ecosystem, and the management of such activi-
ties; 
(B) aims to maintain ecosystems in a 
healthy, productive, sustainable, and resilient 
condition so that they can provide the services 
humans want and need; 
(C) emphasizes the protection of ecosystem 
structure, function, patterns, and important 
processes; 
(D) considers the impacts, including cumu-
lative impacts, of the range of activities affecting 
an ecosystem that fall within geographical 
boundaries of the ecosystem; 
(E) explicitly accounts for the interconnect-
edness within an ecosystem, such as food webs, 
and acknowledges the interconnectedness among 
systems, such as between air, land, and sea; and 
(F) integrates ecological, social, economic, 
cultural, and institutional perspectives, recog-
nizing their strong interdependencies. 
(7) FEDERAL LAND MANAGEMENT AGENCY.—The 
term ‘‘Federal land management agency’’ means— 
(A) the Bureau of Land Management; 
(B) the Forest Service; 
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(C) the United States Fish and Wildlife 
Service; and 
(D) the National Park Service. 
(8) FUNCTION.—The term ‘‘function’’ includes 
authorities, powers, rights, privileges, immunities, 
programs, projects, activities, duties, and responsibil-
ities. 
(9) IMPORTANT
ECOLOGICAL
AREA.—The term 
‘‘important ecological area’’ means an area that con-
tributes significantly to local or larger marine eco-
system health or is an especially unique or sensitive 
marine ecosystem. 
(10) INDIAN
LAND.—The term ‘‘Indian land’’ 
has the meaning given the term in section 502(a) of 
title V of Public Law 109–58 (25 U.S.C. 3501(2)). 
(11) MARINE
ECOSYSTEM
HEALTH.—The term 
‘‘marine ecosystem health’’ means the ability of an 
ecosystem in ocean and coastal waters to support and 
maintain patterns, important processes, and produc-
tive, sustainable, and resilient communities of orga-
nisms, having a species composition, diversity, and 
functional organization resulting from the natural 
habitat of the region, such that it is capable of sup-
porting a variety of activities and providing a com-
plete range of ecological benefits. Such an ecosystem 
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would be characterized by a variety of factors, includ-
ing— 
(A) a complete diversity of native species 
and habitat wherein each native species is able 
to maintain an abundance, population structure, 
and distribution supporting its ecological and 
evolutionary functions, patterns, and processes; 
and 
(B) a physical, chemical, geological, and 
microbial environment that is necessary to 
achieve such diversity. 
(12) MINERAL.—The term ‘‘mineral’’ has the 
same meaning that the term ‘‘minerals’’ has in sec-
tion 2(q) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331(q)). 
(13) NONRENEWABLE ENERGY RESOURCE.—The 
term ‘‘nonrenewable energy resource’’ means oil and 
natural gas. 
(14) OPERATOR.—The term ‘‘operator’’ means— 
(A) the lessee; or 
(B) a person designated by the lessee as 
having control or management of operations on 
the leased area or a portion thereof, who is— 
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(i) approved by the Secretary, acting 
through the Bureau of Energy and Resource 
Management; or 
(ii) the holder of operating rights 
under an assignment of operating rights 
that is approved by the Secretary, acting 
through the Bureau of Energy and Resource 
Management. 
(15) OUTER
CONTINENTAL
SHELF.—The term 
‘‘Outer Continental Shelf’’ has the meaning that the 
term ‘‘outer Continental Shelf’’ has in the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(16) PUBLIC
LAND
STATE.—The term ‘‘public 
land State’’ means— 
(A) each of the eleven contiguous Western 
States (as that term is defined in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702)); and 
(B) Alaska. 
(17) REGIONAL OCEAN PARTNERSHIP.—The term 
‘‘Regional Ocean Partnership’’ means voluntary, col-
laborative management initiatives developed and en-
tered into by the Governors of two or more coastal 
States or created by an interstate compact for the 
purpose of addressing more than one ocean, coastal, 
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or Great Lakes issue and to implement policies and 
activities identified under special area management 
plans under the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.) or other agreements de-
veloped and signed by the Governors. 
(18) 
RENEWABLE
ENERGY
RESOURCE.—The 
term ‘‘renewable energy resource’’ means each of the 
following: 
(A) Wind energy. 
(B) Solar energy. 
(C) Geothermal energy. 
(D) Biomass or landfill gas. 
(E) Marine and hydrokinetic renewable en-
ergy, as that term is defined in section 632 of the 
Energy Independence and Security Act of 2007 
(42 U.S.C. 17211). 
(19) SECRETARIES.—The term ‘‘Secretaries’’ 
means the Secretary of the Interior and the Secretary 
of Commerce. 
(20) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, except as otherwise pro-
vided in this Act. 
(21) SURFACE USE PLAN OF OPERATIONS.—The 
term ‘‘surface use plan of operations’’ means a plan 
for surface use, disturbance, and reclamation of Fed-
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eral lands for energy development that is submitted 
by a lessee and approved by the relevant land man-
agement agency. 
(22) TERMS DEFINED IN OTHER LAW.—Each of 
the terms ‘‘Federal land’’, ‘‘lease’’, ‘‘lease site’’, and 
‘‘mineral leasing law’’ has the meaning that term has 
under the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1701 et seq.), except that such 
terms shall also apply to all minerals and renewable 
energy resources in addition to oil and gas. 
(23) TRIBE.—The term ‘‘tribe’’ has the same 
meaning as the term ‘‘Indian tribe’’ has in section 4 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b). 
TITLE I—CREATION OF NEW DE-
PARTMENT OF THE INTERIOR 
AGENCIES 
SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGE-
MENT. 
(a) ESTABLISHMENT.—There is established in the De-
partment of the Interior a Bureau of Energy and Resource 
Management (referred to in this section as the ‘‘Bureau’’) 
to be headed by a Director of Energy and Resource Manage-
ment (referred to in this section as the ‘‘Director’’). 
(b) DIRECTOR.— 
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(1) APPOINTMENT.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional background, demonstrated 
competence, and ability; and 
(B) capacity to— 
(i) administer the provisions of this 
Act; and 
(ii) ensure that the fiduciary duties of 
the United States Government on behalf of 
the people of the United States, as they re-
late to development of nonrenewable and re-
newable energy and mineral resources, are 
duly met. 
(2) COMPENSATION.—The Director shall be com-
pensated at the rate provided for Level V of the Exec-
utive Schedule under section 5316 of title 5, United 
States Code. 
(c) DUTIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), the Secretary shall carry out through the 
Bureau all functions, powers, and duties vested in the 
Secretary relating to the administration of a com-
prehensive program of nonrenewable and renewable 
energy and mineral resources management— 
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(A) on the Outer Continental Shelf, pursu-
ant to the Outer Continental Shelf Lands Act as 
amended by this Act (43 U.S.C. 1331 et seq.); 
(B) on Federal public lands, pursuant to 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
and the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.); 
(C) on acquired Federal lands, pursuant to 
the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 351 et seq.) and the Geothermal Steam 
Act of 1970 (30 U.S.C. 1001 et seq.); 
(D) in the National Petroleum Reserve in 
Alaska, pursuant to the Naval Petroleum Re-
serves Production Act of 1976 (42 U.S.C. 6501 
et seq.); 
(E) on any Federal land pursuant to any 
mineral leasing law; and 
(F) pursuant to this Act and all other ap-
plicable Federal laws, including the administra-
tion and approval of all instruments and agree-
ments required to ensure orderly, safe, and envi-
ronmentally responsible nonrenewable and re-
newable energy and mineral resources develop-
ment activities. 
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(2) SPECIFIC AUTHORITIES.—The Director shall 
promulgate and implement regulations for the proper 
issuance of leases for the exploration, development, 
and production of nonrenewable and renewable en-
ergy and mineral resources, and for the issuance of 
permits under such leases, on the Outer Continental 
Shelf and lands managed by the Bureau of Land 
Management, the Forest Service, or any other Federal 
land management agency, including regulations relat-
ing to resource identification, access, evaluation, and 
utilization. 
(3) INDEPENDENT ENVIRONMENTAL SCIENCE.— 
(A) IN GENERAL.—The Secretary shall cre-
ate an independent office within the Bureau 
that— 
(i) shall report to the Director; 
(ii) shall be programmatically separate 
and distinct from the leasing and permit-
ting activities of the Bureau; and 
(iii) shall— 
(I) carry out the environmental 
studies program under section 20 of 
the Outer Continental Shelf Lands Act 
(43 U.S.C. 1346); 
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(II) conduct any environmental 
analyses necessary for the programs 
administered by the Bureau; and 
(III) carry out other functions as 
deemed necessary by the Secretary. 
(B) CONSULTATION.—Studies and analyses 
carried out by the office created under subpara-
graph (A) shall be conducted in appropriate and 
timely consultation with other relevant Federal 
agencies, including— 
(i) the Bureau of Safety and Environ-
mental Enforcement; 
(ii) the United States Fish and Wild-
life Service; 
(iii) the United States Geological Sur-
vey; and 
(iv) the National Oceanic and Atmos-
pheric Administration. 
