216 
SEC. 630. EXTENSION OF LIABILITY TO PERSONS HAVING 
OWNERSHIP 
INTERESTS 
IN 
RESPONSIBLE 
PARTIES. 
(a) DEFINITION OF RESPONSIBLE PARTY.—Section 
1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)) is amended by adding at the end the following: 
‘‘(G) PERSON HAVING OWNERSHIP INTER-
EST.—Any person, other than an individual, 
having an ownership interest (directly or indi-
rectly) in any entity described in any of sub-
paragraphs (A) through (F) of more than 25 
percent, in the aggregate, of the total ownership 
interests in such entity, if the assets of such en-
tity are insufficient to pay the claims owed by 
such entity as a responsible party under this 
Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to an incident occurring on or after 
January 1, 2010. 
SEC. 631. CLARIFICATION OF LIABILITY UNDER OIL POLLU-
TION ACT OF 1990. 
The Oil Pollution Act of 1990 is amended— 
(1) in section 1013 (33 U.S.C. 2713), by insert-
ing after subsection (f) the following: 
‘‘(g) LIMITATION ON RELEASE OF LIABILITY.—No 
release of liability in connection with compensation re-
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ceived by a claimant under this Act shall apply to liability 
for any type of harm unless— 
‘‘(1) the claimant presented a claim under sub-
section (a) with respect to such type of harm; and 
‘‘(2) the claimant received compensation for 
such type of harm, from the responsible party or 
from guarantor of the source designated under sec-
tion 1014(a), in connection with such release.’’; and 
(2) in section 1018 (33 U.S.C. 2718), by— 
(A) striking ‘‘or’’ at the end of paragraph 
(1); 
(B) striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(C) inserting after paragraph (2) the fol-
lowing: 
‘‘(3) with respect to a claim described in section 
1013(g), affect, or be construed or interpreted to af-
fect or modify in any way, the obligations or liabil-
ities of any person under other Federal law.’’. 
SEC. 632. SALVAGE ACTIVITIES. 
Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended— 
(1) in subsection (a)(2)(D) by inserting ‘‘or sal-
vage activities’’ after ‘‘removal’’; and 
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(2) in subsection (c)(4)(A) by inserting ‘‘or con-
ducting salvage activities’’ after ‘‘advice’’. 
SEC. 633. REQUIREMENT FOR REDUNDANCY IN RESPONSE 
PLANS. 
(a) REQUIREMENT.—Section 311(j)(5)(D) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1331(j)(5)(D)) is amended by redesignating clauses (v) 
and (vi) as clauses (vii) and (viii), and by inserting after 
clause (iv) the following new clauses: 
‘‘(v) include redundancies that specify 
response actions that will be taken if other 
response actions specified in the plan fail; 
‘‘(vi) be vetted by impartial experts;’’. 
(b) CONDITION OF PERMIT.—The Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LI-
CENSE AUTHORIZING DRILLING FOR OIL AND 
GAS. 
‘‘The Secretary may not issue any license or permit 
authorizing drilling for oil and gas on the Outer Conti-
nental Shelf unless the applicant for the license or permit 
has a response plan approved under section 311(j)(5)(D) 
of the Federal Water Pollution Control Act (33 U.S.C. 
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219 
1331(j)(5)(D)) for the vessel or facility that will be used 
to conduct such drilling.’’. 
SEC. 634. FEDERAL OIL SPILL RESEARCH PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Oil Pollution Research and Development Program Reau-
thorization Act of 2011’’. 
(b) FEDERAL OIL POLLUTION RESEARCH COM-
MITTEE.— 
(1) PURPOSES.—Section 7001(a)(2) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2761(a)(2)) is 
amended by striking ‘‘State’’ and inserting ‘‘State 
and tribal’’. 
(2) MEMBERSHIP.—Section 7001(a)(3) of such 
Act (33 U.S.C. 2761(a)(3)) is amended to read as 
follows: 
‘‘(3) STRUCTURE.— 
‘‘(A) MEMBERS.—The Interagency Com-
mittee shall consist of representatives from the 
following: 
‘‘(i) The Coast Guard. 
