‘‘(4) any person or organization in which the of-
ficer or employee has, within the preceding 1-year pe-
riod, 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Act of 2005 (Public Law 109–58) are repealed: 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 in-
centives 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). 
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(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 Plan-
ning Areas offshore Alaska’’. 
SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN RE-
QUIREMENTS. 
Section 30 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356) is amended— 
(1) in subsection (a), by striking ‘‘shall issue reg-
ulations 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 extraor-
dinary 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, manufac-
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turing, transportation, and service sector employing the 
vast talents of America’s workforce to assist in the develop-
ment 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 impor-
tant 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 Leg-
islative branch the National Commission on Outer Conti-
nental 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 evi-
dence developed by all relevant governmental agencies 
regarding the facts and circumstances surrounding 
the incident; 
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(3) to build upon the investigations of other enti-
ties, and avoid unnecessary duplication, by reviewing 
the findings, conclusions, and recommendations of— 
(A) the Committees on Energy and Natural 
Resources and Commerce, Science, and Trans-
portation of the Senate; 
(B) the Committee on Natural Resources 
and the Subcommittee on Oversight and Inves-
tigations 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 ex-
tent of the preparedness of the United States for, and 
immediate response of the United States to, the inci-
dent; and 
(5) to investigate and report to the President 
and Congress findings, conclusions, and recommenda-
tions for corrective measures that may be taken to 
prevent similar incidents. 
(c) COMPOSITION OF COMMISSION.— 
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(1) MEMBERS.—The Commission shall be com-
posed 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 ma-
jority 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 Repub-
lican 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.— 
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(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 Fed-
eral Government or any State or local govern-
ment. 
(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 (particu-
larly oil spill legislation); 
(iv) oil spill insurance policies; 
(v) public administration; 
(vi) oil and gas exploration and pro-
duction; 
(vii) environmental cleanup; and 
(viii) fisheries and wildlife manage-
ment. 
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(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 Com-
mission 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 Commis-
sion shall constitute a quorum. 
(C) VACANCIES.—Any vacancy in the Com-
mission shall not affect the powers of the Com-
mission, 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 Commis-
sion are— 
(A) to conduct an investigation that— 
(i) investigates relevant facts and cir-
cumstances relating to the Deepwater Hori-
zon incident of April 20, 2010, and the as-
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sociated oil spill thereafter, including any 
relevant legislation, Executive order, regula-
tion, plan, policy, practice, or procedure; 
and 
(ii) may include relevant facts and cir-
cumstances relating to— 
(I) permitting agencies; 
(II) environmental and worker 
safety law enforcement agencies; 
(III) national energy require-
ments; 
(IV) 
deepwater 
and 
ultradeepwater oil and gas exploration 
and development; 
(V) regulatory specifications, test-
ing, and requirements for offshore oil 
and gas well explosion prevention; 
(VI) 
regulatory 
specifications, 
testing, and requirements offshore oil 
and gas well casing and cementing reg-
ulation; 
(VII) the role of congressional 
oversight and resource allocation; and 
(VIII) other areas of the public 
and private sectors determined to be 
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relevant to the Deepwater Horizon in-
cident by the Commission; 
(B) to identify, review, and evaluate the les-
sons learned from the Deepwater Horizon inci-
dent of April 20, 2010, regarding the structure, 
coordination, management policies, and proce-
dures of the Federal Government, and, if appro-
priate, State and local governments and non-
governmental entities, and the private sector, rel-
ative 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 rec-
ommendations as the Commission determines to 
be appropriate, including proposals for organiza-
tion, coordination, planning, management ar-
rangements, procedures, rules, and regulations. 
(2) RELATIONSHIP
TO
INQUIRY
BY
CONGRES-
SIONAL COMMITTEES.—In investigating facts and cir-
cumstances relating to energy policy, the Commission 
shall— 
(A) first review the information compiled 
by, and any findings, conclusions, and rec-
ommendations of, the committees identified in 
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subparagraphs (A) and (B) of subsection (b)(3); 
and 
(B) after completion of that review, pursue 
any appropriate area of inquiry, if the Commis-
sion determines that— 
(i) those committees have not inves-
tigated 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 sub-
committee 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, re-
ceive 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, correspond-
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ence, memoranda, papers, documents, tapes, and 
materials; 
as the Commission or such subcommittee or member con-
siders 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 Chair-
person 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 Com-
mission for that purpose. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
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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 return-
able, may issue an order requiring the per-
son to appear at any designated place to 
testify or to produce documentary or other 
evidence. 
(ii) JUDICIAL ACTION FOR NONCOMPLI-
ANCE.—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 major-
ity vote, certify a statement of fact consti-
tuting 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 
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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 se-
cure directly from any Executive department, 
bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality of the 
Federal Government, information, suggestions, 
estimates, and statistics for the purposes of this 
section. 
(B) COOPERATION.—Each Federal depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish in-
formation, suggestions, estimates, and statistics 
directly to the Commission, upon request made 
by the Chairperson, the Chairperson of any sub-
committee created by a majority of the Commis-
sion, or any member designated by a majority of 
the Commission. 
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(C) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall be received, 
handled, stored, and disseminated only by mem-
bers of the Commission and the staff of the Com-
mission in accordance with all applicable laws 
(including regulations and Executive orders). 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other serv-
ices for the performance of the functions of the 
Commission. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in subparagraph (A), departments and agencies 
of the United States may provide to the Commis-
sion 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 prop-
erty, including travel, for the direct advancement of 
the functions of the Commission. 
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100 
(7) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies 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 re-
quired under paragraphs (1) and (2) of sub-
section (j). 
