 
                  Onshore Oil and Gas Leasing Program

Sec. 231. Diligent development.
Sec. 232. Reporting requirements.
Sec. 233. Notice requirements.
Sec. 234. Oil and gas leasing system.
Sec. 235. Electronic reporting.
Sec. 236. Best management practices.
Sec. 237. Surface disturbance, reclamation.
Sec. 238. Wildlife sustainability.
Sec. 239. Online availability to the public of information relating to 
                            oil and gas chemical use.
Sec. 240. Limitation on royalty-in-kind program.
Sec. 241. Environmental review.
Sec. 242. Federal lands uranium leasing.

           Subtitle C--Royalty Relief for American Consumers

Sec. 251. Short title.
Sec. 252. Eligibility for new leases and the transfer of leases.
Sec. 253. Price thresholds for royalty suspension provisions.

                 TITLE III--OIL AND GAS ROYALTY REFORM

Sec. 301. Amendments to definitions.
Sec. 302. Compliance reviews.
Sec. 303. Clarification of liability for royalty payments.
Sec. 304. Required recordkeeping.
Sec. 305. Fines and penalties.
Sec. 306. Interest on overpayments.
Sec. 307. Adjustments and refunds.
Sec. 308. Conforming amendment.
Sec. 309. Obligation period.
Sec. 310. Notice regarding tolling agreements and subpoenas.
Sec. 311. Appeals and final agency action.
Sec. 312. Assessments.
Sec. 313. Collection and production accountability.
Sec. 314. Natural gas reporting.
Sec. 315. Penalty for late or incorrect reporting of data.
Sec. 316. Required recordkeeping.
Sec. 317. Shared civil penalties.
Sec. 318. Applicability to other minerals.
Sec. 319. Entitlements.

TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC 
                           PRESERVATION FUNDS

              Subtitle A--Land and Water Conservation Fund

Sec. 401. Amendments to the Land and Water Conservation Fund Act of 
                            1965.
Sec. 402. Extension of the Land and Water Conservation Fund.
Sec. 403. Permanent funding.

            Subtitle B--National Historic Preservation Fund

Sec. 411. Permanent funding.

                TITLE V--ALTERNATIVE ENERGY DEVELOPMENT

Sec. 501. Commercial wind and solar leasing program.
Sec. 502. Land management.
Sec. 503. Revenues.
Sec. 504. Recordkeeping and reporting requirements.
Sec. 505. Audits.
Sec. 506. Trade secrets.
Sec. 507. Interest and substantial underreporting assessments.
Sec. 508. Indian savings provision.
Sec. 509. Transmission savings provision.

                  TITLE VI--COORDINATION AND PLANNING

Sec. 601. Regional coordination.
Sec. 602. Regional Coordination Councils.
Sec. 603. Regional strategic plans.
Sec. 604. Regulations.
Sec. 605. Ocean Resources Conservation and Assistance Fund.
Sec. 606. Waiver.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Repeal of certain taxpayer subsidized royalty relief for the 
                            oil and gas industry.
Sec. 702. Conservation fee.
Sec. 703. Leasing on Indian lands.
Sec. 704. Offshore aquaculture clarification.
Sec. 705. Outer Continental Shelf State boundaries.
Sec. 706. Liability for damages to national wildlife refuges.
Sec. 707. Strengthening coastal State oil spill planning and response.
Sec. 708. Information sharing.
Sec. 709. Repeal of funding.
Sec. 710. Limitation on use of funds.
Sec. 711. Additional public-right-to-know requirements.
Sec. 712. Federal response to State proposals to protect State lands 
                            and waters.

                 TITLE VIII--GULF OF MEXICO RESTORATION

Sec. 801. Gulf of Mexico restoration program.

               TITLE IX--GEOTHERMAL PRODUCTION EXPANSION

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Noncompetitive leasing of adjoining areas for development of 
                            geothermal resources.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Affected indian tribe.--The term ``affected Indian 
        tribe'' means an Indian tribe that has federally reserved 
        rights that are affirmed by treaty, statute, Executive order, 
        Federal court order, or other Federal law in the area at issue.
            (3) Alternative energy.--The term ``alternative energy'' 
        means electricity generated by a renewable energy resource.
            (4) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (5) Department.--The term ``Department'' means the 
        Department of the Interior, except as the context indicates 
        otherwise.
            (6) Ecosystem-based management.--The term ``ecosystem-based 
        management'' means an integrated approach to management that--
                    (A) considers the entire ecosystem, including 
                humans, and accounts for interactions among the 
                ecosystem, the range of activities affecting the 
                ecosystem, and the management of such activities;
                    (B) aims to maintain ecosystems in a healthy, 
                productive, sustainable, and resilient condition so 
                that they can provide the services humans want and 
                need;
                    (C) emphasizes the protection of ecosystem 
                structure, function, patterns, and important processes;
                    (D) considers the impacts, including cumulative 
                impacts, of the range of activities affecting an 
                ecosystem that fall within geographical boundaries of 
                the ecosystem;
                    (E) explicitly accounts for the interconnectedness 
                within an ecosystem, such as food webs, and 
                acknowledges the interconnectedness among systems, such 
                as between air, land, and sea; and
                    (F) integrates ecological, social, economic, 
                cultural, and institutional perspectives, recognizing 
                their strong interdependencies.
            (7) Federal land management agency.--The term ``Federal 
        land management agency'' means--
                    (A) the Bureau of Land Management;
                    (B) the Forest Service;
                    (C) the United States Fish and Wildlife Service; 
                and
                    (D) the National Park Service.
            (8) Function.--The term ``function'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
            (9) Important ecological area.--The term ``important 
        ecological area'' means an area that contributes significantly 
        to local or larger marine ecosystem health or is an especially 
        unique or sensitive marine ecosystem.
            (10) Indian land.--The term ``Indian land'' has the meaning 
        given the term in section 502(a) of title V of Public Law 109-
        58 (25 U.S.C. 3501(2)).
            (11) Marine ecosystem health.--The term ``marine ecosystem 
        health'' means the ability of an ecosystem in ocean and coastal 
        waters to support and maintain patterns, important processes, 
        and productive, sustainable, and resilient communities of 
        organisms, having a species composition, diversity, and 
        functional organization resulting from the natural habitat of 
        the region, such that it is capable of supporting a variety of 
        activities and providing a complete range of ecological 
        benefits. Such an ecosystem would be characterized by a variety 
        of factors, including--
                    (A) a complete diversity of native species and 
                habitat wherein each native species is able to maintain 
                an abundance, population structure, and distribution 
                supporting its ecological and evolutionary functions, 
                patterns, and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is necessary to achieve such 
                diversity.
            (12) Mineral.--The term ``mineral'' has the same meaning 
        that the term ``minerals'' has in section 2(q) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331(q)).
            (13) Nonrenewable energy resource.--The term ``nonrenewable 
        energy resource'' means oil and natural gas.
            (14) Operator.--The term ``operator'' means--
                    (A) the lessee; or
                    (B) a person designated by the lessee as having 
                control or management of operations on the leased area 
                or a portion thereof, who is--
                            (i) approved by the Secretary, acting 
                        through the Bureau of Energy and Resource 
                        Management; or
                            (ii) the holder of operating rights under 
                        an assignment of operating rights that is 
                        approved by the Secretary, acting through the 
                        Bureau of Energy and Resource Management.
            (15) Outer continental shelf.--The term ``Outer Continental 
        Shelf'' has the meaning that the term ``outer Continental 
        Shelf'' has in the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331 et seq.).
            (16) Public land state.--The term ``public land State'' 
        means--
                    (A) each of the eleven contiguous Western States 
                (as that term is defined in section 103 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1702)); and
                    (B) Alaska.
            (17) Regional ocean partnership.--The term ``Regional Ocean 
        Partnership'' means voluntary, collaborative management 
        initiatives developed and entered into by the Governors of two 
        or more coastal States or created by an interstate compact for 
        the purpose of addressing more than one ocean, coastal, or 
        Great Lakes issue and to implement policies and activities 
        identified under special area management plans under the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or 
        other agreements developed and signed by the Governors.
            (18) Renewable energy resource.--The term ``renewable 
        energy resource'' means each of the following:
                    (A) Wind energy.
                    (B) Solar energy.
                    (C) Geothermal energy.
                    (D) Biomass or landfill gas.
                    (E) Marine and hydrokinetic renewable energy, as 
                that term is defined in section 632 of the Energy 
                Independence and Security Act of 2007 (42 U.S.C. 
                17211).
            (19) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Commerce.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, except as otherwise provided in this Act.
            (21) Surface use plan of operations.--The term ``surface 
        use plan of operations'' means a plan for surface use, 
        disturbance, and reclamation of Federal lands for energy 
        development that is submitted by a lessee and approved by the 
        relevant land management agency.
            (22) Terms defined in other law.--Each of the terms 
        ``Federal land'', ``lease'', ``lease site'', and ``mineral 
        leasing law'' has the meaning that term has under the Federal 
        Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
        seq.), except that such terms shall also apply to all minerals 
        and renewable energy resources in addition to oil and gas.
            (23) Tribe.--The term ``tribe'' has the same meaning as the 
        term ``Indian tribe'' has in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

      TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGEMENT.

    (a) Establishment.--There is established in the Department of the 
Interior a Bureau of Energy and Resource Management (referred to in 
this section as the ``Bureau'') to be headed by a Director of Energy 
and Resource Management (referred to in this section as the 
``Director'').
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        President, by and with the advice and consent of the Senate, on 
        the basis of--
                    (A) professional background, demonstrated 
                competence, and ability; and
                    (B) capacity to--
                            (i) administer the provisions of this Act; 
                        and
                            (ii) ensure that the fiduciary duties of 
                        the United States Government on behalf of the 
                        people of the United States, as they relate to 
                        development of nonrenewable and renewable 
                        energy and mineral resources, are duly met.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for Level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--Except as provided in paragraph (4), the 
        Secretary shall carry out through the Bureau all functions, 
        powers, and duties vested in the Secretary relating to the 
        administration of a comprehensive program of nonrenewable and 
        renewable energy and mineral resources management--
                    (A) on the Outer Continental Shelf, pursuant to the 
                Outer Continental Shelf Lands Act as amended by this 
                Act (43 U.S.C. 1331 et seq.);
                    (B) on Federal public lands, pursuant to the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.) and the 
                Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
                    (C) on acquired Federal lands, pursuant to the 
                Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 
                et seq.) and the Geothermal Steam Act of 1970 (30 
                U.S.C. 1001 et seq.);
                    (D) in the National Petroleum Reserve in Alaska, 
                pursuant to the Naval Petroleum Reserves Production Act 
                of 1976 (42 U.S.C. 6501 et seq.);
                    (E) on any Federal land pursuant to any mineral 
                leasing law; and
                    (F) pursuant to this Act and all other applicable 
                Federal laws, including the administration and approval 
                of all instruments and agreements required to ensure 
                orderly, safe, and environmentally responsible 
                nonrenewable and renewable energy and mineral resources 
                development activities.
            (2) Specific authorities.--The Director shall promulgate 
        and implement regulations for the proper issuance of leases for 
        the exploration, development, and production of nonrenewable 
        and renewable energy and mineral resources, and for the 
        issuance of permits under such leases, on the Outer Continental 
        Shelf and lands managed by the Bureau of Land Management, the 
        Forest Service, or any other Federal land management agency, 
        including regulations relating to resource identification, 
        access, evaluation, and utilization.
            (3) Independent environmental science.--
                    (A) In general.--The Secretary shall create an 
                independent office within the Bureau that--
                            (i) shall report to the Director;
                            (ii) shall be programmatically separate and 
                        distinct from the leasing and permitting 
                        activities of the Bureau; and
                            (iii) shall--
                                    (I) carry out the environmental 
                                studies program under section 20 of the 
                                Outer Continental Shelf Lands Act (43 
                                U.S.C. 1346);
                                    (II) conduct any environmental 
                                analyses necessary for the programs 
                                administered by the Bureau; and
                                    (III) carry out other functions as 
                                deemed necessary by the Secretary.
                    (B) Consultation.--Studies and analyses carried out 
                by the office created under subparagraph (A) shall be 
                conducted in appropriate and timely consultation with 
                other relevant Federal agencies, including--
                            (i) the Bureau of Safety and Environmental 
                        Enforcement;
                            (ii) the United States Fish and Wildlife 
                        Service;
                            (iii) the United States Geological Survey; 
                        and
                            (iv) the National Oceanic and Atmospheric 
                        Administration.
            (4) Limitation.--The Secretary shall not carry out through 
        the Bureau any function, power, or duty that is--
                    (A) required by section 102 to be carried out 
                through Bureau of Safety and Environmental Enforcement; 
                or
                    (B) required by section 103 to be carried out 
                through the Office of Natural Resources Revenue.
    (d) Comprehensive Data and Analyses on Outer Continental Shelf 
Resources.--
            (1) In general.--
                    (A) Programs.--The Director shall develop and carry 
                out programs for the collection, evaluation, assembly, 
                analysis, and dissemination of data and information 
                that is relevant to carrying out the duties of the 
                Bureau, including studies under section 20 of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1346).
                    (B) Use of data and information.--The Director 
                shall, in carrying out functions pursuant to the Outer 
                Continental Lands Act (43 U.S.C. 1331 et seq.), 
                consider data and information referred to in 
                subparagraph (A) which shall inform the management 
                functions of the Bureau, and shall contribute to a 
                broader coordination of development activities within 
                the contexts of the best available science and marine 
                spatial planning.
            (2) Interagency cooperation.--In carrying out programs 
        under this subsection, the Bureau shall--
                    (A) utilize the authorities of subsection (g) and 
                (h) of section 18 of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1344);
                    (B) cooperate with appropriate offices in the 
                Department and in other Federal agencies;
                    (C) use existing inventories and mapping of marine 
                resources previously undertaken by the Minerals 
                Management Service, mapping undertaken by the United 
                States Geological Survey and the National Oceanographic 
                and Atmospheric Administration, and information 
                provided by the Department of Defense and other Federal 
                and State agencies possessing relevant data; and
                    (D) use any available data regarding renewable 
                energy potential, navigation uses, fisheries, 
                aquaculture uses, recreational uses, habitat, 
                conservation, and military uses of the Outer 
                Continental Shelf.
    (e) Responsibilities of Land Management Agencies.--Nothing in this 
section shall affect the authorities of the Bureau of Land Management 
under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) or of the Forest Service under the National Forest 
Management Act of 1976 (Public Law 94-588).

SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.

    (a) Establishment.--There is established in the Department a Bureau 
of Safety and Environmental Enforcement (referred to in this section as 
the ``Bureau'') to be headed by a Director of Safety and Environmental 
Enforcement (referred to in this section as the ``Director'').
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        President, by and with the advice and consent of the Senate, on 
        the basis of--
                    (A) professional background, demonstrated 
                competence, and ability; and
                    (B) capacity to administer the provisions of this 
                Act.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for Level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary shall carry out through the 
        Bureau all functions, powers, and duties vested in the 
        Secretary relating to the administration of safety and 
        environmental enforcement activities related to nonrenewable 
        and renewable energy and mineral resources--
                    (A) on the Outer Continental Shelf pursuant to the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
                seq.);
                    (B) on Federal public lands, pursuant to the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.) and the 
                Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
                    (C) on acquired Federal lands, pursuant to the 
                Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 
                et seq.) and the Geothermal Steam Act of 1970 (30 
                U.S.C. 1001 et seq.);
                    (D) in the National Petroleum Reserve in Alaska, 
                pursuant to the Naval Petroleum Reserves Production Act 
                of 1976 (42 U.S.C. 6501 et seq.); and
                    (E) pursuant to--
                            (i) the Federal Oil and Gas Royalty 
                        Management Act of 1982 (30 U.S.C. 1701 et 
                        seq.);
                            (ii) the Energy Policy Act of 2005 (Public 
                        Law 109-58);
                            (iii) the Federal Oil and Gas Royalty 
                        Simplification and Fairness Act of 1996 (Public 
                        Law 104-185);
                            (iv) the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 1600 
                        et seq.);
                            (v) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (vi) this Act; and
                            (vii) all other applicable Federal laws,
                including the authority to develop, promulgate, and 
                enforce regulations to ensure the safe and 
                environmentally sound exploration, development, and 
                production of nonrenewable and renewable energy and 
                mineral resources on the Outer Continental Shelf and 
                onshore federally managed lands.
    (d) Authorities.--In carrying out the duties under this section, 
the Secretary's authorities shall include--
            (1) performing necessary oversight activities to ensure the 
        proper application of environmental reviews, including those 
        conducted pursuant to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) by the Bureau of Energy and 
        Resource Management in the performance of its duties under the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
            (2) suspending or prohibiting, on a temporary basis, any 
        operation or activity, including production--
                    (A) on leases held on the Outer Continental Shelf, 
                in accordance with section 5(a)(1) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); or
                    (B) on leases or rights-of-way held on Federal 
                lands under any other minerals or energy leasing 
                statute, in accordance with section 302(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.);
            (3) cancelling any lease, permit, or right-of way--
                    (A) on the Outer Continental Shelf, in accordance 
                with section 5(a)(2) of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1334(a)(2)); or
                    (B) on onshore Federal lands, in accordance with 
                section 302(c) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1732(c));
            (4) compelling compliance with applicable worker safety and 
        environmental laws and regulations;
            (5) requiring comprehensive safety and environmental 
        management programs for persons engaged in activities connected 
        with the exploration, development, and production of energy or 
        mineral resources;
            (6) developing and implementing regulations for Federal 
        employees to carry out any inspection or investigation to 
        ascertain compliance with applicable regulations, including 
        health, safety, or environmental regulations;
            (7) collecting, evaluating, assembling, analyzing, and 
        publicly disseminating electronically data and information that 
        is relevant to inspections, failures, or accidents involving 
        equipment and systems used for exploration and production of 
        energy and mineral resources, including human factors 
        associated therewith;
            (8) implementing the Offshore Technology Research and Risk 
        Assessment Program under section 21 of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1347);
            (9) summoning witnesses and directing the production of 
        evidence;
            (10) levying fines and penalties and disqualifying 
        operators; and
            (11) carrying out any safety, response, and removal 
        preparedness functions.
    (e) Employees.--
            (1) In general.--The Secretary shall ensure that the 
        inspection force of the Bureau consists of qualified, trained 
        employees who meet qualification requirements and adhere to the 
        highest professional and ethical standards.
            (2) Qualifications.--The qualification requirements 
        referred to in paragraph (1)--
                    (A) shall be determined by the Secretary, subject 
                to subparagraph (B); and
                    (B) shall include--
                            (i) three years of practical experience in 
                        oil and gas exploration, development, or 
                        production; or
                            (ii) a degree in an appropriate field of 
                        engineering from an accredited institution of 
                        higher learning.
            (3) Assignment.--In assigning oil and gas inspectors to the 
        inspection and investigation of individual operations, the 
        Secretary shall give due consideration to the extent possible 
        to their previous experience in the particular type of oil and 
        gas operation in which such inspections are to be made.
            (4) Training academy.--
                    (A) In general.--The Secretary shall establish and 
                maintain a National Oil and Gas Health and Safety 
                Academy (referred to in this paragraph as the 
                ``Academy'') as an agency of the Department of the 
                Interior.
                    (B) Functions of academy.--The Secretary, through 
                the Academy, shall be responsible for--
                            (i) the initial and continued training of 
                        both newly hired and experienced oil and gas 
                        inspectors in all aspects of health, safety, 
                        environmental, and operational inspections;
                            (ii) the training of technical support 
                        personnel of the Bureau;
                            (iii) any other training programs for oil 
                        and gas inspectors, Bureau personnel, 
                        Department personnel, or other persons as the 
                        Secretary shall designate; and
                            (iv) certification of the successful 
                        completion of training programs for newly hired 
                        and experienced oil and gas inspectors.
                    (C) Cooperative agreements.--
                            (i) In general.--In performing functions 
                        under this paragraph, and subject to clause 
                        (ii), the Secretary may enter into cooperative 
                        educational and training agreements with 
                        educational institutions, related Federal 
                        academies, other Federal agencies, State 
                        governments, labor organizations, and oil and 
                        gas operators and related industries.
                            (ii) Training requirement.--Such training 
                        shall be conducted by the Academy in accordance 
                        with curriculum needs and assignment of 
                        instructional personnel established by the 
                        Secretary.
                    (D) Use of departmental personnel.--In performing 
                functions under this subsection, the Secretary shall 
                use, to the extent practicable, the facilities and 
                personnel of the Department of the Interior. The 
                Secretary may appoint or assign to the Academy such 
                officers and employees as the Secretary considers 
                necessary for the performance of the duties and 
                functions of the Academy.
            (5) Additional training programs.--
                    (A) In general.--The Secretary shall work with 
                appropriate educational institutions, operators, and 
                representatives of oil and gas workers to develop and 
                maintain adequate programs with educational 
                institutions and oil and gas operators, that are 
                designed--
                            (i) to enable persons to qualify for 
                        positions in the administration of this Act; 
                        and
                            (ii) to provide for the continuing 
                        education of inspectors or other appropriate 
                        Departmental personnel.
                    (B) Financial and technical assistance.--The 
                Secretary may provide financial and technical 
                assistance to educational institutions in carrying out 
                this paragraph.

SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE.

    (a) Establishment.--There is established in the Department an 
Office of Natural Resources Revenue (referred to in this section as the 
``Office'') to be headed by a Director of Natural Resources Revenue 
(referred to in this section as the ``Director'').
    (b) Appointment and Compensation.--
            (1) In general.--The Director shall be appointed by the 
        President, by and with the advice and consent of the Senate, on 
        the basis of--
                    (A) professional competence; and
                    (B) capacity to--
                            (i) administer the provisions of this Act; 
                        and
                            (ii) ensure that the fiduciary duties of 
                        the United States Government on behalf of the 
                        American people, as they relate to development 
                        of nonrenewable and renewable energy and 
                        mineral resources, are duly met.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for Level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary shall carry out, through the 
        Office--
                    (A) all functions, powers, and duties vested in the 
                Secretary and relating to the administration of the 
                royalty and revenue management functions pursuant to--
                            (i) the Outer Continental Shelf Lands Act 
                        (43 U.S.C. 1331 et seq.);
                            (ii) the Mineral Leasing Act (30 U.S.C. 181 
                        et seq.);
                            (iii) the Mineral Leasing Act for Acquired 
                        Lands (30 U.S.C. 351 et seq.);
                            (iv) the Geothermal Steam Act of 1970 (30 
                        U.S.C. 1001 et seq.);
                            (v) the Naval Petroleum Reserves Production 
                        Act of 1976 (42 U.S.C. 6501 et seq.);
                            (vi) the Federal Oil and Gas Royalty 
                        Management Act of 1982 (30 U.S.C. 1701 et 
                        seq.);
                            (vii) the Federal Oil and Gas Royalty 
                        Simplification and Fairness Act of 1996 (Public 
                        Law 104-185);
                            (viii) the Energy Policy Act of 2005 
                        (Public Law 109-58);
                            (ix) the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 1600 
                        et seq.);
                            (x) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                            (xi) this Act and all other applicable 
                        Federal laws; and
                    (B) all functions, powers, and duties previously 
                assigned to the Minerals Management Service (including 
                the authority to develop, promulgate, and enforce 
                regulations) regarding--
                            (i) royalty and revenue collection;
                            (ii) royalty and revenue distribution;
                            (iii) auditing and compliance;
                            (iv) investigation and enforcement of 
                        royalty and revenue regulations; and
                            (v) asset management for onshore and 
                        offshore activities.
    (d) Oversight.--In order to provide transparency and ensure strong 
oversight over the revenue program, the Secretary shall--
            (1) create within the Office an independent audit and 
        oversight program responsible for monitoring the performance of 
        the Office with respect to the duties and functions under 
        subsection (c), and conducting internal control audits of the 
        operations of the Office;
            (2) facilitate the participation of those Indian tribes and 
        States operating pursuant to cooperative agreements or 
        delegations under the Federal Oil and Gas Royalty Management 
        Act of 1982 (30 U.S.C. 1701 et seq.) on all of the management 
        teams, committees, councils, and other entities created by the 
        Office; and
            (3) assure prior consultation with those Indian tribes and 
        States referred to in paragraph (2) in the formulation all 
        policies, procedures, guidance, standards, and rules relating 
        to the functions referred to in subsection (c).

SEC. 104. ETHICS.

    (a) Certification.--The Secretary shall certify annually that all 
Department of the Interior officers and employees having regular, 
direct contact with lessees and operators as a function of their 
official duties are in full compliance with all Federal employee ethics 
laws and regulations under the Ethics in Government Act of 1978 (5 
U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and 
all guidance issued under subsection (b).
    (b) Guidance.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue supplementary ethics guidance 
for the employees for which certification is required under subsection 
(a).