(4) LIMITATION.—The Secretary shall not carry 
out through the Bureau any function, power, or duty 
that is— 
(A) required by section 102 to be carried 
out through Bureau of Safety and Environ-
mental Enforcement; or 
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(B) required by section 103 to be carried 
out through the Office of Natural Resources Rev-
enue. 
(d) COMPREHENSIVE DATA AND ANALYSES ON OUTER 
CONTINENTAL SHELF RESOURCES.— 
(1) IN GENERAL.— 
(A) PROGRAMS.—The Director shall develop 
and carry out programs for the collection, eval-
uation, assembly, analysis, and dissemination of 
data and information that is relevant to car-
rying out the duties of the Bureau, including 
studies under section 20 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346). 
(B) USE OF DATA AND INFORMATION.—The 
Director shall, in carrying out functions pursu-
ant to the Outer Continental Lands Act (43 
U.S.C. 1331 et seq.), consider data and informa-
tion referred to in subparagraph (A) which shall 
inform the management functions of the Bureau, 
and shall contribute to a broader coordination of 
development activities within the contexts of the 
best available science and marine spatial plan-
ning. 
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(2) INTERAGENCY
COOPERATION.—In carrying 
out programs under this subsection, the Bureau 
shall— 
(A) utilize the authorities of subsection (g) 
and (h) of section 18 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1344); 
(B) cooperate with appropriate offices in 
the Department and in other Federal agencies; 
(C) use existing inventories and mapping of 
marine resources previously undertaken by the 
Minerals Management Service, mapping under-
taken by the United States Geological Survey 
and the National Oceanographic and Atmos-
pheric Administration, and information pro-
vided by the Department of Defense and other 
Federal and State agencies possessing relevant 
data; and 
(D) use any available data regarding re-
newable energy potential, navigation uses, fish-
eries, aquaculture uses, recreational uses, habi-
tat, conservation, and military uses of the Outer 
Continental Shelf. 
(e) RESPONSIBILITIES OF LAND MANAGEMENT AGEN-
CIES.—Nothing in this section shall affect the authorities 
of the Bureau of Land Management under the Federal Land 
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Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) or of the Forest Service under the National Forest 
Management Act of 1976 (Public Law 94–588). 
SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL EN-
FORCEMENT. 
(a) ESTABLISHMENT.—There is established in the De-
partment a Bureau of Safety and Environmental Enforce-
ment (referred to in this section as the ‘‘Bureau’’) to be 
headed by a Director of Safety and Environmental Enforce-
ment (referred to in this section as the ‘‘Director’’). 
(b) DIRECTOR.— 
(1) APPOINTMENT.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional background, demonstrated 
competence, and ability; and 
(B) capacity to administer the provisions of 
this Act. 
(2) COMPENSATION.—The Director shall be com-
pensated at the rate provided for Level V of the Exec-
utive Schedule under section 5316 of title 5, United 
States Code. 
(c) DUTIES.— 
(1) IN GENERAL.—The Secretary shall carry out 
through the Bureau all functions, powers, and duties 
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vested in the Secretary relating to the administration 
of safety and environmental enforcement activities re-
lated to nonrenewable and renewable energy and min-
eral resources— 
(A) on the Outer Continental Shelf pursu-
ant to the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.); 
(B) on Federal public lands, pursuant to 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
and the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.); 
(C) on acquired Federal lands, pursuant to 
the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 351 et seq.) and the Geothermal Steam 
Act of 1970 (30 U.S.C. 1001 et seq.); 
(D) in the National Petroleum Reserve in 
Alaska, pursuant to the Naval Petroleum Re-
serves Production Act of 1976 (42 U.S.C. 6501 
et seq.); and 
(E) pursuant to— 
(i) the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 et 
seq.); 
(ii) the Energy Policy Act of 2005 
(Public Law 109–58); 
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(iii) the Federal Oil and Gas Royalty 
Simplification and Fairness Act of 1996 
(Public Law 104–185); 
(iv) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(v) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); 
(vi) this Act; and 
(vii) all other applicable Federal laws, 
including the authority to develop, promulgate, 
and enforce regulations to ensure the safe and 
environmentally sound exploration, development, 
and production of nonrenewable and renewable 
energy and mineral resources on the Outer Con-
tinental Shelf and onshore federally managed 
lands. 
(d) AUTHORITIES.—In carrying out the duties under 
this section, the Secretary’s authorities shall include— 
(1) performing necessary oversight activities to 
ensure the proper application of environmental re-
views, including those conducted pursuant to the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) by the Bureau of Energy and Resource 
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Management in the performance of its duties under 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.); 
(2) suspending or prohibiting, on a temporary 
basis, any operation or activity, including produc-
tion— 
(A) on leases held on the Outer Continental 
Shelf, in accordance with section 5(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1334(a)(1)); or 
(B) on leases or rights-of-way held on Fed-
eral lands under any other minerals or energy 
leasing statute, in accordance with section 302(c) 
of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.); 
(3) cancelling any lease, permit, or right-of 
way— 
(A) on the Outer Continental Shelf, in ac-
cordance with section 5(a)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1334(a)(2)); 
or 
(B) on onshore Federal lands, in accordance 
with section 302(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1732(c)); 
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(4) compelling compliance with applicable work-
er safety and environmental laws and regulations; 
(5) requiring comprehensive safety and environ-
mental management programs for persons engaged in 
activities connected with the exploration, development, 
and production of energy or mineral resources; 
(6) developing and implementing regulations for 
Federal employees to carry out any inspection or in-
vestigation to ascertain compliance with applicable 
regulations, including health, safety, or environmental 
regulations; 
(7) collecting, evaluating, assembling, analyzing, 
and publicly disseminating electronically data and 
information that is relevant to inspections, failures, 
or accidents involving equipment and systems used 
for exploration and production of energy and mineral 
resources, including human factors associated there-
with; 
(8) implementing the Offshore Technology Re-
search and Risk Assessment Program under section 
21 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1347); 
(9) summoning witnesses and directing the pro-
duction of evidence; 
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(10) levying fines and penalties and disquali-
fying operators; and 
(11) carrying out any safety, response, and re-
moval preparedness functions. 
(e) EMPLOYEES.— 
(1) IN
GENERAL.—The Secretary shall ensure 
that the inspection force of the Bureau consists of 
qualified, trained employees who meet qualification 
requirements and adhere to the highest professional 
and ethical standards. 
(2) QUALIFICATIONS.—The qualification require-
ments referred to in paragraph (1)— 
(A) shall be determined by the Secretary, 
subject to subparagraph (B); and 
(B) shall include— 
(i) three years of practical experience 
in oil and gas exploration, development, or 
production; or 
(ii) a degree in an appropriate field of 
engineering from an accredited institution 
of higher learning. 
(3) ASSIGNMENT.—In assigning oil and gas in-
spectors to the inspection and investigation of indi-
vidual operations, the Secretary shall give due consid-
eration to the extent possible to their previous experi-
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ence in the particular type of oil and gas operation 
in which such inspections are to be made. 
(4) TRAINING ACADEMY.— 
(A) IN GENERAL.—The Secretary shall es-
tablish and maintain a National Oil and Gas 
Health and Safety Academy (referred to in this 
paragraph as the ‘‘Academy’’) as an agency of 
the Department of the Interior. 
(B) FUNCTIONS
OF
ACADEMY.—The Sec-
retary, through the Academy, shall be responsible 
for— 
(i) the initial and continued training 
of both newly hired and experienced oil and 
gas inspectors in all aspects of health, safe-
ty, environmental, and operational inspec-
tions; 
(ii) the training of technical support 
personnel of the Bureau; 
(iii) any other training programs for 
oil and gas inspectors, Bureau personnel, 
Department personnel, or other persons as 
the Secretary shall designate; and 
(iv) certification of the successful com-
pletion of training programs for newly 
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hired and experienced oil and gas inspec-
tors. 
(C) COOPERATIVE AGREEMENTS.— 
(i) IN GENERAL.—In performing func-
tions under this paragraph, and subject to 
clause (ii), the Secretary may enter into co-
operative educational and training agree-
ments with educational institutions, related 
Federal academies, other Federal agencies, 
State governments, labor organizations, and 
oil and gas operators and related industries. 
(ii) TRAINING
REQUIREMENT.—Such 
training shall be conducted by the Academy 
in accordance with curriculum needs and 
assignment of instructional personnel estab-
lished by the Secretary. 
(D) USE OF DEPARTMENTAL PERSONNEL.— 
In performing functions under this subsection, 
the Secretary shall use, to the extent practicable, 
the facilities and personnel of the Department of 
the Interior. The Secretary may appoint or as-
sign to the Academy such officers and employees 
as the Secretary considers necessary for the per-
formance of the duties and functions of the Acad-
emy. 
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(5) ADDITIONAL TRAINING PROGRAMS.— 
(A) IN GENERAL.—The Secretary shall work 
with appropriate educational institutions, opera-
tors, and representatives of oil and gas workers 
to develop and maintain adequate programs 
with educational institutions and oil and gas 
operators, that are designed— 
(i) to enable persons to qualify for po-
sitions in the administration of this Act; 
and 
(ii) to provide for the continuing edu-
cation of inspectors or other appropriate 
Departmental personnel. 