(2) PUBLIC HEARINGS.—Any public hearings of 
the Commission shall be conducted in a manner con-
sistent with the protection of proprietary or sensitive 
information provided to or developed for or by the 
Commission as required by any applicable law (in-
cluding 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 
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101 
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
EMPLOY-
EES.— 
(i) IN
GENERAL.—The staff director 
and any personnel of the Commission who 
are employees shall be considered to be em-
ployees 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.— 
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102 
(A) IN GENERAL.—An employee of the Fed-
eral Government may be detailed to the Commis-
sion 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 INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission 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 em-
ployee of the Federal Government shall be com-
pensated 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 
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103 
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 com-
pensation in addition to the compensation re-
ceived for the services of the member as an officer 
or employee of the Federal Government. 
(2) TRAVEL EXPENSES.—A member of the Com-
mission 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 chap-
ter 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 MEM-
BERS AND STAFF.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
appropriate Federal agencies or departments shall co-
operate with the Commission in expeditiously pro-
viding to the members and staff of the Commission 
appropriate security clearances, to the maximum ex-
tent practicable, pursuant to existing procedures and 
requirements. 
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104 
(2) PROPRIETARY
INFORMATION.—No person 
shall be provided with access to proprietary informa-
tion under this section without the appropriate secu-
rity 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 rec-
ommendations for corrective measures as have been 
agreed to by a majority of members of the Commis-
sion. 
(2) FINAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Com-
mission 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 Com-
mission. 
(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). 
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105 
(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 Com-
mission; and 
(ii) disseminating the final report sub-
mitted under paragraph (2). 
(C) RECONVENING
OF
COMMISSION.—The 
Commission shall stand adjourned until such 
time as the President or the Secretary of Home-
land 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— 
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106 
(A) $10,000,000 for the first fiscal year in 
which the Commission convenes; and 
(B) $3,000,000 for each fiscal year there-
after 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 COM-
MITTEE 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 regula-
tions 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 Conti-
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107 
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). Such regu-
lations shall— 
(1) include benchmarks for oil and gas develop-
ment that will ensure that leaseholders take all appro-
priate 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 Sec-
retary 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 consider-
ations; and 
(4) require submission of diligent development 
plans in an electronic format proscribed by the Sec-
retary, 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 ini-
tiate operations under the lease. 
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(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 es-
tablish and maintain an electronic database that is avail-
able 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 
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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 orga-
nized 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 con-
ducted to assure receipt of fair market value for the lands 
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and resources leased and the rights conveyed by the Federal 
Government.’’. 
(b) COMPETITIVE BIDDING.—Section 17(b) of the Min-
eral Leasing Act (30 U.S.C. 226(b)), is amended by striking 
so much as precedes paragraph (2) and inserting the fol-
lowing: 
‘‘(b)(1)(A) All lands to be leased shall be leased as pro-
vided 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 con-
ducted 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 
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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 begin-
ning 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 sub-
ject 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 Aquat-
ic Resources Act of 2010, all leases issued under this section 
shall be conditioned upon payment by the lessee of a rental 
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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 Fed-
eral 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 pay-
ing 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 strik-
ing 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 non-
competitive leases’’ and inserting ‘‘Leases’’; and 
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(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 com-
petitive’’ and all that follows through the period 
and inserting ‘‘in the same manner as the origi-
nal lease issued pursuant to section 17.’’; 
(B) by striking paragraph (2); and 
(C) in paragraph (3) by striking ‘‘, appli-
cable to leases issued under subsection 17(c) of 
this Act (30 U.S.C. 226(c)) except,’’ and insert-
ing ‘‘, 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: 
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‘‘(4) Upon request of a Committee listed under 
paragraph (2), that Committee may receive notifica-
tions under this subsection in electronic format in ad-
dition to in writing, or in electronic format alone. 
The Committee shall designate to the Secretary the 
appropriate individual or individuals on the Com-
mittee 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 add-
ing at the end the following: ‘‘Upon request of such a Com-
mittee, 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 
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to approve site-specific adjustments to address unique issues 
and circumstances, on a case-by-case basis. All such regula-
tions shall be consistent with the United States trust respon-
sibility 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 ACTIVI-
TIES; APPROVAL OF PLAN OF OPERATIONS; BOND OR SUR-
ETY; FAILURE TO COMPLY WITH RECLAMATION REQUIRE-
MENTS
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 on-
going 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 de-
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scription of all reclamation activity to be con-
ducted for all disturbed areas covered by a lease 
issued under this Act prior to final abandon-
ment. Final Reclamation Plans shall include 
reclamation of all locations, facilities, trenches, 
rights-of-way, roads and any other surface dis-
turbance on lands covered by the lease. 
‘‘(2) IN GENERAL.—The Secretary of the Inte-
rior, or for National Forest lands, the Secretary of 
Agriculture, shall regulate all surface-disturbing ac-
tivities 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
RE-
QUIRED.—No permit to drill on an oil and gas 
lease issued under this Act may be granted with-
out the analysis and approval by the Secretary 
concerned of both an interim reclamation plan 
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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 ac-
tivities on any lease, to ensure the complete and time-
ly 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 assign-
ment of any lease or leases under the terms of this sec-
tion to any person, association, corporation, or any 
subsidiary, affiliate, or person controlled by or under 
common control with such person, association, or cor-
poration, during any period in which, as determined 
by the Secretary of the Interior or Secretary of Agri-
culture, such entity has failed or refused to comply in 
any material respect with the reclamation require-
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118 
ments and other standards established under this sec-
tion for any prior lease to which such requirements 
and standards applied. Prior to making such deter-
mination with respect to any such entity the con-
cerned Secretary shall provide such entity with ade-
quate notification and an opportunity to comply with 
such reclamation requirements and other standards 
and shall consider whether any administrative or ju-
dicial appeal is pending. Once the entity has com-
plied 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 vegeta-
tion and hydrology, habitat restoration, salvage, stor-
age and reuse of topsoils, erosion control, control of 
invasive species and noxious weeds and natural 
contouring. 