‘‘(ii) The Department of Commerce, 
including the National Oceanic and Atmos-
pheric Administration. 
‘‘(iii) The Department of the Interior. 
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‘‘(iv) The Environmental Protection 
Agency. 
‘‘(B) 
COLLABORATING
AGENCIES.—The 
Interagency Committee shall collaborate with 
the following: 
‘‘(i) The National Institute of Stand-
ards and Technology. 
‘‘(ii) The Department of Energy. 
‘‘(iii) The Department of Transpor-
tation, including the Maritime Administra-
tion and the Pipeline and Hazardous Mate-
rials Safety Administration. 
‘‘(iv) The Department of Defense, in-
cluding the Army Corps of Engineers and 
the Navy. 
‘‘(v) The Department of Homeland 
Security, including the United States Fire 
Administration in the Federal Emergency 
Management Agency. 
‘‘(vi) The National Aeronautics and 
Space Administration. 
‘‘(vii) The National Science Founda-
tion. 
‘‘(viii) Other Federal agencies, as ap-
propriate.’’. 
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(3) ROLE OF THE CHAIR.—Section 7001(a)(4) 
of such Act (33 U.S.C. 2761(a)(4)) is amended to 
read as follows: 
‘‘(4) CHAIR.— 
‘‘(A) IN
GENERAL.—A representative of 
the Coast Guard shall serve as Chair. 
‘‘(B) ROLE OF CHAIR.—The primary role 
of the Chair shall be to ensure that— 
‘‘(i) the activities of the Interagency 
Committee and the agencies listed in para-
graph (3)(B) are coordinated; 
‘‘(ii) the implementation plans re-
quired under subsection (b)(1) are com-
pleted and submitted; 
‘‘(iii) the annual reports required 
under subsection (e) are completed and 
submitted; 
‘‘(iv) 
the 
Interagency 
Committee 
meets in accordance with the requirements 
of paragraph (5); and 
‘‘(v) the Oil Pollution Research Advi-
sory Committee under subsection (f) is es-
tablished and utilized.’’. 
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(4) ACTIVITIES.—Section 7001(a) of such Act 
(33 U.S.C. 2761(a)) is amended by adding at the 
end the following: 
‘‘(5) ACTIVITIES.— 
‘‘(A) ONGOING, COORDINATED EFFORTS.— 
The Interagency Committee shall ensure that 
the research, development, and demonstration 
efforts authorized by this section are coordi-
nated and conducted on an ongoing basis. 
‘‘(B) MEETINGS.— 
‘‘(i) IN
GENERAL.—The Interagency 
Committee shall meet, or otherwise com-
municate, as appropriate, to— 
‘‘(I) plan program-related activi-
ties; and 
‘‘(II) determine whether the pro-
gram is resulting in the development 
of new or improved methods and tech-
nologies to prevent, detect, respond to, 
contain, and mitigate oil discharge. 
‘‘(ii) FREQUENCY.—In no event shall 
the Interagency Committee meet less than 
once per year. 
‘‘(C) 
INFORMATION
EXCHANGE.—The 
Interagency Committee, acting through the Ad-
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ministrator of the National Oceanic and Atmos-
pheric Administration, shall develop a national 
information clearinghouse on oil discharge 
that— 
‘‘(i) includes scientific information 
and research on preparedness, response, 
and restoration; and 
‘‘(ii) serves as a single electronic ac-
cess and input point for Federal agencies, 
emergency responders, the research com-
munity, and other interested parties for 
such information.’’. 