(B) FINANCIAL
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary may provide financial 
and technical assistance to educational institu-
tions in carrying out this paragraph. 
SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE. 
(a) ESTABLISHMENT.—There is established in the De-
partment an Office of Natural Resources Revenue (referred 
to in this section as the ‘‘Office’’) to be headed by a Director 
of Natural Resources Revenue (referred to in this section 
as the ‘‘Director’’). 
(b) APPOINTMENT AND COMPENSATION.— 
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(1) IN
GENERAL.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional competence; and 
(B) capacity to— 
(i) administer the provisions of this 
Act; and 
(ii) ensure that the fiduciary duties of 
the United States Government on behalf of 
the American people, as they relate to devel-
opment of nonrenewable and renewable en-
ergy and mineral resources, are duly met. 
(2) COMPENSATION.—The Director shall be com-
pensated at the rate provided for Level V of the Exec-
utive Schedule under section 5316 of title 5, United 
States Code. 
(c) DUTIES.— 
(1) IN GENERAL.—The Secretary shall carry out, 
through the Office— 
(A) all functions, powers, and duties vested 
in the Secretary and relating to the administra-
tion of the royalty and revenue management 
functions pursuant to— 
(i) the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.); 
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(ii) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(iii) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); 
(iv) the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.); 
(v) the Naval Petroleum Reserves Pro-
duction Act of 1976 (42 U.S.C. 6501 et 
seq.); 
(vi) the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 et 
seq.); 
(vii) the Federal Oil and Gas Royalty 
Simplification and Fairness Act of 1996 
(Public Law 104–185); 
(viii) the Energy Policy Act of 2005 
(Public Law 109–58); 
(ix) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(x) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); and 
(xi) this Act and all other applicable 
Federal laws; and 
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(B) all functions, powers, and duties pre-
viously assigned to the Minerals Management 
Service (including the authority to develop, pro-
mulgate, and enforce regulations) regarding— 
(i) royalty and revenue collection; 
(ii) royalty and revenue distribution; 
(iii) auditing and compliance; 
(iv) investigation and enforcement of 
royalty and revenue regulations; and 
(v) asset management for onshore and 
offshore activities. 
(d) OVERSIGHT.—In order to provide transparency 
and ensure strong oversight over the revenue program, the 
Secretary shall— 
(1) create within the Office an independent audit 
and oversight program responsible for monitoring the 
performance of the Office with respect to the duties 
and functions under subsection (c), and conducting 
internal control audits of the operations of the Office; 
(2) facilitate the participation of those Indian 
tribes and States operating pursuant to cooperative 
agreements or delegations under the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 
1701 et seq.) on all of the management teams, com-
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mittees, councils, and other entities created by the Of-
fice; and 
(3) assure prior consultation with those Indian 
tribes and States referred to in paragraph (2) in the 
formulation all policies, procedures, guidance, stand-
ards, and rules relating to the functions referred to in 
subsection (c). 
SEC. 104. ETHICS. 
(a) CERTIFICATION.—The Secretary shall certify an-
nually that all Department of the Interior officers and em-
ployees having regular, direct contact with lessees and oper-
ators as a function of their official duties are in full compli-
ance with all Federal employee ethics laws and regulations 
under the Ethics in Government Act of 1978 (5 U.S.C. 
App.) and part 2635 of title 5, Code of Federal Regulations, 
and all guidance issued under subsection (b). 
(b) GUIDANCE.—Not later than 90 days after the date 
of enactment of this Act, the Secretary shall issue supple-
mentary ethics guidance for the employees for which certifi-
cation is required under subsection (a). 
SEC. 105. REFERENCES. 
(a) BUREAU OF ENERGY AND RESOURCE MANAGE-
MENT.—Any reference in any law, rule, regulation, direc-
tive, instruction, certificate, or other official document, in 
force immediately before the enactment of this Act— 
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(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 101 is deemed to refer and apply to the 
Bureau of Energy and Resource Management estab-
lished by section 101; 
(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 101 is deemed to refer 
and apply to the Director of the Bureau of Energy 
and Resource Management; 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 101 is deemed 
to refer and apply to that same or equivalent position 
in the Bureau of Energy and Resource Management; 
(4) to the Bureau of Land Management that per-
tains to any of the duties and authorities referred to 
in section 101 is deemed to refer and apply to the Bu-
reau of Energy and Resource Management; 
(5) to the Director of the Bureau of Land Man-
agement that pertains to any of the duties and au-
thorities referred to in section 101 is deemed to refer 
and apply to the Director of the Bureau of Energy 
and Resource Management; and 
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(6) to any other position in the Bureau of Land 
Management that pertains to any of the duties and 
authorities referred to in section 101 is deemed to 
refer and apply to that same or equivalent position 
in the Bureau of Energy and Resource Management. 
(b) BUREAU OF SAFETY AND ENVIRONMENTAL EN-
FORCEMENT.—Any reference in any law, rule, regulation, 
directive, instruction, certificate or other official document 
in force immediately before the enactment of this Act— 
(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 102 is deemed to refer and apply to the 
Bureau of Safety and Environmental Enforcement es-
tablished by section 102; 
(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 102 is deemed to refer 
and apply to the Director of the Bureau of Safety and 
Environmental Enforcement; 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 102 is deemed 
to refer and apply to that same or equivalent position 
in the Bureau of Safety and Environmental Enforce-
ment; 
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(4) to the Bureau of Land Management that per-
tains to any of the duties and authorities referred to 
in section 102 is deemed to refer and apply to the Bu-
reau of Safety and Environmental Enforcement; 
(5) to the Director of the Bureau of Land Man-
agement that pertains to any of the duties and au-
thorities referred to in section 102 is deemed to refer 
and apply to the Director of the Bureau of Safety and 
Environmental Enforcement; and 
(6) to any other position in the Bureau of Land 
Management that pertains to any of the duties and 
authorities referred to in section 102 is deemed to 
refer and apply to that same or equivalent position 
in the Bureau of Safety and Environmental Enforce-
ment. 
(c) OFFICE OF NATURAL RESOURCES REVENUE.—Any 
reference in any law, rule, regulation, directive, or instruc-
tion, or certificate or other official document, in force imme-
diately prior to enactment— 
(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 103 is deemed to refer and apply to the 
Office of Natural Resources Revenue established by 
section 103; 
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(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 103 is deemed to refer 
and apply to the Director of Natural Resources Rev-
enue; and 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 103 is deemed 
to refer and apply to that same or equivalent position 
in the Office of Natural Resources Revenue. 
SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERV-
ICE. 
(a) ABOLISHMENT.—The Minerals Management Serv-
ice (in this section referred to as the ‘‘Service’’) is abolished. 
(b) COMPLETED ADMINISTRATIVE ACTIONS.— 
(1) IN GENERAL.—Completed administrative ac-
tions of the Service shall not be affected by the enact-
ment of this Act, but shall continue in effect according 
to their terms until amended, modified, superseded, 
terminated, set aside, or revoked in accordance with 
law by an officer of the United States or a court of 
competent jurisdiction, or by operation of law. 
(2) COMPLETED
ADMINISTRATIVE
ACTION
DE-
FINED.—For purposes of paragraph (1), the term 
‘‘completed administrative action’’ includes orders, 
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determinations, rules, regulations, personnel actions, 
permits, agreements, grants, contracts, certificates, li-
censes, registrations, and privileges. 
(c) PENDING PROCEEDINGS.—Subject to the authority 
of the Secretary of the Interior and the officers of the De-
partment of the Interior under this Act— 
(1) pending proceedings in the Service, including 
notices of proposed rulemaking, and applications for 
licenses, permits, certificates, grants, and financial 
assistance, shall continue, notwithstanding the enact-
ment of this Act or the vesting of functions of the 
Service in another agency, unless discontinued or 
modified under the same terms and conditions and to 
the same extent that such discontinuance or modifica-
tion could have occurred if this Act had not been en-
acted; and 
(2) orders issued in such proceedings, and ap-
peals therefrom, and payments made pursuant to 
such orders, shall issue in the same manner and on 
the same terms as if this Act had not been enacted, 
and any such orders shall continue in effect until 
amended, modified, superseded, terminated, set aside, 
or revoked by an officer of the United States or a 
court of competent jurisdiction, or by operation of 
law. 
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(d) PENDING CIVIL ACTIONS.—Subject to the authority 
of the Secretary of the Interior or any officer of the Depart-
ment of the Interior under this Act, pending civil actions 
shall continue notwithstanding the enactment of this Act, 
and in such civil actions, proceedings shall be had, appeals 
taken, and judgments rendered and enforced in the same 
manner and with the same effect as if such enactment had 
not occurred. 
(e) REFERENCES.—References relating to the Service 
in statutes, Executive orders, rules, regulations, directives, 
or delegations of authority that precede the effective date 
of this Act are deemed to refer, as appropriate, to the De-
partment, to its officers, employees, or agents, or to its cor-
responding organizational units or functions. Statutory re-
porting requirements that applied in relation to the Service 
immediately before the effective date of this Act shall con-
tinue to apply. 
SEC. 107. CONFORMING AMENDMENT. 