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‘‘(6) MONITORING.—The Secretary concerned 
shall not approve final abandonment and shall not 
release any bond required by this Act until the stand-
ards and requirement for final reclamation estab-
lished 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 re-
garding the effects of management activities, or other 
factors, on the diversity of ecological systems to which 
they belong, and to validate the monitoring of habi-
tats and ecological conditions. 
(3) NATIVE SPECIES.—The term ‘‘native species’’ 
means species of plants and animals indigenous to a 
planning area. 
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(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 re-
spect to land under such Secretary’s jurisdiction; 
and 
(B) the Secretary of Agriculture, with re-
spect to land under such Secretary’s jurisdiction. 
(6) SUSTAINABLE POPULATION.—The term ‘‘sus-
tainable population’’ means a population of a species 
that has a high likelihood of persisting well distrib-
uted throughout its range within a planning area 
based on the best available scientific information, in-
cluding information obtained through the monitoring 
program under subsection (c), regarding its habitat 
and ecological conditions, abundance and distribu-
tion. 
(b) PLANNING FOR AND MANAGEMENT OF SUSTAIN-
ABLE POPULATIONS.— 
(1) MANAGEMENT DIRECTION.—Each Secretary, 
in cooperation with the appropriate State fish and 
wildlife agency, shall plan for and manage planning 
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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 Manage-
ment 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 popu-
lation of a species extends across more than one plan-
ning area, each Secretary shall coordinate the man-
agement 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 popu-
lation of a native species or desired nonnative species 
within a planning area, or, under the circumstances 
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identified in paragraph (2), within two or more plan-
ning areas, such Secretary shall— 
(A) manage lands within the planning area 
or areas in order to achieve, to the maximum ex-
tent possible, the survival and health of that pop-
ulation; 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 ac-
tions implementing or authorized under such plans 
comply with this section. 
(c) MONITORING AND EVALUATION.— 
(1) ESTABLISHMENT
OF
MONITORING
PRO-
GRAMS.—To provide a basis for determining the sus-
tainability 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 iden-
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tified 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 para-
graph (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 sup-
port focal species; and 
(B) population surveys of focal species iden-
tified in the monitoring program to establish 
that monitoring of habitats and ecological condi-
tions is providing accurate information regard-
ing the status and trends of species’ populations 
in the planning area. 
(3) CONSULTATION
AND
COOPERATION
WITH 
STATES.—Each Secretary shall develop and imple-
ment, to the maximum extent practicable, the moni-
toring program established under this section, includ-
ing the selection of native species and desired non-
native species, focal species, habitat, and ecological 
conditions to be monitored and methodologies for con-
ducting such monitoring, in consultation with the 
United States Fish and Wildlife Service, State fish 
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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 rel-
evant entities. 
(d) COORDINATION.— 
(1) MANAGEMENT COORDINATION.—To the max-
imum extent practicable and consistent with applica-
ble law, each Secretary shall coordinate the manage-
ment 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 responsi-
bility for management of natural resources, tribes, 
local governments, and nongovernmental organiza-
tions 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; 
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(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 ACTIVI-
TIES.—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 manage-
ment 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- 
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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 fol-
lowing the date of enactment of this Act, each Sec-
retary shall issue regulations implementing all provi-
sions 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 promul-
gate regulations to specify guidelines for land man-
agement plans for the National Forest System which 
provide for diversity of plant and animal commu-
nities 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— 
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(1) affect the authority, jurisdiction, or responsi-
bility 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 Sec-
retary may exercise authority granted to him or her 
under other laws. 
SEC. 239. ONLINE AVAILABILITY TO THE PUBLIC OF INFOR-
MATION RELATING TO OIL AND GAS CHEM-
ICAL USE. 
(a) IN GENERAL.—An operator authorized to explore 
for, develop, or produce oil and gas under any Federal min-
eral 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 sec-
tion does not authorize the Director of the Bureau of Safety 
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128 
and Environmental Enforcement to require the public dis-
closure 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 RE-
QUIREMENT.—Effective upon the date of enactment of 
the Consolidated Land, Energy, and Aquatic Re-
sources Act of 2010, all Federal lands are hereby per-
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manently 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 pre-
pared 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 dis-
cretion, upon the request of any qualified appli-
cant or on the Secretary’s own motion, from 
time to time, offer such lands for uranium leas-
ing and award uranium leases thereon by com-
petitive 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 
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130 
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 ura-
nium subject to the lease, the Secretary shall give op-
portunity 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 com-
ments 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 Fed-
eral 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.—Be-
fore issuing any uranium lease, the Secretary shall consider 
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131 
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 con-
secutive weeks in a newspaper of general circulation in the 
county in which the lands are situated, or in electronic for-
mat, in accordance with regulations prescribed by the Sec-
retary. 