(c) OIL POLLUTION RESEARCH AND TECHNOLOGY 
PLAN.— 
(1) 
IMPLEMENTATION
PLAN.—Section 
7001(b)(1) of such Act (33 U.S.C. 2761(b)(1)) is 
amended— 
(A) by striking ‘‘180 days after the date of 
enactment of this Act’’ and inserting ‘‘180 days 
after the date of enactment of the Oil Pollution 
Research and Development Program Reauthor-
ization Act of 2011 and periodically thereafter, 
as appropriate, but not less than once every 5 
years’’; 
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(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) identify the roles and responsibilities 
of each member agency of the Interagency 
Committee under subsection (a)(3)(A) and each 
of the collaborating agencies under subsection 
(a)(3)(B);’’; 
(C) in subparagraph (B) by inserting ‘‘con-
tainment,’’ after ‘‘response,’’; 
(D) in subparagraph (D) by inserting 
‘‘containment,’’ after ‘‘response,’’; 
(E) by striking ‘‘and’’ at the end of sub-
paragraph (E); 
(F) in subparagraph (F)— 
(i) by striking ‘‘the States, regional oil 
pollution research needs’’ and inserting 
‘‘State and tribal governments, regional oil 
pollution research needs, including natural 
seeps and pollution resulting from import-
ing oil from overseas,’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(G) by adding at the end the following new 
subparagraphs: 
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225 
‘‘(G) identify the information needed to 
conduct risk assessment and risk analysis re-
search to effectively prevent oil discharges, in-
cluding information on human factors and deci-
sionmaking, and to protect the environment; 
and 
‘‘(H) identify a methodology that— 
‘‘(i) provides for the solicitation, eval-
uation, preapproval, funding, and utiliza-
tion of technologies and research projects 
developed by the public and private sector 
in advance of future oil discharges; and 
‘‘(ii) where appropriate, ensures that 
such technologies are readily available for 
rapid testing and potential deployment and 
that research projects can be implemented 
during an incident response.’’. 
(2) ADVICE AND GUIDANCE.—Section 7001(b) 
of such Act (33 U.S.C. 2761(b)) is amended by 
striking paragraph (2) and all that follows through 
‘‘under this section.’’ and by inserting the following: 
‘‘(2) ADVICE AND GUIDANCE.— 
‘‘(A) IN GENERAL.—The Chair shall solicit 
advice and guidance in the development of the 
research plan under paragraph (1) from— 
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‘‘(i) the Oil Pollution Research Advi-
sory Committee established under sub-
section (f); 
‘‘(ii) the National Institute of Stand-
ards and Technology on issues relating to 
quality assurance and standards measure-
ments; 
‘‘(iii) third party standard-setting or-
ganizations on issues relating to voluntary 
consensus standards; and 
‘‘(iv) the public in accordance with 
subparagraph (B). 
‘‘(B) PUBLIC
COMMENT.—Prior to the 
submission of the research plan to Congress 
under paragraph (1), the research plan shall be 
published in the Federal Register and subject 
to a public comment period of 30 days. The 
Chair shall review the public comments received 
and incorporate those comments into the plan, 
as appropriate.’’. 
(3) REVIEW.—Section 7001(b) of such Act (33 
U.S.C. 2761(b)) is further amended by adding at 
the end the following: 
‘‘(3) REVIEW.—After the submission of each re-
search plan to Congress under paragraph (1), the 
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Chair shall contract with the National Academy of 
Sciences— 
‘‘(A) to review the research plan; 
‘‘(B) to assess the adequacy of the re-
search plan; and 
‘‘(C) to submit a report to Congress on the 
conclusions of the assessment. 
‘‘(4) 
INCORPORATION
OF
RECOMMENDA-
TIONS.—The Chair shall address any recommenda-
tions in the review conducted under paragraph (3) 
and shall incorporate such recommendations into the 
research plan, as appropriate.’’. 
(d) OIL POLLUTION RESEARCH AND DEVELOPMENT 
PROGRAM.— 
(1) ESTABLISHMENT.—Section 7001(c)(1) of 
such Act (33 U.S.C. 2761(c)(1)) is amended by 
striking ‘‘research and development, as provided in 
this subsection’’ and inserting ‘‘research, develop-
ment, and demonstration, as provided in this sub-
section and subsection (a)(2)’’. 