SEC. 105. REFERENCES.

    (a) Bureau of Energy and Resource Management.--Any reference in any 
law, rule, regulation, directive, instruction, certificate, or other 
official document, in force immediately before the enactment of this 
Act--
            (1) to the Minerals Management Service that pertains to any 
        of the duties and authorities referred to in section 101 is 
        deemed to refer and apply to the Bureau of Energy and Resource 
        Management established by section 101;
            (2) to the Director of the Minerals Management Service that 
        pertains to any of the duties and authorities referred to in 
        section 101 is deemed to refer and apply to the Director of the 
        Bureau of Energy and Resource Management;
            (3) to any other position in the Minerals Management 
        Service that pertains to any of the duties and authorities 
        referred to in section 101 is deemed to refer and apply to that 
        same or equivalent position in the Bureau of Energy and 
        Resource Management;
            (4) to the Bureau of Land Management that pertains to any 
        of the duties and authorities referred to in section 101 is 
        deemed to refer and apply to the Bureau of Energy and Resource 
        Management;
            (5) to the Director of the Bureau of Land Management that 
        pertains to any of the duties and authorities referred to in 
        section 101 is deemed to refer and apply to the Director of the 
        Bureau of Energy and Resource Management; and
            (6) to any other position in the Bureau of Land Management 
        that pertains to any of the duties and authorities referred to 
        in section 101 is deemed to refer and apply to that same or 
        equivalent position in the Bureau of Energy and Resource 
        Management.
    (b) Bureau of Safety and Environmental Enforcement.--Any reference 
in any law, rule, regulation, directive, instruction, certificate or 
other official document in force immediately before the enactment of 
this Act--
            (1) to the Minerals Management Service that pertains to any 
        of the duties and authorities referred to in section 102 is 
        deemed to refer and apply to the Bureau of Safety and 
        Environmental Enforcement established by section 102;
            (2) to the Director of the Minerals Management Service that 
        pertains to any of the duties and authorities referred to in 
        section 102 is deemed to refer and apply to the Director of the 
        Bureau of Safety and Environmental Enforcement;
            (3) to any other position in the Minerals Management 
        Service that pertains to any of the duties and authorities 
        referred to in section 102 is deemed to refer and apply to that 
        same or equivalent position in the Bureau of Safety and 
        Environmental Enforcement;
            (4) to the Bureau of Land Management that pertains to any 
        of the duties and authorities referred to in section 102 is 
        deemed to refer and apply to the Bureau of Safety and 
        Environmental Enforcement;
            (5) to the Director of the Bureau of Land Management that 
        pertains to any of the duties and authorities referred to in 
        section 102 is deemed to refer and apply to the Director of the 
        Bureau of Safety and Environmental Enforcement; and
            (6) to any other position in the Bureau of Land Management 
        that pertains to any of the duties and authorities referred to 
        in section 102 is deemed to refer and apply to that same or 
        equivalent position in the Bureau of Safety and Environmental 
        Enforcement.
    (c) Office of Natural Resources Revenue.--Any reference in any law, 
rule, regulation, directive, or instruction, or certificate or other 
official document, in force immediately prior to enactment--
            (1) to the Minerals Management Service that pertains to any 
        of the duties and authorities referred to in section 103 is 
        deemed to refer and apply to the Office of Natural Resources 
        Revenue established by section 103;
            (2) to the Director of the Minerals Management Service that 
        pertains to any of the duties and authorities referred to in 
        section 103 is deemed to refer and apply to the Director of 
        Natural Resources Revenue; and
            (3) to any other position in the Minerals Management 
        Service that pertains to any of the duties and authorities 
        referred to in section 103 is deemed to refer and apply to that 
        same or equivalent position in the Office of Natural Resources 
        Revenue.

SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.

    (a) Abolishment.--The Minerals Management Service (in this section 
referred to as the ``Service'') is abolished.
    (b) Completed Administrative Actions.--
            (1) In general.--Completed administrative actions of the 
        Service shall not be affected by the enactment of this Act, but 
        shall continue in effect according to their terms until 
        amended, modified, superseded, terminated, set aside, or 
        revoked in accordance with law by an officer of the United 
        States or a court of competent jurisdiction, or by operation of 
        law.
            (2) Completed administrative action defined.--For purposes 
        of paragraph (1), the term ``completed administrative action'' 
        includes orders, determinations, rules, regulations, personnel 
        actions, permits, agreements, grants, contracts, certificates, 
        licenses, registrations, and privileges.
    (c) Pending Proceedings.--Subject to the authority of the Secretary 
of the Interior and the officers of the Department of the Interior 
under this Act--
            (1) pending proceedings in the Service, including notices 
        of proposed rulemaking, and applications for licenses, permits, 
        certificates, grants, and financial assistance, shall continue, 
        notwithstanding the enactment of this Act or the vesting of 
        functions of the Service in another agency, unless discontinued 
        or modified under the same terms and conditions and to the same 
        extent that such discontinuance or modification could have 
        occurred if this Act had not been enacted; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner and on the same terms as if this Act 
        had not been enacted, and any such orders shall continue in 
        effect until amended, modified, superseded, terminated, set 
        aside, or revoked by an officer of the United States or a court 
        of competent jurisdiction, or by operation of law.
    (d) Pending Civil Actions.--Subject to the authority of the 
Secretary of the Interior or any officer of the Department of the 
Interior under this Act, pending civil actions shall continue 
notwithstanding the enactment of this Act, and in such civil actions, 
proceedings shall be had, appeals taken, and judgments rendered and 
enforced in the same manner and with the same effect as if such 
enactment had not occurred.
    (e) References.--References relating to the Service in statutes, 
Executive orders, rules, regulations, directives, or delegations of 
authority that precede the effective date of this Act are deemed to 
refer, as appropriate, to the Department, to its officers, employees, 
or agents, or to its corresponding organizational units or functions. 
Statutory reporting requirements that applied in relation to the 
Service immediately before the effective date of this Act shall 
continue to apply.

SEC. 107. CONFORMING AMENDMENT.

    Section 5316 of title 5, United States Code, is amended by striking 
``Director, Bureau of Mines, Department of the Interior.'' and 
inserting the following new items:
            ``Director, Bureau of Energy and Resource Management, 
        Department of the Interior.
            ``Director, Bureau of Safety and Environmental Enforcement, 
        Department of the Interior.
            ``Director, Office of Natural Resources Revenue, Department 
        of the Interior.''.

SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVIRONMENTAL ADVISORY 
              BOARD.

    (a) Establishment.--The Secretary shall establish, under the 
Federal Advisory Committee Act, an Outer Continental Shelf Safety and 
Environmental Advisory Board (referred to in this section as the 
``Board''), to provide the Secretary and the Directors of the bureaus 
established by this title with independent scientific and technical 
advice on safe and environmentally compliant nonrenewable and renewable 
energy and mineral resource exploration, development, and production 
activities.
    (b) Membership.--
            (1) Size.--The Board shall consist of not more than 12 
        members, chosen to reflect a range of expertise in scientific, 
        engineering, management, environmental, and other disciplines 
        related to safe and environmentally compliant renewable and 
        nonrenewable energy and mineral resource exploration, 
        development, and production activities. The Secretary shall 
        consult with the National Academy of Sciences and the National 
        Academy of Engineering to identify potential candidates for the 
        Board.
            (2) Term.--The Secretary shall appoint Board members to 
        staggered terms of not more than 4 years, and shall not appoint 
        a member for more than 2 consecutive terms.
            (3) Balance.--In appointing members to the Board, the 
        Secretary shall ensure a balanced representation of industry- 
        and nonindustry-related interests.
    (c) Chair.--The Secretary shall appoint the Chair for the Board.
    (d) Meetings.--The Board shall meet not less than 3 times per year 
and, at least once per year, shall host a public forum to review and 
assess the overall safety and environmental performance of Outer 
Continental Shelf nonrenewable and renewable energy and mineral 
resource activities.
    (e) Reports.--Reports of the Board shall be submitted to the 
Congress and made available to the public in electronically accessible 
form.
    (f) Travel Expenses.--Members of the Board, other than full-time 
employees of the Federal Government, while attending meeting of the 
Board or while otherwise serving at the request of the Secretary or the 
Director while serving away from their homes or regular places of 
business, may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United States 
Code, for individuals in the Government serving without pay.

               TITLE II--FEDERAL OIL AND GAS DEVELOPMENT

 Subtitle A--Safety, Environmental, and Financial Reform of the Outer 
                      Continental Shelf Lands Act

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Outer Continental Shelf Lands 
Act Amendments of 2010''.

SEC. 202. DEFINITIONS.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended by adding at the end the following:
    ``(r) The term `safety case' means a body of evidence that provides 
a basis for determining whether a system is adequately safe for a given 
application in a given operating environment.''.

SEC. 203. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.

    Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) 
is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        that should be managed in a manner that--
                    ``(A) recognizes the need of the United States for 
                domestic sources of energy, food, minerals, and other 
                resources;
                    ``(B) minimizes the potential impacts of 
                development of those resources on the marine and 
                coastal environment and on human health and safety; and
                    ``(C) acknowledges the long-term economic value to 
                the United States of the balanced and orderly 
                management of those resources that safeguards the 
                environment and respects the multiple values and uses 
                of the outer Continental Shelf;'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon;
            (3) in paragraph (5), by striking ``should be'' and 
        inserting ``shall be'', and striking ``; and'' and inserting a 
        semicolon;
            (4) by redesignating paragraph (6) as paragraph (7);
            (5) by inserting after paragraph (5) the following:
            ``(6) exploration, development, and production of energy 
        and minerals on the outer Continental Shelf should be allowed 
        only when those activities can be accomplished in a manner that 
        minimizes--
                    ``(A) harmful impacts to life (including fish and 
                other aquatic life) and health;
                    ``(B) damage to the marine, coastal, and human 
                environments and to property; and
                    ``(C) harm to other users of the waters, seabed, or 
                subsoil; and''; and
            (6) in paragraph (7) (as so redesignated), by--
                    (A) striking ``should be'' and inserting ``shall 
                be'';
                    (B) inserting ``best available'' after ``using''; 
                and
                    (C) striking ``or minimize''.

SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTINENTAL SHELF.

    Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1333(a)(1)) is amended by--
            (1) inserting ``or producing or supporting production of 
        energy from sources other than oil and gas'' after 
        ``therefrom'';
            (2) inserting ``or transmitting such energy'' after 
        ``transporting such resources''; and
            (3) inserting ``and other energy'' after ``That mineral''.

SEC. 205. OUTER CONTINENTAL SHELF LEASING STANDARD.

    (a) In General.--Section 5 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1334) is amended--
            (1) in subsection (a), by striking ``The Secretary may at 
        any time'' and inserting ``The Secretary shall'';
            (2) in the second sentence of subsection (a), by adding 
        after ``provide for'' the following: ``operational safety, the 
        protection of the marine and coastal environment, and'';
            (3) in subsection (a), by inserting ``and the Secretary of 
        Commerce with respect to matters that may affect the marine and 
        coastal environment'' after ``which may affect competition'';
            (4) in clause (ii) of subsection (a)(2)(A), by striking ``a 
        reasonable period of time'' and inserting ``30 days'';
            (5) in subsection (a)(7), by inserting ``in a manner that 
        minimizes harmful impacts to the marine and coastal 
        environment'' after ``lease area'';
            (6) in subsection (a), by striking ``and'' after the 
        semicolon at the end of paragraph (7), redesignating paragraph 
        (8) as paragraph (12), and inserting after paragraph (7) the 
        following:
            ``(8) for independent third-party certification 
        requirements of safety systems related to well control, such as 
        blowout preventers;
            ``(9) for performance requirements for blowout preventers, 
        including quantitative risk assessment standards, subsea 
        testing, and secondary activation methods;
            ``(10) for independent third-party certification 
        requirements of well casing and cementing programs and 
        procedures;
            ``(11) for the establishment of mandatory safety and 
        environmental management systems by operators on the Outer 
        Continental Shelf;'';
            (7) in subsection (a), by striking the period at the end of 
        paragraph (12), as so redesignated, and inserting ``; and'', 
        and by adding at the end the following:
            ``(13) ensuring compliance with other applicable 
        environmental and natural resource conservation laws.''; and
            (8) by adding at the end the following new subsection:
    ``(k) Documents Incorporated by Reference.--Any documents 
incorporated by reference in regulations promulgated by the Secretary 
pursuant to this Act shall be made available to the public, free of 
charge, on a website maintained by the Secretary.''.
    (b) Conforming Amendment.--Subsection (g) of section 25 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1351), as redesignated by 
section 215(4) of this Act, is further amended by striking ``paragraph 
(8) of section 5(a) of this Act'' each place it appears and inserting 
``paragraph (12) of section 5(a) of this Act''.

SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY.

    (a) Financial Assurance and Fiscal Responsibility.--Section 8 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by 
adding at the end the following:
    ``(q) Review of Bond and Surety Amounts.--Not later than May 1, 
2011, and every 5 years thereafter, the Secretary shall review the 
minimum financial responsibility requirements for leases issued under 
this section and shall ensure that any bonds or surety required are 
adequate to comply with the requirements of this Act or the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.).
    ``(r) Periodic Fiscal Review and Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection and every 3 years thereafter, the 
        Secretary shall carry out a review and prepare a report setting 
        forth--
                    ``(A)(i) the royalty and rental rates included in 
                new offshore oil and gas leases; and
                    ``(ii) the rationale for the rates;
                    ``(B) whether, in the view of the Secretary, the 
                royalty and rental rates described in subparagraph (A) 
                will yield a fair return to the public while promoting 
                the production of oil and gas resources in a timely 
                manner;
                    ``(C)(i) the minimum bond or surety amounts 
                required pursuant to offshore oil and gas leases; and
                    ``(ii) the rationale for the minimum amounts;
                    ``(D) whether the bond or surety amounts described 
                in subparagraph (C) are adequate to comply with 
                subsection (q); and
                    ``(E) whether the Secretary intends to modify the 
                royalty or rental rates, or bond or surety amounts, 
                based on the review.
            ``(2) Public participation.--In carrying out a review and 
        preparing a report under paragraph (1), the Secretary shall 
        provide to the public an opportunity to participate.
            ``(3) Report deadline.--Not later than 30 days after the 
        date on which the Secretary completes a report under paragraph 
        (1), the Secretary shall transmit copies of the report to--
                    ``(A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    ``(B) the Committee on Natural Resources of the 
                House of Representatives.
    ``(s) Comparative Review of Fiscal System.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection and every 5 years thereafter, the 
        Secretary shall carry out a comprehensive review of all 
        components of the Federal offshore oil and gas fiscal system, 
        including requirements for--
                    ``(A) bonus bids;
                    ``(B) rental rates;
                    ``(C) royalties; and
                    ``(D) oil and gas taxes.
            ``(2) Requirements.--
                    ``(A) Contents; scope.--A review under paragraph 
                (1) shall include--
                            ``(i) the information and analyses 
                        necessary to compare the offshore bonus bids, 
                        rents, royalties, and taxes of the Federal 
                        Government to the offshore bonus bids, rents, 
                        royalties, and taxes of other resource owners, 
                        including States and foreign countries; and
                            ``(ii) an assessment of the overall 
                        offshore oil and gas fiscal system in the 
                        United States, as compared to foreign 
                        countries.
                    ``(B) Independent advisory committee.--In carrying 
                out a review under paragraph (1), the Secretary shall 
                convene and seek the advice of an independent advisory 
                committee comprised of oil and gas and fiscal experts 
                from States, Indian tribes, academia, the energy 
                industry, and appropriate nongovernmental 
                organizations.
            ``(3) Report.--
                    ``(A) In general.--The Secretary shall prepare a 
                report that contains--
                            ``(i) the contents and results of the 
                        review carried out under paragraph (1) for the 
                        period covered by the report; and
                            ``(ii) any recommendations of the Secretary 
                        based on the contents and results of the 
                        review.
                    ``(B) Report deadline.--Not later than 30 days 
                after the date on which the Secretary completes a 
                report under paragraph (1), the Secretary shall 
                transmit copies of the report to the Committee on 
                Natural Resources of the House of Representatives and 
                the Committee on Energy and Natural Resources of the 
                Senate.''.
    (b) Environmental Diligence.--Section 8 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337) is amended by striking subsection (d) 
and inserting the following:
    ``(d) Requirement for Certification of Responsible Stewardship.--
            ``(1) Certification requirement.--No bid or request for a 
        lease, easement, or right-of-way under this section, or for a 
        permit to drill under section 11(d), may be submitted by any 
        person unless the person certifies to the Secretary that the 
        person (including any related person and any predecessor of 
        such person or related person) meets each of the following 
        requirements:
                    ``(A) The person is meeting due diligence, safety, 
                and environmental requirements on other leases, 
                easements, and rights-of-way.
                    ``(B) In the case of a person that is a responsible 
                party for a vessel or a facility from which oil is 
                discharged, for purposes of section 1002 of the Oil 
                Pollution Act of 1990 (33 U.S.C. 2702), the person has 
                met all of its obligations under that Act to provide 
                compensation for covered removal costs and damages.
                    ``(C) In the 7-year period ending on the date of 
                certification, the person, in connection with 
                activities in the oil industry (including exploration, 
                development, production, transportation by pipeline, 
                and refining)--
                            ``(i) was not found to have committed 
                        willful or repeated violations under the 
                        Occupational Safety and Health Act of 1970 (29 
                        U.S.C. 651 et seq.) (including State plans 
                        approved under section 18(c) of such Act (29 
                        U.S.C. 667(c))) at a rate that is higher than 
                        five times the rate determined by the Secretary 
                        to be the oil industry average for such 
                        violations for such period;
                            ``(ii) was not convicted of a criminal 
                        violation for death or serious bodily injury;
                            ``(iii) did not have more than 10 
                        fatalities at its exploration, development, and 
                        production facilities and refineries as a 
                        result of violations of Federal or State 
                        health, safety, or environmental laws;
                            ``(iv) was not assessed, did not enter into 
                        an agreement to pay, and was not otherwise 
                        required to pay, civil penalties and criminal 
                        fines for violations the person was found to 
                        have committed under the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 et seq.) 
                        (including State programs approved under 
                        sections 402 and 404 of such Act (33 U.S.C. 
                        1342 and 1344)) in a total amount that is equal 
                        to more than $10,000,000; and
                            ``(v) was not assessed, did not enter into 
                        an agreement to pay, and was not otherwise 
                        required to pay, civil penalties and criminal 
                        fines for violations the person was found to 
                        have committed under the Clean Air Act (42 
                        U.S.C. 7401 et seq.) (including State plans 
                        approved under section 110 of such Act (42 
                        U.S.C. 7410)) in a total amount that is equal 
                        to more than $10,000,000.
            ``(2) Enforcement.--If the Secretary determines that a 
        certification made under paragraph (1) is false, the Secretary 
        shall cancel any lease, easement, or right of way and shall 
        revoke any permit with respect to which the certification was 
        required under such paragraph.
            ``(3) Definition of related person.--For purposes of this 
        subsection, the term `related person' includes a parent, 
        subsidiary, affiliate, member of the same controlled group, 
        contractor, subcontractor, a person holding a controlling 
        interest or in which a controlling interest is held, and a 
        person with substantially the same board members, senior 
        officers, or investors.''.
    (c) Alternative Energy Development.--
            (1) Clarification relating to alternative energy 
        development.--Section 8(p) of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1337(p)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or'' after ``1501 et 
                        seq.),'', and by striking ``or other applicable 
                        law,''; and
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) use, for energy-related purposes, facilities 
                currently or previously used for activities authorized 
                under this Act, except that any oil and gas energy-
                related uses shall not be authorized in areas in which 
                oil and gas preleasing, leasing, and related activities 
                are prohibited by a moratorium.''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (E), by striking 
                        ``coordination'' and inserting ``in 
                        consultation''; and
                            (ii) in subparagraph (J)(ii), by inserting 
                        ``a potential site for an alternative energy 
                        facility,'' after ``deepwater port,''.
            (2) Noncompetitive alternative energy lease options.--
        Section 8(p)(3) of such Act (43 U.S.C. 1337(p)(3)) is amended 
        to read as follows:
            ``(3) Competitive or noncompetitive basis.--Any lease, 
        easement, right-of-way, or other authorization granted under 
        paragraph (1) shall be issued on a competitive basis, unless--
                    ``(A) the lease, easement, right-of-way, or other 
                authorization relates to a project that meets the 
                criteria established under section 388(d) of the Energy 
                Policy Act of 2005 (43 U.S.C. 1337 note; Public Law 
                109-58);
                    ``(B) the lease, easement, right-of-way, or other 
                authorization--
                            ``(i) is for the placement and operation of 
                        a meteorological or marine data collection 
                        facility; and
                            ``(ii) has a term of not more than 5 years; 
                        or
                    ``(C) the Secretary determines, after providing 
                public notice of a proposed lease, easement, right-of-
                way, or other authorization, that no competitive 
                interest exists.''.
    (d) Review of Impacts of Lease Sales on the Marine and Coastal 
Environment by Secretary.--Section 8 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337) is amended by adding at the end of 
subsection (a) the following:
            ``(9) At least 60 days prior to any lease sale, the 
        Secretary shall request a review by the Secretary of Commerce 
        of the proposed sale with respect to impacts on the marine and 
        coastal environment. The Secretary of Commerce shall complete 
        and submit in writing the results of that review within 60 days 
        after receipt of the Secretary of the Interior's request.''.
    (e) Limitation on Lease Tract Size.--Section 8(b)(1) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(b)(1)) is amended by 
striking ``, unless the Secretary finds that a larger area is necessary 
to comprise a reasonable economic production unit''.
    (f) Sulphur Leases.--Section 8(i) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(i)) is amended by striking ``meet the urgent 
need'' and inserting ``allow''.
    (g) Terms and Provisions.--Section 8(b) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(b)) is amended by striking ``An oil and 
gas lease issued pursuant to this section shall'' and inserting ``An 
oil and gas lease may be issued pursuant to this section only if the 
Secretary determines that activities under the lease are not likely to 
result in any condition described in section 5(a)(2)(A)(i), and 
shall''.

SEC. 207. DISPOSITION OF REVENUES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended to read as follows:

``SEC. 9. DISPOSITION OF REVENUES.

    ``(a) General.--Except as provided in subsections (b), (c), and 
(d), all rentals, royalties, and other sums paid to the Secretary or 
the Secretary of the Navy under any lease on the outer Continental 
Shelf for the period from June 5, 1950, to date, and thereafter shall 
be deposited in the Treasury of the United States and credited to 
miscellaneous receipts.
    ``(b) Land and Water Conservation Fund.--Effective for fiscal year 
2011 and each fiscal year thereafter, $900,000,000 of the amounts 
referred to in subsection (a) shall be deposited in the Treasury of the 
United States and credited to the Land and Water Conservation Fund. 
These sums shall be available to the Secretary, without further 
appropriation or fiscal year limitation, for carrying out the purposes 
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
et seq.).
    ``(c) Historic Preservation Fund.--Effective for fiscal year 2011 
and each fiscal year thereafter, $150,000,000 of the amounts referred 
to in subsection (a) shall be deposited in the Treasury of the United 
States and credited to the Historic Preservation Fund. These sums shall 
be available to the Secretary, without further appropriation or fiscal 
year limitation, for carrying out the purposes of the National Historic 
Preservation Fund Act of 1966 (16 U.S.C. 470 et seq.).
    ``(d) Ocean Resources Conservation and Assistance Fund.--Effective 
for each fiscal year 2011 and thereafter, 10 percent of the amounts 
referred to in subsection (a) shall be deposited in the Treasury of the 
United States and credited to the Ocean Resources Conservation and 
Assistance Fund established by the Consolidated Land, Energy, and 
Aquatic Resources Act of 2010. These sums shall be available to the 
Secretary, without further appropriation or fiscal year limitation, for 
carrying out the purposes of section 605 of the Consolidated Land, 
Energy, and Aquatic Resources Act of 2010.
    ``(e) Savings Provision.--Nothing in this section shall decrease 
the amount any State shall receive pursuant to section 8(g) of this Act 
or section 105 of the Gulf of Mexico Energy Security Act (43 U.S.C. 
1331 note).''.

SEC. 208. EXPLORATION PLANS.

