240 
SEC. 803. LEASING ON INDIAN LANDS. 
Nothing in this Act modifies, amends, or affects leas-
ing on Indian lands as currently carried out by the Bureau 
of Indian Affairs. 
SEC. 804. 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 deter-
mination under section 4(a)(2) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries 
of coastal States projected seaward to the outer margin 
of the Outer Continental Shelf. 
(b) NOTICE
AND COMMENT.—In determining the 
projected boundaries specified in subsection (a), the Sec-
retary shall comply with the notice and comment require-
ments 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, 
control, or any other authority of the United States over 
the Outer Continental Shelf.
241 
SEC. 805. 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, 
REFUGE RESOURCES.— 
‘‘(1) LIABILITY.— 
‘‘(A) LIABILITY TO UNITED STATES.—Any 
person who destroys, causes the loss of, or in-
jures 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 destruc-
tion, loss, or injury; and 
‘‘(ii) interest on that amount cal-
culated in the manner described under sec-
tion 1005 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 rem to the United States for response costs 
and damages resulting from such destruction,
242 
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 in-
jury 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 li-
ability 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 
to, refuge resources, or to minimize the imminent 
risk of such destruction, loss, or injury.
243 
‘‘(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 
person 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 ac-
tion against a person; 
‘‘(ii) the instrumentality is located, in 
the case of an action against an instru-
mentality; or 
‘‘(iii) the destruction of, loss of, or in-
jury to a refuge resource occurred. 
‘‘(4) USE OF RECOVERED AMOUNTS.—Response 
costs and damages recovered by the Secretary under
244 
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 recov-
ered by the United States for costs of response 
actions and damage assessments under this 
subsection shall be used, as the Secretary con-
siders appropriate— 
‘‘(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 re-
sources;
245 
‘‘(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 
resources that were the subject of the ac-
tion; 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 restora-
tion or replacement or the acquisition 
of an equivalent refuge resource; or 
‘‘(II) the value of a refuge re-
source if the refuge resource cannot 
be restored or replaced or if the equiv-
alent of such resource cannot be ac-
quired;
246 
‘‘(ii) the cost of conducting damage 
assessments; 
‘‘(iii) the reasonable cost of moni-
toring appropriate to the injured, restored, 
or replaced refuge resource; and 
‘‘(iv) the cost of enforcement actions 
undertaken by the Secretary in response to 
the destruction or loss of, or injury to, a 
refuge resource; 
‘‘(B) ‘response costs’ means the costs of 
actions taken or authorized by the Secretary to 
minimize destruction or loss of, or injury to, 
refuge resources, or to minimize the imminent 
risks of such destruction, loss, or injury, includ-
ing costs related to seizure, forfeiture, storage, 
or disposal arising from liability, or to monitor 
ongoing effects of incidents causing such de-
struction, loss, or injury under this subsection; 
and 
‘‘(C) ‘refuge resource’ means any living or 
nonliving resource of a refuge that contributes 
to the conservation, management, and restora-
tion mission of the System, including living or 
nonliving resources of a marine national monu-
247 
ment that may be managed as a unit of the 
System.’’. 
SEC. 806. 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 
management programs affecting coastal energy ac-
tivities and energy to ensure that these policies are 
consistent with—
248 
‘‘(A) other emergency response plans and 
policies developed under Federal or State law; 
and 
‘‘(B) new policies and procedures developed 
under paragraph (1); and 
‘‘(3) after a State has adopted new or revised 
enforceable policies and procedures under para-
graphs (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 pro-
cedures 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;
249 
‘‘(3) identification of coordination, logistics and 
communication networks between Federal and State 
government agencies, and between State agencies 
and affected local communities, to ensure the effi-
cient and timely dissemination of data and other in-
formation; 
‘‘(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, 
rec-
reational, ecological, historic, or aesthetic values; 
‘‘(6) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; and 
‘‘(7) other information or actions as may be 
necessary. 
‘‘(c) GUIDELINES.—The Secretary shall, within 180 
days after the date of enactment of this section and after 
consultation with the coastal states, publish guidelines for 
the application for and use of grants under this section. 