(2) 
INNOVATIVE
OIL
POLLUTION
TECH-
NOLOGY.—Section 7001(c)(2) of such Act (33 
U.S.C. 2761(c)(2)) is amended— 
(A) in the matter before subparagraph (A), 
by striking ‘‘preventing or mitigating’’ and in-
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serting ‘‘preventing, detecting, containing, re-
covering, or mitigating’’; 
(B) by striking subparagraph (I); 
(C) by redesignating subparagraph (J) as 
subparagraph (I); 
(D) by striking the period at the end of 
subparagraph (I) (as so redesignated) and by 
inserting at the end a semicolon; and 
(E) by adding at the end the following: 
‘‘(J) technologies and methods to address 
oil discharge on land and in inland waters, 
coastal areas, offshore areas, including deep-
water and ultra-deepwater areas, and polar and 
other icy areas; and 
‘‘(K) modeling and simulation capabilities, 
including tools and technologies, that can be 
used to facilitate effective recovery and contain-
ment of oil discharge during incident re-
sponse.’’. 
(3) OIL
POLLUTION
TECHNOLOGY
EVALUA-
TION.—Section 7001(c)(3) of such Act (33 U.S.C. 
2761(c)(3)) is amended to read as follows: 
‘‘(3) OIL
POLLUTION
TECHNOLOGY
EVALUA-
TION.—The program established under this sub-
section shall provide for the evaluation of oil pollu-
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tion prevention, containment, and mitigation tech-
nologies, including— 
‘‘(A) the evaluation of the performance and 
effectiveness of such technologies in preventing, 
detecting, containing, recovering, and miti-
gating oil discharges; 
‘‘(B) the evaluation of the environmental 
effects of the use of such technologies; 
‘‘(C) the evaluation and testing of tech-
nologies developed independently of the research 
and development program established under 
this subsection, including technologies developed 
by small businesses; 
‘‘(D) the establishment, with the advice 
and guidance of the National Institute of 
Standards and Technology, of standards and 
testing protocols traceable to national standards 
to measure the performance of oil pollution pre-
vention, 
containment, 
or 
mitigation 
tech-
nologies; 
‘‘(E) an evaluation of the environmental 
effects and utility of controlled field testing; 
‘‘(F) the use, where appropriate, of con-
trolled field testing to evaluate real-world appli-
cation of new or improved oil discharge preven-
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230 
tion, response, containment, recovery, or mitiga-
tion technologies; 
‘‘(G) an evaluation of the effectiveness of 
oil pollution prevention technologies based on 
probabilistic risk analyses of the system; and 
‘‘(H) research conducted by the Environ-
mental Protection Agency and other appro-
priate Federal agencies for the evaluation and 
testing of technologies that demonstrate— 
‘‘(i) maximum effectiveness, including 
application and delivery mechanisms; and 
‘‘(ii) minimum effects, including tox-
icity, to human health and the environment 
in both the near-term and long-term.’’. 
(4) OIL POLLUTION EFFECTS RESEARCH.—Sec-
tion 7001(c)(4) of such Act (33 U.S.C. 2761(c)(4)) 
is amended— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) IN GENERAL.— 
‘‘(i) 
ESTABLISHMENT.—The 
Inter-
agency Committee, acting through the Ad-
ministrator of the National Oceanic and 
Atmospheric Administration, shall estab-
lish a research program to monitor and 
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scientifically evaluate the environmental ef-
fects, including long-term effects, of oil dis-
charge. 
‘‘(ii) 
SPECIFICATIONS.—Such 
pro-
gram shall include the following elements: 
‘‘(I) Research on and the devel-
opment of effective tools to detect, 
measure, observe, analyze, monitor, 
model, and forecast the presence, 
transport, fate, and effect of an oil 
discharge throughout the environ-
ment, including tools and models to 
accurately measure and predict the 
flow of oil discharged. 
‘‘(II) The development of meth-
ods, including economic methods, to 
assess and predict damages to natural 
resources, including air quality, result-
ing from oil discharges, including in 
economically disadvantaged commu-
nities and areas. 