Section 5316 of title 5, United States Code, is amended 
by striking ‘‘Director, Bureau of Mines, Department of the 
Interior.’’ and inserting the following new items: 
‘‘Director, Bureau of Energy and Resource Man-
agement, Department of the Interior. 
‘‘Director, Bureau of Safety and Environmental 
Enforcement, Department of the Interior. 
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‘‘Director, Office of Natural Resources Revenue, 
Department of the Interior.’’. 
SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVI-
RONMENTAL ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Secretary shall establish, 
under the Federal Advisory Committee Act, an Outer Conti-
nental Shelf Safety and Environmental Advisory Board 
(referred to in this section as the ‘‘Board’’), to provide the 
Secretary and the Directors of the bureaus established by 
this title with independent scientific and technical advice 
on safe and environmentally compliant nonrenewable and 
renewable energy and mineral resource exploration, devel-
opment, and production activities. 
(b) MEMBERSHIP.— 
(1) SIZE.—The Board shall consist of not more 
than 12 members, chosen to reflect a range of exper-
tise in scientific, engineering, management, environ-
mental, and other disciplines related to safe and envi-
ronmentally compliant renewable and nonrenewable 
energy and mineral resource exploration, develop-
ment, and production activities. The Secretary shall 
consult with the National Academy of Sciences and 
the National Academy of Engineering to identify po-
tential candidates for the Board. 
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(2) TERM.—The Secretary shall appoint Board 
members to staggered terms of not more than 4 years, 
and shall not appoint a member for more than 2 con-
secutive terms. 
(3) BALANCE.—In appointing members to the 
Board, the Secretary shall ensure a balanced rep-
resentation of industry- and nonindustry-related in-
terests. 
(c) CHAIR.—The Secretary shall appoint the Chair for 
the Board. 
(d) MEETINGS.—The Board shall meet not less than 
3 times per year and, at least once per year, shall host a 
public forum to review and assess the overall safety and 
environmental performance of Outer Continental Shelf non-
renewable and renewable energy and mineral resource ac-
tivities. 
(e) REPORTS.—Reports of the Board shall be submitted 
to the Congress and made available to the public in elec-
tronically accessible form. 
(f) TRAVEL EXPENSES.—Members of the Board, other 
than full-time employees of the Federal Government, while 
attending meeting of the Board or while otherwise serving 
at the request of the Secretary or the Director while serving 
away from their homes or regular places of business, may 
be allowed travel expenses, including per diem in lieu of 
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subsistence, as authorized by section 5703 of title 5, United 
States Code, for individuals in the Government serving 
without pay. 
TITLE II—FEDERAL OIL AND GAS 
DEVELOPMENT 
Subtitle A—Safety, Environmental, 
and Financial Reform of the 
Outer Continental Shelf Lands 
Act 
SEC. 201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Outer Continental 
Shelf Lands Act Amendments of 2010’’. 
SEC. 202. DEFINITIONS. 
Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended by adding at the end the fol-
lowing: 
‘‘(r) The term ‘safety case’ means a body of evidence 
that provides a basis for determining whether a system is 
adequately safe for a given application in a given operating 
environment.’’. 
SEC. 203. NATIONAL POLICY FOR THE OUTER CONTI-
NENTAL SHELF. 
Section 3 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1332) is amended— 
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(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) the outer Continental Shelf is a vital na-
tional resource reserve held by the Federal Govern-
ment for the public, that should be managed in a 
manner that— 
‘‘(A) recognizes the need of the United 
States for domestic sources of energy, food, min-
erals, and other resources; 
‘‘(B) minimizes the potential impacts of de-
velopment of those resources on the marine and 
coastal environment and on human health and 
safety; and 
‘‘(C) acknowledges the long-term economic 
value to the United States of the balanced and 
orderly management of those resources that safe-
guards the environment and respects the multiple 
values and uses of the outer Continental Shelf;’’; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; 
(3) in paragraph (5), by striking ‘‘should be’’ 
and inserting ‘‘shall be’’, and striking ‘‘; and’’ and 
inserting a semicolon; 
(4) by redesignating paragraph (6) as para-
graph (7); 
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(5) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) exploration, development, and production of 
energy and minerals on the outer Continental Shelf 
should be allowed only when those activities can be 
accomplished in a manner that minimizes— 
‘‘(A) harmful impacts to life (including fish 
and other aquatic life) and health; 
‘‘(B) damage to the marine, coastal, and 
human environments and to property; and 
‘‘(C) harm to other users of the waters, sea-
bed, or subsoil; and’’; and 
(6) in paragraph (7) (as so redesignated), by— 
(A) striking ‘‘should be’’ and inserting 
‘‘shall be’’; 
(B) inserting ‘‘best available’’ after ‘‘using’’; 
and 
(C) striking ‘‘or minimize’’. 
SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTI-
NENTAL SHELF. 
Section 4(a)(1) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1333(a)(1)) is amended by— 
(1) inserting ‘‘or producing or supporting pro-
duction of energy from sources other than oil and 
gas’’ after ‘‘therefrom’’; 
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(2) inserting ‘‘or transmitting such energy’’ after 
‘‘transporting such resources’’; and 
(3) inserting ‘‘and other energy’’ after ‘‘That 
mineral’’. 
SEC. 205. OUTER CONTINENTAL SHELF LEASING STAND-
ARD. 
(a) IN GENERAL.—Section 5 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1334) is amended— 
(1) in subsection (a), by striking ‘‘The Secretary 
may at any time’’ and inserting ‘‘The Secretary 
shall’’; 
(2) in the second sentence of subsection (a), by 
adding after ‘‘provide for’’ the following: ‘‘operational 
safety, the protection of the marine and coastal envi-
ronment, and’’; 
(3) in subsection (a), by inserting ‘‘and the Sec-
retary of Commerce with respect to matters that may 
affect the marine and coastal environment’’ after 
‘‘which may affect competition’’; 
(4) in clause (ii) of subsection (a)(2)(A), by 
striking ‘‘a reasonable period of time’’ and inserting 
‘‘30 days’’; 
(5) in subsection (a)(7), by inserting ‘‘in a man-
ner that minimizes harmful impacts to the marine 
and coastal environment’’ after ‘‘lease area’’; 
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(6) in subsection (a), by striking ‘‘and’’ after the 
semicolon at the end of paragraph (7), redesignating 
paragraph (8) as paragraph (12), and inserting after 
paragraph (7) the following: 
‘‘(8) for independent third-party certification re-
quirements of safety systems related to well control, 
such as blowout preventers; 
‘‘(9) for performance requirements for blowout 
preventers, including quantitative risk assessment 
standards, subsea testing, and secondary activation 
methods; 
‘‘(10) for independent third-party certification 
requirements of well casing and cementing programs 
and procedures; 
‘‘(11) for the establishment of mandatory safety 
and environmental management systems by operators 
on the Outer Continental Shelf;’’; 
(7) in subsection (a), by striking the period at 
the end of paragraph (12), as so redesignated, and in-
serting ‘‘; and’’, and by adding at the end the fol-
lowing: 
‘‘(13) ensuring compliance with other applicable 
environmental and natural resource conservation 
laws.’’; and 
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(8) by adding at the end the following new sub-
section: 
‘‘(k) DOCUMENTS INCORPORATED BY REFERENCE.— 
Any documents incorporated by reference in regulations 
promulgated by the Secretary pursuant to this Act shall be 
made available to the public, free of charge, on a website 
maintained by the Secretary.’’. 
(b) CONFORMING AMENDMENT.—Subsection (g) of sec-
tion 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1351), as redesignated by section 215(4) of this Act, is fur-
ther amended by striking ‘‘paragraph (8) of section 5(a) 
of this Act’’ each place it appears and inserting ‘‘paragraph 
(12) of section 5(a) of this Act’’. 
SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY. 
(a) FINANCIAL ASSURANCE AND FISCAL RESPONSI-
BILITY.—Section 8 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337) is amended by adding at the end the 
following: 
‘‘(q) REVIEW OF BOND AND SURETY AMOUNTS.—Not 
later than May 1, 2011, and every 5 years thereafter, the 
Secretary shall review the minimum financial responsi-
bility requirements for leases issued under this section and 
shall ensure that any bonds or surety required are adequate 
to comply with the requirements of this Act or the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2701 et seq.). 
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‘‘(r) PERIODIC FISCAL REVIEW AND REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection and every 3 
years thereafter, the Secretary shall carry out a re-
view and prepare a report setting forth— 
‘‘(A)(i) the royalty and rental rates in-
cluded in new offshore oil and gas leases; and 
‘‘(ii) the rationale for the rates; 
‘‘(B) whether, in the view of the Secretary, 
the royalty and rental rates described in sub-
paragraph (A) will yield a fair return to the 
public while promoting the production of oil and 
gas resources in a timely manner; 
‘‘(C)(i) the minimum bond or surety 
amounts required pursuant to offshore oil and 
gas leases; and 
‘‘(ii) the rationale for the minimum 
amounts; 
‘‘(D) whether the bond or surety amounts 
described in subparagraph (C) are adequate to 
comply with subsection (q); and 
‘‘(E) whether the Secretary intends to mod-
ify the royalty or rental rates, or bond or surety 
amounts, based on the review. 