‘‘(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 produc-
tion removed or sold under the lease; and 
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132 
‘‘(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 Sec-
retary, subject to the availability of appropriations, 
to the Attorney General for use by the Attorney Gen-
eral to pay claims filed under the Radiation Expo-
sure 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 
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133 
‘‘(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 explo-
ration 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 ex-
ploration licenses shall not preclude the Secretary 
from issuing uranium leases at such times and loca-
tions and to such persons as the Secretary deems ap-
propriate. 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 ex-
ploration in each State. An application for an explo-
ration license shall identify general areas and prob-
able methods of exploration. Each exploration license 
shall be limited to specific geographic areas in each 
State as determined by the Secretary, and shall con-
tain such reasonable conditions as the Secretary may 
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134 
require, including conditions to ensure the protection 
of the environment, and shall be subject to all appli-
cable 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 Sec-
retary’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 fur-
nish to the Secretary copies of all data (including ge-
ological, geophysical, and core drilling analyses) ob-
tained during such exploration. The Secretary shall 
maintain the confidentiality of all data so obtained 
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135 
until after the areas involved have been leased or 
until such time as the Secretary determines that mak-
ing 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 sub-
section 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 re-
spect 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 Consoli-
dated Land, Energy, and Aquatic Resources Act of 
2010 may, within two years after such date, apply to 
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136 
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 satis-
faction 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 con-
version 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 ura-
nium produced under the lease, until beginning ten 
years after the date the claim is converted to a lease. 
‘‘(2) OTHER CLAIMS EXTINGUISHED.—All min-
ing 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.’’. 
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137 
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 TRANS-
FER 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 les-
see, to modify the payment responsibilities of the per-
son 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— 
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138 
(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 trans-
ferred 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 para-
graph (1), if there are multiple lessees that own 
a share of a covered lease, the Secretary may im-
plement 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 de-
scribed 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)). 
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139 
(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 en-
tered 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 in-
clude 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 re-
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140 
lief 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 Conti-
nental 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 Inte-
rior 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 re-
lief 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 
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141 
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 provi-
sions 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 Manage-
ment Act of 1982 (30 U.S.C. 1702) is amended— 
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142 
(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 Feb-
ruary 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 en-
acted that are amendatory of or supplementary to 
any of the foregoing Acts;’’; 
(2) in paragraph (20)(A), by striking ‘‘: Pro-
vided, 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 des-
ignee)’’; 
(4) in paragraph (23)(A), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(5) by striking paragraph (24) and inserting the 
following: 
‘‘(24) ‘designee’ means a person who pays, off-
sets, 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)— 
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143 
(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 ad-
ministered 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 ac-
counts to compare one or all elements of the royalty 
equation (volume, value, royalty rate, and allow-
ances) against anticipated elements of the royalty 
equation to test for variances; and 
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144 
‘‘(35) ‘marketing affiliate’ means an affiliate of 
a lessee whose function is to acquire the lessee’s pro-
duction and to market that production.’’. 
SEC. 302. COMPLIANCE REVIEWS. 
Section 101 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1711) is amended by add-
ing 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 com-
pliance review shall be immediately referred to a program 
auditor. The Secretary shall, before completion of a compli-
ance review, provide notice of the review to designees whose 
obligations are the subject of the review.’’. 
SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAY-
MENTS. 
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 
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145 
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 ad-
justments, 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 provi-
sion 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 own-
ing 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 Man-
agement 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, 
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146 
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 Sec-
retary or any authorized designee of the Secretary to 
accomplish lease management responsibilities,’’; 
(5) in subsection (d), by striking ‘‘$25,000’’ and 
inserting ‘‘$50,000’’; 
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147 
(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 des-
ignee of the Secretary that a person has committed a viola-
tion under subsection (a), (c), or (d)(1) shall toll any appli-
cable 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 na-
ture 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 des-
ignee of the Secretary to have violated subsection (a), (c), 
or (d)(1) shall maintain all records with respect to the per-
son’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).’’. 
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SEC. 306. INTEREST ON OVERPAYMENTS. 
Section 111 of the Federal Oil and Gas Royalty Man-
agement 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 fol-
lowing 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 des-
ignee provided such adjustment, recoupment, or reinstate-
ment 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)— 
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(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 Man-
agement 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 fol-
lowing: 
‘‘(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 
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(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 Man-
agement 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 adjust-
ment under section 111A(a) in which a recoupment 
by the lessee results in an underpayment of an obliga-
tion, 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 
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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 ap-
pears and inserting ‘‘48’’. 
SEC. 312. ASSESSMENTS. 
Section 116 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1724) is repealed. 
SEC. 
313. 
COLLECTION 
AND 
PRODUCTION 
ACCOUNT-
ABILITY. 
(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 qual-
ity data produced under Federal leases on the Outer Conti-
nental Shelf in order to improve the production verification 
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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 en-
sure 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 on-
shore and offshore BTU information from gas pro-
ducers; 
(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 
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(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 regula-
tions 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 cor-
rect 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 be-
fore the date of enactment of this Act. 
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SEC. 316. REQUIRED RECORDKEEPING. 
Within 1 year after the date of enactment of this Act, 
the Secretary shall publish final regulations concerning re-
quired recordkeeping of natural gas measurement data as 
set forth in part 250.1203 of title 30, Code of Federal Regu-
lations (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 re-
quirements of that rule, under the authority provided in 
section 103 of the Federal Oil and Gas Royalty Manage-
ment Act of 1982 (30 U.S.C. 1713). 
SEC. 317. SHARED CIVIL PENALTIES. 
Section 206 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1736) is amended by strik-
ing ‘‘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 Man-
agement Act of 1982 (30 U.S.C. 1753) is amended by add-
ing 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 regula-
tions duly promulgated with respect thereto shall 
apply to any lease authorizing the development of 
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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 con-
ditions 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 regula-
tions 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 there-
under)— 
‘‘(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 au-
thorized by an Act of Congress to be produced from 
public lands (as that term is defined in section 103 
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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 pre-
scribing 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 consider-
ation to requiring 100 percent entitlement reporting and 
paying based upon the lease ownership. 