‘‘(III) The identification of types 
of ecologically sensitive areas at par-
ticular risk from oil discharges, such 
as inland waters, coastal areas, off-
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232 
shore areas, including deepwater and 
ultra-deepwater areas, and polar and 
other icy areas. 
‘‘(IV) The preparation of sci-
entific 
monitoring 
and 
evaluation 
plans for the areas identified under 
subclause (III) to be implemented in 
the event of major oil discharges in 
such areas. 
‘‘(V) The collection of environ-
mental baseline data in the areas 
identified under subclause (III) if 
such data are insufficient. 
‘‘(VI) The use of both onshore 
and offshore air quality monitoring to 
study the effects of an oil discharge 
and oil discharge cleanup technologies 
on air quality. 
‘‘(VII) 
Making 
the 
results, 
health, and safety warnings readily 
available to the public, including 
emergency responders, the research 
community, local residents, and other 
interested parties. 
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‘‘(VIII) Research on technologies, 
methods, and standards for protecting 
removal personnel and for volunteers 
that may participate in incident re-
sponses, including training, adequate 
supervision, 
protective 
equipment, 
maximum exposure limits, and decon-
tamination procedures.’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘(B) The Department 
of Commerce’’ and all that follows through 
‘‘future oil discharges.’’ and inserting the 
following: 
‘‘(B) CONDITIONS.—The Interagency Com-
mittee, acting through the Administrator of the 
National Oceanic and Atmospheric Administra-
tion, shall conduct research activities under 
subparagraph (A) for areas in which— 
‘‘(i) the amount of oil discharged ex-
ceeds 250,000 gallons; and 
‘‘(ii) a study of the long-term environ-
mental effects of the discharge would be of 
significant scientific value, especially for 
preventing or responding to future oil dis-
charges.’’; 
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(ii) by striking ‘‘ATHOS I, and’’ and 
inserting ‘‘ATHOS I;’’; and 
(iii) by striking the period at the end 
and inserting ‘‘; Prince William Sound, 
where oil was discharged by the EXXON 
VALDEZ; and the Gulf of Mexico, where 
oil was discharged by the DEEPWATER 
HORIZON.’’; and 
(C) in subparagraph (C) by striking ‘‘Re-
search’’ and inserting ‘‘COORDINATION.—Re-
search’’. 
(5) 
DEMONSTRATION
PROJECTS.—Section 
7001(c)(6) of such Act (33 U.S.C. 2761(c)(6)) is 
amended— 
(A) by striking the first sentence and in-
serting the following: ‘‘The United States Coast 
Guard, in conjunction with such agencies as the 
President may designate, shall conduct a total 
of 2 port oil pollution minimization demonstra-
tion projects, 1 with the Ports of Los Angeles 
and Long Beach, California, and 1 with a port 
on the Great Lakes, for the purpose of devel-
oping and demonstrating integrated port oil 
pollution prevention and cleanup systems that 
utilize the information and implement the im-
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235 
proved practices and technologies developed 
from the research, development, and demonstra-
tion program established in this section.’’; and 
(B) in the second sentence by striking ‘‘oil 
spill’’ and inserting ‘‘oil discharge’’. 
(6) SIMULATED
ENVIRONMENTAL
TESTING.— 
Section 
7001(c)(7) 
of 
such 
Act 
(33 
U.S.C. 
2761(c)(7)) is amended by inserting ‘‘Oil pollution 
technology testing and evaluations shall be given pri-
ority over all other activities performed at such Re-
search Center.’’ after ‘‘evaluations.’’. 