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‘‘(2) PUBLIC PARTICIPATION.—In carrying out a 
review and preparing a report under paragraph (1), 
the Secretary shall provide to the public an oppor-
tunity to participate. 
‘‘(3) REPORT
DEADLINE.—Not later than 30 
days after the date on which the Secretary completes 
a report under paragraph (1), the Secretary shall 
transmit copies of the report to— 
‘‘(A) the Committee on Energy and Natural 
Resources of the Senate; and 
‘‘(B) the Committee on Natural Resources of 
the House of Representatives. 
‘‘(s) COMPARATIVE REVIEW OF FISCAL SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this subsection and every 5 
years thereafter, the Secretary shall carry out a com-
prehensive review of all components of the Federal off-
shore oil and gas fiscal system, including require-
ments for— 
‘‘(A) bonus bids; 
‘‘(B) rental rates; 
‘‘(C) royalties; and 
‘‘(D) oil and gas taxes. 
‘‘(2) REQUIREMENTS.— 
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‘‘(A) CONTENTS; SCOPE.—A review under 
paragraph (1) shall include— 
‘‘(i) the information and analyses nec-
essary to compare the offshore bonus bids, 
rents, royalties, and taxes of the Federal 
Government to the offshore bonus bids, 
rents, royalties, and taxes of other resource 
owners, including States and foreign coun-
tries; and 
‘‘(ii) an assessment of the overall off-
shore oil and gas fiscal system in the 
United States, as compared to foreign coun-
tries. 
‘‘(B) 
INDEPENDENT
ADVISORY
COM-
MITTEE.—In carrying out a review under para-
graph (1), the Secretary shall convene and seek 
the advice of an independent advisory committee 
comprised of oil and gas and fiscal experts from 
States, Indian tribes, academia, the energy in-
dustry, and appropriate nongovernmental orga-
nizations. 
‘‘(3) REPORT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
prepare a report that contains— 
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‘‘(i) the contents and results of the re-
view carried out under paragraph (1) for 
the period covered by the report; and 
‘‘(ii) any recommendations of the Sec-
retary based on the contents and results of 
the review. 
‘‘(B) REPORT DEADLINE.—Not later than 
30 days after the date on which the Secretary 
completes a report under paragraph (1), the Sec-
retary shall transmit copies of the report to the 
Committee on Natural Resources of the House of 
Representatives and the Committee on Energy 
and Natural Resources of the Senate.’’. 
(b) ENVIRONMENTAL DILIGENCE.—Section 8 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is 
amended by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) REQUIREMENT FOR CERTIFICATION OF RESPON-
SIBLE STEWARDSHIP.— 
‘‘(1) CERTIFICATION REQUIREMENT.—No bid or 
request for a lease, easement, or right-of-way under 
this section, or for a permit to drill under section 
11(d), may be submitted by any person unless the 
person certifies to the Secretary that the person (in-
cluding any related person and any predecessor of 
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such person or related person) meets each of the fol-
lowing requirements: 
‘‘(A) The person is meeting due diligence, 
safety, and environmental requirements on other 
leases, easements, and rights-of-way. 
‘‘(B) In the case of a person that is a re-
sponsible party for a vessel or a facility from 
which oil is discharged, for purposes of section 
1002 of the Oil Pollution Act of 1990 (33 U.S.C. 
2702), the person has met all of its obligations 
under that Act to provide compensation for cov-
ered removal costs and damages. 
‘‘(C) In the 7-year period ending on the 
date of certification, the person, in connection 
with activities in the oil industry (including ex-
ploration, development, production, transpor-
tation by pipeline, and refining)— 
‘‘(i) was not found to have committed 
willful or repeated violations under the Oc-
cupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.) (including State 
plans approved under section 18(c) of such 
Act (29 U.S.C. 667(c))) at a rate that is 
higher than five times the rate determined 
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by the Secretary to be the oil industry aver-
age for such violations for such period; 
‘‘(ii) was not convicted of a criminal 
violation for death or serious bodily injury; 
‘‘(iii) did not have more than 10 fa-
talities at its exploration, development, and 
production facilities and refineries as a re-
sult of violations of Federal or State health, 
safety, or environmental laws; 
‘‘(iv) was not assessed, did not enter 
into an agreement to pay, and was not oth-
erwise required to pay, civil penalties and 
criminal fines for violations the person was 
found to have committed under the Federal 
Water Pollution Control Act (33 U.S.C. 
1251 et seq.) (including State programs ap-
proved under sections 402 and 404 of such 
Act (33 U.S.C. 1342 and 1344)) in a total 
amount that is equal to more than 
$10,000,000; and 
‘‘(v) was not assessed, did not enter 
into an agreement to pay, and was not oth-
erwise required to pay, civil penalties and 
criminal fines for violations the person was 
found to have committed under the Clean 
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Air Act (42 U.S.C. 7401 et seq.) (including 
State plans approved under section 110 of 
such Act (42 U.S.C. 7410)) in a total 
amount that is equal to more than 
$10,000,000. 
‘‘(2) ENFORCEMENT.—If the Secretary deter-
mines that a certification made under paragraph (1) 
is false, the Secretary shall cancel any lease, ease-
ment, or right of way and shall revoke any permit 
with respect to which the certification was required 
under such paragraph. 
‘‘(3) DEFINITION
OF
RELATED
PERSON.—For 
purposes of this subsection, the term ‘related person’ 
includes a parent, subsidiary, affiliate, member of the 
same controlled group, contractor, subcontractor, a 
person holding a controlling interest or in which a 
controlling interest is held, and a person with sub-
stantially the same board members, senior officers, or 
investors.’’. 
(c) ALTERNATIVE ENERGY DEVELOPMENT.— 
(1) CLARIFICATION RELATING TO ALTERNATIVE 
ENERGY DEVELOPMENT.—Section 8(p) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(p)) is 
amended— 
(A) in paragraph (1)— 
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(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or’’ after ‘‘1501 et 
seq.),’’, and by striking ‘‘or other applicable 
law,’’; and 
(ii) by amending subparagraph (D) to 
read as follows: 
‘‘(D) use, for energy-related purposes, facili-
ties currently or previously used for activities 
authorized under this Act, except that any oil 
and gas energy-related uses shall not be author-
ized in areas in which oil and gas preleasing, 
leasing, and related activities are prohibited by 
a moratorium.’’; and 
(B) in paragraph (4)— 
(i) in subparagraph (E), by striking 
‘‘coordination’’ and inserting ‘‘in consulta-
tion’’; and 
(ii) in subparagraph (J)(ii), by insert-
ing ‘‘a potential site for an alternative en-
ergy facility,’’ after ‘‘deepwater port,’’. 
(2) 
NONCOMPETITIVE
ALTERNATIVE
ENERGY 
LEASE
OPTIONS.—Section 8(p)(3) of such Act (43 
U.S.C. 1337(p)(3)) is amended to read as follows: 
‘‘(3) COMPETITIVE OR NONCOMPETITIVE BASIS.— 
Any lease, easement, right-of-way, or other authoriza-
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tion granted under paragraph (1) shall be issued on 
a competitive basis, unless— 
‘‘(A) the lease, easement, right-of-way, or 
other authorization relates to a project that 
meets the criteria established under section 
388(d) of the Energy Policy Act of 2005 (43 
U.S.C. 1337 note; Public Law 109–58); 
‘‘(B) the lease, easement, right-of-way, or 
other authorization— 
‘‘(i) is for the placement and operation 
of a meteorological or marine data collec-
tion facility; and 
‘‘(ii) has a term of not more than 5 
years; or 
‘‘(C) the Secretary determines, after pro-
viding public notice of a proposed lease, ease-
ment, right-of-way, or other authorization, that 
no competitive interest exists.’’. 
(d) REVIEW OF IMPACTS OF LEASE SALES ON THE 
MARINE AND COASTAL ENVIRONMENT BY SECRETARY.— 
Section 8 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337) is amended by adding at the end of subsection 
(a) the following: 
‘‘(9) At least 60 days prior to any lease sale, the 
Secretary shall request a review by the Secretary of 
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Commerce of the proposed sale with respect to impacts 
on the marine and coastal environment. The Sec-
retary of Commerce shall complete and submit in 
writing the results of that review within 60 days after 
receipt of the Secretary of the Interior’s request.’’. 
(e) LIMITATION
ON LEASE TRACT SIZE.—Section 
8(b)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(b)(1)) is amended by striking ‘‘, unless the Secretary 
finds that a larger area is necessary to comprise a reason-
able economic production unit’’. 
(f) SULPHUR LEASES.—Section 8(i) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1337(i)) is amended 
by striking ‘‘meet the urgent need’’ and inserting ‘‘allow’’. 
(g) TERMS
AND PROVISIONS.—Section 8(b) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) is 
amended by striking ‘‘An oil and gas lease issued pursuant 
to this section shall’’ and inserting ‘‘An oil and gas lease 
may be issued pursuant to this section only if the Secretary 
determines that activities under the lease are not likely to 
result in any condition described in section 5(a)(2)(A)(i), 
and shall’’. 
SEC. 207. DISPOSITION OF REVENUES. 
Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended to read as follows: 
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‘‘SEC. 9. DISPOSITION OF REVENUES. 