    (a) Limitation on Harm From Agency Exploration.--Section 11(a)(1) 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(a)(1)) is 
amended by striking ``unduly harmful to'' and inserting ``likely to 
harm''.
    (b) Exploration Plan Review.--Section 11(c) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340(c)), is amended--
            (1) by inserting ``(A)'' before the first sentence;
            (2) in paragraph (1)(A), as designated by the amendment 
        made by paragraph (1) of this subsection--
                    (A) by striking ``and the provisions of such 
                lease'' and inserting ``the provisions of such lease, 
                and other applicable environmental and natural resource 
                conservation laws''; and
                    (B) by striking the fourth sentence and inserting 
                the following:
    ``(B) The Secretary shall approve such plan, as submitted or 
modified, within 90 days after its submission and it is made publicly 
accessible by the Secretary, or within such additional time as the 
Secretary determines is necessary to complete any environmental, 
safety, or other reviews, if the Secretary determines that--
            ``(i) any proposed activity under such plan is not likely 
        to result in any condition described in section 5(a)(2)(A)(i);
            ``(ii) the plan complies with other applicable 
        environmental or natural resource conservation laws; and
            ``(iii) the applicant has demonstrated the capability and 
        technology to respond immediately and effectively to a worst-
        case oil spill in real-world conditions in the area of the 
        proposed activity.''; and
            (3) by adding at the end the following:
            ``(5) If the Secretary requires greater than 90 days to 
        review an exploration plan submitted pursuant to any oil and 
        gas lease issued or maintained under this Act, then the 
        Secretary may provide for a suspension of that lease pursuant 
        to section 5 until the review of the exploration plan is 
        completed.''.
    (c) Requirements.--Section 11(c) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340(c), is amended by amending paragraph (3) to 
read as follows:
            ``(3) An exploration plan submitted under this subsection 
        shall include, in the degree of detail that the Secretary may 
        by regulation require--
                    ``(A) a schedule of anticipated exploration 
                activities to be undertaken;
                    ``(B) a detailed and accurate description of 
                equipment to be used for such activities, including--
                            ``(i) a description of each drilling unit;
                            ``(ii) a statement of the design and 
                        condition of major safety-related pieces of 
                        equipment, including independent third party 
                        certification of such equipment; and
                            ``(iii) a description of any new technology 
                        to be used;
                    ``(C) a map showing the location of each well to be 
                drilled;
                    ``(D) a scenario for the potential blowout of the 
                well involving the highest potential volume of liquid 
                hydrocarbons, along with a complete description of a 
                response plan to both control the blowout and manage 
                the accompanying discharge of hydrocarbons, including 
                the likelihood for surface intervention to stop the 
                blowout, the availability of a rig to drill a relief 
                well, an estimate of the time it would take to drill a 
                relief well, a description of other technology that may 
                be used to regain control of the well or capture 
                escaping hydrocarbons and the potential timeline for 
                using that technology for its intended purpose, and the 
                strategy, organization, and resources necessary to 
                avoid harm to the environment and human health from 
                hydrocarbons;
                    ``(E) an analysis of the potential impacts of the 
                worst-case-scenario discharge of hydrocarbons on the 
                marine, coastal, and human environments for activities 
                conducted pursuant to the proposed exploration plan; 
                and
                    ``(F) such other information deemed pertinent by 
                the Secretary.''.
    (d) Drilling Permits.--Section 11(d) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340(d)) is amended by to read as follows:
    ``(d) Drilling Permits.--
            ``(1) In general.--The Secretary shall, by regulation, 
        require that any lessee operating under an approved exploration 
        plan obtain a permit prior to drilling any well in accordance 
        with such plan, and prior to any significant modification of 
        the well design as originally approved by the Secretary.
            ``(2) Engineering review required.--The Secretary may not 
        grant any drilling permit or modification of the permit prior 
        to completion of a full engineering review of the well system, 
        including a determination that critical safety systems, 
        including blowout prevention, will utilize best available 
        technology and that blowout prevention systems will include 
        redundancy and remote triggering capability.
            ``(3) Operator safety and environmental management 
        required.--The Secretary shall not grant any drilling permit or 
        modification of the permit prior to completion of a safety and 
        environmental management plan to be utilized by the operator 
        during all well operations.''.
    (e) Exploration Permit Requirements.--Section 11(g) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340(g)) is amended by--
            (1) striking ``shall be issued'' and inserting ``may be 
        issued'';
            (2) inserting ``and after consultation with the Secretary 
        of Commerce,'' after ``in accordance with regulations issued by 
        the Secretary'';
            (3) striking the ``and'' at the end of paragraph (2);
            (4) in paragraph (3) striking ``will not be unduly harmful 
        to'' and inserting ``is not likely to harm'';
            (5) striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (6) adding at the end the following:
            ``(4) the exploration will be conducted in accordance with 
        other applicable environmental and natural resource 
        conservation laws;
            ``(5) in the case of geophysical surveys, the applicant 
        shall use the best available technologies and methods to 
        minimize impacts on marine life; and
            ``(6) in the case of drilling operations, the applicant has 
        available oil spill response and clean-up equipment and 
        technology that has been demonstrated to be capable of 
        effectively remediating a worst-case release of oil.''.
    (f) Environmental Review of Plans; Deepwater Plan; Plan 
Disapproval.--Section 11 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1340) is amended by adding at the end the following:
    ``(i) Environmental Review of Plans.--The Secretary shall treat the 
approval of an exploration plan, or a significant revision of such a 
plan, as an agency action requiring preparation of an environmental 
assessment or environmental impact statement in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
shall require that such plan--
            ``(1) be based on the best available technology to ensure 
        safety in carrying out both the drilling of the well and any 
        oil spill response; and
            ``(2) contain a technical systems analysis of the safety of 
        the proposed activity, the blowout prevention technology, and 
        the blowout and spill response plans.
    ``(j) Disapproval of Plan.--
            ``(1) In general.--The Secretary shall disapprove the plan 
        if the Secretary determines, because of exceptional geological 
        conditions in the lease areas, exceptional resource values in 
        the marine or coastal environment, or other exceptional 
        circumstances, that--
                    ``(A) implementation of the plan would probably 
                cause serious harm or damage to life (including fish 
                and other aquatic life), to property, to any mineral 
                deposits (in areas leased or not leased), to the 
                national security or defense, or to the marine, 
                coastal, or human environments;
                    ``(B) the threat of harm or damage will not 
                disappear or decrease to an acceptable extent within a 
                reasonable period of time; and
                    ``(C) the advantages of disapproving the plan 
                outweigh the advantages of exploration.
            ``(2) Cancellation of lease for disapproval of plan.--If a 
        plan is disapproved under this subsection, the Secretary may 
        cancel such lease in accordance with subsection (c)(1) of this 
        section.''.

SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a) in the second sentence by striking 
        ``meet national energy needs'' and inserting ``balance national 
        energy needs and the protection of the marine and coastal 
        environment and all the resources in that environment,'';
            (2) in subsection (a)(1), by striking ``considers'' and 
        inserting ``gives equal consideration to'';
            (3) in subsection (a)(2)(A)--
                    (A) by striking ``existing'' and inserting ``the 
                best available scientific''; and
                    (B) by inserting ``, including at least three 
                consecutive years of data'' after ``information'';
            (4) in subsection (a)(2)(D), by inserting ``, potential and 
        existing sites of renewable energy installations'' after 
        ``deepwater ports,'';
            (5) in subsection (a)(2)(H), by inserting ``including the 
        availability of infrastructure to support oil spill response'' 
        before the period;
            (6) in subsection (a)(3), by--
                    (A) striking ``to the maximum extent 
                practicable,'';
                    (B) striking ``obtain a proper balance between'' 
                and inserting ``minimize''; and
                    (C) striking ``damage,'' and all that follows 
                through the period and inserting ``damage and adverse 
                impacts on the marine, coastal, and human environments, 
                and enhancing the potential for the discovery of oil 
                and gas.'';
            (7) in subsection (b)(1), by inserting ``environmental, 
        marine, and energy'' after ``obtain'';
            (8) in subsection (b)(2), by inserting ``environmental, 
        marine, and'' after ``interpret the'';
            (9) in subsection (b)(3), by striking ``and'' after the 
        semicolon at the end;
            (10) by striking the period at the end of subsection (b)(4) 
        and inserting a semicolon;
            (11) by adding at the end of subsection (b) the following:
            ``(5) provide technical review and oversight of exploration 
        plans and a systems review of the safety of well designs and 
        other operational decisions;
            ``(6) conduct regular and thorough safety reviews and 
        inspections; and
            ``(7) enforce all applicable laws and regulations.'';
            (12) in the first sentence of subsection (c)(1), by 
        inserting ``the National Oceanic and Atmospheric Administration 
        and'' after ``including'';
            (13) in subsection (c)(2)--
                    (A) by inserting after the first sentence the 
                following: ``The Secretary shall also submit a copy of 
                such proposed program to the head of each Federal 
                agency referred to in, or that otherwise provided 
                suggestions under, paragraph (1).'';
                    (B) in the third sentence, by inserting ``or head 
                of a Federal agency'' after ``such Governor''; and
                    (C) in the fourth sentence, by inserting ``or 
                between the Secretary and the head of a Federal 
                agency,'' after ``affected State,'';
            (14) in the second sentence of subsection (d)(2), by 
        inserting ``, the head of a Federal agency,'' after ``Attorney 
        General'';
            (15) in subsection (g), by inserting after the first 
        sentence the following: ``Such information may include existing 
        inventories and mapping of marine resources previously 
        undertaken by the Department of the Interior and the National 
        Oceanic and Atmospheric Administration, information provided by 
        the Department of Defense, and other available data regarding 
        energy or mineral resource potential, navigation uses, 
        fisheries, aquaculture uses, recreational uses, habitat, 
        conservation, and military uses on the outer Continental 
        Shelf.''; and
            (16) by adding at the end the following new subsection:
    ``(i) Research and Development.--The Secretary shall carry out a 
program of research and development to ensure the continued improvement 
of methodologies for characterizing resources of the outer Continental 
Shelf and conditions that may affect the ability to develop and use 
those resources in a safe, sound, and environmentally responsible 
manner. Such research and development activities may include activities 
to provide accurate estimates of energy and mineral reserves and 
potential on the Outer Continental Shelf and any activities that may 
assist in filling gaps in environmental data needed to develop each 
leasing program under this section.''.

SEC. 210. ENVIRONMENTAL STUDIES.

    (a) Information Needed for Assessment and Management of 
Environmental Impacts.--Section 20 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1346) is amended by striking so much as precedes 
subsection (a)(2) and inserting the following:

``SEC. 20. ENVIRONMENTAL STUDIES.

    ``(a)(1) The Secretary, in cooperation with the Secretary of 
Commerce, shall conduct a study no less than once every three years of 
any area or region included in any oil and gas lease sale or other 
lease in order to establish information needed for assessment and 
management of environmental impacts on the human, marine, and coastal 
environments of the outer Continental Shelf and the coastal areas which 
may be affected by oil and gas or other mineral development in such 
area or region.''.
    (b) Impacts of Deep Water Spills.--Section 20 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1346) is amended by--
            (1) redesignating subsections (c) through (f) as (d) 
        through (g); and
            (2) inserting after subsection (b) the following new 
        subsection:
    ``(c) The Secretary shall conduct research to identify and reduce 
data gaps related to impacts of deepwater hydrocarbon spills, 
including--
            ``(1) effects to benthic substrate communities and species;
            ``(2) water column habitats and species;
            ``(3) surface and coastal impacts from spills originating 
        in deep waters; and
            ``(4) the use of dispersants.''.

SEC. 211. SAFETY REGULATIONS.

    Section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1347) is amended--
            (1) in subsection (a), by striking ``Upon the date of 
        enactment of this section,'' and inserting ``Within 6 months 
        after the date of enactment of the Outer Continental Shelf 
        Lands Act Amendments of 2010 and every three years 
        thereafter,'';
            (2) in subsection (b) by--
                    (A) striking ``for the artificial islands, 
                installations, and other devices referred to in section 
                4(a)(1) of'' and inserting ``under'';
                    (B) striking ``which the Secretary determines to be 
                economically feasible''; and
                    (C) adding at the end ``Not later than 6 months 
                after the date of enactment of the Outer Continental 
                Shelf Lands Act Amendments of 2010 and every 3 years 
                thereafter, the Secretary shall, in consultation with 
                the Outer Continental Shelf Safety and Environmental 
                Advisory Board established under title I of the 
                Consolidated Land, Energy, and Aquatic Resources Act of 
                2010, identify and publish an updated list of (1) the 
                best available technologies for key areas of well 
                design and operation, including blowout prevention and 
                blowout and oil spill response and (2) technology needs 
                for which the Secretary intends to identify best 
                available technologies in the future.''; and
            (3) by adding at the end the following:
    ``(g) Safety Case.--Not later than 6 months after the date of 
enactment of the Outer Continental Shelf Lands Act Amendments of 2010, 
the Secretary shall promulgate regulations requiring a safety case be 
submitted along with each new application for a permit to drill on the 
outer Continental Shelf. Not later than 5 years after the date final 
regulations promulgated under this subsection go into effect, and not 
less than every 5 years thereafter, the Secretary shall enter into an 
arrangement with the National Academy of Engineering to conduct a study 
to assess the effectiveness of these regulations and to recommend 
improvements in their administration.
    ``(h) Offshore Technology Research and Risk Assessment Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, and risk assessment to address 
        technology and development issues associated with exploration 
        for, and development and production of, energy and mineral 
        resources on the outer Continental Shelf, with the primary 
        purpose of informing its role relating to safety, environmental 
        protection, and spill response.
            ``(2) Specific focus areas.--The program under this 
        subsection shall include research and development related to--
                    ``(A) risk assessment, using all available data 
                from safety and compliance records both within the 
                United States and internationally;
                    ``(B) analysis of industry trends in technology, 
                investment, and frontier areas;
                    ``(C) reviews of best available technologies, 
                including those associated with pipelines, blowout 
                preventer mechanisms, casing, well design, and other 
                associated infrastructure related to offshore energy 
                development;
                    ``(D) oil spill response and mitigation;
                    ``(E) risk associated with human factors;
                    ``(F) technologies and methods to reduce the impact 
                of geophysical exploration activities on marine life; 
                and
                    ``(G) renewable energy operations.''.

SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS.

    Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1348) is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Inspections.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall individually, or 
jointly if they so agree, promulgate regulations to provide for--
            ``(1) scheduled onsite inspection, at least once a year, of 
        each facility on the outer Continental Shelf which is subject 
        to any environmental or safety regulation promulgated pursuant 
        to this Act, which inspection shall include all safety 
        equipment designed to prevent or ameliorate blowouts, fires, 
        spillages, or other major accidents;
            ``(2) scheduled onsite inspection, at least once a month, 
        of each facility on the outer Continental Shelf engaged in 
        drilling operations and which is subject to any environmental 
        or safety regulation promulgated pursuant to this Act, which 
        inspection shall include all safety equipment designed to 
        prevent or ameliorate blowouts, fires, spillages, or other 
        major accidents;
            ``(3) periodic onsite inspection without advance notice to 
        the operator of such facility to assure compliance with such 
        environmental or safety regulations; and
            ``(4) periodic audits of each required safety and 
        environmental management plan, and any associated safety case, 
        both with respect to their implementation at each facility on 
        the outer Continental Shelf for which such a plan or safety 
        case is required and with respect to onshore management support 
        for activities at such a facility.'';
            (2) in subsection (d)(1)--
                    (A) by striking ``each major fire and each major 
                oil spillage'' and inserting ``each major fire, each 
                major oil spillage, each loss of well control, and any 
                other accident that presented a serious risk to human 
                or environmental safety''; and
                    (B) by inserting before the period at the end the 
                following: ``, as a condition of the lease or permit'';
            (3) in subsection (d)(2), by inserting before the period at 
        the end the following: ``as a condition of the lease or 
        permit'';
            (4) in subsection (e), by adding at the end the following: 
        ``Any such allegation from any employee of the lessee or any 
        subcontractor of the lessee shall be investigated by the 
        Secretary.'';
            (5) in subsection (b)(1), by striking ``recognized'' and 
        inserting ``uncontrolled''; and
            (6) by adding at the end the following:
    ``(g) Information on Causes and Corrective Actions.--For any 
incident investigated under this section, the Secretary shall promptly 
make available to all lessees and the public technical information 
about the causes and corrective actions taken. All data and reports 
related to any such incident shall be maintained in a data base 
available to the public.
    ``(h) Operator's Annual Certification.--
            ``(1) The Secretary, in cooperation with the Secretary of 
        the department in which the Coast Guard is operating, shall 
        require all operators of all new and existing drilling and 
        production operations to annually certify that their operations 
        are being conducted in accordance with applicable law and 
        regulations.
            ``(2) Each certification shall include, but, not be limited 
        to, statements that verify the operator has--
                    ``(A) examined all well control system equipment 
                (both surface and subsea) being used to ensure that it 
                has been properly maintained and is capable of shutting 
                in the well during emergency operations;
                    ``(B) examined and conducted tests to ensure that 
                the emergency equipment has been function-tested and is 
                capable of addressing emergency situations;
                    ``(C) reviewed all rig drilling, casing, cementing, 
                well abandonment (temporary and permanent), completion, 
                and workover practices to ensure that well control is 
                not compromised at any point while emergency equipment 
                is installed on the wellhead;
                    ``(D) reviewed all emergency shutdown and dynamic 
                positioning procedures that interface with emergency 
                well control operations; and
                    ``(E) taken the necessary steps to ensure that all 
                personnel involved in well operations are properly 
                trained and capable of performing their tasks under 
                both normal drilling and emergency well control 
                operations.
    ``(i) CEO Annual Certification.--Operators of all drilling and 
production operations shall annually submit to the Secretary a general 
statement by the operator's chief executive officer that certifies to 
the operators' compliance with all applicable laws and operating 
regulations.
    ``(j) Third Party Certification.--All operators that modify or 
upgrade any emergency equipment placed on any operation to prevent 
blow-outs or other well control events, shall have an independent third 
party conduct a detailed physical inspection and design review of such 
equipment within 30-days of its installation. The independent third 
party shall certify that the equipment will operate as originally 
designed and any modifications or upgrades conducted after delivery 
have not compromised the design, performance or functionality of the 
equipment. Failure to comply with this subsection shall result in 
suspension of the lease.''.

SEC. 213. JUDICIAL REVIEW.

    Section 23(c)(3) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1349(c)(3)) is amended by striking ``sixty'' and inserting 
``90''.

SEC. 214. REMEDIES AND PENALTIES.

    (a) Civil Penalty, Generally.--Section 24(b) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended to read as 
follows:
    ``(b)(1) Except as provided in paragraph (2), any person who fails 
to comply with any provision of this Act, or any term of a lease, 
license, or permit issued pursuant to this Act, or any regulation or 
order issued under this Act, shall be liable for a civil administrative 
penalty of not more than $75,000 for each day of the continuance of 
such failure. The Secretary may assess, collect, and compromise any 
such penalty. No penalty shall be assessed until the person charged 
with a violation has been given an opportunity for a hearing. The 
Secretary shall, by regulation at least every 3 years, adjust the 
penalty specified in this paragraph to reflect any increases in the 
Consumer Price Index (all items, United States city average) as 
prepared by the Department of Labor.
    ``(2) If a failure described in paragraph (1) constitutes or 
constituted a threat of harm or damage to life (including fish and 
other aquatic life), property, any mineral deposit, or the marine, 
coastal, or human environment, a civil penalty of not more than 
$150,000 shall be assessed for each day of the continuance of the 
failure.''.
    (b) Knowing and Willful Violations.--Section 24(c) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1350(c)) is amended in paragraph 
(4) by striking ``$100,000$100,000'' and inserting ``$10,000,000''.
    (c) Officers and Agents of Corporations.--Section 24(d) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1350(d)) is amended by 
inserting ``, or with willful disregard,'' after ``knowingly and 
willfully''.

SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL SHELF.

    Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1351) is amended--
            (1) by striking ``other than the Gulf of Mexico,'' in each 
        place it appears;
            (2) in subsection (c), by striking ``and'' after the 
        semicolon at the end of paragraph (5), redesignating paragraph 
        (6) as paragraph (11), and inserting after paragraph (5) the 
        following new paragraphs:
            ``(6) a detailed and accurate description of equipment to 
        be used for the drilling of wells pursuant to activities 
        included in the development and production plan, including--
                    ``(A) a description of the drilling unit or units;
                    ``(B) a statement of the design and condition of 
                major safety-related pieces of equipment, including 
                independent third-party certification of such 
                equipment; and
                    ``(C) a description of any new technology to be 
                used;
            ``(7) a scenario for the potential blowout of each well to 
        be drilled as part of the plan involving the highest potential 
        volume of liquid hydrocarbons, along with a complete 
        description of a response plan to both control the blowout and 
        manage the accompanying discharge of hydrocarbons, including 
        the likelihood for surface intervention to stop the blowout, 
        the availability of a rig to drill a relief well, an estimate 
        of the time it would take to drill a relief well, a description 
        of other technology that may be used to regain control of the 
        well or capture escaping hydrocarbons and the potential 
        timeline for using that technology for its intended purpose, 
        and the strategy, organization, and resources necessary to 
        avoid harm to the environment and human health from 
        hydrocarbons;
            ``(8) an analysis of the potential impacts of the worst-
        case-scenario discharge on the marine, coastal, and human 
        environments for activities conducted pursuant to the proposed 
        development and production plan;
            ``(9) a comprehensive survey and characterization of the 
        coastal or marine environment within the area of operation, 
        including bathymetry, currents and circulation patterns within 
        the water column, and descriptions of benthic and pelagic 
        environments;
            ``(10) a description of the technologies to be deployed on 
        the facilities to routinely observe and monitor in real time 
        the marine environment throughout the duration of operations, 
        and a description of the process by which such observation data 
        and information will be made available to Federal regulators 
        and to the System established under section 12304 of Public Law 
        111-11 (33 U.S.C. 3603); and'';
            (3) in subsection (e), by striking so much as precedes 
        paragraph (2) and inserting the following:
    ``(e)(1) The Secretary shall treat the approval of a development 
and production plan, or a significant revision of a development and 
production plan, as an agency action requiring preparation of an 
environmental assessment or environmental impact statement, in 
accordance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).'';
            (4) by striking subsections (g) and (l), and redesignating 
        subsections (h) through (k) as subsections (g) through and (j); 
        and
            (5) in subsection (g), as so redesignated, by redesignating 
        paragraphs (2) and (3) as paragraphs (3) and (4), respectively, 
        and inserting after paragraph (1) the following:
            ``(2) The Secretary shall not approve a development and 
        production plan, or a significant revision to such a plan, 
        unless-
                    ``(A) the plan is in compliance with all other 
                applicable environmental and natural resource 
                conservation laws; and
                    ``(B) the applicant has available oil spill 
                response and clean-up equipment and technology that has 
                been demonstrated to be capable of effectively 
                remediating the projected worst-case release of oil 
                from activities conducted pursuant to the development 
                and production plan.''.

SEC. 216. OIL AND GAS INFORMATION PROGRAM.

    Section 26(a)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1352(a)(1)) is amended by--
            (1) striking the period at the end of subparagraph (A) and 
        inserting, ``, provided that such data shall be transmitted in 
        electronic format either in real-time or as quickly as 
        practicable following the generation of such data.''; and
            (2) striking subparagraph (C) and inserting the following:
                    ``(C) Lessees engaged in drilling operations shall 
                provide to the Secretary all daily reports generated by 
                the lessee, or any daily reports generated by 
                contractors or subcontractors engaged in or supporting 
                drilling operations on the lessee's lease, no more than 
                24 hours after the end of the day for which they should 
                have been generated.''.

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

    Section 27(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1353(a)) is amended by striking the period at the end of paragraph (1) 
and inserting ``, except that the Secretary shall not conduct a regular 
program to take oil and gas lease royalties in oil or gas.''.

SEC. 218. RESTRICTIONS ON EMPLOYMENT.

    Section 29 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1355) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``sec. 29'' and all that follows 
                through ``No full-time'' and inserting the following:

``SEC. 29. RESTRICTIONS ON EMPLOYMENT.