(7) REGIONAL RESEARCH PROGRAM.— 
(A) IN GENERAL.—Section 7001(c)(8) of 
such Act (33 U.S.C. 2761(c)(8)) is amended— 
(i) in subparagraph (A)— 
(I) by striking ‘‘program of com-
petitive grants’’ and inserting ‘‘pro-
gram of peer-reviewed, competitive 
grants’’; and 
(II) by striking ‘‘(1989)’’ and in-
serting ‘‘(2009)’’; 
(ii) in subparagraph (C) by striking 
‘‘the entity or entities which’’ and inserting 
‘‘at least one entity that’’; and 
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236 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(H) In carrying out this paragraph, the 
Interagency Committee shall coordinate the 
program of peer-reviewed, competitive grants to 
universities or other research institutions, in-
cluding Minority Serving Institutions as defined 
under section 371(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1067q(a)), and provide 
consideration to such institutions in the rec-
ommendations for awarding grants.’’. 
(B) FUNDING.—Section 7001(c)(9) of such 
Act (33 U.S.C. 2761(c)(9)) is amended by 
striking ‘‘1991’’ and all that follows through 
‘‘shall be available’’ and inserting ‘‘2011, 2012, 
2013, 2014, and 2015, there are authorized to 
be appropriated from amounts in the Fund 
$12,000,000’’. 
(e) 
INTERNATIONAL
COOPERATION.—Section 
7001(d) of such Act (33 U.S.C. 2761(d)) is amended to 
read as follows: 
‘‘(d) INTERNATIONAL COOPERATION.—In accordance 
with the research plan submitted under subsection (b), the 
Interagency Committee shall engage in international co-
operation by— 
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237 
‘‘(1) harnessing global expertise through col-
laborative partnerships with foreign governments 
and research entities, and domestic and foreign pri-
vate actors, including nongovernmental organizations 
and private sector companies; and 
‘‘(2) leveraging public and private capital, tech-
nology, expertise, and services towards innovative 
models that can be instituted to conduct collabo-
rative oil pollution research, development, and dem-
onstration activities, including controlled field tests 
of oil discharges and other activities designed to im-
prove oil recovery and cleanup.’’. 
(f) ANNUAL REPORTS.—Section 7001(e) of such Act 
(33 U.S.C. 2761(e)) is amended to read as follows: 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) Concurrent with the submission to Con-
gress of the President’s annual budget request in 
each year after the date of enactment of the Oil Pol-
lution Research and Development Program Reau-
thorization Act of 2011, the Chair of the Inter-
agency Committee shall submit to Congress a report 
describing the— 
‘‘(A) activities carried out under this sec-
tion in the preceding fiscal year, including— 
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‘‘(i) a description of major research 
conducted on oil discharge prevention, de-
tection, containment, recovery, and mitiga-
tion techniques in all environments by each 
agency described in subsection (a)(3)(A) 
and (B); and 
‘‘(ii) a summary of— 
‘‘(I) projects in which the agency 
contributed funding or other re-
sources; 
‘‘(II) major projects undertaken 
by State and tribal governments, and 
foreign governments; and 
‘‘(III) major projects undertaken 
by the private sector and educational 
institutions; 
‘‘(B) activities being carried out under this 
section in the current fiscal year, including a 
description of major research and development 
activities on oil discharge prevention, detection, 
containment, recovery, and mitigation tech-
nologies and techniques in all environments that 
each agency will conduct or contribute to; and 
‘‘(C) activities proposed to be carried out 
under this section in the subsequent fiscal year, 
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including an analysis of how these activities will 
further the purposes of the program authorized 
by this section. 
‘‘(2) If the National Academy of Sciences pro-
vides recommendations on the research plan under 
subsection (b)(3), the Chair shall include, in the first 
annual report under paragraph (1) of this sub-
section, a description of those recommendations in-
corporated into the research plan, and a description 
of, and explanation for, any recommendations that 
are not included in such plan.’’. 
(g) ADVISORY COMMITTEE.—Section 7001 of such 
Act (33 U.S.C. 2761) is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of the Oil Pollution Re-
search and Development Program Reauthorization 
Act of 2011, the Chair of the Interagency Com-
mittee shall establish an advisory committee to be 
known as the Oil Pollution Research Advisory Com-
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mittee (in this subsection referred to as the ‘advisory 
committee’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN
GENERAL.—The advisory com-
mittee shall be composed of members appointed 
by the Chair, in consultation with each member 
agency described in subsection (a)(3), includ-
ing— 
‘‘(i) individuals with extensive knowl-
edge and research experience or oper-
ational knowledge of prevention, detection, 
response, containment, and mitigation of 
oil discharges; 
‘‘(ii) individuals broadly representative 
of stakeholders affected by oil discharges; 
and 
‘‘(iii) other individuals, as determined 
by the Chair. 