‘‘(a) GENERAL.—Except as provided in subsections 
(b), (c), and (d), all rentals, royalties, and other sums paid 
to the Secretary or the Secretary of the Navy under any 
lease on the outer Continental Shelf for the period from 
June 5, 1950, to date, and thereafter shall be deposited in 
the Treasury of the United States and credited to miscella-
neous receipts. 
‘‘(b) LAND AND WATER CONSERVATION FUND.—Effec-
tive for fiscal year 2011 and each fiscal year thereafter, 
$900,000,000 of the amounts referred to in subsection (a) 
shall be deposited in the Treasury of the United States and 
credited to the Land and Water Conservation Fund. These 
sums shall be available to the Secretary, without further 
appropriation or fiscal year limitation, for carrying out 
the purposes of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 460l–4 et seq.). 
‘‘(c) HISTORIC PRESERVATION FUND.—Effective for 
fiscal year 2011 and each fiscal year thereafter, 
$150,000,000 of the amounts referred to in subsection (a) 
shall be deposited in the Treasury of the United States and 
credited to the Historic Preservation Fund. These sums 
shall be available to the Secretary, without further appro-
priation or fiscal year limitation, for carrying out the pur-
poses of the National Historic Preservation Fund Act of 
1966 (16 U.S.C. 470 et seq.). 
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‘‘(d) OCEAN RESOURCES CONSERVATION AND ASSIST-
ANCE FUND.—Effective for each fiscal year 2011 and there-
after, 10 percent of the amounts referred to in subsection 
(a) shall be deposited in the Treasury of the United States 
and credited to the Ocean Resources Conservation and As-
sistance Fund established by the Consolidated Land, En-
ergy, and Aquatic Resources Act of 2010. These sums shall 
be available to the Secretary, without further appropriation 
or fiscal year limitation, for carrying out the purposes of 
section 605 of the Consolidated Land, Energy, and Aquatic 
Resources Act of 2010. 
‘‘(e) SAVINGS PROVISION.—Nothing in this section 
shall decrease the amount any State shall receive pursuant 
to section 8(g) of this Act or section 105 of the Gulf of Mex-
ico Energy Security Act (43 U.S.C. 1331 note).’’. 
SEC. 208. EXPLORATION PLANS. 
(a) LIMITATION
ON HARM FROM AGENCY EXPLO-
RATION.—Section 11(a)(1) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340(a)(1)) is amended by striking 
‘‘unduly harmful to’’ and inserting ‘‘likely to harm’’. 
(b) EXPLORATION PLAN REVIEW.—Section 11(c) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)), is 
amended— 
(1) by inserting ‘‘(A)’’ before the first sentence; 
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(2) in paragraph (1)(A), as designated by the 
amendment made by paragraph (1) of this sub-
section— 
(A) by striking ‘‘and the provisions of such 
lease’’ and inserting ‘‘the provisions of such 
lease, and other applicable environmental and 
natural resource conservation laws’’; and 
(B) by striking the fourth sentence and in-
serting the following: 
‘‘(B) The Secretary shall approve such plan, as sub-
mitted or modified, within 90 days after its submission and 
it is made publicly accessible by the Secretary, or within 
such additional time as the Secretary determines is nec-
essary to complete any environmental, safety, or other re-
views, if the Secretary determines that— 
‘‘(i) any proposed activity under such plan is 
not likely to result in any condition described in sec-
tion 5(a)(2)(A)(i); 
‘‘(ii) the plan complies with other applicable en-
vironmental or natural resource conservation laws; 
and 
‘‘(iii) the applicant has demonstrated the capa-
bility and technology to respond immediately and ef-
fectively to a worst-case oil spill in real-world condi-
tions in the area of the proposed activity.’’; and 
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(3) by adding at the end the following: 
‘‘(5) If the Secretary requires greater than 90 
days to review an exploration plan submitted pursu-
ant to any oil and gas lease issued or maintained 
under this Act, then the Secretary may provide for a 
suspension of that lease pursuant to section 5 until 
the review of the exploration plan is completed.’’. 
(c) REQUIREMENTS.—Section 11(c) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1340(c), is amended 
by amending paragraph (3) to read as follows: 
‘‘(3) An exploration plan submitted under this 
subsection shall include, in the degree of detail that 
the Secretary may by regulation require— 
‘‘(A) a schedule of anticipated exploration 
activities to be undertaken; 
‘‘(B) a detailed and accurate description of 
equipment to be used for such activities, includ-
ing— 
‘‘(i) a description of each drilling unit; 
‘‘(ii) a statement of the design and 
condition of major safety-related pieces of 
equipment, including independent third 
party certification of such equipment; and 
‘‘(iii) a description of any new tech-
nology to be used; 
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‘‘(C) a map showing the location of each 
well to be drilled; 
‘‘(D) a scenario for the potential blowout of 
the well involving the highest potential volume of 
liquid hydrocarbons, along with a complete de-
scription of a response plan to both control the 
blowout and manage the accompanying dis-
charge of hydrocarbons, including the likelihood 
for surface intervention to stop the blowout, the 
availability of a rig to drill a relief well, an esti-
mate of the time it would take to drill a relief 
well, a description of other technology that may 
be used to regain control of the well or capture 
escaping hydrocarbons and the potential timeline 
for using that technology for its intended pur-
pose, and the strategy, organization, and re-
sources necessary to avoid harm to the environ-
ment and human health from hydrocarbons; 
‘‘(E) an analysis of the potential impacts of 
the worst-case-scenario discharge of hydrocarbons 
on the marine, coastal, and human environments 
for activities conducted pursuant to the proposed 
exploration plan; and 
‘‘(F) such other information deemed perti-
nent by the Secretary.’’. 
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(d) DRILLING PERMITS.—Section 11(d) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340(d)) is amend-
ed by to read as follows: 
‘‘(d) DRILLING PERMITS.— 
‘‘(1) IN GENERAL.—The Secretary shall, by regu-
lation, require that any lessee operating under an ap-
proved exploration plan obtain a permit prior to 
drilling any well in accordance with such plan, and 
prior to any significant modification of the well de-
sign as originally approved by the Secretary. 
‘‘(2) ENGINEERING
REVIEW
REQUIRED.—The 
Secretary may not grant any drilling permit or 
modification of the permit prior to completion of a 
full engineering review of the well system, including 
a determination that critical safety systems, includ-
ing blowout prevention, will utilize best available 
technology and that blowout prevention systems will 
include redundancy and remote triggering capability. 
‘‘(3) OPERATOR
SAFETY
AND
ENVIRONMENTAL 
MANAGEMENT
REQUIRED.—The Secretary shall not 
grant any drilling permit or modification of the per-
mit prior to completion of a safety and environ-
mental management plan to be utilized by the oper-
ator during all well operations.’’. 
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(e) EXPLORATION PERMIT REQUIREMENTS.—Section 
11(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1340(g)) is amended by— 
(1) striking ‘‘shall be issued’’ and inserting 
‘‘may be issued’’; 
(2) inserting ‘‘and after consultation with the 
Secretary of Commerce,’’ after ‘‘in accordance with 
regulations issued by the Secretary’’; 
(3) striking the ‘‘and’’ at the end of paragraph 
(2); 
(4) in paragraph (3) striking ‘‘will not be un-
duly harmful to’’ and inserting ‘‘is not likely to 
harm’’; 
(5) striking the period at the end of paragraph 
(3) and inserting a semicolon; and 
(6) adding at the end the following: 
‘‘(4) the exploration will be conducted in accord-
ance with other applicable environmental and natural 
resource conservation laws; 
‘‘(5) in the case of geophysical surveys, the appli-
cant shall use the best available technologies and 
methods to minimize impacts on marine life; and 
‘‘(6) in the case of drilling operations, the appli-
cant has available oil spill response and clean-up 
equipment and technology that has been demonstrated 
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to be capable of effectively remediating a worst-case 
release of oil.’’. 
(f) ENVIRONMENTAL REVIEW OF PLANS; DEEPWATER 
PLAN; PLAN DISAPPROVAL.—Section 11 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1340) is amended by 
adding at the end the following: 
‘‘(i) ENVIRONMENTAL REVIEW OF PLANS.—The Sec-
retary shall treat the approval of an exploration plan, or 
a significant revision of such a plan, as an agency action 
requiring preparation of an environmental assessment or 
environmental impact statement in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and shall require that such plan— 
‘‘(1) be based on the best available technology to 
ensure safety in carrying out both the drilling of the 
well and any oil spill response; and 
‘‘(2) contain a technical systems analysis of the 
safety of the proposed activity, the blowout prevention 
technology, and the blowout and spill response plans. 
‘‘(j) DISAPPROVAL OF PLAN.— 
‘‘(1) IN
GENERAL.—The Secretary shall dis-
approve the plan if the Secretary determines, because 
of exceptional geological conditions in the lease areas, 
exceptional resource values in the marine or coastal 
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environment, or other exceptional circumstances, 
that— 
‘‘(A) implementation of the plan would 
probably cause serious harm or damage to life 
(including fish and other aquatic life), to prop-
erty, to any mineral deposits (in areas leased or 
not leased), to the national security or defense, or 
to the marine, coastal, or human environments; 
‘‘(B) the threat of harm or damage will not 
disappear or decrease to an acceptable extent 
within a reasonable period of time; and 
‘‘(C) the advantages of disapproving the 
plan outweigh the advantages of exploration. 