TITLE IV—FULL FUNDING FOR 
THE LAND AND WATER CON-
SERVATION 
AND 
HISTORIC 
PRESERVATION FUNDS 
Subtitle A—Land and Water 
Conservation Fund 
SEC. 401. AMENDMENTS TO THE LAND AND WATER CON-
SERVATION 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 provi-
sion, the reference shall be considered to be made to a section 
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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 CONSERVA-
TION 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 cov-
ered into the fund, $900,000,000 shall be available each fis-
cal year for expenditure for the purposes of this Act without 
further appropriation. Moneys made available for obliga-
tion or expenditure from the fund or from the special ac-
count 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 Preser-
vation Act (16 U.S.C. 470h) is amended to read as follows: 
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‘‘To carry out the provisions of this Act, there is hereby 
established the Historic Preservation Fund (hereinafter re-
ferred 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 provi-
sion of law that such proceeds shall be credited to miscella-
neous receipts of the Treasury. Such moneys shall be used 
only to carry out the purposes of this Act and shall be avail-
able for expenditure without further appropriation.’’. 
TITLE V—ALTERNATIVE ENERGY 
DEVELOPMENT 
SEC. 501. COMMERCIAL WIND AND SOLAR LEASING PRO-
GRAM. 
(a) IN GENERAL.—Pursuant to the Federal Land Pol-
icy 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 Di-
rector 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 Fed-
eral lands under the administrative jurisdiction of the Bu-
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reau 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 com-
mercial 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 fol-
lowing consultation with affected governors and other stake-
holders, the Secretary may conduct lease sales under the reg-
ulations 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 jurisdic-
tion 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 com-
mercial sale of electric power. 
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(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 commer-
cial 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 com-
petitive interest. 
(2) PREFERENCE.—In any competitive lease sale 
for lands subject to a lease awarded under this sub-
section, the Secretary may give a preference to the 
holder of the lease under this subsection. 
(f) TRANSITION TO COMMERCIAL LEASING.—The Sec-
retary of the Interior, for lands under the jurisdiction of 
the Bureau of Land Management, and the Secretary of Ag-
riculture, 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— 
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(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 be-
fore 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 car-
ried 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 abil-
ity to achieve project commitments and completion, and for 
a demonstrated understanding of the technology to be de-
ployed 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; 
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(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 Bu-
reau of Energy and Resource Management, to as-
sure 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 Re-
source Management and affected Federal land 
manager consider necessary to protect the inter-
ests of the public and the United States; and 
(3) establish best management practices and re-
quire renewable energy operators to comply with those 
practices to ensure the sound, efficient, and environ-
mentally 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 
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from such development and to areas proposed for wil-
derness 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 en-
ergy 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 IM-
PACTED 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 Ag-
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164 
riculture and Energy, and the Administrator of the Envi-
ronmental Protection Agency. 
SEC. 504. RECORDKEEPING AND REPORTING REQUIRE-
MENTS. 
(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 com-
putation, shall establish and maintain any records, make 
any reports, and provide any information that the Sec-
retary may reasonably require for the purposes of imple-
menting 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 sec-
tion, 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 
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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 re-
lease of financial assurance unless the Secretary notifies the 
operator that the Secretary has initiated an audit or inves-
tigation 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 main-
tained until the Secretary releases the operator of the obli-
gation 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 cov-
ered 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 Sec-
retary shall, at reasonable times and upon request, have ac-
cess to, and may copy, all books, papers and other docu-
ments that relate to compliance with any provision of this 
section by any person. 
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SEC. 506. TRADE SECRETS. 
Trade secrets, proprietary information, and other con-
fidential information protected from disclosure under sec-
tion 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 re-
sources leases or permits under which royalty payments are 
not received by the Secretary on the date that such pay-
ments are due, the Secretary shall charge interest on such 
under payments at the same interest rate as the rate appli-
cable 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 roy-
alty owed on production from a lease or permit for any 
production month by any person liable for royalty pay-
ments under this title, the Secretary shall assess a penalty 
of not greater than 25 percent of the amount of that under-
reporting. 
(c) UNDERREPORTING DEFINED.—For the purposes of 
this section, the term ‘‘underreporting’’ means the difference 
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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 re-
ported. 
(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 under-
reporting 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 roy-
alty 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 re-
ported; 
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(B) such person had substantial authority 
for reporting royalty on the value of the produc-
tion 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 af-
fecting the royalty treatment of specific produc-
tion 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 joint-
ly and severally liable for royalty on renewable energy re-
sources 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, regula-
tion, or order issued under this section. 
(f) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments 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 Man-
agement Act of 1982 (30 U.S.C. 1719) to the same extent 
as if the failure to comply occurred under that Act. 
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(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 Fed-
eral agency to issue right-of-way grants for electric trans-
mission facilities. 
TITLE VI—COORDINATION AND 
PLANNING 
SEC. 601. REGIONAL COORDINATION. 
(a) IN GENERAL.—The purpose of this title is to pro-
mote— 
(1) better coordination, communication, and col-
laboration between Federal agencies with authorities 
for ocean, coastal, and Great Lakes management; and 
(2) coordinated and collaborative regional plan-
ning efforts using the best available science, and to 
ensure the protection and maintenance of marine eco-
system health, in decisions affecting the sustainable 
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development and use of Federal renewable and non-
renewable resources on, in, or above the ocean (includ-
ing 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 re-
gional efforts shall achieve the following objectives: 
(1) Greater systematic communication and co-
ordination 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 reli-
ance on a multiobjective, science- and ecosystem- 
based, spatially explicit management approach that 
integrates regional economic, ecological, affected trib-
al, 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 need-
ed by the Regional Coordination Councils established 
under section 602. 