    ``(a) In General.--No full-time''; and
                    (B) by striking ``, and who was at any time during 
                the twelve months preceding the termination of his 
                employment with the Department compensated under the 
                Executive Schedule or compensated at or above the 
                annual rate of basic pay for grade GS-16 of the General 
                Schedule'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``or advise'' 
                after ``represent'';
                    (B) in subparagraph (B), by striking ``with the 
                intent to influence, make'' and inserting ``act with 
                the intent to influence, directly or indirectly, or 
                make''; and
                    (C) in the matter following subparagraph (C)--
                            (i) by inserting ``inspection or 
                        enforcement action,'' before ``or other 
                        particular matter''; and
                            (ii) by striking ``or'' at the end;
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or advise'' 
                after ``represent'';
                    (B) in subparagraph (B), by striking ``with the 
                intent to influence, make'' and inserting ``act with 
                the intent to influence, directly or indirectly, or 
                make''; and
                    (C) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following:
            ``(3) during the 2-year period beginning on the date on 
        which the employment of the officer or employee ceased at the 
        Department, accept employment or compensation from any party 
        that has a direct and substantial interest--
                    ``(A) that was pending under the official 
                responsibility of the officer or employee as an officer 
                at any point during the 2-year period preceding the 
                date of termination of the responsibility; or
                    ``(B) in which the officer or employee participated 
                personally and substantially as an officer or employee 
                of the Department.
    ``(b) Prior Dealings.--No full-time officer or employee of the 
Department of the Interior who directly or indirectly discharged duties 
or responsibilities under this Act shall participate personally and 
substantially as a Federal officer or employee, through decision, 
approval, disapproval, recommendation, the rendering of advice, 
investigation, or otherwise, in a proceeding, application, request for 
a ruling or other determination, contract, claim, controversy, charge, 
accusation, inspection, enforcement action, or other particular matter 
in which, to the knowledge of the officer or employee--
            ``(1) the officer or employee or the spouse, minor child, 
        or general partner of the officer or employee has a financial 
        interest;
            ``(2) any organization in which the officer or employee is 
        serving as an officer, director, trustee, general partner, or 
        employee has a financial interest;
            ``(3) any person or organization with whom the officer or 
        employee is negotiating or has any arrangement concerning 
        prospective employment has a financial interest; or
            ``(4) any person or organization in which the officer or 
        employee has, within the preceding 1-year period, served as an 
        officer, director, trustee, general partner, agent, attorney, 
        consultant, contractor, or employee.
    ``(c) Gifts From Outside Sources.--No full-time officer or employee 
of the Department of the Interior who directly or indirectly discharges 
duties or responsibilities under this Act shall, directly or 
indirectly, solicit or accept any gift in violation of subpart B of 
part 2635 of title 5, Code of Federal Regulations (or successor 
regulations).
    ``(d) Penalty.--Any person that violates subsection (a) or (b) 
shall be punished in accordance with section 216 of title 18, United 
States Code.''.

SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS.

    (a) Repeal of Provisions of Energy Policy Act of 2005.--The 
following provisions of the Energy Policy Act of 2005 (Public Law 109-
58) are repealed:
            (1) Section 344 (42 U.S.C. 15904; relating to incentives 
        for natural gas production from deep wells in shallow waters of 
        the Gulf of Mexico).
            (2) Section 345 (42 U.S.C. 15905; relating to royalty 
        relief for deep water production in the Gulf of Mexico).
    (b) Repeal of Provisions Relating to Planning Areas Offshore 
Alaska.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning 
Areas offshore Alaska''.

SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN REQUIREMENTS.

    Section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1356) is amended--
            (1) in subsection (a), by striking ``shall issue 
        regulations which'' and inserting ``shall issue regulations 
        that shall be supplemental to and complementary with and under 
        no circumstances a substitution for the provisions of the 
        Constitution and laws of the United States extended to the 
        subsoil and seabed of the outer Continental Shelf pursuant to 
        section 4(a)(1) of this Act, except insofar as such laws would 
        otherwise apply to individuals who have extraordinary ability 
        in the sciences, arts, education, or business, which has been 
        demonstrated by sustained national or international acclaim, 
        and that''; and
            (2) by adding at the end the following:
    ``(d) Buy and Build American.--It is the intention of the Congress 
that this Act, among other things, result in a healthy and growing 
American industrial, manufacturing, transportation, and service sector 
employing the vast talents of America's workforce to assist in the 
development of energy from the outer Continental Shelf. Moreover, the 
Congress intends to monitor the deployment of personnel and material on 
the outer Continental Shelf to encourage the development of American 
technology and manufacturing to enable United States workers to benefit 
from this Act by good jobs and careers, as well as the establishment of 
important industrial facilities to support expanded access to American 
resources.''.

SEC. 221. NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
              PREVENTION.

    (a) Establishment.--There is established in the Legislative branch 
the National Commission on Outer Continental Shelf Oil Spill Prevention 
(referred to in this section as the ``Commission'').
    (b) Purposes.--The purposes of the Commission are--
            (1) to examine and report on the facts and causes relating 
        to the Deepwater Horizon explosion and oil spill of 2010;
            (2) to ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the incident;
            (3) to build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Committees on Energy and Natural Resources 
                and Commerce, Science, and Transportation of the 
                Senate;
                    (B) the Committee on Natural Resources and the 
                Subcommittee on Oversight and Investigations of the 
                House of Representatives; and
                    (C) other Executive branch, congressional, or 
                independent commission investigations into the 
                Deepwater Horizon incident of 2010, other fatal oil 
                platform accidents and major spills, and major oil 
                spills generally;
            (4) to make a full and complete accounting of the 
        circumstances surrounding the incident, and the extent of the 
        preparedness of the United States for, and immediate response 
        of the United States to, the incident; and
            (5) to investigate and report to the President and Congress 
        findings, conclusions, and recommendations for corrective 
        measures that may be taken to prevent similar incidents.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 1 member shall be appointed by the President, 
                who shall serve as Chairperson of the Commission;
                    (B) 1 member shall be appointed by the majority or 
                minority (as the case may be) leader of the Senate from 
                the Republican Party and the majority or minority (as 
                the case may be) leader of the House of Representatives 
                from the Republican Party, who shall serve as Vice 
                Chairperson of the Commission;
                    (C) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Democratic Party;
                    (D) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Republican Party;
                    (E) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Republican Party; and
                    (F) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Democratic Party.
            (2) Qualifications; initial meeting.--
                    (A) Political party affiliation.--Not more than 5 
                members of the Commission shall be from the same 
                political party.
                    (B) Nongovernmental appointees.--An individual 
                appointed to the Commission may not be a current 
                officer or employee of the Federal Government or any 
                State or local government.
                    (C) Other qualifications.--It is the sense of 
                Congress that individuals appointed to the Commission 
                should be prominent United States citizens, with 
                national recognition and significant depth of 
                experience and expertise in such areas as--
                            (i) engineering;
                            (ii) environmental compliance;
                            (iii) health and safety law (particularly 
                        oil spill legislation);
                            (iv) oil spill insurance policies;
                            (v) public administration;
                            (vi) oil and gas exploration and 
                        production;
                            (vii) environmental cleanup; and
                            (viii) fisheries and wildlife management.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed on or before September 
                15, 2010.
                    (E) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable after the date of enactment of this Act.
            (3) Quorum; vacancies.--
                    (A) In general.--After the initial meeting of the 
                Commission, the Commission shall meet upon the call of 
                the Chairperson or a majority of the members of the 
                Commission.
                    (B) Quorum.--6 members of the Commission shall 
                constitute a quorum.
                    (C) Vacancies.--Any vacancy in the Commission shall 
                not affect the powers of the Commission, but shall be 
                filled in the same manner in which the original 
                appointment was made.
    (d) Functions of Commission.--
            (1) In general.--The functions of the Commission are--
                    (A) to conduct an investigation that--
                            (i) investigates relevant facts and 
                        circumstances relating to the Deepwater Horizon 
                        incident of April 20, 2010, and the associated 
                        oil spill thereafter, including any relevant 
                        legislation, Executive order, regulation, plan, 
                        policy, practice, or procedure; and
                            (ii) may include relevant facts and 
                        circumstances relating to--
                                    (I) permitting agencies;
                                    (II) environmental and worker 
                                safety law enforcement agencies;
                                    (III) national energy requirements;
                                    (IV) deepwater and ultradeepwater 
                                oil and gas exploration and 
                                development;
                                    (V) regulatory specifications, 
                                testing, and requirements for offshore 
                                oil and gas well explosion prevention;
                                    (VI) regulatory specifications, 
                                testing, and requirements offshore oil 
                                and gas well casing and cementing 
                                regulation;
                                    (VII) the role of congressional 
                                oversight and resource allocation; and
                                    (VIII) other areas of the public 
                                and private sectors determined to be 
                                relevant to the Deepwater Horizon 
                                incident by the Commission;
                    (B) to identify, review, and evaluate the lessons 
                learned from the Deepwater Horizon incident of April 
                20, 2010, regarding the structure, coordination, 
                management policies, and procedures of the Federal 
                Government, and, if appropriate, State and local 
                governments and nongovernmental entities, and the 
                private sector, relative to detecting, preventing, and 
                responding to those incidents; and
                    (C) to submit to the President and Congress such 
                reports as are required under this section containing 
                such findings, conclusions, and recommendations as the 
                Commission determines to be appropriate, including 
                proposals for organization, coordination, planning, 
                management arrangements, procedures, rules, and 
                regulations.
            (2) Relationship to inquiry by congressional committees.--
        In investigating facts and circumstances relating to energy 
        policy, the Commission shall--
                    (A) first review the information compiled by, and 
                any findings, conclusions, and recommendations of, the 
                committees identified in subparagraphs (A) and (B) of 
                subsection (b)(3); and
                    (B) after completion of that review, pursue any 
                appropriate area of inquiry, if the Commission 
                determines that--
                            (i) those committees have not investigated 
                        that area;
                            (ii) the investigation of that area by 
                        those committees has not been completed; or
                            (iii) new information not reviewed by the 
                        committees has become available with respect to 
                        that area.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member of the 
        Commission, may, for the purpose of carrying out this section--
                    (A) hold such hearings, meet and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials;
as the Commission or such subcommittee or member considers to be 
advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this paragraph only--
                                    (I) by the agreement of the 
                                Chairperson and the Vice Chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), a 
                        subpoena issued under this paragraph--
                                    (I) shall bear the signature of the 
                                Chairperson or any member designated by 
                                a majority of the Commission;
                                    (II) and may be served by any 
                                person or class of persons designated 
                                by the Chairperson or by a member 
                                designated by a majority of the 
                                Commission for that purpose.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), the United States district 
                        court for the district in which the subpoenaed 
                        person resides, is served, or may be found, or 
                        where the subpoena is returnable, may issue an 
                        order requiring the person to appear at any 
                        designated place to testify or to produce 
                        documentary or other evidence.
                            (ii) Judicial action for noncompliance.--
                        Any failure to obey the order of the court may 
                        be punished by the court as a contempt of that 
                        court.
                            (iii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this subsection, the Commission 
                        may, by majority vote, certify a statement of 
                        fact constituting such failure to the 
                        appropriate United States attorney, who may 
                        bring the matter before the grand jury for 
                        action, under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes (2 U.S.C. 
                        192 through 194).
            (3) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge the duties of 
        the Commission under this section.
            (4) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Federal Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (B) Cooperation.--Each Federal department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the extent 
                authorized by law, furnish information, suggestions, 
                estimates, and statistics directly to the Commission, 
                upon request made by the Chairperson, the Chairperson 
                of any subcommittee created by a majority of the 
                Commission, or any member designated by a majority of 
                the Commission.
                    (C) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and the staff of the Commission in 
                accordance with all applicable laws (including 
                regulations and Executive orders).
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                functions of the Commission.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Commission such services, funds, 
                facilities, staff, and other support services as are 
                determined to be advisable and authorized by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property, including travel, 
        for the direct advancement of the functions of the Commission.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Public Meetings and Hearings.--
            (1) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings, to the 
                extent appropriate; and
                    (B) release public versions of the reports required 
                under paragraphs (1) and (2) of subsection (j).
            (2) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of proprietary or sensitive information provided to or 
        developed for or by the Commission as required by any 
        applicable law (including a regulation or Executive order).
    (g) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--
                            (i) In general.--The Chairperson, in 
                        consultation with the Vice Chairperson and in 
                        accordance with rules agreed upon by the 
                        Commission, may, without regard to the civil 
                        service laws (including regulations), appoint 
                        and fix the compensation of a staff director 
                        and such other personnel as are necessary to 
                        enable the Commission to carry out the 
                        functions of the Commission.
                            (ii) Maximum rate of pay.--No rate of pay 
                        fixed under this subparagraph may exceed the 
                        equivalent of that payable for a position at 
                        level V of the Executive Schedule under section 
                        5316 of title 5, United States Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The staff director and any 
                        personnel of the Commission who are employees 
                        shall be considered to be employees under 
                        section 2105 of title 5, United States Code, 
                        for purposes of chapters 63, 81, 83, 84, 85, 
                        87, 89, and 90 of that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not apply to members of the Commission.
            (2) Detailees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (3) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) Compensation and Travel Expenses.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
    (i) Security Clearances for Commission Members and Staff.--
            (1) In general.--Subject to paragraph (2), the appropriate 
        Federal agencies or departments shall cooperate with the 
        Commission in expeditiously providing to the members and staff 
        of the Commission appropriate security clearances, to the 
        maximum extent practicable, pursuant to existing procedures and 
        requirements.
            (2) Proprietary information.--No person shall be provided 
        with access to proprietary information under this section 
        without the appropriate security clearances.
    (j) Reports of Commission; Adjournment.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (2) Final report.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall submit to 
        the President and Congress a final report containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (3) Temporary adjournment.--
                    (A) In general.--The Commission, and all the 
                authority provided under this section, shall adjourn 
                and be suspended, respectively, on the date that is 60 
                days after the date on which the final report is 
                submitted under paragraph (2).
                    (B) Administrative activities before termination.--
                The Commission may use the 60-day period referred to in 
                subparagraph (A) for the purpose of concluding 
                activities of the Commission, including--
                            (i) providing testimony to committees of 
                        Congress concerning reports of the Commission; 
                        and
                            (ii) disseminating the final report 
                        submitted under paragraph (2).
                    (C) Reconvening of commission.--The Commission 
                shall stand adjourned until such time as the President 
                or the Secretary of Homeland Security declares an oil 
                spill of national significance to have occurred, at 
                which time--
                            (i) the Commission shall reconvene in 
                        accordance with subsection (c)(3); and
                            (ii) the authority of the Commission under 
                        this section shall be of full force and effect.
    (k) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section--
                    (A) $10,000,000 for the first fiscal year in which 
                the Commission convenes; and
                    (B) $3,000,000 for each fiscal year thereafter in 
                which the Commission convenes.
            (2) Availability.--Amounts made available to carry out this 
        section shall be available--
                    (A) for transfer to the Commission for use in 
                carrying out the functions and activities of the 
                Commission under this section; and
                    (B) until the date on which the Commission adjourns 
                for the fiscal year under subsection (j)(3).
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

Subtitle B--Safety, Environmental, and Financial Reform of the Federal 
                  Onshore Oil and Gas Leasing Program

SEC. 231. DILIGENT DEVELOPMENT.

    (a) Regulations.--The Secretary shall issue regulations within one 
year after the date of enactment of this Act that define ``diligent 
development'' for purposes of all new leases issued under the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) and all new leases issued under the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). Such 
regulations shall--
            (1) include benchmarks for oil and gas development that 
        will ensure that leaseholders take all appropriate measures 
        necessary to produce oil and gas from each lease that contains 
        commercial quantities of oil and gas within the original term 
        of the lease;
            (2) require each leaseholder to submit to the Secretary a 
        diligent development plan showing how the lessee will meet the 
        benchmarks;
            (3) provide accommodation for development delays, including 
        lease suspensions, directed by the Secretary that restrict 
        diligent development in order to meet environmental 
        stipulations and considerations; and
            (4) require submission of diligent development plans in an 
        electronic format proscribed by the Secretary, which the 
        Secretary shall make available for public review.
    (b) Beginning of Lease Term.--The regulations shall provide that 
the term of a lease shall not begin until the completion of all civil 
actions challenging--
            (1) the issuance of the lease; and
            (2) the issuance of all permits required to initiate 
        operations under the lease.
    (c) Failure to Comply With Requirements.--If any person fails to 
comply with the requirements of any regulation issued under this 
section, or any order issued to implement such a regulation, with 
respect to a lease, such lease may be terminated by the Secretary.

SEC. 232. REPORTING REQUIREMENTS.

    (a) Biannual Reports.--The Secretary shall require biannual reports 
from each Federal oil and gas lessee that holds a nonproducing lease on 
the actions the lessee has taken to diligently develop each Federal 
lease the lessee holds.
    (b) Electronic Database.--The Secretary shall establish and 
maintain an electronic database that is available to the public that 
identifies each Federal oil and gas lease, each lessee under such 
lease, the acreage held by each such lessee, and the progress made 
toward production under each such lease.

SEC. 233. NOTICE REQUIREMENTS.

    Section 17(f) of the Mineral Leasing Act (30 U.S.C. 226(f)) is 
amended--
            (1) by striking all through the first 2 sentences and 
        inserting the following:
    ``(f)(1) At least 45 days before offering lands for lease under 
this section, and at least 30 days before approving applications for 
permits to drill under the provisions of a lease or substantially 
modifying the terms of any lease issued under this section, the 
Secretary shall provide notice of the proposed action to--
            ``(A) the general public by posting such notice in the 
        appropriate local office and on the electronic website of the 
        leasing and land management agencies offering the lands for 
        lease;
            ``(B) all surface land owners in the area of the lands 
        being offered for lease; and
            ``(C) the holders of special recreation permits for 
        commercial use, competitive events, and other organized 
        activities on the lands being offered for lease.
    ``(2)''; and
            (2) by designating the last sentence as paragraph (3).

SEC. 234. OIL AND GAS LEASING SYSTEM.

    (a) Onshore Oil and Gas Leasing.--Section 17(a) of the Mineral 
Leasing Act (30 U.S.C. 226(a)) is amended to read as follows:
    ``(a)(1) All lands subject to disposition under this Act that are 
known or believed to contain oil or gas deposits may be leased by the 
Secretary.
    ``(2) Leasing activities under this Act shall be conducted to 
assure receipt of fair market value for the lands and resources leased 
and the rights conveyed by the Federal Government.''.
    (b) Competitive Bidding.--Section 17(b) of the Mineral Leasing Act 
(30 U.S.C. 226(b)), is amended by striking so much as precedes 
paragraph (2) and inserting the following:
    ``(b)(1)(A) All lands to be leased shall be leased as provided in 
this paragraph to the highest responsible qualified bidder by 
competitive bidding under general regulations in units of not more than 
2,560 acres, except in Alaska, where units shall be not more than 5,760 
acres. Such units shall be as nearly compact as possible. Lease sales 
shall be conducted by sealed bid. Lease sales shall be held for a State 
on a statewide basis where eligible lands in such States are available 
no more than 3 times per year per State, unless the Secretary of the 
Interior determines additional sales are necessary. A lease shall be 
conditioned upon the payment of a royalty at a rate of not less than 
12.5 percent in amount or value of the production removed or sold from 
the lease. The Secretary may issue a lease to the responsible qualified 
bidder with the highest bid that is equal to or greater than the 
national minimum acceptable bid, with evaluation of the value of the 
lands proposed for lease. The Secretary shall decide whether to accept 
a bid and issue a lease within 90 days following payment by the 
successful bidder of the remainder of the bonus bid, if any, and the 
annual rental for the first lease year. All bids for less than the 
national minimum acceptable bid shall be rejected.
    ``(B)(i) The national minimum acceptable bid shall be $2.50 per 
acre, except that the Secretary may establish a higher minimum 
acceptable bid for leases of areas in a State for all leases awarded 
after the 2-year period beginning on the date of enactment of the 
Consolidated Land, Energy, and Aquatic Resources Act of 2010, if the 
Secretary finds that such a higher amount is necessary--
            ``(I) to enhance financial returns to the United States; 
        and
            ``(II) to promote more efficient management of oil and gas 
        resources on Federal lands.
    ``(ii) The proposal or promulgation of any regulation to establish 
a higher minimum acceptable bid for a State shall not be considered a 
major Federal action that is subject to the requirements of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(c)).''.
    (c) Rentals.--Section 17(d) of the Mineral Leasing (30 U.S.C. 
226(d)) is amended to read as follows:
    ``(d)(1) During the 2-year period beginning on the date of 
enactment of the Consolidated Land, Energy, and Aquatic Resources Act 
of 2010, all leases issued under this section shall be conditioned upon 
payment by the lessee of a rental of not less than $2.50 per acre per 
year for the first through fifth years of the lease and not less than 
$3 per acre per year for each year thereafter. After the end of such 2-
year period, the Secretary may establish higher rental rates for all 
subsequent years, if the Secretary finds that such action is 
necessary--
            ``(A) to enhance financial returns to the United States; 
        and
            ``(B) to promote more efficient management of oil and gas 
        and alternative energy resources on Federal lands.
    ``(2) A minimum royalty in lieu of rental of not less than the 
rental that otherwise would be required for that lease year shall be 
payable at the expiration of each lease year beginning on or after a 
discovery of oil or gas in paying quantities on the land leased.''.
    (d) Elimination of Noncompetitive Leasing.--The Mineral Leasing Act 
is amended--
            (1) in section 17(b) (30 U.S.C. 226(b)), by striking 
        paragraph (3);
            (2) in section 17 (30 U.S.C. 226) by striking subsection 
        (c);
            (3) in section 17(e) (30 U.S.C. 226(e))--
                    (A) by striking ``Competitive and noncompetitive 
                leases'' and inserting ``Leases''; and
                    (B) by striking ``competitive'';
            (4) in section 31(d)(1) (30 U.S.C. 188(d)(1) by striking 
        ``or section 17(c)'';
            (5) in section 31(e) (30 U.S.C. 188(e))--
                    (A) in paragraph (2) by striking ``, or the 
                inclusion'' and all that follows and inserting a 
                semicolon; and
                    (B) in paragraph (3) by striking ``(A)'' and by 
                striking subparagraph (B);
            (6) by striking section 31(f) (30 U.S.C. 188(f)); and
            (7) in section 31(g) (30 U.S.C. 188(g))--
                    (A) in paragraph (1) by striking ``a competitive'' 
                and all that follows through the period and inserting 
                ``in the same manner as the original lease issued 
                pursuant to section 17.'';
                    (B) by striking paragraph (2); and
                    (C) in paragraph (3) by striking ``, applicable to 
                leases issued under subsection 17(c) of this Act (30 
                U.S.C. 226(c)) except,'' and inserting ``, except''.

SEC. 235. ELECTRONIC REPORTING.

    (a) Rights-of-way.--Section 28(w) of the Mineral Leasing Act (30 
U.S.C. 185(w)) is amended by adding at the end the following:
            ``(4) Upon request of a Committee listed under paragraph 
        (2), that Committee may receive notifications under this 
        subsection in electronic format in addition to in writing, or 
        in electronic format alone. The Committee shall designate to 
        the Secretary the appropriate individual or individuals on the 
        Committee to receive such electronic notices.''.
    (b) Lease Reinstatement.--Section 31(e) of the Mineral Leasing Act 
(30 U.S.C. 188(e)) is amended by adding at the end the following: 
``Upon request of such a Committee, that Committee may receive 
notifications under this subsection in electronic format in addition to 
in writing, or in electronic format alone. The Committee shall 
designate to the Secretary the appropriate individual or individuals on 
the Committee to receive such electronic notices.''.

SEC. 236. BEST MANAGEMENT PRACTICES.

    Not later than one year after the date of enactment of this Act, 
the Secretary of the Interior shall promulgate final regulations that 
require oil and gas operators to use best management practices that 
ensure the sound, efficient, and environmentally responsible 
development of oil and gas on Federal lands in a manner that avoids 
where practical, minimizes, and mitigates actual and anticipated 
impacts to environmental habitat functions resulting from oil and gas 
development. Such regulations may allow the Secretary to approve site-
specific adjustments to address unique issues and circumstances, on a 
case-by-case basis. All such regulations shall be consistent with the 
United States trust responsibility to Indian tribes.

SEC. 237. SURFACE DISTURBANCE, RECLAMATION.

    Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is 
amended to read as follows:
    ``(g) Regulation of Surface-disturbing Activities; Approval of Plan 
of Operations; Bond or Surety; Failure to Comply With Reclamation 
Requirements as Barring Lease; Opportunity to Comply With Requirements; 
Standards; Monitoring.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Interim reclamation plan.--The term `Interim 
                Reclamation Plan' means an ongoing plan specifying 
                reclamation steps to be taken on all disturbed areas 
                covered by any lease issued under this Act which are 
                not needed for active operations. Such Interim 
                Reclamation Plans shall be reviewed by the relevant 
                Secretary at regular intervals and shall be amended as 
                warranted, subject to the approval of the relevant 
                Secretary.
                    ``(B) Final reclamation plan.--The term `Final 
                Reclamation Plan' includes a detailed description of 
                all reclamation activity to be conducted for all 
                disturbed areas covered by a lease issued under this 
                Act prior to final abandonment. Final Reclamation Plans 
                shall include reclamation of all locations, facilities, 
                trenches, rights-of-way, roads and any other surface 
                disturbance on lands covered by the lease.
            ``(2) In general.--The Secretary of the Interior, or for 
        National Forest lands, the Secretary of Agriculture, shall 
        regulate all surface-disturbing activities conducted pursuant 
        to any lease issued under this Act, and shall determine 
        reclamation and other actions as required in the interest of 
        conservation of surface resources.
            ``(3) Reclamation plans required.--
                    ``(A) Applications for permits to drill.--Each 
                application for a permit to drill submitted to the 
                Secretary pursuant to this Act shall include both an 
                Interim Reclamation Plan and a Final Reclamation Plan.
                    ``(B) Analysis and approval required.--No permit to 
                drill on an oil and gas lease issued under this Act may 
                be granted without the analysis and approval by the 
                Secretary concerned of both an interim reclamation plan 
                and a final reclamation plan covering proposed surface-
                disturbing activities within the lease area.
                    ``(C) Plans of operations.--All Plans of Operations 
                submitted and approved pursuant to this Act shall 
                include an Interim Reclamation Plan.
            ``(4) Bonding.--The Secretary concerned shall, by 
        regulation, require that an adequate bond, surety, or other 
        financial arrangement will be established prior to the 
        commencement of surface-disturbing activities on any lease, to 
        ensure the complete and timely reclamation of the lease tract, 
        and the restoration of any lands or surface waters adversely 
        affected by lease operations after the abandonment or cessation 
        of oil and gas operations on the lease. The Secretary shall not 
        issue a lease or leases or approve the assignment of any lease 
        or leases under the terms of this section to any person, 
        association, corporation, or any subsidiary, affiliate, or 
        person controlled by or under common control with such person, 
        association, or corporation, during any period in which, as 
        determined by the Secretary of the Interior or Secretary of 
        Agriculture, such entity has failed or refused to comply in any 
        material respect with the reclamation requirements and other 
        standards established under this section for any prior lease to 
        which such requirements and standards applied. Prior to making 
        such determination with respect to any such entity the 
        concerned Secretary shall provide such entity with adequate 
        notification and an opportunity to comply with such reclamation 
        requirements and other standards and shall consider whether any 
        administrative or judicial appeal is pending. Once the entity 
        has complied with the reclamation requirement or other standard 
        concerned an oil or gas lease may be issued to such entity 
        under this Act.
            ``(5) Standards.--The Secretary of the Interior and the 
        Secretary of Agriculture shall, by regulation, establish 
        uniform standards for all Interim and Final Reclamation Plans. 
        The goal of such plans shall be the restoration of the affected 
        ecosystem to a condition approximating or equal to that which 
        existed prior to the surface disturbance. Such standards shall 
        include, but are not limited to, restoration of natural 
        vegetation and hydrology, habitat restoration, salvage, storage 
        and reuse of topsoils, erosion control, control of invasive 
        species and noxious weeds and natural contouring.
            ``(6) Monitoring.--The Secretary concerned shall not 
        approve final abandonment and shall not release any bond 
        required by this Act until the standards and requirement for 
        final reclamation established pursuant to this Act have been 
        met.''.

SEC. 238. WILDLIFE SUSTAINABILITY.

    (a) Definitions.--In this section:
            (1) Desired nonnative species.--The term ``desired 
        nonnative species'' means those wild species of plants or 
        animals that are not indigenous to a planning area but are 
        valued for their contribution to species diversity or their 
        social, cultural, or economic value.
            (2) Focal species.--The term ``focal species'' means 
        species selected, based on best available science, for 
        monitoring because their population status and trends are 
        believed to provide useful information regarding the effects of 
        management activities, or other factors, on the diversity of 
        ecological systems to which they belong, and to validate the 
        monitoring of habitats and ecological conditions.
            (3) Native species.--The term ``native species'' means 
        species of plants and animals indigenous to a planning area.
            (4) Planning area.--The term ``planning area'' means any 
        geographic unit of National Forest System lands or Bureau of 
        Land Management lands covered by an individual management plan.
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                land under such Secretary's jurisdiction; and
                    (B) the Secretary of Agriculture, with respect to 
                land under such Secretary's jurisdiction.
            (6) Sustainable population.--The term ``sustainable 
        population'' means a population of a species that has a high 
        likelihood of persisting well distributed throughout its range 
        within a planning area based on the best available scientific 
        information, including information obtained through the 
        monitoring program under subsection (c), regarding its habitat 
        and ecological conditions, abundance and distribution.
    (b) Planning for and Management of Sustainable Populations.--
            (1) Management direction.--Each Secretary, in cooperation 
        with the appropriate State fish and wildlife agency, shall plan 
        for and manage planning areas under the Secretary's respective 
        jurisdiction in order to maintain sustainable populations of 
        native species and desired nonnative species within each 
        planning area consistent with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) the National Forest Management Act (16 U.S.C. 
                1600); and
                    (C) all other applicable laws.
            (2) Management coordination.--If a population of a species 
        extends across more than one planning area, each Secretary 
        shall coordinate the management of lands in the planning areas 
        containing such population in order to maintain a sustainable 
        population of such species.
            (3) Extrinsic conditions.--If a Secretary, using the best 
        available science and after providing notice to the public by 
        publication in the Federal Register and opportunity for public 
        comment for a period of at least 60 days, determines that 
        conditions beyond such Secretary's authority make it impossible 
        for the Secretary to maintain a sustainable population of a 
        native species or desired nonnative species within a planning 
        area, or, under the circumstances identified in paragraph (2), 
        within two or more planning areas, such Secretary shall--
                    (A) manage lands within the planning area or areas 
                in order to achieve, to the maximum extent possible, 
                the survival and health of that population; and
                    (B) certify that, to the maximum extent 
                practicable, any activity authorized, funded, or 
                carried out within the planning area or areas does not 
                increase the likelihood of extirpation of the 
                population in such planning area or areas.
            (4) Compliance.--Each Secretary shall certify that land 
        management plans for a planning area under the Secretary's 
        respective jurisdiction and actions implementing or authorized 
        under such plans comply with this section.
    (c) Monitoring and Evaluation.--
            (1) Establishment of monitoring programs.--To provide a 
        basis for determining the sustainability of native species and 
        desired nonnative species populations for purposes of 
        subsection (b), each Secretary shall adopt and implement, as 
        part of the land management planning for a planning area, a 
        strategically targeted monitoring program for identified focal 
        species to determine the status and trends of such species 
        populations in such planning area.
            (2) Monitoring program requirements.--The monitoring 
        programs established under paragraph (1) shall designate focal 
        species representing the diversity of ecological systems in the 
        planning area and provide for--
                    (A) monitoring of the status and trends of the 
                habitats and ecological conditions that support focal 
                species; and
                    (B) population surveys of focal species identified 
                in the monitoring program to establish that monitoring 
                of habitats and ecological conditions is providing 
                accurate information regarding the status and trends of 
                species' populations in the planning area.
            (3) Consultation and cooperation with states.--Each 
        Secretary shall develop and implement, to the maximum extent 
        practicable, the monitoring program established under this 
        section, including the selection of native species and desired 
        nonnative species, focal species, habitat, and ecological 
        conditions to be monitored and methodologies for conducting 
        such monitoring, in consultation with the United States Fish 
        and Wildlife Service, State fish and wildlife agencies and in 
        coordination with other State agencies with responsibility for 
        management of natural resources. Each Secretary shall consider 
        and utilize relevant population data maintained by other 
        Federal agencies, State agencies, tribes, or other relevant 
        entities.
    (d) Coordination.--
            (1) Management coordination.--To the maximum extent 
        practicable and consistent with applicable law, each Secretary 
        shall coordinate the management of planning areas with the 
        management of the National Wildlife Refuge System and the 
        National Park System, other Federal agencies, State fish and 
        wildlife agencies, other State agencies with responsibility for 
        management of natural resources, tribes, local governments, and 
        nongovernmental organizations engaged in species conservation 
        in order to--
                    (A) maintain sustainable populations of native 
                species and desired nonnative species;
                    (B) develop strategies to address the impacts of 
                climate change on native species and desired nonnative 
                species;
                    (C) establish linkages between habitats and 
                discrete populations;
                    (D) reintroduce extirpated species, where 
                appropriate, when a species population is no longer 
                present; and
                    (E) conduct other joint efforts in support of 
                sustainable plant and animal communities across 
                jurisdictional boundaries.
            (2) Coordination with conservation activities.--In planning 
        for the management of lands for the purpose of maintaining 
        sustainable populations of native species and desired nonnative 
        species in a planning area, each Secretary shall, to the 
        maximum extent practicable and consistent with Federal law--
                    (A) consult with and offer opportunities for 
                participation to adjoining Federal, State, tribal, 
                local, and private landowners, State and tribal fish 
                and wildlife agencies, and other State and tribal 
                agencies with responsibility for management of natural 
                resources; and
                    (B) coordinate such management planning with 
                relevant conservation plans for fish, plants, and 
                wildlife and their habitats, including State 
                comprehensive wildlife strategies and other State 
                conservation strategies for species, National Fish 
                Habitat partnerships, North American Wetland 
                Conservation Joint Ventures, and the Federal-State-
                private partnership known as Partners in Flight.
            (3) No effect on national wildlife refuge system or 
        national park system.--Nothing in this section affects the laws 
        or management standards applicable to lands or species 
        populations within the National Wildlife Refuge System or 
        National Park System.
    (e) Implementing Regulations.--
            (1) Regulations.--Not later than one year following the 
        date of enactment of this Act, each Secretary shall issue 
        regulations implementing all provisions of this section.
            (2) Regulations under the national forest management act.--
        Issuance of regulations consistent with the requirements of 
        this section shall be deemed consistent with the Secretary's 
        obligation to promulgate regulations to specify guidelines for 
        land management plans for the National Forest System which 
        provide for diversity of plant and animal communities pursuant 
        to the National Forest Management Act (16 U.S.C. sec. 
        1604(g)(3)(B)).
    (f) Construction.--Nothing in this section shall be construed to--
            (1) affect the authority, jurisdiction, or responsibility 
        of each of the several States to manage, control, or regulate 
        fish, plants, and wildlife under the laws and regulations of 
        each of the States; or
            (2) authorize a Secretary to control or regulate within a 
        State the fishing or hunting of fish and wildlife within the 
        State except insofar as the Secretary may exercise authority 
        granted to him or her under other laws.

SEC. 239. ONLINE AVAILABILITY TO THE PUBLIC OF INFORMATION RELATING TO 
              OIL AND GAS CHEMICAL USE.

    (a) In General.--An operator authorized to explore for, develop, or 
produce oil and gas under any Federal mineral leasing law shall, within 
30 days after completion of drilling a well on a lease area or any 
portion thereof, make the list of chemicals used in drilling or 
completing the well, including the chemical constituents of mixtures, 
Chemical Abstracts Service numbers, and material safety data sheets, 
available to the public on an Internet website created and maintained 
by the Bureau of Safety and Environmental Enforcement.
    (b) Proprietary Chemical Formulas.--This section does not authorize 
the Director of the Bureau of Safety and Environmental Enforcement to 
require the public disclosure of proprietary chemical formulas.
    (c) Rulemaking Authority.--Not later than 1 year after the date of 
enactment of this Act, the Secretary, after providing notice and an 
opportunity for public comment, shall promulgate regulations to 
implement this section.

SEC. 240. LIMITATION ON ROYALTY-IN-KIND PROGRAM.

    Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is amended by 
inserting before the period at the end of the first sentence the 
following: ``, except that the Secretary shall not conduct a regular 
program to take oil and gas lease royalties in oil or gas''.

SEC. 241. ENVIRONMENTAL REVIEW.

    Section 390 of the Energy Policy Act of 2005 (Public Law 109-58; 42 
U.S.C. 15942) is repealed.

SEC. 242. FEDERAL LANDS URANIUM LEASING.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
redesignating section 44 as section 45, and by inserting after section 
43 the following new section:

``SEC. 44. LEASING OF LANDS FOR URANIUM MINING.

    ``(a) In General.--
            ``(1) Withdrawal from entry; leasing requirement.--
        Effective upon the date of enactment of the Consolidated Land, 
        Energy, and Aquatic Resources Act of 2010, all Federal lands 
        are hereby permanently withdrawn from location and entry under 
        section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for 
        uranium. After the end of the 2-year period beginning on such 
        date of enactment, no uranium may be produced from Federal 
        lands except pursuant to a lease issued under this Act.
            ``(2) Leasing.--The Secretary--
                    ``(A) may divide any lands subject to this Act that 
                are not withdrawn from mineral leasing and that are 
                otherwise available for uranium leasing under 
                applicable law, including lands available under the 
                terms of land use plans prepared by the Federal agency 
                managing the land, into leasing tracts of such size as 
                the Secretary finds appropriate and in the public 
                interest; and
                    ``(B) thereafter shall, in the Secretary's 
                discretion, upon the request of any qualified applicant 
                or on the Secretary's own motion, from time to time, 
                offer such lands for uranium leasing and award uranium 
                leases thereon by competitive bidding.
    ``(b) Fair Market Value Required.--
            ``(1) In general.--No bid for a uranium lease shall be 
        accepted that is less than the fair market value, as determined 
        by the Secretary, of the uranium subject to the lease.
            ``(2) Public comment.--Prior to the Secretary's 
        determination of the fair market value of the uranium subject 
        to the lease, the Secretary shall give opportunity for and 
        consideration to public comments on the fair market value.
            ``(3) Disclosure not required.--Nothing in this section 
        shall be construed to require the Secretary to make public the 
        Secretary's judgment as to the fair market value of the uranium 
        to be leased, or the comments the Secretary receives thereon 
        prior to the issuance of the lease.
    ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases 
covering lands the surface of which is under the jurisdiction of any 
Federal agency other than the Department of the Interior may be issued 
only--
            ``(1) upon consent of the head of the other Federal agency; 
        and
            ``(2) upon such conditions the head of such other Federal 
        agency may prescribe with respect to the use and protection of 
        the nonmineral interests in those lands.
    ``(d) Consideration of Effects of Mining.--Before issuing any 
uranium lease, the Secretary shall consider effects that mining under 
the proposed lease might have on an impacted community or area, 
including impacts on the environment, on agricultural, on cultural 
resources, and other economic activities, and on public services.
    ``(e) Notice of Proposed Lease.--No lease sale shall be held for 
lands until after a notice of the proposed offering for lease has been 
given once a week for three consecutive weeks in a newspaper of general 
circulation in the county in which the lands are situated, or in 
electronic format, in accordance with regulations prescribed by the 
Secretary.
    ``(f) Auction Requirements.--All lands to be leased under this 
section shall be leased to the highest responsible qualified bidder--
            ``(1) under general regulations;
            ``(2) in units of not more than 2,560 acres that are as 
        nearly compact as possible; and
            ``(3) by oral bidding.
    ``(g) Required Payments.--
            ``(1) In general.--A lease under this section shall be 
        conditioned upon the payment by the lessee of--
                    ``(A) a royalty at a rate of not less than 12.5 
                percent in amount or value of the production removed or 
                sold under the lease; and
                    ``(B) a rental of--
                            ``(i) not less than $2.50 per acre per year 
                        for the first through fifth years of the lease; 
                        and
                            ``(ii) not less than $3 per acre per year 
                        for each year thereafter.
            ``(2) Use of revenues.--Amounts received as revenues under 
        this subsection with respect to a lease may be used by the 
        Secretary of the Interior, subject to the availability of 
        appropriations, for cleaning up uranium mill tailings and 
        reclaiming abandoned uranium mines on Federal lands in 
        accordance with the priorities and eligibility restrictions, 
        respectively, under subsections (c) and (d) of section 411 of 
        the Surface Mining Control and Reclamation Act of 1977 (30 
        U.S.C. 1240a), or may be transferred by the Secretary, subject 
        to the availability of appropriations, to the Attorney General 
        for use by the Attorney General to pay claims filed under the 
        Radiation Exposure Compensation Act (42 U.S.C. 2210 note) that 
        the Attorney General determines meet the requirements of that 
        Act.
    ``(h) Lease Term.--A lease under this section--
            ``(1) shall be effective for a primary term of 10 years; 
        and
            ``(2) shall continue in effect after such primary term for 
        so long is as uranium is produced under the lease in paying 
        quantities.
    ``(i) Exploration Licenses.--
            ``(1) In general.--The Secretary may, under such 
        regulations as the Secretary may prescribe, issue to any person 
        an exploration license. No person may conduct uranium 
        exploration for commercial purposes on lands subject to this 
        Act without such an exploration license. Each exploration 
        license shall be for a term of not more than two years and 
        shall be subject to a reasonable fee. An exploration license 
        shall confer no right to a lease under this Act. The issuance 
        of exploration licenses shall not preclude the Secretary from 
        issuing uranium leases at such times and locations and to such 
        persons as the Secretary deems appropriate. No exploration 
        license may be issued for any land on which a uranium lease has 
        been issued. A separate exploration license shall be required 
        for exploration in each State. An application for an 
        exploration license shall identify general areas and probable 
        methods of exploration. Each exploration license shall be 
        limited to specific geographic areas in each State as 
        determined by the Secretary, and shall contain such reasonable 
        conditions as the Secretary may require, including conditions 
        to ensure the protection of the environment, and shall be 
        subject to all applicable Federal, State, and local laws and 
        regulations. Upon violation of any such conditions or laws the 
        Secretary may revoke the exploration license.
            ``(2) Limitations.--A licensee may not cause substantial 
        disturbance to the natural land surface. A licensee may not 
        remove any uranium for sale but may remove a reasonable amount 
        of uranium from the lands subject to this Act included under 
        the Secretary's license for analysis and study. A licensee must 
        comply with all applicable rules and regulations of the Federal 
        agency having jurisdiction over the surface of the lands 
        subject to this Act. Exploration licenses covering lands the 
        surface of which is under the jurisdiction of any Federal 
        agency other than the Department of the Interior may be issued 
        only upon such conditions as it may prescribe with respect to 
        the use and protection of the nonmineral interests in those 
        lands.
            ``(3) Sharing of data.--The licensee shall furnish to the 
        Secretary copies of all data (including geological, 
        geophysical, and core drilling analyses) obtained during such 
        exploration. The Secretary shall maintain the confidentiality 
        of all data so obtained until after the areas involved have 
        been leased or until such time as the Secretary determines that 
        making the data available to the public would not damage the 
        competitive position of the licensee, whichever comes first.
            ``(4) Exploration without a license.--Any person who 
        willfully conducts uranium exploration for commercial purposes 
        on lands subject to this Act without an exploration license 
        issued under this subsection shall be subject to a fine of not 
        more than $1,000 for each day of violation. All data collected 
        by such person on any Federal lands as a result of such 
        violation shall be made immediately available to the Secretary, 
        who shall make the data available to the public as soon as it 
        is practicable. No penalty under this subsection shall be 
        assessed unless such person is given notice and opportunity for 
        a hearing with respect to such violation.
    ``(j) Conversion of Mining Claims to Mineral Leases.--
            ``(1) In general.--The owner of any mining claim (in this 
        subsection referred to as a `claimant') located prior to the 
        date of enactment of the Consolidated Land, Energy, and Aquatic 
        Resources Act of 2010 may, within two years after such date, 
        apply to the Secretary of the Interior to convert the claim to 
        a lease under this section. The Secretary shall issue a uranium 
        lease under this section to the claimant upon a demonstration 
        by the claimant, to the satisfaction of the Secretary, within 
        one year after the date of the application to the Secretary, 
        that the claim was, as of such date of enactment, supported by 
        the discovery of a valuable deposit of uranium on the claimed 
        land. The holder of a lease issued upon conversion from a 
        mining claim under this subsection shall be subject to all the 
        requirements of this section governing uranium leases, except 
        that the holder shall pay a royalty of 6.25 percent on the 
        value of the uranium produced under the lease, until beginning 
        ten years after the date the claim is converted to a lease.
            ``(2) Other claims extinguished.--All mining claims located 
        for uranium on Federal lands whose claimant does not apply to 
        the Secretary for conversion to a lease, or whose claimant 
        cannot make such a demonstration of discovery, shall become 
        null and void by operation of law three years after such date 
        of enactment.''.

           Subtitle C--Royalty Relief for American Consumers

SEC. 251. SHORT TITLE.

    This subtitle may be cited as the ``Royalty Relief for American 
Consumers Act of 2010''.

SEC. 252. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

    (a) Issuance of New Leases.--
            (1) In general.--The Secretary shall not issue any new 
        lease that authorizes the production of oil or natural gas 
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.) to a person described in paragraph (2) unless the person 
        has renegotiated each covered lease with respect to which the 
        person is a lessee, to modify the payment responsibilities of 
        the person to require the payment of royalties if the price of 
        oil and natural gas is greater than or equal to the price 
        thresholds described in clauses (v) through (vii) of section 
        8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)).
            (2) Persons described.--A person referred to in paragraph 
        (1) is a person that--
                    (A) is a lessee that--
                            (i) holds a covered lease on the date on 
                        which the Secretary considers the issuance of 
                        the new lease; or
                            (ii) was issued a covered lease before the 
                        date of enactment of this Act, but transferred 
                        the covered lease to another person or entity 
                        (including a subsidiary or affiliate of the 
                        lessee) after the date of enactment of this 
                        Act; or
                    (B) any other person that has any direct or 
                indirect interest in, or that derives any benefit from, 
                a covered lease.
            (3) Multiple lessees.--
                    (A) In general.--For purposes of paragraph (1), if 
                there are multiple lessees that own a share of a 
                covered lease, the Secretary may implement separate 
                agreements with any lessee with a share of the covered 
                lease that modifies the payment responsibilities with 
                respect to the share of the lessee to include price 
                thresholds that are equal to or less than the price 
                thresholds described in clauses (v) through (vii) of 
                section 8(a)(3)(C) of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1337(a)(3)(C)).
                    (B) Treatment of share as covered lease.--Beginning 
                on the effective date of an agreement under 
                subparagraph (A), any share subject to the agreement 
                shall not constitute a covered lease with respect to 
                any lessees that entered into the agreement.
    (b) Transfers.--A lessee or any other person who has any direct or 
indirect interest in, or who derives a benefit from, a lease shall not 
be eligible to obtain by sale or other transfer (including through a 
swap, spinoff, servicing, or other agreement) any covered lease, the 
economic benefit of any covered lease, or any other lease for the 
production of oil or natural gas in the Gulf of Mexico under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee 
or other person has--
            (1) renegotiated each covered lease with respect to which 
        the lessee or person is a lessee, to modify the payment 
        responsibilities of the lessee or person to include price 
        thresholds that are equal to or less than the price thresholds 
        described in clauses (v) through (vii) of section 8(a)(3)(C) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)); or
            (2) entered into an agreement with the Secretary to modify 
        the terms of all covered leases of the lessee or other person 
        to include limitations on royalty relief based on market prices 
        that are equal to or less than the price thresholds described 
        in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
    (c) Use of Amounts for Deficit Reduction.--Notwithstanding any 
other provision of law, any amounts received by the United States as 
rentals or royalties under covered leases shall be deposited in the 
Treasury and used for Federal budget deficit reduction or, if there is 
no Federal budget deficit, for reducing the Federal debt in such manner 
as the Secretary of the Treasury considers appropriate.
    (d) Definitions.--In this section--
            (1) Covered lease.--The term ``covered lease'' means a 
        lease for oil or gas production in the Gulf of Mexico that is--
                    (A) in existence on the date of enactment of this 
                Act;
                    (B) issued by the Department of the Interior under 
                section 304 of the Outer Continental Shelf Deep Water 
                Royalty Relief Act (43 U.S.C. 1337 note; Public Law 
                104-58); and
                    (C) not subject to limitations on royalty relief 
                based on market price that are equal to or less than 
                the price thresholds described in clauses (v) through 
                (vii) of section 8(a)(3)(C) of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
            (2) Lessee.--The term ``lessee'' includes any person or 
        other entity that controls, is controlled by, or is in or under 
        common control with, a lessee.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 253. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.

    The Secretary of the Interior shall agree to a request by any 
lessee to amend any lease issued for any Central and Western Gulf of 
Mexico tract in the period of January 1, 1996, through November 28, 
2000, to incorporate price thresholds applicable to royalty suspension 
provisions, that are equal to or less than the price thresholds 
described in clauses (v) through (vii) of section 8(a)(3)(C) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any 
amended lease shall impose the new or revised price thresholds 
effective October 1, 2010. Existing lease provisions shall prevail 
through September 30, 2010.

                 TITLE III--OIL AND GAS ROYALTY REFORM

SEC. 301. AMENDMENTS TO DEFINITIONS.

    Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1702) is amended--
            (1) in paragraph (8), by striking the semicolon and 
        inserting ``including but not limited to the Act of October 20, 
        1914 (38 Stat. 741); the Act of February 25, 1920 (41 Stat. 
        437); the Act of April 17, 1926 (44 Stat. 301); the Act of 
        February 7, 1927 (44 Stat. 1057); and all Acts heretofore or 
        hereafter enacted that are amendatory of or supplementary to 
        any of the foregoing Acts;'';
            (2) in paragraph (20)(A), by striking ``: Provided, That'' 
        and all that follows through ``subject of the judicial 
        proceeding'';
            (3) in paragraph (20)(B), by striking ``(with written 
        notice to the lessee who designated the designee)'';
            (4) in paragraph (23)(A), by striking ``(with written 
        notice to the lessee who designated the designee)'';
            (5) by striking paragraph (24) and inserting the following:
            ``(24) `designee' means a person who pays, offsets, or 
        credits monies, makes adjustments, requests and receives 
        refunds, or submits reports with respect to payments a lessee 
        must make pursuant to section 102(a);'';
            (6) in paragraph (25)(B)--
                    (A) by striking ``(subject to the provisions of 
                section 102(a) of this Act)''; and
                                            (B) in clause (ii) by 
                                        striking the matter after 
                                        subclause (IV) and inserting 
                                        the following:
``that arises from or relates to any lease, easement, right-of-way, 
permit, or other agreement regardless of form administered by the 
Secretary for, or any mineral leasing law related to, the exploration, 
production, and development of oil and gas or other energy resource on 
Federal lands or the Outer Continental Shelf;''.
            (7) in paragraph (29), by inserting ``or permit'' after 
        ``lease''; and
            (8) by striking ``and'' after the semicolon at the end of 
        paragraph (32), by striking the period at the end of paragraph 
        (33) and inserting a semicolon, and by adding at the end the 
        following new paragraphs:
            ``(34) `compliance review' means a full-scope or a limited-
        scope examination of a lessee's lease accounts to compare one 
        or all elements of the royalty equation (volume, value, royalty 
        rate, and allowances) against anticipated elements of the 
        royalty equation to test for variances; and
            ``(35) `marketing affiliate' means an affiliate of a lessee 
        whose function is to acquire the lessee's production and to 
        market that production.''.

SEC. 302. COMPLIANCE REVIEWS.

    Section 101 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1711) is amended by adding at the end the following new 
subsection:
    ``(d) The Secretary may, as an adjunct to audits of accounts for 
leases, utilize compliance reviews of accounts. Such reviews shall not 
constitute nor substitute for audits of lease accounts. Any disparity 
uncovered in such a compliance review shall be immediately referred to 
a program auditor. The Secretary shall, before completion of a 
compliance review, provide notice of the review to designees whose 
obligations are the subject of the review.''.

SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAYMENTS.

    Section 102(a) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1712(a)) is amended to read as follows:
    ``(a) In order to increase receipts and achieve effective 
collections of royalty and other payments, a lessee who is required to 
make any royalty or other payment under a lease, easement, right-of-
way, permit, or other agreement, regardless of form, or under the 
mineral leasing laws, shall make such payment in the time and manner as 
may be specified by the Secretary or the applicable delegated State. 
Any person who pays, offsets, or credits monies, makes adjustments, 
requests and receives refunds, or submits reports with respect to 
payments the lessee must make is the lessee's designee under this Act. 
Notwithstanding any other provision of this Act to the contrary, a 
designee shall be liable for any payment obligation of any lessee on 
whose behalf the designee pays royalty under the lease. The person 
owning operating rights in a lease and a person owning legal record 
title in a lease shall be liable for that person's pro rata share of 
payment obligations under the lease.''.

SEC. 304. REQUIRED RECORDKEEPING.

    Section 103(b) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1712(a)) is amended by striking ``6'' and inserting 
``7''.

SEC. 305. FINES AND PENALTIES.

    Section 109 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1719) is amended--
            (1) in subsection (a) in the matter following paragraph 
        (2), by striking ``$500'' and inserting ``$1,000'';
            (2) in subsection (a)(2)(B), by inserting ``(i)'' after 
        ``such person'', and by striking the period at the end and 
        inserting ``; and (ii) has not received notice, pursuant to 
        paragraph (1), of more than two prior violations in the current 
        calendar year.'';
            (3) in subsection (b), by striking ``$5,000'' and inserting 
        ``$10,000'';
            (4) in subsection (c)--
                    (A) in paragraph (2), by striking ``; or'' and 
                inserting ``, including any failure or refusal to 
                promptly tender requested documents;'';
                    (B) in the text following paragraph (3)--
                            (i) by striking ``$10,000'' and inserting 
                        ``$20,000''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) knowingly or willfully fails to make any royalty 
        payment in the amount or value as specified by statute, 
        regulation, order, or terms of the lease; or
            ``(5) fails to correctly report and timely provide 
        operations or financial records necessary for the Secretary or 
        any authorized designee of the Secretary to accomplish lease 
        management responsibilities,'';
            (5) in subsection (d), by striking ``$25,000'' and 
        inserting ``$50,000'';
            (6) in subsection (h), by striking ``by registered mail'' 
        and inserting ``a common carrier that provides proof of 
        delivery''; and
            (7) by adding at the end the following subsection:
    ``(m)(1) Any determination by the Secretary or a designee of the 
Secretary that a person has committed a violation under subsection (a), 
(c), or (d)(1) shall toll any applicable statute of limitations for all 
oil and gas leases held or operated by such person, until the later 
of--
            ``(A) the date on which the person corrects the violation 
        and certifies that all violations of a like nature have been 
        corrected for all of the oil and gas leases held or operated by 
        such person; or
            ``(B) the date a final, nonappealable order has been issued 
        by the Secretary or a court of competent jurisdiction.
    ``(2) A person determined by the Secretary or a designee of the 
Secretary to have violated subsection (a), (c), or (d)(1) shall 
maintain all records with respect to the person's oil and gas leases 
until the later of--
            ``(A) the date the Secretary releases the person from the 
        obligation to maintain such records; and
            ``(B) the expiration of the period during which the records 
        must be maintained under section 103(b).''.

SEC. 306. INTEREST ON OVERPAYMENTS.

    Section 111 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1721) is amended--
            (1) by amending subsections (h) and (i) to read as follows:
    ``(h) Interest shall not be allowed nor paid nor credited on any 
overpayment, and no interest shall accrue from the date such 
overpayment was made.
    ``(i) A lessee or its designee may make a payment for the 
approximate amount of royalties (hereinafter in this subsection 
referred to as the `estimated payment') that would otherwise be due for 
such lease by the date royalties are due for that lease. When an 
estimated payment is made, actual royalties are payable at the end of 
the month following the month in which the estimated payment is made. 
If the estimated payment was less than the amount of actual royalties 
due, interest is owed on the underpaid amount. If the lessee or its 
designee makes a payment for such actual royalties, the lessee or its 
designee may apply the estimated payment to future royalties. Any 
estimated payment may be adjusted, recouped, or reinstated by the 
lessee or its designee provided such adjustment, recoupment, or 
reinstatement is made within the limitation period for which the date 
royalties were due for that lease.'';
            (2) by striking subsection (j); and
            (3) in subsection (k)(4)--
                    (A) by striking ``or overpaid royalties and 
                associated interest''; and
                    (B) by striking ``, refunded, or credited''.

SEC. 307. ADJUSTMENTS AND REFUNDS.

    Section 111A of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1721a) is amended--
    (1) in subsection (a)(3), by inserting ``(A)'' after ``(3)'', and 
by striking the last sentence and inserting the following:
                    ``(B) Except as provided in subparagraph (C), no 
                adjustment may be made with respect to an obligation 
                that is the subject of an audit or compliance review 
                after completion of the audit or compliance review, 
                respectively, unless such adjustment is approved by the 
                Secretary or the applicable delegated State, as 
                appropriate.
                    ``(C) If an overpayment is identified during an 
                audit, the Secretary shall allow a credit in the amount 
                of the overpayment.'';
            (2) in subsection (a)(4)--
                    (A) by striking ``six'' and inserting ``four''; and
                    (B) by striking ``shall'' the first time such term 
                appears and inserting ``may''; and
            (3) in subsection (b)(1) by striking ``and'' after the 
        semicolon at the end of subparagraph (C), by striking the 
        period at the end of subparagraph (D) and inserting ``; and'', 
        and by adding at the end the following:
                    ``(E) is made within the adjustment period for that 
                obligation.''.

SEC. 308. CONFORMING AMENDMENT.

    Section 114 of the Federal Oil and Gas Royalty Management Act of 
1982 is repealed.

SEC. 309. OBLIGATION PERIOD.

    Section 115(c) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1724(c)) is amended by adding at the end the following 
new paragraph:
            ``(3) Adjustments.--In the case of an adjustment under 
        section 111A(a) in which a recoupment by the lessee results in 
        an underpayment of an obligation, for purposes of this Act the 
        obligation becomes due on the date the lessee or its designee 
        makes the adjustment.''.

SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND SUBPOENAS.

    (a) Tolling Agreements.--Section 115(d)(1) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is amended by 
striking ``(with notice to the lessee who designated the designee)''.
    (b) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by 
striking ``(with notice to the lessee who designated the designee, 
which notice shall not constitute a subpoena to the lessee)''.

SEC. 311. APPEALS AND FINAL AGENCY ACTION.

    Paragraphs (1) and (2) of section 115(h) the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1724(h)) are amended by 
striking ``33'' each place it appears and inserting ``48''.

SEC. 312. ASSESSMENTS.

    Section 116 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1724) is repealed.

SEC. 313. COLLECTION AND PRODUCTION ACCOUNTABILITY.

    (a) Pilot Project.--Within two years after the date of enactment of 
this Act, the Secretary shall complete a pilot project with willing 
operators of oil and gas leases on the Outer Continental Shelf that 
assesses the costs and benefits of automatic transmission of oil and 
gas volume and quality data produced under Federal leases on the Outer 
Continental Shelf in order to improve the production verification 
systems used to ensure accurate royalty collection and audit.
    (b) Report.--The Secretary shall submit to Congress a report on 
findings and recommendations of the pilot project within 3 years after 
the date of enactment of this Act.

SEC. 314. NATURAL GAS REPORTING.

    The Secretary shall, within 180 days after the date of enactment of 
this Act, implement the steps necessary to ensure accurate 
determination and reporting of BTU values of natural gas from all 
Federal oil and gas leases to ensure accurate royalty payments to the 
United States. Such steps shall include, but not be limited to--
            (1) establishment of consistent guidelines for onshore and 
        offshore BTU information from gas producers;
            (2) development of a procedure to determine the potential 
        BTU variability of produced natural gas on a by-reservoir or 
        by-lease basis;
            (3) development of a procedure to adjust BTU frequency 
        requirements for sampling and reporting on a case-by-case 
        basis;
            (4) systematic and regular verification of BTU information; 
        and
            (5) revision of the ``MMS-2014'' reporting form to record, 
        in addition to other information already required, the natural 
        gas BTU values that form the basis for the required royalty 
        payments.

SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING OF DATA.

    (a) In General.--The Secretary shall issue regulations by not later 
than 1 year after the date of enactment of this Act that establish a 
civil penalty for late or incorrect reporting of data under the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
    (b) Amount.--The amount of the civil penalty shall be--
            (1) an amount (subject to paragraph (2)) that the Secretary 
        determines is sufficient to ensure filing of data in accordance 
        with that Act; and
            (2) not less than $10 for each failure to file correct data 
        in accordance with that Act.
    (c) Content of Regulations.--Except as provided in subsection (b), 
the regulations issued under this section shall be substantially 
similar to part 216.40 of title 30, Code of Federal Regulations, as 
most recently in effect before the date of enactment of this Act.

SEC. 316. REQUIRED RECORDKEEPING.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall publish final regulations concerning required 
recordkeeping of natural gas measurement data as set forth in part 
250.1203 of title 30, Code of Federal Regulations (as in effect on the 
date of enactment of this Act), to include operators and other persons 
involved in the transporting, purchasing, or selling of gas under the 
requirements of that rule, under the authority provided in section 103 
of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1713).

SEC. 317. SHARED CIVIL PENALTIES.

    Section 206 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1736) is amended by striking ``Such amount shall be 
deducted from any compensation due such State or Indian Tribe under 
section 202 or section 205 or such State under section 205.''.

SEC. 318. APPLICABILITY TO OTHER MINERALS.

    Section 304 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1753) is amended by adding at the end the following new 
subsection:
    ``(e) Applicability to Other Minerals.--
            ``(1) Notwithstanding any other provision of law, sections 
        107, 109, and 110 of this Act and the regulations duly 
        promulgated with respect thereto shall apply to any lease 
        authorizing the development of coal or any other solid mineral 
        on any Federal lands or Indian lands, to the same extent as if 
        such lease were an oil and gas lease, on the same terms and 
        conditions as those authorized for oil and gas leases.
            ``(2) Notwithstanding any other provision of law, sections 
        107, 109, and 110 of this Act and the regulations duly 
        promulgated with respect thereto shall apply with respect to 
        any lease, easement, right-of-way, or other agreement, 
        regardless of form (including any royalty, rent, or other 
        payment due thereunder)--
                    ``(A) under section 8(k) or 8(p) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1337(k) and 
                1337(p)); or
                    ``(B) under the Geothermal Steam Act (30 U.S.C. 
                1001 et seq.), to the same extent as if such lease, 
                easement, right-of-way, or other agreement were an oil 
                and gas lease on the same terms and conditions as those 
                authorized for oil and gas leases.
            ``(3) For the purposes of this subsection, the term `solid 
        mineral' means any mineral other than oil, gas, and geo-
        pressured-geothermal resources, that is authorized by an Act of 
        Congress to be produced from public lands (as that term is 
        defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)).''.

SEC. 319. ENTITLEMENTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall publish final regulations prescribing when a 
Federal lessee or designee must report and pay royalties on the volume 
of oil and gas it takes under either a Federal or Indian lease or on 
the volume to which it is entitled to based upon its ownership interest 
in the Federal or Indian lease. The Secretary shall give consideration 
to requiring 100 percent entitlement reporting and paying based upon 
the lease ownership.

TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC 
                           PRESERVATION FUNDS

              Subtitle A--Land and Water Conservation Fund

SEC. 401. AMENDMENTS TO THE LAND AND WATER CONSERVATION FUND ACT OF 
              1965.

    Except as otherwise expressly provided, whenever in this subtitle 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION FUND.

    Section 2 (16 U.S.C. 460l-5) is amended by striking ``September 30, 
2015'' both places it appears and inserting ``September 30, 2040''.

SEC. 403. PERMANENT FUNDING.

    (a) In General.--The text of section 3 (16 U.S.C. 460l-6) is 
amended to read as follows: ``Of the moneys covered into the fund, 
$900,000,000 shall be available each fiscal year for expenditure for 
the purposes of this Act without further appropriation. Moneys made 
available for obligation or expenditure from the fund or from the 
special account established under section 4(i)(1) may be obligated or 
expended only as provided in this Act.''.
    (b) Conforming Amendment.--Section 2(c)(2) (16 U.S.C. 460l-5(c)(2)) 
is amended by striking ``: Provided'' and all that follows through the 
end of the sentence and inserting a period.

            Subtitle B--National Historic Preservation Fund

SEC. 411. PERMANENT FUNDING.

    The text of section 108 of the National Historic Preservation Act 
(16 U.S.C. 470h) is amended to read as follows: ``To carry out the 
provisions of this Act, there is hereby established the Historic 
Preservation Fund (hereinafter referred to as the `fund') in the 
Treasury of the United States. There shall be covered into the fund 
$150,000,000 for fiscal years 1982 through 2040 from revenues due and 
payable to the United States under the Outer Continental Shelf Lands 
Act (67 Stat. 462, 469), as amended (43 U.S.C. 1338) and/or under the 
Act of June 4, 1920 (41 Stat. 813), as amended (30 U.S.C. 191), 
notwithstanding any provision of law that such proceeds shall be 
credited to miscellaneous receipts of the Treasury. Such moneys shall 
be used only to carry out the purposes of this Act and shall be 
available for expenditure without further appropriation.''.

                TITLE V--ALTERNATIVE ENERGY DEVELOPMENT

SEC. 501. COMMERCIAL WIND AND SOLAR LEASING PROGRAM.

    (a) In General.--Pursuant to the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.) and the National Forest Management 
Act of 1976 (16 U.S.C. 1600 et seq.), the Secretary, acting through the 
Director of the Bureau of Energy and Resource Management, may issue 
leases, on a competitive basis, for commercial electricity generation 
from solar or wind resources on Federal lands under the administrative 
jurisdiction of the Bureau of Land Management or of the Forest Service, 
except that the Secretary may not issue any such lease on National 
Forest System lands over the objection of the Secretary of Agriculture.
    (b) Final Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall publish 
final regulations establishing a commercial wind and solar leasing 
program under subsection (a).
    (c) Commencement of Commercial Leasing for Solar and Wind Energy on 
Public Lands.--Not later than 90 days after completion of regulations 
required under subsection (b), or as soon as practicable thereafter, 
and following consultation with affected governors and other 
stakeholders, the Secretary may conduct lease sales under the 
regulations under this title.
    (d) Easements, Special-use Permits, and Rights-of-way.--Upon 
completion of regulations required under subsection (b), easements, 
special-use permits, and rights-of-way shall not be available for 
commercial wind and solar projects on Federal lands under the 
administrative jurisdiction of the Bureau of Land Management or Forest 
Service, except for the placement and operation of testing or data 
collection devices or facilities that will not result in the commercial 
sale of electric power.
    (e) Noncompetitive Leasing.--
            (1) In general.--The Secretary may issue leases under this 
        section on a noncompetitive basis if--
                    (A) the lease is for resource data collection or 
                equipment testing;
                    (B) the lease will not result in the commercial 
                sale of electric power;
                    (C) the lease has a term of not more than 5 years; 
                and
                    (D) the Secretary, after public notice of a 
                proposed lease, determines that there is no competitive 
                interest.
            (2) Preference.--In any competitive lease sale for lands 
        subject to a lease awarded under this subsection, the Secretary 
        may give a preference to the holder of the lease under this 
        subsection.
    (f) Transition to Commercial Leasing.--The Secretary of the 
Interior, for lands under the jurisdiction of the Bureau of Land 
Management, and the Secretary of Agriculture, for lands under the 
jurisdiction of the Forest Service, may issue an easement, special-use 
permit, or right-of-way for a commercial wind or solar project for 
which--
            (1) an application for a solar or wind right-of-way permit, 
        or for a permit for a meteorological tower or to construct a 
        wind farm, was submitted before July 1, 2010; or
            (2) a meteorological testing tower or other data collection 
        device has been installed under an approved easement, special-
        use permit, or right-of-way before the date of enactment of 
        this Act.
    (g) Diligent Development Requirements.--The Secretary shall, by 
regulation, designate work requirements and milestones to ensure that 
diligent development is carried out under each lease issued under this 
title, and that such leases are not obtained for speculative purposes.
    (h) Criteria for Bidders.--Before issuing leases under this title, 
the Secretary shall establish criteria for bidders for such leases, 
including for proof of financial ability to achieve project commitments 
and completion, and for a demonstrated understanding of the technology 
to be deployed under a lease.

SEC. 502. LAND MANAGEMENT.

    The Secretary, in consultation with the Director of the Bureau of 
Land Management and the Chief of the Forest Service, shall issue 
regulations that--
            (1) establish the duration of leases under this title, 
        which shall be not less than 30 years;
            (2) require the holder of a lease granted under this title 
        to--
                    (A) furnish a surety bond or other form of 
                security, as prescribed by the Director of the Bureau 
                of Energy and Resource Management, to assure the 
                completion of--
                            (i) interim and final reclamation and the 
                        restoration of the area that is subject to the 
                        lease to the condition in which the area 
                        existed before the granting of the lease; or
                            (ii) mitigation activities, including 
                        compensatory mitigation, if restoration to such 
                        condition is impractical; and
                    (B) comply with such other requirements as the 
                Director of the Bureau of Energy and Resource 
                Management and affected Federal land manager consider 
                necessary to protect the interests of the public and 
                the United States; and
            (3) establish best management practices and require 
        renewable energy operators to comply with those practices to 
        ensure the sound, efficient, and environmentally responsible 
        development of wind and solar resources on Federal lands in a 
        manner that shall avoid, minimize, and mitigate actual and 
        anticipated impacts to habitat and ecosystem function resulting 
        from such development and to areas proposed for wilderness or 
        other protection.

SEC. 503. REVENUES.

    (a) Establishment of Payment Requirements.--The Secretary shall 
establish royalties, fees, rentals, bonus bids, or other payments for 
leases issued under this title, that shall--
            (1) encourage development of solar and wind energy on 
        public lands;
            (2) ensure a fair return to the United States; and
            (3) be commensurate with similar payments for the 
        development of solar and wind energy on State and private 
        lands.
    (b) Deposit.--All revenues for payments established under this 
section shall be deposited in the general fund of the Treasury.
    (c) Promote Development of Previously Impacted Lands.--To promote 
the priority development of renewable energy resources on lands that 
have already been adversely impacted by significant prior use, the 
Secretary may waive the rental payment until generation commences under 
a lease under section 501 of such land determined by the Secretary in 
consultation with the Secretaries of Agriculture and Energy, and the 
Administrator of the Environmental Protection Agency.

SEC. 504. RECORDKEEPING AND REPORTING REQUIREMENTS.

    (a) In General.--A lessee, permit holder, operator, or other person 
directly involved in developing, producing, processing, transporting, 
purchasing, or selling renewable energy under this title, through the 
point of royalty computation, shall establish and maintain any records, 
make any reports, and provide any information that the Secretary may 
reasonably require for the purposes of implementing this section or 
determining compliance with rules or orders under this section. Such 
records shall include, but not be limited to, periodic reports, 
records, documents, and other data. Such reports may include, but not 
be limited to, pertinent technical and financial data relating to the 
resources being developed under the lease. Upon the request of any 
officer or employee duly designated by the Secretary conducting an 
audit or investigation pursuant to this section, the appropriate 
records, reports, or information that may be required by this section 
shall be made available for inspection and duplication by such officer 
or employee. Failure by a claim holder, operator, or other person 
referred to in the first sentence to cooperate with such an audit, 
provide data required by the Secretary, or grant access to information 
may, at the discretion of the Secretary, result in involuntary 
forfeiture of the lease or permit.
    (b) Maintenance.--Records required by the Secretary under this 
section shall be maintained for 7 years after release of financial 
assurance unless the Secretary notifies the operator that the Secretary 
has initiated an audit or investigation involving such records and that 
such records must be maintained for a longer period. In any case when 
an audit or investigation is underway, records shall be maintained 
until the Secretary releases the operator of the obligation to maintain 
such records.

SEC. 505. AUDITS.

    The Secretary may conduct such audits of all lessees and permit 
holders, operators, transporters, purchasers, processors, or other 
persons directly or indirectly involved in the production or sales of 
renewable energy resources covered by this Act, as the Secretary deems 
necessary for the purposes of ensuring compliance with the requirements 
of this title. For purposes of performing such audits, the Secretary 
shall, at reasonable times and upon request, have access to, and may 
copy, all books, papers and other documents that relate to compliance 
with any provision of this section by any person.

SEC. 506. TRADE SECRETS.

    Trade secrets, proprietary information, and other confidential 
information protected from disclosure under section 552 of title 5, 
United States Code (popularly known as the Freedom of Information Act), 
shall be made available by the Secretary to other Federal agencies as 
necessary to assure compliance with this Act and other Federal laws.

SEC. 507. INTEREST AND SUBSTANTIAL UNDERREPORTING ASSESSMENTS.

    (a) Interest.--In the case of renewable energy resources leases or 
permits under which royalty payments are not received by the Secretary 
on the date that such payments are due, the Secretary shall charge 
interest on such under payments at the same interest rate as the rate 
applicable under section 6621(a)(2) of the Internal Revenue Code of 
1986. In the case of an underpayment, interest shall be computed and 
charged only on the amount of the deficiency and not on the total 
amount.
    (b) Penalty.--If there is any underreporting of royalty owed on 
production from a lease or permit for any production month by any 
person liable for royalty payments under this title, the Secretary 
shall assess a penalty of not greater than 25 percent of the amount of 
that underreporting.
    (c) Underreporting Defined.--For the purposes of this section, the 
term ``underreporting'' means the difference between the royalty on the 
value of the production that should have been reported and the royalty 
on the value of the production that was reported, if the value that 
should have been reported is greater than the value that was reported.
    (d) Waiver or Reduction.--
            (1) In general.--The Secretary may waive or reduce the 
        assessment provided in subsection (b) if the person liable for 
        royalty payments under this section corrects the underreporting 
        before the date such person receives notice from the Secretary 
        that an underreporting may have occurred, or before 90 days 
        after the date of the enactment of this section, whichever is 
        later.
            (2) Required waiver.--The Secretary shall waive any portion 
        of an assessment under subsection (b) attributable to that 
        portion of the underreporting for which the person responsible 
        for paying the royalty demonstrates that--
                    (A) such person had written authorization from the 
                Secretary to report royalty on the value of the 
                production on basis on which it was reported;
                    (B) such person had substantial authority for 
                reporting royalty on the value of the production on the 
                basis on which it was reported;
                    (C) such person previously had notified the 
                Secretary, in such manner as the Secretary may by rule 
                prescribe, of relevant reasons or facts affecting the 
                royalty treatment of specific production that led to 
                the underreporting; or
                    (D) such person meets any other exception that the 
                Secretary may, by rule, establish.
    (e) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on renewable energy resources produced under a lease issued 
under this Act when such loss or waste is due to negligence on the part 
of any person or due to the failure to comply with any rule, 
regulation, or order issued under this section.
    (f) Failure to Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section or any regulation 
or order issued to implement this section shall be liable for a civil 
penalty under section 109 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1719) to the same extent as if the failure to 
comply occurred under that Act.
    (g) Deposit of Penalties.--All penalties collected under this 
subsection shall be deposited in the general fund of the Treasury.