‘‘(2) CANCELLATION OF LEASE FOR DISAPPROVAL 
OF PLAN.—If a plan is disapproved under this sub-
section, the Secretary may cancel such lease in ac-
cordance with subsection (c)(1) of this section.’’. 
SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) in subsection (a) in the second sentence by 
striking ‘‘meet national energy needs’’ and inserting 
‘‘balance national energy needs and the protection of 
the marine and coastal environment and all the re-
sources in that environment,’’; 
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(2) in subsection (a)(1), by striking ‘‘considers’’ 
and inserting ‘‘gives equal consideration to’’; 
(3) in subsection (a)(2)(A)— 
(A) by striking ‘‘existing’’ and inserting 
‘‘the best available scientific’’; and 
(B) by inserting ‘‘, including at least three 
consecutive years of data’’ after ‘‘information’’; 
(4) in subsection (a)(2)(D), by inserting ‘‘, po-
tential and existing sites of renewable energy installa-
tions’’ after ‘‘deepwater ports,’’; 
(5) in subsection (a)(2)(H), by inserting ‘‘includ-
ing the availability of infrastructure to support oil 
spill response’’ before the period; 
(6) in subsection (a)(3), by— 
(A) striking ‘‘to the maximum extent prac-
ticable,’’; 
(B) striking ‘‘obtain a proper balance be-
tween’’ and inserting ‘‘minimize’’; and 
(C) striking ‘‘damage,’’ and all that follows 
through the period and inserting ‘‘damage and 
adverse impacts on the marine, coastal, and 
human environments, and enhancing the poten-
tial for the discovery of oil and gas.’’; 
(7) in subsection (b)(1), by inserting ‘‘environ-
mental, marine, and energy’’ after ‘‘obtain’’; 
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(B) in the third sentence, by inserting ‘‘or 
head of a Federal agency’’ after ‘‘such Gov-
ernor’’; and 
(C) in the fourth sentence, by inserting ‘‘or 
between the Secretary and the head of a Federal 
agency,’’ after ‘‘affected State,’’; 
(14) in the second sentence of subsection (d)(2), 
by inserting ‘‘, the head of a Federal agency,’’ after 
‘‘Attorney General’’; 
(15) in subsection (g), by inserting after the first 
sentence the following: ‘‘Such information may in-
clude existing inventories and mapping of marine re-
sources previously undertaken by the Department of 
the Interior and the National Oceanic and Atmos-
pheric Administration, information provided by the 
Department of Defense, and other available data re-
garding energy or mineral resource potential, naviga-
tion uses, fisheries, aquaculture uses, recreational 
uses, habitat, conservation, and military uses on the 
outer Continental Shelf.’’; and 
(16) by adding at the end the following new sub-
section: 
‘‘(i) RESEARCH AND DEVELOPMENT.—The Secretary 
shall carry out a program of research and development to 
ensure the continued improvement of methodologies for 
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characterizing resources of the outer Continental Shelf and 
conditions that may affect the ability to develop and use 
those resources in a safe, sound, and environmentally re-
sponsible manner. Such research and development activities 
may include activities to provide accurate estimates of en-
ergy and mineral reserves and potential on the Outer Conti-
nental Shelf and any activities that may assist in filling 
gaps in environmental data needed to develop each leasing 
program under this section.’’. 
SEC. 210. ENVIRONMENTAL STUDIES. 
(a) INFORMATION NEEDED
FOR ASSESSMENT
AND 
MANAGEMENT OF ENVIRONMENTAL IMPACTS.—Section 20 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) 
is amended by striking so much as precedes subsection 
(a)(2) and inserting the following: 
‘‘SEC. 20. ENVIRONMENTAL STUDIES. 
‘‘(a)(1) The Secretary, in cooperation with the Sec-
retary of Commerce, shall conduct a study no less than once 
every three years of any area or region included in any 
oil and gas lease sale or other lease in order to establish 
information needed for assessment and management of en-
vironmental impacts on the human, marine, and coastal 
environments of the outer Continental Shelf and the coastal 
areas which may be affected by oil and gas or other mineral 
development in such area or region.’’. 
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(b) IMPACTS OF DEEP WATER SPILLS.—Section 20 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1346) 
is amended by— 
(1) redesignating subsections (c) through (f) as 
(d) through (g); and 
(2) inserting after subsection (b) the following 
new subsection: 
‘‘(c) The Secretary shall conduct research to identify 
and reduce data gaps related to impacts of deepwater hy-
drocarbon spills, including— 
‘‘(1) effects to benthic substrate communities and 
species; 
‘‘(2) water column habitats and species; 
‘‘(3) surface and coastal impacts from spills 
originating in deep waters; and 
‘‘(4) the use of dispersants.’’. 
SEC. 211. SAFETY REGULATIONS. 
Section 21 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1347) is amended— 
(1) in subsection (a), by striking ‘‘Upon the date 
of enactment of this section,’’ and inserting ‘‘Within 
6 months after the date of enactment of the Outer 
Continental Shelf Lands Act Amendments of 2010 
and every three years thereafter,’’; 
(2) in subsection (b) by— 
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(A) striking ‘‘for the artificial islands, in-
stallations, and other devices referred to in sec-
tion 4(a)(1) of’’ and inserting ‘‘under’’; 
(B) striking ‘‘which the Secretary deter-
mines to be economically feasible’’; and 
(C) adding at the end ‘‘Not later than 6 
months after the date of enactment of the Outer 
Continental Shelf Lands Act Amendments of 
2010 and every 3 years thereafter, the Secretary 
shall, in consultation with the Outer Continental 
Shelf Safety and Environmental Advisory Board 
established under title I of the Consolidated 
Land, Energy, and Aquatic Resources Act of 
2010, identify and publish an updated list of (1) 
the best available technologies for key areas of 
well design and operation, including blowout 
prevention and blowout and oil spill response 
and (2) technology needs for which the Secretary 
intends to identify best available technologies in 
the future.’’; and 
(3) by adding at the end the following: 
‘‘(g) SAFETY CASE.—Not later than 6 months after the 
date of enactment of the Outer Continental Shelf Lands Act 
Amendments of 2010, the Secretary shall promulgate regu-
lations requiring a safety case be submitted along with each 
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new application for a permit to drill on the outer Conti-
nental Shelf. Not later than 5 years after the date final reg-
ulations promulgated under this subsection go into effect, 
and not less than every 5 years thereafter, the Secretary 
shall enter into an arrangement with the National Academy 
of Engineering to conduct a study to assess the effectiveness 
of these regulations and to recommend improvements in 
their administration. 
‘‘(h) OFFSHORE TECHNOLOGY RESEARCH AND RISK 
ASSESSMENT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a program of research, development, and risk as-
sessment to address technology and development issues 
associated with exploration for, and development and 
production of, energy and mineral resources on the 
outer Continental Shelf, with the primary purpose of 
informing its role relating to safety, environmental 
protection, and spill response. 
‘‘(2) SPECIFIC
FOCUS
AREAS.—The program 
under this subsection shall include research and devel-
opment related to— 
‘‘(A) risk assessment, using all available 
data from safety and compliance records both 
within the United States and internationally; 
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‘‘(B) analysis of industry trends in tech-
nology, investment, and frontier areas; 
‘‘(C) reviews of best available technologies, 
including those associated with pipelines, blow-
out preventer mechanisms, casing, well design, 
and other associated infrastructure related to off-
shore energy development; 
‘‘(D) oil spill response and mitigation; 
‘‘(E) risk associated with human factors; 
‘‘(F) technologies and methods to reduce the 
impact of geophysical exploration activities on 
marine life; and 
‘‘(G) renewable energy operations.’’. 
SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL 
REGULATIONS. 
Section 22 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1348) is amended— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) INSPECTIONS.—The Secretary and the Secretary 
of the department in which the Coast Guard is operating 
shall individually, or jointly if they so agree, promulgate 
regulations to provide for— 
‘‘(1) scheduled onsite inspection, at least once a 
year, of each facility on the outer Continental Shelf 
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which is subject to any environmental or safety regu-
lation promulgated pursuant to this Act, which in-
spection shall include all safety equipment designed to 
prevent or ameliorate blowouts, fires, spillages, or 
other major accidents; 
‘‘(2) scheduled onsite inspection, at least once a 
month, of each facility on the outer Continental Shelf 
engaged in drilling operations and which is subject to 
any environmental or safety regulation promulgated 
pursuant to this Act, which inspection shall include 
all safety equipment designed to prevent or ameliorate 
blowouts, fires, spillages, or other major accidents; 
‘‘(3) periodic onsite inspection without advance 
notice to the operator of such facility to assure com-
pliance with such environmental or safety regula-
tions; and 
‘‘(4) periodic audits of each required safety and 
environmental management plan, and any associated 
safety case, both with respect to their implementation 
at each facility on the outer Continental Shelf for 
which such a plan or safety case is required and with 
respect to onshore management support for activities 
at such a facility.’’; 
(2) in subsection (d)(1)— 
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(A) by striking ‘‘each major fire and each 
major oil spillage’’ and inserting ‘‘each major 
fire, each major oil spillage, each loss of well 
control, and any other accident that presented a 
serious risk to human or environmental safety’’; 
and 
(B) by inserting before the period at the end 
the following: ‘‘, as a condition of the lease or 
permit’’; 
(3) in subsection (d)(2), by inserting before the 
period at the end the following: ‘‘as a condition of the 
lease or permit’’; 
(4) in subsection (e), by adding at the end the 
following: ‘‘Any such allegation from any employee of 
the lessee or any subcontractor of the lessee shall be 
investigated by the Secretary.’’; 
(5) in subsection (b)(1), by striking ‘‘recognized’’ 
and inserting ‘‘uncontrolled’’; and 
(6) by adding at the end the following: 
‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE AC-
TIONS.—For any incident investigated under this section, 
the Secretary shall promptly make available to all lessees 
and the public technical information about the causes and 
corrective actions taken. All data and reports related to any 
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such incident shall be maintained in a data base available 
to the public. 
‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 
‘‘(1) The Secretary, in cooperation with the Sec-
retary of the department in which the Coast Guard 
is operating, shall require all operators of all new and 
existing drilling and production operations to annu-
ally certify that their operations are being conducted 
in accordance with applicable law and regulations. 
‘‘(2) Each certification shall include, but, not be 
limited to, statements that verify the operator has— 
‘‘(A) examined all well control system 
equipment (both surface and subsea) being used 
to ensure that it has been properly maintained 
and is capable of shutting in the well during 
emergency operations; 
‘‘(B) examined and conducted tests to en-
sure that the emergency equipment has been 
function-tested and is capable of addressing 
emergency situations; 
‘‘(C) reviewed all rig drilling, casing, ce-
menting, well abandonment (temporary and per-
manent), completion, and workover practices to 
ensure that well control is not compromised at 
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any point while emergency equipment is in-
stalled on the wellhead; 
‘‘(D) reviewed all emergency shutdown and 
dynamic positioning procedures that interface 
with emergency well control operations; and 
‘‘(E) taken the necessary steps to ensure 
that all personnel involved in well operations are 
properly trained and capable of performing their 
tasks under both normal drilling and emergency 
well control operations. 
‘‘(i) CEO ANNUAL CERTIFICATION.—Operators of all 
drilling and production operations shall annually submit 
to the Secretary a general statement by the operator’s chief 
executive officer that certifies to the operators’ compliance 
with all applicable laws and operating regulations. 
‘‘(j) THIRD PARTY CERTIFICATION.—All operators 
that modify or upgrade any emergency equipment placed 
on any operation to prevent blow-outs or other well control 
events, shall have an independent third party conduct a de-
tailed physical inspection and design review of such equip-
ment within 30-days of its installation. The independent 
third party shall certify that the equipment will operate 
as originally designed and any modifications or upgrades 
conducted after delivery have not compromised the design, 
performance or functionality of the equipment. Failure to 
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comply with this subsection shall result in suspension of 
the lease.’’. 
SEC. 213. JUDICIAL REVIEW. 
Section 23(c)(3) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1349(c)(3)) is amended by striking ‘‘sixty’’ 
and inserting ‘‘90’’. 
SEC. 214. REMEDIES AND PENALTIES. 
(a) CIVIL PENALTY, GENERALLY.—Section 24(b) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is 
amended to read as follows: 
‘‘(b)(1) Except as provided in paragraph (2), any per-
son who fails to comply with any provision of this Act, or 
any term of a lease, license, or permit issued pursuant to 
this Act, or any regulation or order issued under this Act, 
shall be liable for a civil administrative penalty of not more 
than $75,000 for each day of the continuance of such fail-
ure. The Secretary may assess, collect, and compromise any 
such penalty. No penalty shall be assessed until the person 
charged with a violation has been given an opportunity for 
a hearing. The Secretary shall, by regulation at least every 
3 years, adjust the penalty specified in this paragraph to 
reflect any increases in the Consumer Price Index (all 
items, United States city average) as prepared by the De-
partment of Labor. 
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‘‘(2) If a failure described in paragraph (1) constitutes 
or constituted a threat of harm or damage to life (including 
fish and other aquatic life), property, any mineral deposit, 
or the marine, coastal, or human environment, a civil pen-
alty of not more than $150,000 shall be assessed for each 
day of the continuance of the failure.’’. 
(b) KNOWING
AND WILLFUL VIOLATIONS.—Section 
24(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1350(c)) is amended in paragraph (4) by striking 
‘‘$100,000$100,000’’ and inserting ‘‘$10,000,000’’. 
(c) OFFICERS AND AGENTS OF CORPORATIONS.—Sec-
tion 24(d) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1350(d)) is amended by inserting ‘‘, or with willful 
disregard,’’ after ‘‘knowingly and willfully’’. 
SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL 
SHELF. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351) is amended— 
(1) by striking ‘‘other than the Gulf of Mexico,’’ 
in each place it appears; 
(2) in subsection (c), by striking ‘‘and’’ after the 
semicolon at the end of paragraph (5), redesignating 
paragraph (6) as paragraph (11), and inserting after 
paragraph (5) the following new paragraphs: 
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‘‘(6) a detailed and accurate description of 
equipment to be used for the drilling of wells pursu-
ant to activities included in the development and pro-
duction plan, including— 
‘‘(A) a description of the drilling unit or 
units; 
‘‘(B) a statement of the design and condi-
tion of major safety-related pieces of equipment, 
including independent third-party certification 
of such equipment; and 
‘‘(C) a description of any new technology to 
be used; 
‘‘(7) a scenario for the potential blowout of each 
well to be drilled as part of the plan involving the 
highest potential volume of liquid hydrocarbons, along 
with a complete description of a response plan to both 
control the blowout and manage the accompanying 
discharge of hydrocarbons, including the likelihood for 
surface intervention to stop the blowout, the avail-
ability of a rig to drill a relief well, an estimate of 
the time it would take to drill a relief well, a descrip-
tion of other technology that may be used to regain 
control of the well or capture escaping hydrocarbons 
and the potential timeline for using that technology 
for its intended purpose, and the strategy, organiza-
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tion, and resources necessary to avoid harm to the en-
vironment and human health from hydrocarbons; 
‘‘(8) an analysis of the potential impacts of the 
worst-case-scenario discharge on the marine, coastal, 
and human environments for activities conducted 
pursuant to the proposed development and production 
plan; 
‘‘(9) a comprehensive survey and characteriza-
tion of the coastal or marine environment within the 
area of operation, including bathymetry, currents and 
circulation patterns within the water column, and de-
scriptions of benthic and pelagic environments; 
‘‘(10) a description of the technologies to be de-
ployed on the facilities to routinely observe and mon-
itor in real time the marine environment throughout 
the duration of operations, and a description of the 
process by which such observation data and informa-
tion will be made available to Federal regulators and 
to the System established under section 12304 of Pub-
lic Law 111–11 (33 U.S.C. 3603); and’’; 
(3) in subsection (e), by striking so much as pre-
cedes paragraph (2) and inserting the following: 
‘‘(e)(1) The Secretary shall treat the approval of a de-
velopment and production plan, or a significant revision 
of a development and production plan, as an agency action 
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requiring preparation of an environmental assessment or 
environmental impact statement, in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).’’; 
(4) by striking subsections (g) and (l), and redes-
ignating subsections (h) through (k) as subsections (g) 
through and (j); and 
(5) in subsection (g), as so redesignated, by re-
designating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively, and inserting after para-
graph (1) the following: 
‘‘(2) The Secretary shall not approve a develop-
ment and production plan, or a significant revision 
to such a plan, unless– 
‘‘(A) the plan is in compliance with all 
other applicable environmental and natural re-
source conservation laws; and 
‘‘(B) the applicant has available oil spill re-
sponse and clean-up equipment and technology 
that has been demonstrated to be capable of effec-
tively remediating the projected worst-case re-
lease of oil from activities conducted pursuant to 
the development and production plan.’’. 
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‘‘(B) in which the officer or employee par-
ticipated personally and substantially as an offi-
cer or employee of the Department. 
‘‘(b) PRIOR DEALINGS.—No full-time officer or em-
ployee of the Department of the Interior who directly or 
indirectly discharged duties or responsibilities under this 
Act shall participate personally and substantially as a Fed-
eral officer or employee, through decision, approval, dis-
approval, recommendation, the rendering of advice, inves-
tigation, or otherwise, in a proceeding, application, request 
for a ruling or other determination, contract, claim, con-
troversy, charge, accusation, inspection, enforcement action, 
or other particular matter in which, to the knowledge of 
the officer or employee— 
‘‘(1) the officer or employee or the spouse, minor 
child, or general partner of the officer or employee has 
a financial interest; 
‘‘(2) any organization in which the officer or em-
ployee is serving as an officer, director, trustee, gen-
eral partner, or employee has a financial interest; 
‘‘(3) any person or organization with whom the 
officer or employee is negotiating or has any arrange-
ment concerning prospective employment has a finan-
cial interest; or 
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