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(c) REGIONS.—There are hereby designated the fol-
lowing 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 Mex-
ico 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 At-
lantic Coordination Region, which shall consist of the 
coastal waters and Exclusive Economic Zone adjacent 
to the States of Maine, New Hampshire, Massachu-
setts, Rhode Island, and Connecticut 
(4) MID ATLANTIC REGION.—The Mid Atlantic 
Coordination Region, which shall consist of the coast-
al 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 At-
lantic Coordination Region, which shall consist of the 
coastal waters and Exclusive Economic Zone adjacent 
to the States of North Carolina, South Carolina, 
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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 Is-
lands 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 Coordi-
nation Region, which shall consist of the coastal wa-
ters 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 En-
vironmental Quality, in consultation with the affected 
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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 au-
thorities related to the development of ocean, coastal, 
or Great Lakes policies or engages in planning, man-
agement, or scientific activities that significantly af-
fect or inform the use of ocean, coastal, or Great 
Lakes resources. The Chairman of the Council on En-
vironmental 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 en-
actment of this Act, inform the Chairman of the 
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Council on Environmental Quality whether or 
not the State intends to participate in the Re-
gional Coordination Council for the Region. 
(B) APPOINTMENT OF RESPONSIBLE STATE 
OFFICIAL.—If a coastal State intends to partici-
pate 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 re-
source 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 REPRESEN-
TATION.—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 appoint-
ments. 
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(5) TRIBAL REPRESENTATION.—An appropriate 
tribal official selected by affected Indian tribes situ-
ated 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 con-
sultation with the Governors of the coastal States 
within each Coordination Region, identify and ap-
point 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 Coordina-
tion Council shall establish an advisory committee made 
up of a balanced representation from the energy, shipping, 
and transportation, marine tourism, and recreation indus-
tries, from marine environmental nongovernmental organi-
zations, 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 
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complement current State, multistate, and regional capac-
ity and governance and institutional mechanisms to man-
age and protect ocean waters, coastal waters, and ocean re-
sources. 
SEC. 603. REGIONAL STRATEGIC PLANS. 
(a) INITIAL REGIONAL ASSESSMENT.— 
(1) IN GENERAL.—Each Regional Coordination 
Council, shall, within one year after the date of enact-
ment of this Act, prepare an initial assessment of its 
Coordination Region that shall identify deficiencies 
in data and information necessary to informed deci-
sionmaking. Each initial assessment shall to the ex-
tent feasible— 
(A) identify the Coordination Region’s re-
newable and non renewable resources, including 
current and potential energy resources; 
(B) identify and include a spatially and 
temporally explicit inventory of existing and po-
tential uses of the Coordination Region, includ-
ing fishing and fish habitat, tourism, recreation, 
and energy development; 
(C) document the health and relative envi-
ronmental sensitivity of the marine ecosystem 
within the Coordination Region, including a 
comprehensive survey and status assessment of 
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species, habitats, and indicators of ecosystem 
health; 
(D) identify marine habitat types and im-
portant ecological areas within the Coordination 
Region; 
(E) assess the Coordination Region’s ma-
rine economy and cultural attributes and include 
regionally-specific ecological and socio-economic 
baseline data; 
(F) identify and prioritize additional sci-
entific 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 pro-
vide such data to the interagency comprehensive 
digital mapping initiative as described in sec-
tion 2 of Public Law 109–58 (42 U.S.C. 15801); 
and 
(C) make publicly available any such data 
that is not classified information. 
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(3) PUBLIC PARTICIPATION.—Each Regional Co-
ordination Council shall provide adequate oppor-
tunity 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 Coordina-
tion Council shall, within 3 years after the comple-
tion of the initial regional assessment, prepare and 
submit to the Chairman of the Council on Environ-
mental Quality a multiobjective, science- and eco-
system-based, spatially explicit, integrated Strategic 
Plan in accordance with this subsection for the Coun-
cil’s Coordination Region. 
(2) MANAGEMENT OBJECTIVE.—The management 
objective of the Strategic Plans under this subsection 
shall be to foster comprehensive, integrated, and sus-
tainable development and use of ocean, coastal, and 
Great Lakes resources, while protecting marine eco-
system 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— 
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(H) identify additional research, informa-
tion, and data needed to carry out the Strategic 
Plan; 
(I) identify performance measures and 
benchmarks for purposes of fulfilling the respon-
sibilities 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 Co-
ordination Council shall provide adequate opportuni-
ties for review and input by stakeholders and the gen-
eral public during the development of the Strategic 
Plan and any Strategic Plan revisions. 
(c) UPDATED REGIONAL ASSESSMENTS.—Each Re-
gional Coordination Council shall update the initial re-
gional assessment prepared under subsection (a) in coordi-
nation with each Strategic Plan revision under subsection 
(e), to provide more detailed information regarding the re-
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quired elements of the assessment and to include any rel-
evant new information that has become available in the in-
terim. 
(d) REVIEW AND APPROVAL.— 
(1) COMMENCEMENT
OF
REVIEW.—Within 10 
days after receipt of a Strategic Plan under this sec-
tion, 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.—Imme-
diately after receipt of such a Strategic Plan or revi-
sion, 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 pe-
riod beginning on the date of such publication. 