‘‘(d) PARTICIPATION.—A coastal state shall provide 
opportunity for public participation in developing new en-
250 
forceable policies and procedures under this section pursu-
ant to sections 306(d)(1) and 306(e), especially by rel-
evant Federal agencies, other coastal state agencies, local 
governments, regional organizations, port authorities, and 
other interested parties and stakeholders, public and pri-
vate, 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 sec-
tion. 
‘‘(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
251 
portion of the cost of a grant awarded under this 
section. 
‘‘(4) SECRETARIAL
REVIEW
AND
LIMIT
ON 
AWARDS.—After an initial grant is made to a coastal 
state under this section, no subsequent grant may be 
made to that coastal state under this section unless 
the Secretary finds that the coastal state is 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 sec-
tion shall only apply if appropriations are provided to the 
Secretary to make grants under this section. This section 
shall not be construed to convey any new authority to any 
coastal state, or repeal or supersede any existing authority 
of any coastal state, to regulate the siting, licensing, leas-
ing, or permitting of energy facilities in areas of the Outer 
Continental Shelf under the administration of the Federal 
Government. Nothing in this section repeals or supersedes 
any existing coastal state authority. 
‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec-
retary as authorized under section 310(a) and to the ex-
tent practicable, shall make available to coastal states the 
resources and capabilities of the National Oceanic and At-
mospheric Administration to provide technical assistance
252 
to the coastal states to prepare revisions to approved man-
agement programs to meet the requirements under this 
section.’’. 
SEC. 807. INFORMATION SHARING. 
Section 388(b) of the Energy Policy Act of 2005 (43 
U.S.C. 1337 note) is amended by adding at the end the 
following: 
‘‘(4) AVAILABILITY
OF
DATA
AND
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 infor-
mation that the Secretary deems necessary for the 
purpose of including such data and information in 
the mapping initiative, except that no department or 
agency of the Federal Government shall be required 
to provide any data or information that is privileged 
or proprietary.’’. 
SEC. 808. 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 
costs for removal or damages for which a responsible party 
(as such term is defined in section 1001 of the Oil Pollu-
tion 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.
253 
SEC. 809. ENVIRONMENTAL REVIEW. 
Section 390 of the Energy Policy Act of 2005 (Public 
Law 109–58; 42 U.S.C. 15942) is repealed. 
SEC. 810. 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 
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 pre-
sumed to be approved or other approval granted. 
SEC. 811. GOVERNMENT ACCOUNTABILITY OFFICE EVALUA-
TION. 
(a) EVALUATION.—The Comptroller General shall 
conduct an evaluation of the Department of the Interior 
to determine— 
(1) whether the reforms carried out under this 
Act and the amendments made by this Act address
254 
concerns of the Government Accountability Office 
and the Inspector General expressed before the date 
of enactment of this Act; 
(2) whether the increased hiring authority given 
to the Secretary of the Interior under this Act and 
the amendments made by this Act has resulted in 
the Department of the Interior being more effective 
in addressing its oversight missions; and 
(3) whether there has been a sufficient reduc-
tion in the conflict between mission and interest 
within the Department of the Interior. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Comptroller General shall 
submit to Congress a report containing the results of the 
evaluation conducted under subsection (a). 
SEC. 812. STUDY ON RELIEF WELLS. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary shall enter into an arrangement 
with the National Academy of Engineering under which 
the Academy shall, not later than 1 year after such ar-
rangement is entered into, submit to the Secretary and 
to Congress a report that assesses the economic, safety, 
and environmental impacts of requiring that 1 or more 
relief wells be drilled in tandem with the drilling of some
255 
or all wells subject to the requirements of this Act and 
the amendments made by this Act. 
TITLE IX—STUDY OF ACTIONS 
TO IMPROVE THE ACCURACY 
OF COLLECTION OF ROYAL-
TIES 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Study of Ways to Im-
prove the Accuracy of the Collection of Federal Oil, Con-
densate, and Natural Gas Royalties Act of 2010’’. 
SEC. 902. STUDY OF ACTIONS TO IMPROVE THE ACCURACY 
OF COLLECTION OF FEDERAL OIL, CONDEN-
SATE, AND NATURAL GAS ROYALTIES. 