SEC. 508. INDIAN SAVINGS PROVISION.

    Nothing in this title shall abridge, diminish, or alter any right 
or interest of any affected Indian tribe. Nothing in this title shall 
authorize any Federal agency or official to abridge, diminish, or alter 
any right or interest of any affected Indian tribe.

SEC. 509. TRANSMISSION SAVINGS PROVISION.

    Nothing in this title shall affect the authority of a Federal 
agency to issue right-of-way grants for electric transmission 
facilities.

                  TITLE VI--COORDINATION AND PLANNING

SEC. 601. REGIONAL COORDINATION.

    (a) In General.--The purpose of this title is to promote--
            (1) better coordination, communication, and collaboration 
        between Federal agencies with authorities for ocean, coastal, 
        and Great Lakes management; and
            (2) coordinated and collaborative regional planning efforts 
        using the best available science, and to ensure the protection 
        and maintenance of marine ecosystem health, in decisions 
        affecting the sustainable development and use of Federal 
        renewable and nonrenewable resources on, in, or above the ocean 
        (including the Outer Continental Shelf) and the Great Lakes for 
        the long-term economic and environmental benefit of the United 
        States.
    (b) Objectives of Regional Efforts.--Such regional efforts shall 
achieve the following objectives:
            (1) Greater systematic communication and coordination among 
        Federal, coastal State, and affected tribal governments 
        concerned with the conservation of and the sustainable 
        development and use of Federal renewable and nonrenewable 
        resources of the oceans, coasts, and Great Lakes.
            (2) To the maximum extent feasible, greater reliance on a 
        multiobjective, science- and ecosystem-based, spatially 
        explicit management approach that integrates regional economic, 
        ecological, affected tribal, and social objectives into ocean, 
        coastal, and Great Lakes management decisions.
            (3) Identification and prioritization of shared State and 
        Federal ocean, coastal, and Great Lakes management issues.
            (4) Identification of data and information needed by the 
        Regional Coordination Councils established under section 602.
    (c) Regions.--There are hereby designated the following 
Coordination Regions:
            (1) Pacific region.--The Pacific Coordination Region, which 
        shall consist of the coastal waters and Exclusive Economic Zone 
        adjacent to the States of Washington, Oregon, and California.
            (2) Gulf of mexico region.--The Gulf of Mexico Coordination 
        Region, which shall consist of the coastal waters and Exclusive 
        Economic Zone adjacent to the States of Texas, Louisiana, 
        Mississippi, and Alabama, and the west coast of Florida.
            (3) North atlantic region.--The North Atlantic Coordination 
        Region, which shall consist of the coastal waters and Exclusive 
        Economic Zone adjacent to the States of Maine, New Hampshire, 
        Massachusetts, Rhode Island, and Connecticut
            (4) Mid atlantic region.--The Mid Atlantic Coordination 
        Region, which shall consist of the coastal waters and Exclusive 
        Economic Zone adjacent to the States of New York, New Jersey, 
        Pennsylvania, Delaware, Maryland, and Virginia.
            (5) South atlantic region.--The South Atlantic Coordination 
        Region, which shall consist of the coastal waters and Exclusive 
        Economic Zone adjacent to the States of North Carolina, South 
        Carolina, Georgia, the east coast of Florida, and the Straits 
        of Florida Planning Area.
            (6) Alaska region.--The Alaska Coordination Region, which 
        shall consist of the coastal waters and Exclusive Economic Zone 
        adjacent to the State of Alaska.
            (7) Pacific islands region.--The Pacific Islands 
        Coordination Region, which shall consist of the coastal waters 
        and Exclusive Economic Zone adjacent to the State of Hawaii, 
        the Commonwealth of the Northern Mariana Islands, American 
        Samoa, and Guam.
            (8) Caribbean region.--The Caribbean Coordination Region, 
        which shall consist of the coastal waters and Exclusive 
        Economic Zone adjacent to Puerto Rico and the United States 
        Virgin Islands.
            (9) Great lakes region.--The Great Lakes Coordination 
        Region, which shall consist of waters of the Great Lakes in the 
        States of Illinois, Indiana, Michigan, Minnesota, New York, 
        Ohio, Pennsylvania, and Wisconsin.

SEC. 602. REGIONAL COORDINATION COUNCILS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Chairman of the Council on Environmental Quality, in 
consultation with the affected coastal States and affected Indian 
tribes, shall establish or designate a Regional Coordination Council 
for each of the Coordination Regions designated by section 601(c).
    (b) Membership.--
            (1) Federal representatives.--Within 90 days after the date 
        of enactment of this Act, the Chairman of the Council on 
        Environmental Quality shall publish the titles of the officials 
        of each Federal agency and department that shall participate in 
        each Council. The Councils shall include representatives of 
        each Federal agency and department that has authorities related 
        to the development of ocean, coastal, or Great Lakes policies 
        or engages in planning, management, or scientific activities 
        that significantly affect or inform the use of ocean, coastal, 
        or Great Lakes resources. The Chairman of the Council on 
        Environmental Quality shall determine which Federal agency 
        representative shall serve as the chairperson of each Council.
            (2) Coastal state representatives.--
                    (A) Notice of intent to participate.--The Governor 
                of each coastal State within each Coordination Region 
                designated by section 601(c) shall within 3 months 
                after the date of enactment of this Act, inform the 
                Chairman of the Council on Environmental Quality 
                whether or not the State intends to participate in the 
                Regional Coordination Council for the Region.
                    (B) Appointment of responsible state official.--If 
                a coastal State intends to participate in such Council, 
                the Governor of the coastal State shall appoint an 
                officer or employee of the coastal State agency with 
                primary responsibility for overseeing ocean and coastal 
                policy or resource management to that Council.
            (3) Regional fishery management council representation.--
        The Chairman of each Regional Fishery Management Council with 
        jurisdiction in the Coordination Region of a Regional 
        Coordination Council and the executive director of the 
        interstate marine fisheries commission with jurisdiction in the 
        Coordination Region of a Regional Coordination Council shall 
        each serve as a member of the Council.
            (4) Regional ocean partnership representation.--A 
        representative of any Regional Ocean Partnership that has been 
        established for any part of the Coordination Region of a 
        Regional Coordination Council may appoint a representative to 
        serve on the Council in addition to any Federal or State 
        appointments.
            (5) Tribal representation.--An appropriate tribal official 
        selected by affected Indian tribes situated in the affected 
        Coordination Region may elect to appoint a representative of 
        such tribes collectively to serve as a member of the Regional 
        Coordination Council for that Region.
            (6) Local representation.--The Chairman of the Council on 
        Environmental Quality shall, in consultation with the Governors 
        of the coastal States within each Coordination Region, identify 
        and appoint representatives of county and local governments, as 
        appropriate, to serve as members of the Regional Coordination 
        Council for that Region.
    (c) Advisory Committee.--Each Regional Coordination Council shall 
establish an advisory committee made up of a balanced representation 
from the energy, shipping, and transportation, marine tourism, and 
recreation industries, from marine environmental nongovernmental 
organizations, and from scientific and educational authorities with 
expertise in the conservation and management of ocean, coastal, and 
Great Lakes resources to advise the Council during the development of 
Regional Assessments and Regional Strategic Plans and in its other 
activities.
    (d) Coordination With Existing Programs.--Each Regional 
Coordination Council shall build upon and complement current State, 
multistate, and regional capacity and governance and institutional 
mechanisms to manage and protect ocean waters, coastal waters, and 
ocean resources.

SEC. 603. REGIONAL STRATEGIC PLANS.

    (a) Initial Regional Assessment.--
            (1) In general.--Each Regional Coordination Council, shall, 
        within one year after the date of enactment of this Act, 
        prepare an initial assessment of its Coordination Region that 
        shall identify deficiencies in data and information necessary 
        to informed decisionmaking. Each initial assessment shall to 
        the extent feasible--
                    (A) identify the Coordination Region's renewable 
                and non renewable resources, including current and 
                potential energy resources;
                    (B) identify and include a spatially and temporally 
                explicit inventory of existing and potential uses of 
                the Coordination Region, including fishing and fish 
                habitat, tourism, recreation, and energy development;
                    (C) document the health and relative environmental 
                sensitivity of the marine ecosystem within the 
                Coordination Region, including a comprehensive survey 
                and status assessment of species, habitats, and 
                indicators of ecosystem health;
                    (D) identify marine habitat types and important 
                ecological areas within the Coordination Region;
                    (E) assess the Coordination Region's marine economy 
                and cultural attributes and include regionally-specific 
                ecological and socio-economic baseline data;
                    (F) identify and prioritize additional scientific 
                and economic data necessary to inform the development 
                of Strategic Plans; and
                    (G) include other information to improve decision 
                making as determined by the Regional Coordination 
                Council.
            (2) Data.--Each initial assessment shall--
                    (A) use the best available data;
                    (B) collect and provide data in a spatially 
                explicit manner wherever practicable and provide such 
                data to the interagency comprehensive digital mapping 
                initiative as described in section 2 of Public Law 109-
                58 (42 U.S.C. 15801); and
                    (C) make publicly available any such data that is 
                not classified information.
            (3) Public participation.--Each Regional Coordination 
        Council shall provide adequate opportunity for review and input 
        by stakeholders and the general public during the preparation 
        of the initial assessment and any revised assessments.
    (b) Regional Strategic Plans.--
            (1) Requirement.--Each Regional Coordination Council shall, 
        within 3 years after the completion of the initial regional 
        assessment, prepare and submit to the Chairman of the Council 
        on Environmental Quality a multiobjective, science- and 
        ecosystem-based, spatially explicit, integrated Strategic Plan 
        in accordance with this subsection for the Council's 
        Coordination Region.
            (2) Management objective.--The management objective of the 
        Strategic Plans under this subsection shall be to foster 
        comprehensive, integrated, and sustainable development and use 
        of ocean, coastal, and Great Lakes resources, while protecting 
        marine ecosystem health and sustaining the long-term economic 
        and ecosystem values of the oceans.
            (3) Contents.--Each Strategic Plan prepared by a Regional 
        Coordination Council shall--
                    (A) be based on the initial regional assessment and 
                updates for the Coordination Region under subsections 
                (a) and (c), respectively;
                    (B) foster the sustainable and integrated 
                development and use of ocean, coastal, and Great Lakes 
                resources in a manner that protects the health of 
                marine ecosystems;
                    (C) identify areas with potential for siting and 
                developing renewable and nonrenewable energy resources 
                in the Coordination Region covered by the Strategic 
                Plan;
                    (D) identify other current and potential uses of 
                the ocean and coastal resources in the Coordination 
                Region;
                    (E) identify and recommend long-term monitoring 
                needs for ecosystem health and socioeconomic variables 
                within the Coordination Region covered by the Strategic 
                Plan;
                    (F) identify existing State and Federal regulating 
                authorities within the Coordination Region covered by 
                the Strategic Plan;
                    (G) identify best available technologies to 
                minimize adverse environmental impacts and use 
                conflicts in the development of ocean and coastal 
                resources in the Coordination Region;
                    (H) identify additional research, information, and 
                data needed to carry out the Strategic Plan;
                    (I) identify performance measures and benchmarks 
                for purposes of fulfilling the responsibilities under 
                this section to be used to evaluate the Strategic 
                Plan's effectiveness;
                    (J) define responsibilities and include an analysis 
                of the gaps in authority, coordination, and resources, 
                including funding, that must be filled in order to 
                fully achieve those performance measures and 
                benchmarks; and
                    (K) include such other information at the Chairman 
                of the Council on Environmental Quality determines is 
                appropriate.
            (4) Public participation.--Each Regional Coordination 
        Council shall provide adequate opportunities for review and 
        input by stakeholders and the general public during the 
        development of the Strategic Plan and any Strategic Plan 
        revisions.
    (c) Updated Regional Assessments.--Each Regional Coordination 
Council shall update the initial regional assessment prepared under 
subsection (a) in coordination with each Strategic Plan revision under 
subsection (e), to provide more detailed information regarding the 
required elements of the assessment and to include any relevant new 
information that has become available in the interim.
    (d) Review and Approval.--
            (1) Commencement of review.--Within 10 days after receipt 
        of a Strategic Plan under this section, or any revision to such 
        a Strategic Plan, from a Regional Coordination Council, the 
        Chairman of the Council of Environmental Quality shall commence 
        a review of the Strategic Plan or the revised Strategic Plan, 
        respectively.
            (2) Public notice and comment.--Immediately after receipt 
        of such a Strategic Plan or revision, the Chairman of the 
        Council of Environmental Quality shall publish the Strategic 
        Plan or revision in the Federal Register and provide an 
        opportunity for the submission of public comment for a 90-day 
        period beginning on the date of such publication.
            (3) Requirements for approval.--Before approving a 
        Strategic Plan, or any revision to a Strategic Plan, the 
        Chairman of the Council on Environmental Quality must find that 
        the Strategic Plan or revision--
                    (A) is consistent with the Outer Continental Shelf 
                Lands Act;
                    (B) complies with subsection (b); and
                    (C) complies with the purposes of this title as 
                identified in section 601(a) and the objectives 
                identified in section 601(b).
            (4) Deadline for completion.--Within 180 days after the 
        receipt of a Strategic Plan, or a revision to a Strategic Plan, 
        the Chairman of the Council of Environmental Quality shall 
        approve or disapprove the Strategic Plan or revision. If the 
        Chairman disapproves the Strategic Plan or revision, the 
        Chairman shall transmit to the Regional Coordination Council 
        that submitted the Strategic Plan or revision, an 
        identification of the deficiencies and recommendations to 
        improve it. The Council shall submit a revised Strategic Plan 
        or revision to such plan with 180 days after receiving the 
        recommendations from the Chairman.
    (e) Plan Revision.--Each Strategic Plan shall be reviewed and 
revised by the relevant Regional Coordination Council at least once 
every 5 years. Such review and revision shall be based on the most 
recently updated regional assessment. Any proposed revisions to the 
Strategic Plan shall be submitted to the Chairman of the Council on 
Environmental Quality for review and approval pursuant to this section.

SEC. 604. REGULATIONS.

    The Chairman of the Council on Environmental Quality may issue such 
regulations as the Chairman considers necessary to ensure proper 
administration of this title.

SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.

    (a) Establishment.--
            (1) In general.--There is established in the Treasury of 
        the United States a separate account to be known as the Ocean 
        Resources Conservation and Assistance Fund.
            (2) Credits.--The ORCA Fund shall be credited with amounts 
        as specified in section 9 of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1338), as amended by section 207 of this Act.
            (3) Allocation of the orca fund.--
                    (A) In general.--Of the amounts deposited in the 
                ORCA Fund each fiscal year--
                            (i) 70 percent shall be allocated to the 
                        Secretary, of which--
                                    (I) 1/2 shall be used to make 
                                grants to coastal States and affected 
                                Indian tribes under subsection (b); and
                                    (II) 1/2 shall be used for the 
                                ocean, coastal, and Great Lakes grants 
                                program established by subsection (c);
                            (ii) 20 percent shall be allocated to the 
                        Secretary to carry out the purposes of 
                        subsection (e); and
                            (iii) 10 percent shall be allocated to the 
                        Secretary to make grants to Regional Ocean 
                        Partnerships under subsection (d).
                    (B) Availability.--Amounts allocated to the 
                Secretary under subparagraph (A) shall be available 
                without further appropriation.
            (4) Procedures.--The Secretary shall establish application, 
        review, oversight, financial accountability, and performance 
        accountability procedures for each grant program for which 
        funds are allocated under this subsection.
    (b) Grants to Coastal States.--
            (1) Grant authority.--The Secretary may use amounts 
        allocated under subsection (a)(3)(A)(I)(I) to make grants to--
                    (A) coastal States pursuant to the formula 
                established under section 306(c) of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1455(c)); and
                    (B) affected Indian tribes based on and 
                proportional to any specific coastal and ocean 
                management authority granted to an affected tribe 
                pursuant to affirmation of a Federal reserved right.
            (2) Eligibility.--To be eligible to receive a grant under 
        this subsection, a coastal State or affected Indian tribe must 
        prepare and revise a 5-year plan and annual work plans that--
                    (A) demonstrate that activities for which the 
                coastal State or affected Indian tribe will use the 
                funds are consistent with the eligible uses of the Fund 
                described in subsection (f); and
                    (B) provide mechanisms to ensure that funding is 
                made available to government, nongovernment, and 
                academic entities to carry out eligible activities at 
                the county and local level.
            (3) Approval of state and affected tribal plans.--
                    (A) In general.--Plans required under paragraph (2) 
                must be submitted to and approved by the Secretary.
                    (B) Public input and comment.--In determining 
                whether to approve such plans, the Secretary shall 
                provide opportunity for, and take into consideration, 
                public input and comment on the plans from stakeholders 
                and the general public.
            (5) Energy planning grants.--For each of the fiscal years 
        2011 through 2015, the Secretary may use funds allocated for 
        grants under this subsection to make grants to coastal States 
        and affected tribes under section 320 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended by 
        this Act.
            (6) Use of funds.--Any amounts provided as a grant under 
        this subsection, other than as a grants under paragraph (5), 
        may only be used for activities described in subsection (f).
    (c) Ocean and Coastal Competitive Grants Program.--
            (1) Establishment.--The Secretary shall use amounts 
        allocated under subsection (a)(3)(A)(I)(II) to make competitive 
        grants for conservation and management of ocean, coastal, and 
        Great Lakes ecosystems and marine resources.
            (2) Ocean, coastal, and great lakes review panel.--
                    (A) In general.--The Secretary shall establish an 
                Ocean, Coastal, and Great Lakes Review Panel (in this 
                subsection referred to as the ``Panel''), which shall 
                consist of 12 members appointed by the Secretary with 
                expertise in the conservation and management of ocean, 
                coastal, and Great Lakes ecosystems and marine 
                resources. In appointing members to the Council, the 
                Secretary shall include a balanced diversity of 
                representatives of relevant Federal agencies, the 
                private sector, nonprofit organizations, and academia.
                    (B) Functions.--The Panel shall--
                            (i) review, in accordance with the 
                        procedures and criteria established under 
                        paragraph (3), grant applications under this 
                        subsection;
                            (ii) make recommendations to the Secretary 
                        regarding which grant applications should be 
                        funded and the amount of each grant; and
                            (iii) establish any specific requirements, 
                        conditions, or limitations on a grant 
                        application recommended for funding.
            (3) Procedures and eligibility criteria for grants.--
                    (A) In general.--The Secretary shall establish--
                            (i) procedures for applying for a grant 
                        under this subsection and criteria for 
                        evaluating applications for such grants; and
                            (ii) criteria, in consultation with the 
                        Panel, to determine what persons are eligible 
                        for grants under the program.
                    (B) Eligible persons.--Persons eligible under the 
                criteria under subparagraph (A)(ii) shall include 
                Federal, State, affected tribal, and local agencies, 
                fishery or wildlife management organizations, nonprofit 
                organizations, and academic institutions.
            (4) Approval of grants.--In making grants under this 
        subsection the Secretary shall give the highest priority to the 
        recommendations of the Panel. If the Secretary disapproves a 
        grant recommended by the Panel, the Secretary shall explain 
        that disapproval in writing.
            (5) Use of grant funds.--Any amounts provided as a grant 
        under this subsection may only be used for activities described 
        in subsection (f).
    (d) Grants to Regional Ocean Partnerships.--
            (1) Grant authority.--The Secretary may use amounts 
        allocated under subsection (a)(3)(A)(iii) to make grants to 
        Regional Ocean Partnerships.
            (2) Eligibility.--In order to be eligible to receive a 
        grant, a Regional Ocean Partnership must prepare and annually 
        revise a plan that--
                    (A) identifies regional science and information 
                needs, regional goals and priorities, and mechanisms 
                for facilitating coordinated and collaborative 
                responses to regional issues;
                    (B) establishes a process for coordinating and 
                collaborating with the Regional Coordination Councils 
                established under section 602 to address regional 
                issues and information needs and achieve regional goals 
                and priorities; and
                    (C) demonstrates that activities to be carried out 
                with such funds are eligible uses of the funds 
                identified in subsection (f).
            (3) Approval by secretary.--Such plans must be submitted to 
        and approved by the Secretary.
            (4) Public input and comment.--In determining whether to 
        approve such plans, the Secretary shall provide opportunity 
        for, and take into consideration, input and comment on the 
        plans from stakeholders and the general public.
            (5) Use of funds.--Any amounts provided as a grant under 
        this subsection may only be used for activities described in 
        subsection (f).
    (e) Long-term Ocean and Coastal Observations.--
            (1) In general.--The Secretary shall use the amounts 
        allocated under subsection (a)(3)(A)(ii) to build, operate, and 
        maintain the system established under section 12304 of Public 
        Law 111-11 (33 U.S.C. 3603), in accordance with the purposes 
        and policies for which the system was established.
            (2) Administration of funds.--The Secretary shall 
        administer and distribute funds under this subsection based 
        upon comprehensive system budgets adopted by the Council 
        referred to in section 12304(c)(1)(A) of the Integrated Coastal 
        and Ocean Observation System Act of 2009 (33 U.S.C. 
        3603(c)(1)(A)).
    (f) Eligible Use of Funds.--Any funds made available under this 
section may only be used for activities that contribute to the 
conservation, protection, maintenance, and restoration of ocean, 
coastal, and Great Lakes ecosystems in a manner that is consistent with 
Federal environmental laws and that avoids environmental degradation, 
including--
            (1) activities to conserve, protect, maintain, and restore 
        coastal, marine, and Great Lakes ecosystem health;
            (2) activities to protect marine biodiversity and living 
        marine and coastal resources and their habitats, including fish 
        populations;
            (3) the development and implementation of multiobjective, 
        science- and ecosystem-based plans for monitoring and managing 
        the wide variety of uses affecting ocean, coastal, and Great 
        Lakes ecosystems and resources that consider cumulative impacts 
        and are spatially explicit where appropriate;
            (4) activities to improve the resiliency of those 
        ecosystems;
            (5) activities to improve the ability of those ecosystems 
        to become more resilient, and to adapt to and withstand the 
        impacts of climate change and ocean acidification;
            (6) planning for and managing coastal development to 
        minimize the loss of life and property associated with sea 
        level rise and the coastal hazards resulting from it;
            (7) research, assessment, monitoring, and dissemination of 
        information that contributes to the achievement of these 
        purposes;
            (8) research of, protection of, enhancement to, and 
        activities to improve the resiliency of culturally significant 
        areas and resources; and
            (9) activities designed to rescue, rehabilitate, and 
        recover injured marine mammals, marine birds, and sea turtles.
    (g) Definitions.--In this section:
            (1) Orca fund.--The term ``ORCA Fund'' means the Ocean 
        Resources Conservation and Assistance Fund established by this 
        section
            (2) Secretary.--Notwithstanding section 3, the term 
        ``Secretary'' means the Secretary of Commerce.

SEC. 606. WAIVER.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Regional Coordination Councils established under section 602.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY RELIEF FOR THE 
              OIL AND GAS INDUSTRY.

    (a) Provisions Relating to Planning Areas Offshore Alaska.--Section 
8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(a)(3)(B)) is amended by striking ``and in the Planning Areas 
offshore Alaska'' after ``West longitude''.
    (b) Provisions Relating to Naval Petroleum Reserve in Alaska.--
Section 107 of the Naval Petroleum Reserves Production Act of 1976 (as 
transferred, redesignated, moved, and amended by section 347 of the 
Energy Policy Act of 2005 (119 Stat. 704)) is amended--
            (1) in subsection (i) by striking paragraphs (2) through 
        (6); and
            (2) by striking subsection (k).

SEC. 702. CONSERVATION FEE.

    (a) Establishment.--The Secretary shall, within 180 days after the 
date of enactment of this Act, issue regulations to establish an annual 
conservation fee for all oil and gas leases on Federal onshore and 
offshore lands.
    (b) Amount.--The amount of the fee shall be, for each barrel or 
barrel equivalent produced from land that is subject to a lease from 
which oil or natural gas is produced in a calendar year, $2 per barrel 
of oil and 20 cents per million BTU of natural gas in 2010 dollars.
    (c) Assessment and Collection.--The Secretary shall assess and 
collect the fee established under this section.
    (d) Regulations.--The Secretary may issue regulations to prevent 
evasion of the fee under this section.
    (e) Sunset.--This section and the fee established under this 
section shall expire on December 31, 2021.