(3) REQUIREMENTS FOR APPROVAL.—Before ap-
proving a Strategic Plan, or any revision to a Stra-
tegic Plan, the Chairman of the Council on Environ-
mental Quality must find that the Strategic Plan or 
revision— 
(A) is consistent with the Outer Continental 
Shelf Lands Act; 
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(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 revi-
sion to a Strategic Plan, the Chairman of the Council 
of Environmental Quality shall approve or dis-
approve the Strategic Plan or revision. If the Chair-
man disapproves the Strategic Plan or revision, the 
Chairman shall transmit to the Regional Coordina-
tion Council that submitted the Strategic Plan or re-
vision, an identification of the deficiencies and rec-
ommendations to improve it. The Council shall sub-
mit 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 re-
viewed and revised by the relevant Regional Coordination 
Council at least once every 5 years. Such review and revi-
sion 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 Envi-
ronmental Quality for review and approval pursuant to 
this section. 
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183 
SEC. 604. REGULATIONS. 
The Chairman of the Council on Environmental Qual-
ity may issue such regulations as the Chairman considers 
necessary to ensure proper administration of this title. 
SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSIST-
ANCE 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 depos-
ited 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); 
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(ii) 20 percent shall be allocated to the 
Secretary to carry out the purposes of sub-
section (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 account-
ability, 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 pro-
portional to any specific coastal and ocean man-
agement authority granted to an affected tribe 
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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, non-
government, 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 ap-
proved by the Secretary. 
(B) PUBLIC INPUT AND COMMENT.—In de-
termining 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 pub-
lic. 
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(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 PRO-
GRAM.— 
(1) ESTABLISHMENT.—The Secretary shall use 
amounts allocated under subsection (a)(3)(A)(I)(II) to 
make competitive grants for conservation and man-
agement of ocean, coastal, and Great Lakes ecosystems 
and marine resources. 
(2) OCEAN, COASTAL, AND GREAT LAKES REVIEW 
PANEL.— 
(A) IN GENERAL.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes Re-
view Panel (in this subsection referred to as the 
‘‘Panel’’), which shall consist of 12 members ap-
pointed by the Secretary with expertise in the 
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conservation and management of ocean, coastal, 
and Great Lakes ecosystems and marine re-
sources. 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 pro-
cedures and criteria established under para-
graph (3), grant applications under this 
subsection; 
(ii) make recommendations to the Sec-
retary regarding which grant applications 
should be funded and the amount of each 
grant; and 
(iii) establish any specific require-
ments, conditions, or limitations on a grant 
application recommended for funding. 
(3) PROCEDURES
AND
ELIGIBILITY
CRITERIA 
FOR GRANTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish— 
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(i) procedures for applying for a grant 
under this subsection and criteria for evalu-
ating applications for such grants; and 
(ii) criteria, in consultation with the 
Panel, to determine what persons are eligi-
ble 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 aca-
demic 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 dis-
approval in writing. 
(5) USE OF GRANT FUNDS.—Any amounts pro-
vided 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. 
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(2) ELIGIBILITY.—In order to be eligible to re-
ceive a grant, a Regional Ocean Partnership must 
prepare and annually revise a plan that— 
(A) identifies regional science and informa-
tion needs, regional goals and priorities, and 
mechanisms for facilitating coordinated and col-
laborative responses to regional issues; 
(B) establishes a process for coordinating 
and collaborating with the Regional Coordina-
tion 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 car-
ried 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 deter-
mining whether to approve such plans, the Secretary 
shall provide opportunity for, and take into consider-
ation, input and comment on the plans from stake-
holders 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). 
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(e) LONG-TERM
OCEAN
AND
COASTAL
OBSERVA-
TIONS.— 
(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 sub-
section 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 avail-
able 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, includ-
ing— 
(1) activities to conserve, protect, maintain, and 
restore coastal, marine, and Great Lakes ecosystem 
health; 
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(2) activities to protect marine biodiversity and 
living marine and coastal resources and their habi-
tats, including fish populations; 
(3) the development and implementation of 
multiobjective, science- and ecosystem-based plans for 
monitoring and managing the wide variety of uses af-
fecting 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 eco-
systems to become more resilient, and to adapt to and 
withstand the impacts of climate change and ocean 
acidification; 
(6) planning for and managing coastal develop-
ment to minimize the loss of life and property associ-
ated with sea level rise and the coastal hazards result-
ing from it; 
(7) research, assessment, monitoring, and dis-
semination 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 
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(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 Assist-
ance 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 es-
tablished under section 602. 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROY-
ALTY RELIEF FOR THE OIL AND GAS INDUS-
TRY. 
(a) PROVISIONS RELATING TO PLANNING AREAS OFF-
SHORE ALASKA.—Section 8(a)(3)(B) of the Outer Conti-
nental 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 RE-
SERVE IN ALASKA.—Section 107 of the Naval Petroleum 
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Reserves Production Act of 1976 (as transferred, redesig-
nated, 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 regu-
lations 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 sub-
ject 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 regula-
tions 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. 
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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 con-
duct of offshore aquaculture, including the siting or oper-
ation of offshore aquaculture facilities, under the Magnu-
son-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 ‘‘off-
shore aquaculture’’ means all activities related to— 
(A) the placement of any installation, facil-
ity, or structure in the exclusive economic zone 
for the purposes of propagation or rearing, or at-
tempting to propagate or rear, any species; or 
(B) the operation of offshore aquaculture fa-
cilities in the exclusive economic zone involved in 
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the propagation or rearing, or attempted propa-
gation or rearing, of species. 