The Secretary of the Interior shall seek to enter into 
an arrangement with the National Academy of Engineer-
ing under which the Academy, by not later than six 
months after the date of the enactment of this Act, shall 
study and report to the Secretary regarding whether the 
accuracy of collection of royalties on production of oil, con-
densate, and natural gas under leases of Federal lands (in 
eluding submerged and deep water lands) and Indian 
lands would be improved by any of the following: 
(1) Requiring the installation of digital meters, 
calibrated at least monthly to an absolute zero value,
256 
for all lands from which natural gas (including con-
densate) is produced under such leases. 
(2) Requiring that— 
(A) the size of every orifice plate on each 
natural gas well operated under such leases be 
inspected at least quarterly by the Secretary; 
and 
(B) chipped orifice plates and wrong-sized 
orifice plates be replaced immediately after 
those inspections and reported to the Secretary 
for retroactive volume measurement corrections 
and royalty payments with interest of 8 percent 
compounded monthly. 
(3) Requiring that any plug valves that are in 
natural gas gathering lines be removed and replaced 
with ball valves. 
(4) Requiring that— 
(A) all meter runs should be opened for in-
spection by the Secretary and the producer at 
all times; and 
(B) any welding or closing of the meter 
runs leading to the orifice plates should be pro-
hibited unless authorized by the Secretary. 
(5) Requiring the installation of straightening 
vanes approximately 10 feet before natural gas en-
257 
ters each orifice meter, including each master meter 
and each sales meter. 
(6) Requiring that all master meters be in-
spected and the results of such inspections be made 
available to the Secretary and the producers imme-
diately. 
(7) Requiring that— 
(A) all sampling of natural gas for heating 
content analysis be performed monthly up-
stream of each natural gas meter, including up-
stream of each master meter; 
(B) records of such sampling and heating 
content analysis be maintained by the pur-
chaser and made available to the Secretary and 
to the producer monthly; 
(C) probes for such upstream sampling be 
installed upstream within three feet of each 
natural gas meter; 
(D) any oil and natural gas lease for which 
heat content analysis is falsified shall be subject 
to cancellation; 
(E) natural gas sampling probes be lo-
cated— 
(i) upstream of the natural gas meter 
at all times;
258 
(ii) within a few feet of the natural 
gas meter; and 
(iii) after the natural gas goes 
through a Welker or Y–Z vanishing cham-
ber; and 
(F) temperature probes and testing probes 
be located between the natural gas sampling 
probe and the orifice of the natural gas meter. 
(8) Prohibiting the dilution of natural gas with 
inert nitrogen or inert carbon dioxide gas for royalty 
determination, sale, or resale at any point. 
(9) Requiring that both the measurement of the 
volume of natural gas and the heating content anal-
yses be reported only on the basis of 14.73 PSI and 
60 degrees Fahrenheit, regardless of the elevation 
above sea level of such volume measurement and 
heating content analysis, for both purchases and 
sales of natural gas. 
(10) Prohibiting the construction of bypass 
pipes that go around the natural gas meter, and im-
posing criminal penalties for any such construction 
or subsequent removal including, but not limited to, 
automatic cancellation of the lease. 
(11) Requiring that all natural gas sold to con-
sumers have a minimum BTU content of 960 at an
259 
atmospheric pressure of 14.73 PSI and be at a tem-
perature of 60 degrees Fahrenheit, as required by 
the State of Wyoming Public Utilities Commission. 
(12) Requiring that all natural gas sold in the 
USA will be on a MMBTU basis with the BTU con-
tent adjusted for elevation above sea level in higher 
altitudes. Thus all natural gas meters must correct 
for BTU content in higher elevations (altitudes). 
(13) Issuance by the Secretary of rules for the 
measurement at the wellhead of the standard volume 
of natural gas produced, based on independent in-
dustry standards such as those suggested by the 
American Society of Testing Materials (ASTM). 
(14) Requiring use of the fundamental orifice 
meter mass flow equation, as revised in 1990, for 
calculating the standard volume of natural gas pro-
duced. 