‘‘(B) LIMITATIONS.—The Chair shall— 
‘‘(i) appoint no more than 25 mem-
bers that shall not include representatives 
of the Federal Government, but may in-
clude representatives from State, tribal, 
and local governments; and 
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241 
‘‘(ii) ensure that no class of individ-
uals described in clause (ii) or (iii) of sub-
paragraph (A) comprises more than 1⁄3 of 
the membership of the advisory committee. 
‘‘(C) TERMS OF SERVICE.— 
‘‘(i) IN GENERAL.—Members shall be 
appointed for a 3-year term and may serve 
for not more than 2 terms, except as pro-
vided in clause (iii). 
‘‘(ii) VACANCIES.—Vacancy appoint-
ments shall be for the remainder of the un-
expired term of the vacancy. 
‘‘(iii) SPECIAL RULE.—If a member is 
appointed to fill a vacancy and the remain-
der of the unexpired term is less than 1 
year, the member may subsequently be ap-
pointed for 2 full terms. 
‘‘(D) COMPENSATION
AND
EXPENSES.— 
Members of the advisory committee shall not be 
compensated for service on the advisory com-
mittee, but may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of 
title 5, United States Code. 
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‘‘(3) DUTIES.—The advisory committee shall 
review, advise, and comment on Interagency Com-
mittee activities, including the following: 
‘‘(A) Management and functioning of the 
Interagency Committee. 
‘‘(B) Collaboration of the Interagency 
Committee and the agencies listed in subsection 
(a)(3)(B). 
‘‘(C) The research and technology develop-
ment of new or improved response capabilities. 
‘‘(D) The use of cost-effective research 
mechanisms. 
‘‘(E) Research, computation, and modeling 
needs and other resources needed to develop a 
comprehensive program of oil pollution re-
search. 
‘‘(4) SUBCOMMITTEES.—The advisory com-
mittee may establish subcommittees of its members. 
‘‘(5) MEETINGS.—The advisory committee shall 
meet at least once per year and at other times at the 
call of the Chair of the Interagency Committee. 
‘‘(6) REPORT.—The advisory committee shall 
submit biennial reports to the Interagency Com-
mittee and Congress on the function, activities, and 
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progress of the Interagency Committee and the pro-
grams established under this section. 
‘‘(7) EXPIRATION.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the advisory committee.’’. 
(h) FUNDING.— 
(1) IN GENERAL.—Section 7001(g) of such Act, 
as redesignated by subsection (g) of this section, is 
amended to read as follows: 
‘‘(g) FUNDING.—From the amounts authorized in 
section 321 of the Implementing the Recommendations of 
the BP Oil Spill Commission Act of 2011, there are au-
thorized to be appropriated— 
‘‘(1) $16,000,000 to the Administrator of the 
National Oceanic and Atmospheric Administration 
annually to carry out this section; and 
‘‘(2) $2,000,000 for each of fiscal years 2011, 
2012, 2013, and 2014 to carry out the activities in 
subsection (c)(6).’’. 
(i) ACCESS
TO
RESEARCH
DURING
AN
EMER-
GENCY.—Section 7001 of such Act (33 U.S.C. 2761) is 
amended by adding at the end the following new sub-
section: 
‘‘(h) ACCESS
TO RESEARCH DURING
AN EMER-
GENCY.—Any entity that receives Federal funding for re-
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search, the methodologies or results of which may be use-
ful for response activities in the event of an oil discharge 
incident described in sections 300.300–334 of title 40 of 
the Code of Federal Regulations, shall, upon request to 
that entity, make the methodologies or results of such re-
search available to the Interagency Committee and the 
Federal On-Scene Coordinator (as defined in section 
311(a)(21) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(a)(21))). Any methodologies or research 
results made available under this subsection shall be for 
use only for purposes of the response activities with re-
spect to the oil discharge incident, and shall not be avail-
able for disclosure under section 552 of title 5, United 
States Code, or included in information made publicly 
available pursuant to this Act.’’. 