(2) OFFSHORE
AQUACULTURE
FACILITY.—The 
term ‘‘offshore aquaculture facility’’ means— 
(A) a structure, installation, or other com-
plex used, in whole or in part, for offshore aqua-
culture; or 
(B) an area of the seabed or the subsoil used 
for offshore aquaculture. 
SEC. 705. OUTER CONTINENTAL SHELF STATE BOUND-
ARIES. 
(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 determina-
tion 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 pro-
jected 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 publi-
cation of projected boundaries under subsection (a) shall not 
be construed to alter, limit, or modify the jurisdiction, con-
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trol, 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 Ad-
ministration 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, REF-
UGE 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 cal-
culated in the manner described under 
section1005 of the Oil Pollution Act of 1990 
(33 U.S.C. 2705). 
‘‘(B) LIABILITY IN REM.—Any instrumen-
tality, including a vessel, vehicle, aircraft, or 
other equipment, that destroys, causes the loss of, 
or injures any refuge resource shall be liable in 
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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 pre-
vent or minimize the destruction or loss of, or injury 
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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 instrumen-
tality 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 per-
son may be liable for such costs or damages. 
‘‘(B) JURISDICTION
AND
VENUE.—An ac-
tion 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 instrumen-
tality; or 
‘‘(iii) the destruction of, loss of, or in-
jury to a refuge resource occurred. 
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‘‘(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, Compensa-
tion, 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 appro-
priate— 
‘‘(i) to reimburse the Secretary or any 
other Federal or State agency that con-
ducted 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; 
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‘‘(ii) to restore degraded refuge re-
sources of the refuge that was the subject of 
the action, giving priority to refuge re-
sources that are comparable to the refuge re-
sources that were the subject of the action; 
and 
‘‘(iii) to restore degraded refuge re-
sources of other refuges. 
‘‘(5) DEFINITIONS.—In this subsection, the 
term— 
‘‘(A) ‘damages’ includes— 
‘‘(i) compensation for— 
‘‘(I)(aa) the cost of replacing, re-
storing, 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 as-
sessments; 
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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 RE-
SPONSE 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 so-
cial 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 nat-
ural resource of the coastal zone; and 
‘‘(2) to review and revise where necessary appli-
cable enforceable policies within approved state man-
agement 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 
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‘‘(B) new policies and procedures developed 
under paragraph (1); and 
‘‘(3) after a State has adopted new or revised en-
forceable 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 proce-
dures 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 es-
sential to facilitate spill or accident response activi-
ties; 
‘‘(3) identification of coordination, logistics and 
communication networks between Federal and State 
government agencies, and between State agencies and 
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affected local communities, to ensure the efficient and 
timely dissemination of data and other information; 
‘‘(4) inventories of shore locations and infra-
structure and equipment necessary to respond to oil 
spills or other accidents resulting from Outer Conti-
nental Shelf energy activities; 
‘‘(5) identification and characterization of sig-
nificant or sensitive marine ecosystems or other areas 
possessing important conservation, recreational, eco-
logical, 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 nec-
essary. 
‘‘(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 en-
forceable policies and procedures under this section pursu-
ant to sections 306(d)(1) and 306(e), especially by relevant 
Federal agencies, other coastal state agencies, local govern-
ments, regional organizations, port authorities, and other 
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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
RE-
QUIRED.—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 sec-
tion. 
‘‘(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 
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the Secretary finds that the coastal state is satisfac-
torily 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 Sec-
retary 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 Conti-
nental Shelf under the administration of the Federal Gov-
ernment. 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 prac-
ticable, shall make available to coastal states the resources 
and capabilities of the National Oceanic and Atmospheric 
Administration to provide technical assistance to the coast-
al states to prepare revisions to approved management pro-
grams 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 fol-
lowing: 
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‘‘(4) AVAILABILITY
OF
DATA
AND
INFORMA-
TION.—All heads of departments and agencies of the 
Federal Government shall, upon request of the Sec-
retary, provide to the Secretary all data and informa-
tion that the Secretary deems necessary for the pur-
pose 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 strik-
ing ‘‘In addition to other amounts that are made 
available to carry out this section, there’’ and insert-
ing ‘‘There’’. 
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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 REQUIRE-
MENTS. 
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 leas-
ing, 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 ac-
tion 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 regard-
ing permit applications or other approvals from any Fed-
eral official, including the Secretary of the Interior or the 
Secretary of Commerce, for any State or local government 
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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 ap-
proved 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 Fed-
eral, State, and local restoration programs and projects to 
maximize efforts in restoring biological integrity, produc-
tivity 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 Restora-
tion 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 
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States and the heads of appropriate Federal agencies 
selected by the President. The chairperson of the Res-
toration 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 experi-
ence 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 Presi-
dent. 
(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 Restora-
tion 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— 
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(A) identify processes and strategies for co-
ordinating Federal, State, and local restoration 
programs and projects to maximize efforts in re-
storing biological integrity, productivity and eco-
system functions in the Gulf of Mexico region; 
(B) identify mechanisms for scientific re-
view and input to evaluate the benefits and long- 
term effectiveness of restoration programs and 
projects; 
(C) identify, using the best science avail-
able, strategies for implementing restoration pro-
grams and projects for natural resources includ-
ing— 
(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 improv-
ing migratory pathways for wildlife; 
(iii) research that directly supports 
restoration programs and projects; 
(iv) restoring the biological produc-
tivity and ecosystem function in the Gulf of 
Mexico region; and 
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218 
‘‘(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 ap-
plication 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 measure-
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