(15) Requiring the use of Fpv in standard vol-
ume measurement computations as described in the 
1992 American Gas Association Report No. 8 enti-
tled Compressibility Factor of Natural Gas and 
Other Related Hydrocarbon Gases. 
(16) Requiring that gathering lines must be 
constructed so as to have as few angles and turns
260 
as possible, with a maximum of three angles, before 
they connect with the natural gas meter. 
(17) Requiring that for purposes of reporting 
the royalty value of natural gas, condensate, oil, and 
associated natural gases, such royalty value must be 
based upon the natural gas’ condensate’s, oil’s, and 
associated natural gases’ arm’s length, independent 
market value, as reported in independent, respected 
market reports such as Platts or Bloombergs, and 
not based upon industry controlled posted prices, 
such as Koch’s. 
(18) Requiring that royalties be paid on all the 
condensate recovered through purging gathering 
lines and pipelines with a cone-shaped device to push 
out condensate (popularly referred to as a pig) and 
on condensate recovered from separators, dehydra-
tors, and processing plants. 
(19) Requiring that all royalty deductions for 
dehydration, treating, natural gas gathering, com-
pression, transportation, marketing, removal of im-
purities such as carbon dioxide (CO2), nitrogen (N2), 
hydrogen sulphide (H2S), mercaptain (HS), helium 
(He), and other similar charges on natural gas, con-
densate, and oil produced under such leases that are 
now in existence be eliminated.
261 
(20) Requiring that at all times— 
(A) the quantity, quality, and value ob-
tained for natural gas liquids (condensate) be 
reported to the Secretary; and 
(B) such reported value be based on fair 
independent arm’s length market value. 
(21) Issuance by the Secretary of regulations 
that prohibit venting or flaring (or both) of natural 
gas in cases for which technology exists to reason-
ably prevent it, strict enforcement of such prohibi-
tions, and cancellation of leases for violations. 
(22) Requiring lessees to pay full royalties on 
any natural gas that is vented, flared, or otherwise 
avoidably lost. 
(23)(A) Requiring payment of royalties on car-
bon dioxide at the wellhead used for tertiary oil re-
covery from depleted oil fields on the basis of 5 per-
cent of the West Texas Intermediate crude oil fair 
market price to be used for one MCF (1,000 cubic 
feet) of carbon dioxide gas. 
(B) Requiring that— 
(i) carbon dioxide used for edible purposes 
should be subjected to a royalty per thousand 
cubic feet (MCF) on the basis of the sales price 
at the downstream delivery point without de-
262 
ducting for removal of impurities, processing, 
transportation, and marketing costs; 
(ii) such price to apply with respect to gas-
eous forms, liquid forms, and solid (dry ice) 
forms of carbon dioxide converted to equivalent 
MCF; and 
(iii) such royalty to apply with respect to 
both a direct producer of carbon dioxide and 
purchases of carbon dioxide from another per-
son that is either affiliated or not affiliated with 
the purchaser. 
(24) Requiring that— 
(A) royalties be paid on the fair market 
value of nitrogen extracted from such leases 
that is used industrially for well stimulation, 
helium recovery, or other uses; and 
(B) royalties be paid on the fair market 
value of ultimately processed helium recovered 
from such leases. 
(25) Allowing only 5 percent of the value of the 
elemental sulfur recovered during processing of hy-
drogen sulfide gas from such leases to be deducted 
for processing costs in determining royalty pay-
ments.
263 
(26) Requiring that all heating content analysis 
of natural gas be conducted to a minimum level of 
C15. 
(27) Eliminating artificial conversion from dry 
BTU to wet BTU, and requiring that natural gas be 
analyzed and royalties paid for at all times on the 
basis of dry BTU only. 
(28) Requiring that natural gas sampling be 
performed at all times with a floating piston cylinder 
container at the same pressure intake as the pres-
sure of the natural gas gathering line. 
(29) Requiring use of natural gas filters with a 
minimum of 10 microns, and preferably 15 microns, 
both in the intake to natural gas sampling con-
tainers and in the exit from the natural gas sam-
pling containers into the chromatograph. 
(30) Mandate the use of a Quad Unit for both 
portable and stationary chromatographs in order to 
correct for the presence of nitrogen and oxygen, if 
any, in certain natural gas streams. 