SEC. 635. OIL SPILL LIABILITY TRUST FUND. 
(a) ADVANCE PAYMENTS.—Section 1012 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712) is amended by 
adding at the end the following: 
‘‘(m) ADVANCE PAYMENTS.—The President shall 
promulgate regulations that allow advance payments to be 
made from the Fund to States and political subdivisions 
of States for actions taken to prepare for and mitigate 
substantial threats from the discharge of oil.’’. 
(b) OIL SPILL LIABILITY TRUST FUND.— 
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(1) LIMITATIONS ON EXPENDITURES.—Section 
9509(c) of the Internal Revenue Code of 1986 (re-
lating to expenditures from the Oil Spill Liability 
Trust Fund) is amended— 
(A) by striking paragraph (2); 
(B) by striking ‘‘EXPENDITURES’’ and all 
that follows through ‘‘Amounts in’’ and insert-
ing ‘‘EXPENDITURES.—Amounts in’’; and 
(C) by redesignating subparagraphs (A) 
through (F) as paragraphs (1) through (6), re-
spectively, and indenting appropriately. 
(2) AUTHORITY TO BORROW.—Section 9509(d) 
of the Internal Revenue Code of 1986 (relating to 
authority to borrow for the Oil Spill Liability Trust 
Fund) is amended— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as 
paragraph (2); and 
(C) in paragraph (2) (as so redesig-
nated)— 
(i) by striking subparagraph (B); and 
(ii) by redesignating subparagraph 
(C) as subparagraph (B). 
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246 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED 
ROYALTY RELIEF FOR THE OIL AND GAS IN-
DUSTRY. 
(a) PROVISIONS RELATING
TO PLANNING AREAS 
OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) 
is amended by striking ‘‘and in the Planning Areas off-
shore Alaska’’ after ‘‘West longitude’’. 
(b) PROVISIONS RELATING TO NAVAL PETROLEUM 
RESERVE IN ALASKA.—Section 107 of the Naval Petro-
leum Reserves Production Act of 1976 (as transferred, re-
designated, moved, and amended by section 347 of the En-
ergy Policy Act of 2005 (119 Stat. 704)) is amended— 
(1) in subsection (i) by striking paragraphs (2) 
through (6); and 
(2) by striking subsection (k). 
SEC. 702. 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. 
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247 
SEC. 703. 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. 
SEC. 704. 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.— 
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‘‘(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, 
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 
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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. 
‘‘(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 
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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 
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 
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251 
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; 
‘‘(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. 
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‘‘(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; 
‘‘(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; 
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253 
‘‘(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-
ment that may be managed as a unit of the 
System.’’. 
SEC. 705. 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: 
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254 
‘‘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— 
‘‘(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)— 
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‘‘(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; 
‘‘(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 
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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 
or all wells subject to the requirements of this Act and 
the amendments made by this Act. 
SEC. 711. FLOW RATE TECHNICAL GROUP. 
(a) ESTABLISHMENT.—Within 180 days after the 
date of enactment of this Act, the Secretary, acting 
through the Director of the United States Geologic Sur-
vey, shall establish a permanent Flow Rate Technical 
Group to develop and maintain expertise in measuring and 
estimating flow rates and spill volumes. 
(b) MEMBERSHIP.—The Flow Rate Technical Group 
shall be chaired by the Director of the United States Geo-
logic Survey and shall include representatives from the 
Coast Guard, the National Oceanic and Atmospheric Ad-
ministration, the Department of Energy, the national lab-
oratories, and academic institutions. 
(c) APPLICATION OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Task Force shall not be considered an 
advisory committee under the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
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