SEC. 703. LEASING ON INDIAN LANDS.

    Nothing in this Act modifies, amends, or affects leasing on Indian 
lands as currently carried out by the Bureau of Indian Affairs.

SEC. 704. OFFSHORE AQUACULTURE CLARIFICATION.

    (a) No Authority.--The Secretary of Commerce, the Administrator of 
the National Oceanic and Atmospheric Administration, or the Regional 
Fishery Management Councils shall not develop or approve a fishery 
management plan or fishery management plan amendment to permit or 
regulate offshore aquaculture.
    (b) Permits Invalid.--Any permit issued for the conduct of offshore 
aquaculture, including the siting or operation of offshore aquaculture 
facilities, under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) shall be invalid upon enactment 
of this Act.
    (c) Definitions.--In this section:
            (1) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means all activities related to--
                    (A) the placement of any installation, facility, or 
                structure in the exclusive economic zone for the 
                purposes of propagation or rearing, or attempting to 
                propagate or rear, any species; or
                    (B) the operation of offshore aquaculture 
                facilities in the exclusive economic zone involved in 
                the propagation or rearing, or attempted propagation or 
                rearing, of species.
            (2) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) a structure, installation, or other complex 
                used, in whole or in part, for offshore aquaculture; or
                    (B) an area of the seabed or the subsoil used for 
                offshore aquaculture.

SEC. 705. OUTER CONTINENTAL SHELF STATE BOUNDARIES.

    (a) General.--Not later than 2 years after the date of enactment of 
this Act, the President, acting through the Secretary of the Interior, 
shall publish a final determination under section 4(a)(2) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries of 
coastal States projected seaward to the outer margin of the Outer 
Continental Shelf.
    (b) Notice and Comment.--In determining the projected boundaries 
specified in subsection (a), the Secretary shall comply with the notice 
and comment requirements under chapter 5 of title 5, United States 
Code.
    (c) Savings Clause.--The determination and publication of projected 
boundaries under subsection (a) shall not be construed to alter, limit, 
or modify the jurisdiction, control, or any other authority of the 
United States over the Outer Continental Shelf.

SEC. 706. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following 
new subsection:
    ``(p) Destruction or Loss of, or Injury to, Refuge Resources.--
            ``(1) Liability.--
                    ``(A) Liability to united states.--Any person who 
                destroys, causes the loss of, or injures any refuge 
                resource is liable to the United States for an amount 
                equal to the sum of--
                            ``(i) the amount of the response costs and 
                        damages resulting from the destruction, loss, 
                        or injury; and
                            ``(ii) interest on that amount calculated 
                        in the manner described under section1005 of 
                        the Oil Pollution Act of 1990 (33 U.S.C. 2705).
                    ``(B) Liability in rem.--Any instrumentality, 
                including a vessel, vehicle, aircraft, or other 
                equipment, that destroys, causes the loss of, or 
                injures any refuge resource shall be liable in rem to 
                the United States for response costs and damages 
                resulting from such destruction, loss, or injury to the 
                same extent as a person is liable under subparagraph 
                (A).
                    ``(C) Defenses.--A person is not liable under this 
                paragraph if that person establishes that--
                            ``(i) the destruction or loss of, or injury 
                        to, the refuge resource was caused solely by an 
                        act of God, an act of war, or an act or 
                        omission of a third party, and the person acted 
                        with due care;
                            ``(ii) the destruction, loss, or injury was 
                        caused by an activity authorized by Federal or 
                        State law; or
                            ``(iii) the destruction, loss, or injury 
                        was negligible.
                    ``(D) Limits to liability.--Nothing in sections 
                30501 to 30512 or section 30706 of title 46, United 
                States Code, shall limit the liability of any person 
                under this section.
            ``(2) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction or loss of, or injury to, refuge resources, or to 
        minimize the imminent risk of such destruction, loss, or 
        injury.
            ``(3) Civil actions for response costs and damages.--
                    ``(A) In general.--The Attorney General, upon 
                request of the Secretary, may commence a civil action 
                against any person or instrumentality who may be liable 
                under paragraph (1) for response costs and damages. The 
                Secretary, acting as trustee for refuge resources for 
                the United States, shall submit a request for such an 
                action to the Attorney General whenever a person may be 
                liable for such costs or damages.
                    ``(B) Jurisdiction and venue.--An action under this 
                subsection may be brought in the United States district 
                court for any district in which--
                            ``(i) the defendant is located, resides, or 
                        is doing business, in the case of an action 
                        against a person;
                            ``(ii) the instrumentality is located, in 
                        the case of an action against an 
                        instrumentality; or
                            ``(iii) the destruction of, loss of, or 
                        injury to a refuge resource occurred.
            ``(4) Use of recovered amounts.--Response costs and damages 
        recovered by the Secretary under this subsection shall be 
        retained by the Secretary in the manner provided for in section 
        107(f)(1) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) 
        and used as follows:
                    ``(A) Response costs.--Amounts recovered by the 
                United States for costs of response actions and damage 
                assessments under this subsection shall be used, as the 
                Secretary considers appropriate--
                            ``(i) to reimburse the Secretary or any 
                        other Federal or State agency that conducted 
                        those activities; and
                            ``(ii) after reimbursement of such costs, 
                        to restore, replace, or acquire the equivalent 
                        of any refuge resource.
                    ``(B) Other amounts.--All other amounts recovered 
                shall be used, in order of priority--
                            ``(i) to restore, replace, or acquire the 
                        equivalent of the refuge resources that were 
                        the subject of the action, including the costs 
                        of monitoring the refuge resources;
                            ``(ii) to restore degraded refuge resources 
                        of the refuge that was the subject of the 
                        action, giving priority to refuge resources 
                        that are comparable to the refuge resources 
                        that were the subject of the action; and
                            ``(iii) to restore degraded refuge 
                        resources of other refuges.
            ``(5) Definitions.--In this subsection, the term--
                    ``(A) `damages' includes--
                            ``(i) compensation for--
                                    ``(I)(aa) the cost of replacing, 
                                restoring, or acquiring the equivalent 
                                of a refuge resource; and
                                    ``(bb) the value of the lost use of 
                                a refuge resource pending its 
                                restoration or replacement or the 
                                acquisition of an equivalent refuge 
                                resource; or
                                    ``(II) the value of a refuge 
                                resource if the refuge resource cannot 
                                be restored or replaced or if the 
                                equivalent of such resource cannot be 
                                acquired;
                            ``(ii) the cost of conducting damage 
                        assessments;
                            ``(iii) the reasonable cost of monitoring 
                        appropriate to the injured, restored, or 
                        replaced refuge resource; and
                            ``(iv) the cost of enforcement actions 
                        undertaken by the Secretary in response to the 
                        destruction or loss of, or injury to, a refuge 
                        resource;
                    ``(B) `response costs' means the costs of actions 
                taken or authorized by the Secretary to minimize 
                destruction or loss of, or injury to, refuge resources, 
                or to minimize the imminent risks of such destruction, 
                loss, or injury, including costs related to seizure, 
                forfeiture, storage, or disposal arising from 
                liability, or to monitor ongoing effects of incidents 
                causing such destruction, loss, or injury under this 
                subsection; and
                    ``(C) `refuge resource' means any living or 
                nonliving resource of a refuge that contributes to the 
                conservation, management, and restoration mission of 
                the System, including living or nonliving resources of 
                a marine national monument that may be managed as a 
                unit of the System.''.

SEC. 707. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended adding at the end the following new section:

``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND 
              PLANNING.

    ``(a) Grants to States.--The Secretary may make grants to eligible 
coastal states--
            ``(1) to revise management programs approved under section 
        306 (16 U.S.C. 1455) to identify and implement new enforceable 
        policies and procedures to ensure sufficient response 
        capabilities at the state level to address the environmental, 
        economic and social impacts of oil spills or other accidents 
        resulting from Outer Continental Shelf energy activities with 
        the potential to affect any land or water use or natural 
        resource of the coastal zone; and
            ``(2) to review and revise where necessary applicable 
        enforceable policies within approved state management programs 
        affecting coastal energy activities and energy to ensure that 
        these policies are consistent with--
                    ``(A) other emergency response plans and policies 
                developed under Federal or State law; and
                    ``(B) new policies and procedures developed under 
                paragraph (1); and
            ``(3) after a State has adopted new or revised enforceable 
        policies and procedures under paragraphs (1) and (2)--
                    ``(A) the State shall submit the policies and 
                procedures to the Secretary; and
                    ``(B) the Secretary shall notify the State whether 
                the Secretary approves or disapproves the incorporation 
                of the policies and procedures into the State's 
                management program pursuant to section 306(e).
    ``(b) Elements.--New enforceable policies and procedures developed 
by coastal states with grants awarded under this section shall 
consider, but not be limited to--
            ``(1) other existing emergency response plans, procedures 
        and enforceable policies developed under other Federal or State 
        law that affect the coastal zone;
            ``(2) identification of critical infrastructure essential 
        to facilitate spill or accident response activities;
            ``(3) identification of coordination, logistics and 
        communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;
            ``(4) inventories of shore locations and infrastructure and 
        equipment necessary to respond to oil spills or other accidents 
        resulting from Outer Continental Shelf energy activities;
            ``(5) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, or aesthetic 
        values;
            ``(6) inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development; and
            ``(7) other information or actions as may be necessary.
    ``(c) Guidelines.--The Secretary shall, within 180 days after the 
date of enactment of this section and after consultation with the 
coastal states, publish guidelines for the application for and use of 
grants under this section.
    ``(d) Participation.--A coastal state shall provide opportunity for 
public participation in developing new enforceable policies and 
procedures under this section pursuant to sections 306(d)(1) and 
306(e), especially by relevant Federal agencies, other coastal state 
agencies, local governments, regional organizations, port authorities, 
and other interested parties and stakeholders, public and private, that 
are related to, or affected by Outer Continental Shelf energy 
activities.
    ``(e) Annual Grants.--
            ``(1) In general.--For each of fiscal years 2011 through 
        2015, the Secretary may make a grant to a coastal state to 
        develop new enforceable polices and procedures as required 
        under this section.
            ``(2) Grant amounts and limit on awards.--The amount of any 
        grant to any one coastal State under this section shall not 
        exceed $750,000 for any fiscal year. No coastal state may 
        receive more than two grants under this section.
            ``(3) No state matching contribution required.--As it is in 
        the national interest to be able to respond efficiently and 
        effectively at all levels of government to oil spills and other 
        accidents resulting from Outer Continental Shelf energy 
        activities, a coastal state shall not be required to contribute 
        any portion of the cost of a grant awarded under this section.
            ``(4) Secretarial review and limit on awards.--After an 
        initial grant is made to a coastal state under this section, no 
        subsequent grant may be made to that coastal state under this 
        section unless the Secretary finds that the coastal state is 
        satisfactorily developing revisions to address offshore energy 
        impacts. No coastal state is eligible to receive grants under 
        this section for more than 2 fiscal years.
    ``(f) Applicability.--The requirements of this section shall only 
apply if appropriations are provided to the Secretary to make grants 
under this section. This section shall not be construed to convey any 
new authority to any coastal state, or repeal or supersede any existing 
authority of any coastal state, to regulate the siting, licensing, 
leasing, or permitting of energy facilities in areas of the Outer 
Continental Shelf under the administration of the Federal Government. 
Nothing in this section repeals or supersedes any existing coastal 
state authority.
    ``(g) Assistance by the Secretary.--The Secretary as authorized 
under section 310(a) and to the extent practicable, shall make 
available to coastal states the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal states to prepare revisions to approved 
management programs to meet the requirements under this section.''.

SEC. 708. INFORMATION SHARING.

    Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 
note) is amended by adding at the end the following:
            ``(4) Availability of data and information.--All heads of 
        departments and agencies of the Federal Government shall, upon 
        request of the Secretary, provide to the Secretary all data and 
        information that the Secretary deems necessary for the purpose 
        of including such data and information in the mapping 
        initiative, except that no department or agency of the Federal 
        Government shall be required to provide any data or information 
        that is privileged or proprietary.''.

SEC. 709. REPEAL OF FUNDING.

    Effective October 1, 2010, section 999H of the Energy Policy Act of 
2005 (42 U.S.C. 16378) is amended--
            (1) by striking subsections (a), (b), (c), and (f);
            (2) by redesignating subsections (d) and (e) as subsections 
        (a) and (b), respectively;
            (3) in subsection (a), as so redesignated, by striking 
        ``obligated from the Fund under subsection (a)(1)'' and 
        inserting ``available under this section''; and
            (4) in subsection (b), as so redesignated, by striking ``In 
        addition to other amounts that are made available to carry out 
        this section, there'' and inserting ``There''.

SEC. 710. LIMITATION ON USE OF FUNDS.

    None of the funds authorized or made available by this Act may be 
used to carry out any activity or pay any cost for which a responsible 
party (as such term is defined in section 1001 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2701)) is liable under the Oil Pollution Act of 1990 
(33 U.S.C. 2701 et seq.) or other law.

SEC. 711. ADDITIONAL PUBLIC-RIGHT-TO-KNOW REQUIREMENTS.

    The Secretary of the Interior shall make publicly available in a 
database that is accessible by the public through the Internet 
information regarding judicial actions filed against the Department of 
the Interior regarding leasing, production, exploration, or any related 
activities under the Outer Continental Shelf Lands Act, the Mineral 
Leasing Act, the Geothermal Steam Act of 1970, including any action 
under any amendment to any of those laws made by this Act. The database 
shall include a list the full amount of attorney's fees required to be 
paid in such actions by court order or settlement agreement.

SEC. 712. FEDERAL RESPONSE TO STATE PROPOSALS TO PROTECT STATE LANDS 
              AND WATERS.

    Any State shall be entitled to timely decisions regarding permit 
applications or other approvals from any Federal official, including 
the Secretary of the Interior or the Secretary of Commerce, for any 
State or local government response activity to protect State lands and 
waters that is directly related to the discharge of oil determined to 
be a spill of national significance. Within 48 hours of the receipt of 
the State application or request for approval, the Federal official 
shall provide a clear determination on the permit application or 
approval request to the State, or provide a definite date by which the 
determination shall be made to the State. If the Federal official fails 
to meet either of these deadlines, the permit application is presumed 
to be approved or other approval granted.

                 TITLE VIII--GULF OF MEXICO RESTORATION

SEC. 801. GULF OF MEXICO RESTORATION PROGRAM.

    (a) Program.--There is established a Gulf of Mexico Restoration 
Program for the purposes of coordinating Federal, State, and local 
restoration programs and projects to maximize efforts in restoring 
biological integrity, productivity and ecosystem functions in the Gulf 
of Mexico.
    (b) Gulf of Mexico Restoration Task Force.--
            (1) Establishment.--There is established a task force to be 
        known as the Gulf of Mexico Restoration Task Force (in this 
        section referred to as the ``Restoration Task Force'').
            (2) Membership.--The Restoration Task Force shall consist 
        of the Governors of each of the Gulf coast States and the heads 
        of appropriate Federal agencies selected by the President. The 
        chairperson of the Restoration Task Force (in this subsection 
        referred to as the ``Chair'') shall be appointed by the 
        President. The Chair shall be a person who, as the result of 
        experience and training, is exceptionally well-qualified to 
        manage the work of the Restoration Task Force. The Chair shall 
        serve in the Executive Office of the President.
            (3) Advisory committees.--The Restoration Task Force may 
        establish advisory committees and working groups as necessary 
        to carry out is its duties under this Act.
    (c) Gulf of Mexico Restoration Plan.--
            (1) In general.--Not later than nine months after the date 
        of enactment of this Act, the Restoration Task Force shall 
        issue a proposed comprehensive plan for long-term restoration 
        of the Gulf of Mexico. Not later than 12 months after the date 
        of enactment and after notice and opportunity for public 
        comment, the Restoration Task Force shall publish a final plan. 
        The Plan shall be updated every five years in the same manner.
            (2) Elements of restoration plans.--The Plan shall--
                    (A) identify processes and strategies for 
                coordinating Federal, State, and local restoration 
                programs and projects to maximize efforts in restoring 
                biological integrity, productivity and ecosystem 
                functions in the Gulf of Mexico region;
                    (B) identify mechanisms for scientific review and 
                input to evaluate the benefits and long-term 
                effectiveness of restoration programs and projects;
                    (C) identify, using the best science available, 
                strategies for implementing restoration programs and 
                projects for natural resources including--
                            (i) restoring species population and 
                        habitat including oyster reefs, sea grass beds, 
                        coral reefs, tidal marshes and other coastal 
                        wetlands and barrier islands and beaches;
                            (ii) restoring fish passage and improving 
                        migratory pathways for wildlife;
                            (iii) research that directly supports 
                        restoration programs and projects;
                            (iv) restoring the biological productivity 
                        and ecosystem function in the Gulf of Mexico 
                        region; and
                            (v) improving the resilience of natural 
                        resources to withstand the impacts of climate 
                        change and ocean acidification to ensure the 
                        long-term effectiveness of the restoration 
                        program.
            (3) Report.--The Task Force shall annually provide a report 
        to Congress about the progress in implementing the Plan.
    (d) Definitions.--For purposes of this section, the term--
            (1) ``Gulf coast State'' means each of the States of Texas, 
        Louisiana, Mississippi, Alabama, and Florida; and
            (2) ``restoration programs and projects'' means activities 
        that support the restoration, rehabilitation, replacement, or 
        acquisition of the equivalent, of injured or lost natural 
        resources including the ecological services and benefits 
        provided by such resources.
    (e) Relationship to Other Law.--Nothing in this section affects the 
ability or authority of the Federal Government to recover costs from a 
person determined to be a responsible party pursuant to the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) or other law.

               TITLE IX--GEOTHERMAL PRODUCTION EXPANSION

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Geothermal Production Expansion 
Act''.

SEC. 902. FINDINGS.

    The Congress finds the following:
            (1) It is in the best interest of the United States to 
        develop clean renewable geothermal energy.
            (2) Development of such energy should be promoted on 
        appropriate Federal lands.
            (3) Under the Energy Policy Act of 2005, the Bureau of Land 
        Management is authorized to issue three different types of non-
        competitive leases for production of geothermal energy on 
        Federal lands, including non-competitive geothermal leases to 
        mining claim holders that have a valid operating plan, direct 
        use leases, and leases on parcels that do not sell at a 
        competitive auction.
            (4) Federal geothermal energy leasing activity should be 
        directed towards those seeking to develop the land as opposed 
        to those seeking to speculate on geothermal resources and 
        thereby artificially raising the cost of legitimate geothermal 
        energy development.
            (5) Developers of geothermal energy on Federal lands that 
        have invested substantial capital and made high risk 
        investments should be allowed to secure a discovery of 
        geothermal energy resources.
            (6) Successful geothermal development on Federal lands will 
        provide increased revenue to the Federal Government, with the 
        payment of production royalties over decades.

SEC. 903. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF 
              GEOTHERMAL RESOURCES.

    (a) In General.--Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) by adding at the end the following:
            ``(4) Adjoining lands.--
                    ``(A) In general.--An area of qualified Federal 
                lands that adjoins other lands for which a qualified 
                lessee holds a legal right to develop geothermal 
                resources may be available for noncompetitive lease 
                under this section to the qualified lessee at the fair 
                market value per acre, if--
                            ``(i) the area of qualified Federal lands--
                                    ``(I) consists of not less than 1 
                                acre, and not more than 640 acres; and
                                    ``(II) is not already leased under 
                                this Act or nominated to be leased 
                                under subsection (a);
                            ``(ii) the qualified lessee has not 
                        previously received a noncompetitive lease 
                        under this paragraph in connection with the 
                        valid discovery for which data has been 
                        submitted under subclause (I) of clause (iii); 
                        and
                            ``(iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been submitted by 
                        the qualified lessee to the relevant Federal 
                        land management agency that would engender a 
                        belief in individuals who are experienced in 
                        the subject matter that--
                                    ``(I) there is a valid discovery of 
                                geothermal resources on the lands for 
                                which the qualified lessee holds the 
                                legal right to develop geothermal 
                                resources; and
                                    ``(II) such thermal feature extends 
                                into the adjoining areas.
                    ``(B) Determination of fair market value.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) determine fair market value 
                                for purposes of this paragraph in 
                                accordance with procedures for making 
                                such determinations that are 
                                established by regulations issued by 
                                the Secretary;
                                    ``(III) provide to a qualified 
                                lessee and publish any proposed 
                                determination under this subparagraph 
                                of the fair market value of an area 
                                that the qualified lessee seeks to 
                                lease under this paragraph;
                                    ``(IV) provide to such qualified 
                                lessee the opportunity to appeal such 
                                proposed determination within the 30-
                                day period after it is provided to the 
                                qualified lessee; and
                                    ``(V) provide to any interested 
                                member of the public the opportunity to 
                                appeal such proposed determination in 
                                accordance with the process set forth 
                                in parts 4, 1840, and 3200.5 of title 
                                43, Code of Federal Regulations (as in 
                                effect on the date of enactment of the 
                                Geothermal Production Expansion Act) 
                                within the 30-day period after it 
                                published.
                            ``(ii) Limitation on nomination.--After 
                        publication of a notice of request to lease 
                        land under this paragraph, the Secretary may 
                        not accept under subsection (a) any nomination 
                        of the land for leasing unless the request has 
                        been denied or withdrawn.
                            ``(iii) Regulations: deadline; publication 
                        of proposed regulations.--The regulations 
                        required under clause (i) shall be issued by 
                        not later than 90 days after the date of 
                        enactment of this Act, and after publication 
                        of, and an opportunity for public comment on, 
                        the proposed regulations.
                    ``(C) Definitions.--In this paragraph--
                            ``(i) the term `fair market value per acre' 
                        means a dollar amount per acre that--
                                    ``(I) except as provided in this 
                                clause, shall be equal to the market 
                                value per acre as determined by the 
                                Secretary under regulations under this 
                                paragraph;
                                    ``(II) shall be determined by the 
                                Secretary with respect to a lease under 
                                this paragraph, by not later than the 
                                end of the 90-day period beginning on 
                                the date the Secretary receives an 
                                application for the lease; and
                                    ``(III) shall be not less than the 
                                greater of--
                                            ``(aa) four times the 
                                        median amount paid per acre for 
                                        all lands leased under this Act 
                                        in the preceding year; or
                                            ``(bb) $50;
                            ``(ii) the term `industry standards' means 
                        the standards by which a qualified geothermal 
                        professional assesses whether downhole or 
                        flowing temperature measurements with 
                        indications of permeability are sufficient to 
                        produce energy from geothermal resources as 
                        determined through flow or injection testing or 
                        measurement of lost circulation while drilling;
                            ``(iii) the term `qualified Federal lands' 
                        means lands that are otherwise available for 
                        leasing under this Act;
                            ``(iv) the term `qualified geothermal 
                        professional' means an individual who is an 
                        engineer or geoscientist in good professional 
                        standing with at least five years of experience 
                        in geothermal exploration, development, project 
                        assessment, or any combination of the forgoing;
                            ``(v) the term `qualified lessee' means a 
                        person that may hold a geothermal lease under 
                        part 3202.10 of title 43, Code of Federal 
                        Regulations, as in effect on the date of 
                        enactment of the Geothermal Production 
                        Expansion Act; and
                            ``(vi) the term `valid discovery' means a 
                        discovery of a geothermal resource by a new or 
                        existing slim hole or production well, that 
                        exhibits downhole or flowing temperature 
                        measurements with indications of permeability 
                        sufficient to meet industry standards.''.
    (b) Deadline for Regulations.--The Secretary shall issue 
regulations to implement the amendment made by subsection (a), by not 
later than 6 months after the date of the enactment of this Act.
                                                 Union Calendar No. 332

111th CONGRESS

  2d Session

                               H. R. 3534

                      [Report No. 111-575, Part I]

_______________________________________________________________________

                                 A BILL

      To provide greater efficiencies, transparency, returns, and 
  accountability in the administration of Federal mineral and energy 
  resources by consolidating administration of various Federal energy 
minerals management and leasing programs into one entity to be known as 
the Office of Federal Energy and Minerals Leasing of the Department of 
                 the Interior, and for other purposes.

_______________________________________________________________________

                             July 28, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed

                             July 28, 2010

Referred to the Committee on Agriculture for a period ending not later 
 than July 28, 2010, for consideration of such provisions of the bill 
   and amendments as fall within the jurisdiction of that committee 
                    pursuant to clause 1(a), rule X

                             July 28, 2010

 Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
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