(31) Require the calibration of all chro-
matograph equipment every three months and the 
use of only American Gas Association-approved 
standard comparison containers for such calibration.
264 
(32) Requiring payment of royalties on any 
such natural gas stored on Federal or Indian lands 
on the basis of corresponding storage charges for the 
use of Federal or Indian lands, respectively, for such 
storage service. 
(33) Imposing penalties for the intentional non-
payment of royalties for natural gas liquids recov-
ered— 
(A) from purging of natural gas gathering 
lines and natural gas pipelines; or 
(B) from field separators, dehydrators, and 
processing plants, 
including cancellation of oil and natural gas leases 
and criminal penalties. 
(34) Requiring that the separator, dehydrator, 
and natural gas meter be located within 100 feet of 
each natural gas wellhead. 
(35) Requiring that BTU heating content anal-
ysis be performed when the natural gas is at a tem-
perature of 140 to 150 degrees Fahrenheit at all 
times, as required by the American Gas Association 
(AGA) regulations. 
(36) Requiring that heating content analysis 
and volume measurements are identical at the sales 
point to what they are at the purchase point, after
265 
allowing for a small volume for leakage in old pipes, 
but with no allowance for heating content discrep-
ancy. 
(37) Verification by the Secretary that the spe-
cific gravity of natural gas produced under such 
leases, as measured at the meter run, corresponds to 
the heating content analysis data for such natural 
gas, in accordance with the Natural Gas Processors 
Association Publication 2145–71(1), entitled ‘‘Phys-
ical Constants Of Paraffin Hydrocarbons And Other 
Components Of Natural Gas’’, and reporting of all 
discrepancies immediately. 
(38) Prohibiting all deductions on royalty pay-
ments for marketing of natural gas, condensate, and 
oil by an affiliate or agent. 
(39) Requiring that all standards of the Amer-
ican Petroleum Institute, the American Gas Associa-
tion, the Gas Processors Association, and the Amer-
ican Society of Testing Materials, Minerals Manage-
ment Service Order No. 5, and all other Minerals 
Management Service orders be faithfully observed 
and applied, and willful misconduct of such stand-
ards and orders be subject to oil and gas lease can-
cellation.
266 
SEC. 903. DEFINITIONS. 
In this title: 
(1) COVERED
LANDS.—The term ‘‘covered 
lands’’ means— 
(A) all Federal onshore lands and offshore 
lands that are under the administrative jurisdic-
tion of the Department of the Interior for pur-
poses of oil and gas leasing; and 
(B) Indian onshore lands. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
TITLE X—OFFSHORE OIL AND 
GAS 
WORKER 
WHISTLE-
BLOWER PROTECTION 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Offshore Oil and Gas 
Worker Whistleblower Protection Act of 2010’’. 
SEC. 1002. WHISTLEBLOWER PROTECTIONS; EMPLOYEE 
PROTECTION FROM OTHER RETALIATION. 
(a) PROHIBITION AGAINST RETALIATION.— 
(1) IN GENERAL.—No employer may discharge 
or otherwise discriminate against a covered employee 
because the covered employee, whether at the cov-
ered employee’s initiative or in the ordinary course 
of the covered employee’s duties—
267 
(A) provided, caused to be provided, or is 
about to provide or cause to be provided to the 
employer or to a Federal or State Government 
official, information relating to any violation of, 
or any act or omission the covered employee 
reasonably believes to be a violation of, any pro-
vision of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1301 et seq.), or any order, rule, 
regulation, standard, or prohibition under that 
Act, or exercised any rights provided to employ-
ees under that Act; 
(B) testified or is about to testify in a pro-
ceeding concerning such violation; 
(C) assisted or participated or is about to 
assist or participate in such a proceeding; 
(D) testified or is about to testify before 
Congress on any matter covered by such Act; 
(E) objected to, or refused to participate in 
any activity, policy, practice, or assigned task 
that the covered employee reasonably believed 
to be in violation of any provision of such Act, 
or any order, rule, regulation, standard, or ban 
under such Act; 
(F) reported to the employer or a State or 
Federal Government official any of the fol-